CHAPTER XVI.

THE ADMINISTRATION OF ANDREW JOHNSON--RECONSTRUCTION AND IMPEACHMENT.

On the evening of April 14, 1865, Abraham Lincoln was assassinated

at Ford's theater in the city of Washington. The universal grief was

fitly described by Disraeli, who said, in the British Commons, that the

character of the victim and the circumstances of his death took the

event "out of all the pomp of history and the ceremonial of diplomacy;

it touched the heart of nations and appealed to the domestic sentiment

of mankind." Its effect upon the American people was profound, and it

deepened vastly the public appreciation of the essential barbarity of

the prejudices, passions and ambitions which had plunged the republic

into civil war.

The members of the Committee on the Conduct of the War returned on

the evening of this crime from Richmond, having made an unsuccessful

attempt to visit North Carolina for the purpose of taking testimony in

regard to the Fort Fisher expedition. On the following morning they

met, and addressed a formal note to Andrew Johnson, who had, while a

Senator, served upon that committee, expressing the wish of his "old

associates" to call upon him and acquaint him with "many things which

they had seen and heard at Richmond." They were promptly admitted to

his apartments at the Kirkwood House, and were among the first to talk

freely with the man who had been so tragically made President of the

newly-restored Union. Mr. Johnson had just been sworn into office by

Chief Justice Chase in the presence of some of the Cabinet and a few

Congressmen, and naturally the conversation chiefly turned upon the

pursuit of the assassins, and the proper punishment of the men who

had inspired or countenanced this crime, as well as of its actual

committers. As a sequel of this conference, an important meeting was

held on the following day (Sunday, April 16, 1865) in the President's

rooms. By appointment Senators Chandler and Wade and John Covode (an

original member of the Committee on the Conduct of the War, then a

contestant for a seat in the House) called upon Mr. Johnson, and

proceeded to consider with him what policy should be pursued toward

the chiefs of the conquered rebellion. They believed that the public

interest required that examples should be made of a few of the more

guilty of the Southern traitors, and urged such a course upon the

President. They found him--confronted as he was with the danger of

assassination, and recollecting his own sufferings as a Southern

Unionist--eager for measures of extreme rigor, and were compelled at

the outset to seek to moderate a violence of intention on his part,

which was certain to defeat the aim they were anxious to secure,

namely: that of impressing the public with a sense of the justice as

well as the severity of the punishment of deliberate and inexcusable

treason. Andrew Johnson's disposition was to give to the contemplated

proceedings rather a revengeful than a sternly retributive complexion.

The relations of Mr. Chandler, Mr. Wade and Mr. Covode with their

former fellow-committeeman were then exceedingly intimate, and they

labored to restrain his vehemence and to direct his determination into

a channel of action which should be just and not passionate, and should

thus yield wholesome influences. It had been suggested that Davis

and other fugitive rebels should be allowed to escape to Mexico or

Europe, and the question of their punishment thus evaded; this plan was

promptly condemned by all the participants in the conference, and there

was a general agreement that the leaders of the rebellion should be

arrested as rapidly as possible and held to answer for their offenses.

The next question that arose related to the best method of procedure

after these men had been captured, and then it was decided than Gen.

Benjamin F. Butler should be sent for to give his advice as a lawyer.

Mr. Covode undertook this errand and soon returned with him. Mr.

Chandler then stated to General Butler the subject of the conference,

and the President added that he was anxious to make a historical

example of the leading traitors, for its moral effect upon the future,

and took exceedingly extreme ground on this point, much more so than

the other gentlemen were willing to approve. All of those present

expressed their opinions in turn, after Mr. Johnson had concluded, and

all agreed upon one point, namely: that in the case of the seizure of

Jefferson Davis he should be summarily punished by death. Mr. Chandler

remarked, with emphasis:

"You have only to hang a few of these traitors and all will be peace

and quiet in the South. A few men have done the mischief, and the

masses of the people were misled by them. They have put the country

in great peril to gratify their political ambition and they ought to

suffer the penalty of treason as a warning to all men hereafter."

To this Andrew Johnson replied that Mr. Chandler could not know the

full enormity of the crime Davis and his associates had committed,

that Northern men could never realize the sufferings the rebellion had

brought upon the loyal people of the South, and that no punishment

could be too severe. He added that he was determined that a precedent

should be established that would be forever a terror to such men as had

conspired to overthrow the government.

After some further conversation, the President asked General Butler

for his professional opinion, as to whether Davis, Benjamin, Floyd,

Wigfall, and the other civil officers of the Confederacy, could be

tried by a military commission. General Butler replied that if they

could be arrested in the insurrectionary States--in any locality

under military control and where no civil authority existed or was

recognized--they could be arraigned before such a tribunal, but a court

of this character would have no jurisdiction if the criminals should

get upon foreign soil, or, before being apprehended, reach any district

where the civil law was in force. Mr. Chandler then urged that Davis

should, by all means, be secured before he had a chance to leave the

seceded States; and inquired as to the situation of the troops in the

South and the probability of their defeating an attempt by Davis to

fly through Mexico, or by boat on the Gulf. President Johnson replied

that no way was open for his escape, but that he would be captured,

dead or alive. The supposition that Davis was implicated in the

assassination plot was then discussed with some difference of opinion,

and finally the President asked General Butler to indicate a plan for

the prosecution and punishment of Davis and his associates, for the use

of the government. General Butler consented and the conference ended.

With the preparation of the memorandum thus requested, General Butler

occupied almost his entire time for several weeks, investigating

precedents, and examining authorities with the utmost thoroughness.

During this work he was repeatedly in consultation with Mr. Chandler,

who saw all of his notes and made many suggestions; before its

completion, Davis had been captured and sent to Fortress Monroe.

General Butler's plan was submitted to President Johnson in the latter

part of May, 1865. It was long and elaborate, was based upon an

exhaustive examination of the history of all military tribunals, and

set forth in substance these propositions:

1. That Davis could be tried by a military commission, having been

captured while in rebellion in a locality where no lawful civil

authority existed. This tribunal could sit at Fortress Monroe, where

Davis was a prisoner, as that was still within the military lines.

2. That this commission should be composed of the thirteen officers

of the highest rank in the army; this provision would have made it

consist of Lieut.-Gen. U. S. Grant; Major-Generals H. W. Halleck, W.

T. Sherman, George G. Meade, Philip H. Sheridan, George H. Thomas, and

Brigadier-Generals Irwin McDowell, Wm. S. Rosecrans, Philip St. George

Cooke, John Pope, Joseph Hooker, W. S. Hancock, and John M. Schofield.

3. That in case of conviction, before the sentence should be executed,

Davis should be allowed an opportunity to appeal to the Supreme Court

of the United States; this would silence criticism, secure Davis all

his legal rights, and establish a precedent which might stand for all

time.

4. That the only doubt that existed as to the conviction of Davis

was to be found in the question of the jurisdiction of the military

commission.

5. That the prosecution should hold Davis's assumption of military

authority against the United States as the overt act of treason, and

that his military orders, his commissions of officers, his official

announcements of himself as "commander-in-chief of the military and

naval forces of the Confederate States," his official reviews of

troops, the official reports made to him by commanders of armies in

rebellion, should be proven to establish the case.

6. That the record of the oaths taken by him as an officer in the

United States army, as a Senator, and as Secretary of War, should be

shown with evidence that he had violated them.

7. That the various acts of cruelty to prisoners of war committed

by his orders should be proven; other minor counts could also be

introduced in the indictment to secure an accumulation of charges.

General Butler's memorandum further set forth that the prosecution

should expect to be met by the defense:

1. With the question of jurisdiction.

2. With an attempt to prove the right of secession.

3. With the claim that the duty of allegiance to a state was superior

to the duty of allegiance to the general government.

4. With the claim that the acts of which Davis was accused were

performed by him as the head of a _de facto_ government, to which

office he had been elected under forms of law.

5. With the further point that the recognition of this _de facto_

government by the United States in the exchange of prisoners, in the

acceptance of terms of surrender, in the observance of flags of truce,

and in correspondence of various kinds, amounted to such a recognition

of the existence of a government with which it was at war, as must

prevent the United States from claiming that participation therein was

treason.

These were the chief points which General Butler thought the defense

would set up, and in his brief he grouped a powerful array of

precedents and decisions upon which the prosecution could rest its

case and meet these objections. During the early stages of this work,

Mr. Chandler, General Butler and others, who firmly held that stern

punishment should be meted out to a few conspicuous rebels--not in a

spirit of vengeance, but from a belief that salutary results would

follow if it should be established as a historical fact that in the

United States treason is a high crime whose penalty is death--were

constantly anxious lest the President should by some violent act or

word destroy the moral effect of their position. In public he said

repeatedly at this time that "the penalties of the law must be in a

stern and inflexible manner executed upon conscious, intelligent and

influential traitors," but his private utterances far outstripped

this language, and were often scarcely less than bloodthirsty. Mr.

Chandler, on one occasion, came away from the White House greatly

disturbed by Mr. Johnson's disposition to treat this subject with mere

anger, and characteristically said to Senator Wade and Mr. Hamlin,

"Johnson has the nightmare, and it is important that he should be

watched." General Butler's memorandum Mr. Chandler heartily approved

as clear in scope, just in spirit, and certain to prove effective in

operation, but, by the time it was fully completed, a great change

had taken place in the disposition of the President. In April he was

in favor of hanging every body; in June he was opposed to hanging

any one. He finally ignored entirely the memorandum which General

Butler had drawn up at his request, and decided that Davis should be

tried by the civil authorities at Richmond, where his crimes had been

committed. As a result the arch-rebel was allowed to remain in prison

at Fortress Monroe for nearly two years, because of the lack of a

civil court competent to take jurisdiction of his case. In 1866 he was

indicted and arraigned, and in 1867 was admitted to bail; a year later

a _nolle prosequi_ was entered, and the case against him dismissed.

Before this matter had reached its second stage even, Mr. Chandler had

become convinced that Andrew Johnson had determined to desert the party

which had elevated him to the vice-presidency, and with that knowledge

ceased to act as his adviser and became one of the most active of his

political enemies. The leniency of the course finally pursued toward

Davis Mr. Chandler then and afterward regarded as a grave public

mistake, and believed that the failure to enforce the death penalty

where it was so thoroughly deserved was exceedingly unfortunate in its

influence upon popular opinion, and did more than any other one cause

to encourage the disloyal classes of the South in their plans for

ultimately recapturing the political supremacy they had forfeited by

rebellion.

Precisely the causes which led Andrew Johnson so quickly back into

close fellowship with the men whom he had regarded as his inveterate

enemies will never be known. It is probable that originally they

were slight, but his temperament rapidly widened disagreement into

irreconcilable hostility. His maudlin speech on Inauguration-day so

incensed many of his supporters that the Republican senators, at a

formal gathering, actually considered a proposition (urged by Mr.

Sumner) to request him to resign the office he had disgraced. The

conference decided against such a step, but Mr. Johnson heard of the

movement, and regarded those who approved it with much bitterness;

his hatred of them undoubtedly fed his growing dislike for the party

of which they were influential leaders. Again, he was a thorough

representative of the "poor whites" of the South. He felt their

jealousy of the planting aristocracy which monopolized political power

in his section, and this made him such a vigorous opponent of the

secession conspiracy which that oligarchy organized and led. But he

also shared in the prejudice of his own class against the negroes,

and, when he saw the disposition of the Republicans to accord to the

freedmen equal rights and privileges before the law, he refused to

join in that movement and set doggedly about defeating such plans.

Precisely how great Mr. Seward's influence over him was at this time

is not clear, but it is certain that the change in his attitude toward

Republicanism was simultaneous with the slow recovery of his Secretary

of State from the blows of Payne's dagger. His combative obstinacy also

made him fiercely resent the vigorous criticisms which his "policy"

of reconstruction invited when first announced; Congress did not meet

for months after his accession to the presidency, and its leaders were

not in position to check his course, either by organized remonstrance

or by legislative interposition; the rebels who had been denouncing

him savagely were prompt to flatter his vanity and to offer promises

of support; and, as a result, when the Thirty-ninth Congress met on

December 4, 1865, the break between the President and the Republican

party had passed beyond mending. Mr. Johnson entered at once upon

that shameful course, which included the betrayal of those who had

trusted him and the disgrace of his high office by lamentable public

exhibitions of passion and boorishness, and which led to great and

durable public injury by trebling the difficulties surrounding the

delicate and important work of reconstructing the "Confederacy." Mr.

Chandler's distrust of the President commenced with his change of tone

in regard to the punishment of treason and with the first manifestation

of his intention to assume full control of reconstruction and to

practically restore the rebels to power in the subdued States. They

had one stormy interview at the White House, in which Mr. Chandler,

after touching upon the implicit character of his confidence in the

President during their senatorial service, denounced his new course as

a violation of his sacred pledges and a base surrender to traitors, and

left him indignantly and forever. From that time he regarded Andrew

Johnson as a public enemy, whose opportunities for evil were to be

lessened by every possible lawful restriction. He did not oppose the

efforts made by his more hopeful associates in December, 1865, to

re-establish harmony between the Capitol and the White House, but he

predicted their failure. All the legislation which diminished Johnson's

power for harm he ardently supported. The bills to admit Nebraska and

Colorado (the Colorado bill failed at this time) he was especially

active in pushing, from a belief that it was important to increase the

Republican ascendency in the Senate while there was an uncertainty as

to how much strength the "Johnson men" proper (Senators Doolittle,

Dixon, Norton, and Cowan) might develop. It was largely through Mr.

Chandler's untiring exertions, also, that the Fortieth Senate elected

Benjamin F. Wade as its President, and thus made him the acting

Vice-President of the United States, a position of the very highest

responsibility in the then critical state of national affairs.

Mr. Chandler aided in shaping and passing the reconstruction measures

of 1866-'67-'68, not for the reason that they precisely embodied his

ideas of the true method to be pursued, but because they presented a

plan upon which the Republicans could be united, which was practicable,

and which promised to reorganize the Southern States on the basis of

the supremacy of the loyal elements in their population. When Andrew

Johnson took the first step in unfolding his "policy" (by his general

amnesty proclamation and by the appointment of a provisional governor

for North Carolina, both acts bearing the date of May 29, 1865) the

"Confederacy" had ceased to exist, its chieftain was a captive, its

armies were prisoners of war on parole, its capacity for resistance had

been consumed in the furnace of battle, but its bitterness still glowed

and the prejudices and ambitions which gave it being were undestroyed.

The amnesty proclamation relieved, with a few exceptions, those who

bore arms against the government and the most virulent supporters of

rebellion who remained at home from all pains and penalties on the sole

condition that they should subscribe to an oath of future loyalty.

The provisional government proclamations permitted all persons thus

amnestied, who were voters according to laws of the States previous

to the rebellion, to elect delegates to conventions to amend the

local constitutions and restore the States to their "constitutional

relations with the federal government." By this process the loyal

colored men of the South were denied the right to participate in the

work of reconstruction and the entire machinery of reorganization was

placed in the control of men whose hands were yet red with Union blood.

Their discretion was only hampered by three conditions, compliance

with which was made essential to the presidential approval of their

work. They were required to annul the secession ordinances, to formally

recognize the abolition of slavery, and to repudiate all debts created

to promote rebellion. Beyond this, the disloyal classes of the South

were left in undisputed mastery of the situation. The control of the

insurgent States, and of the lives and fortunes of the loyalists,

white and black, were surrendered absolutely to the men who but a few

weeks before had been wrecked in the catastrophe which overwhelmed the

rebellion. That they were prompt to improve this unexpected, undeserved

and mistaken leniency need not be said. Their use of their new power

was both presumptuous and intolerant. In elections, which proscribed

Union men as unworthy of trust, conventions were chosen which accepted

ungraciously the mere fact of emancipation, and which repudiated

the rebel debts only under repeated presidential compulsion. State

governments were then organized, which placed men whose disloyalty had

been conspicuous in responsible positions, and which sent unamnestied

leaders of the rebellion in the field and in council to Washington as

claimants of Congressional seats. The State legislation which followed

embodied in shameful laws the unquenched diabolism of the slave power.

In statutory phraseology these enactments declared, "politically and

socially this is a white man's government," and, impudently asserting

that Congress was without any power over the matter, the men who had,

in form, admitted the death of slavery proceeded to establish peonage

in its stead. No body of laws adopted by any civilized nation in

this century has equaled in studied injustice and cruelty those by

which the "Johnson governments" of 1865 and 1866 sought to prevent

the freedmen from rising from the level of admitted and hopeless

inferiority, and to convince the blacks that in ceasing to be slaves

they had only become serfs. Colored people were denied the right to

acquire or dispose of public property. It was made a crime for a negro

to enter a plantation without the consent of its owner or agent.

Freedmen were declared vagrants, and punished as such for preaching

the gospel without a license from some regularly organized church.

Colored men failing to pay capitation tax were declared vagrants and

the sale of their services was permitted as a penalty. Black persons

were prohibited from renting or leasing lands except in incorporated

towns or villages. Their owning or bearing arms was declared to be a

violation of the peace. For a negro to break a labor contract was made

an offense punishable by imprisonment. Colored laborers on farms were

prohibited from selling poultry or farm products, and it was made a

misdemeanor to purchase from them. This class was also denied the right

of forming part of the militia, and it was made an offense for any

freedman to enter a religious or other assembly of whites, or go with

them into any rail car or public conveyance. White persons "usually

associating themselves with freedmen, free negroes, or mulattoes"

were also declared to be vagrants in the eye of the law. The colored

people were prohibited from practicing any art, trade or business

except husbandry, without special license from the courts. And most

infamous of all were the statutes for the compulsory apprenticeship

of colored children with or without the consent of parents, which

practically re-established over the next generation of the freed people

slavery with the whipping-post and overseer's lash. One State by joint

resolution tendered thanks to Jefferson Davis "for the noble and

patriotic manner in which he conducted the affairs of _our_ government

while President of the Confederacy," and other resolutions were adopted

declaring that "nothing more is required for the restoration of law

and order but the withdrawal of federal bayonets." [The fell spirit

and tendency of the reaction which was thus revealed found still more

significant expression in the revolting butchery in and around the

Mechanic's Institute of New Orleans on the 30th of July, 1866.] Some

of these infamous measures were adopted in all the insurrectionary

States, others in only some of them, but without exception the new

Southern governments which Andrew Johnson's "policy" created were

founded upon the traditions of the slave system and the memories of

"the lost cause." The objection that the President had, in thus taking

the work of reconstruction into his own hands, usurped authority

devolved upon Congress by the constitution, was a strong one, but it

received but little popular attention. Anger at the results of that

"policy" obscured the mere disapproval of its methods. When it was seen

that the rebellion had merely changed its theater of action, and that

what it lost on the battle-field it proposed to secure by legislation,

there was but one opinion among the masses of the people who had

heartily supported the war and were sincerely anxious to preserve its

fruits. Their emphatic demand was that the illegal and reactionary

governments set up by the President should be overturned, and the South

reconstructed in the interests of loyalty and liberty. Congress, as

part of its stubborn contest with Andrew Johnson, undertook this work.

It refused to recognize the pretended State governments or to admit

their Congressmen. It divided the territory of the conquered States

into five military districts, and placed it under the control of the

army until a juster system of reconstruction could be applied. It then

provided that in the calling of conventions to frame new constitutions

colored men should be permitted to vote; that those revised instruments

must confer the elective franchise upon all loyal colored people

and all whites not disfranchised for rebellion; that the work of

the conventions must be submitted to the colored and white people

not disfranchised for approval; that the Thirteenth and Fourteenth

Amendments to the national constitution must be ratified; and that

the State constitutions so adopted must be submitted to and accepted

by Congress. Upon this general plan the South was reconstructed, not

without much friction, not wholly to the satisfaction of the men who

marked out this course of procedure, but with the faith (or at least

the trust) on their part that it would restore that section to the

Union with genuinely free institutions, that it would protect the

emancipated slave in his rights, and that it would substitute for

disloyal communities States controlled by those whose interests and

traditions lay with the national cause. The reconstruction laws were

not vengeful in character; the aim of the men who passed them was not

retaliation, not even retribution except in so far as the application

of mild penalties to treason might increase the security of the future.

To prevent a repetition of the terrible struggle which had just closed

was the aim; that a political system had been devised, which both

recognized human rights, and by its natural operations would exclude

from political power the men who had plunged the country into civil

war, was the hope. Within ten years the scheme failed utterly, and what

it was designed to prevent had been accomplished upon its ruins. No

body of laws can maintain itself in the face of organized murder and

terrorism which authority refuses to either punish or prevent.

The reconstruction measures, while they commanded Mr. Chandler's

general assent, were laxer in details than he would have made them.

He felt, as Thaddeus Stevens said, that much that they ought to

have contained was "defeated by the united forces of self-righteous

Republicans and unrighteous Copperheads," but held that the bills

which were passed deserved support as a whole on the ground that it

was not wise to "throw away a great good because it is not perfect."

Schuyler Colfax closed one of his speeches upon this subject as

follows: "Loyalty must govern what loyalty preserved." Mr. Chandler

complimented him warmly and said, "You got it all into one sentence,"

and that doctrine and the belief in equal rights for citizens of

every color guided his share of the work upon all measures affecting

reconstruction. His chief regret was that the process of this

reorganization was not prolonged until the loyal sentiment of the South

had become strong enough and intelligent enough to maintain itself. If

his wishes had prevailed, the provisional governing of that section

would have been continued until the education of the blacks, the death

of the rebel leaders, and the extinguishment by time of the prejudices

and animosities of the war had accomplished such a wholesome revolution

in sentiment throughout that section as would in itself have been a

loyal and durable reconstruction. As this was not possible, he spared

no effort to make successful the experiment which was attempted; if

others had been as resolute and faithful as he, it would not have

failed. He did not share in the disposition of so many Republicans to

abandon what had been just commenced because of the imperfection of its

first fruits. He stood manfully for the maintenance by Northern opinion

and by the aid of the United States of the loyal State governments

of the South, not claiming they were faultless, but because they

were based on justice and were far better than that which would take

their place if they fell. When they were assailed by assassination,

by massacre, and by systematic terrorizing, he believed that it was

the duty of the general government to use all its authority and all

its force to protect its citizens in their rights and to prevent the

harvesting by unpunished traitors of the fruits of atrocities as

brutal and bloody as Saint Bartholomew. The policy of political murder

triumphed finally at the South, not through any weakness of such men as

he, nor through any failure upon his part to denounce that vast crime.

He labored strenuously to kindle Northern opinion into such a flame

of just wrath as would have made impossible that victory of organized

brutality.

Mr. Chandler, was often described by political opponents as "the

relentless enemy of the South;" nothing was farther from the fact.

That small minority of the Southern people, who ruled that section

with oligarchical power before and during the war, who organized and

led the rebellion, and who have now regained supremacy by outrage and

murder, he always distrusted and attacked. But the great majority of

the people of the South--the blacks whom those men rob of their rights

and the whites whom they mislead--he profoundly pitied, and their

cause he espoused. For them he demanded equal rights before the law, a

free ballot box, the common school, and an opportunity to prove their

manhood. Those who resisted a policy so just and civilizing he was

quick to denounce in unstinted terms, and upon them he did not waste

conciliation. They--not "the South"--found him the inappeasable, but

still "the avowed, the erect, the manly foe."

In the elections of 1866 the issues were chiefly those connected with

reconstruction, and Mr. Chandler as usual spoke in his own and other

Western States, exposing the malign results of Mr. Johnson's "policy"

and in advocacy of the Congressional plan and the Fourteenth Amendment.

The general tenor of his speeches will appear from this extract from an

address delivered at Detroit, at the close of the political campaign:

These perjured traitors are permitted to live here, but we say

to them they can never again hold office unless Congress by a

two-thirds vote shall remove the disability; why, a man who has

committed perjury alone, right here in Michigan, you would not

allow to testify before a justice of the peace in the most petty

case. But we forget the perjury of the rebels which would send them

to the State prison, we forget the hanging which follows treason,

and say to them simply, that for the future they can never hold

office. Personally I am not in favor of the last clause of this

section which gives Congress the power to remove this disability by

a two-thirds vote. I would have let this race of perjured traitors

die out, out of office, and educate the rising generation to

loyalty. But it is in the amendment and I advocate its adoption as

it is.

Often during the progress of the obstinate struggle between Andrew

Johnson and Congress his attempts to evade law and his encroachments

upon the powers vested in the legislative branch of the government led

to the serious consideration in the House of Representatives of the

question of impeachment. Several resolutions ordering the preferring

of charges against him at the bar of the Senate were presented without

action, but on the 7th of January, 1867, the Hon. J. M. Ashley of

Ohio offered a preamble, beginning, "I do impeach Andrew Johnson,

Vice-President and acting President of the United States, of high

crimes and misdemeanors. I charge him with usurpation of power and

violation of law in that he has corruptly used the appointing

power; ... corruptly used the pardoning power; ... corruptly used

the veto power; ... corruptly disposed of public property; ... and

corruptly interfered in elections." With this preamble was a resolution

referring the charges to the Judiciary Committee to inquire if the

President had been guilty of acts which were "calculated to overthrow,

subvert or corrupt the government." By a vote of 108 yeas to 39 nays

this reference was ordered, but no report was made until November

25, 1867, and then a resolution of impeachment was submitted by Mr.

Boutwell in behalf of the majority of the committee. On December 7,

this resolution was rejected by a vote of 57 to 108. Encouraged by

this result Mr. Johnson, who had suspended Edwin M. Stanton from the

Secretaryship of War during the Congressional recess of 1867, and whose

action had been disapproved by the Senate under the Tenure of Civil

Office act, undertook to force Mr. Stanton out by a second suspension

on February 21, 1868, accompanied by an order appointing Gen. Lorenzo

Thomas Secretary _ad interim_. Mr. Stanton declined to acknowledge the

President's power to take this step, refused to give place to General

Thomas, and for many days and nights remained in constant occupation

of the department offices. The House of Representatives at once

arraigned the President before the Senate for this attempted violation

of the Tenure of Office act, and his trial followed. Chief Justice

Chase presided; the proceedings lasted from February 25 until May 26,

1868; and in the end Mr. Johnson was acquitted, exactly the number of

Republican Senators necessary to defeat conviction voting with the

Democratic minority. These proceedings Mr. Chandler watched with the

liveliest interest, and the failure of the impeachment was one of

the most bitter disappointments of his political career. He sincerely

believed that Johnson's course fully merited a verdict of "guilty,"

and he felt that the great difficulties surrounding the problem of the

loyal reconstruction of the South would disappear if the executive

department of the government was administered with the Jacksonian vigor

and patriotism of Benjamin F. Wade. Mr. Stanton's refusal to permit the

President to displace him without the consent of the Senate he endorsed

with the utmost heartiness, and, while the Secretary remained in his

office to prevent its seizure by Mr. Johnson's _ad interim_ appointee,

Mr. Chandler spent night after night with him, and did all that was

possible to strengthen his resolution and to lighten his voluntary

confinement. On one occasion, when there were signs of an intention on

the part of the claimant to use force, Mr. Chandler, General Logan,

and a few others gathered together about a hundred trusty men, who

occupied the basement of the department, and there did garrison duty

until the danger was past. During Johnson's trial Mr. Chandler was not

forgetful of his position as a judge, and was an attentive listener to

the evidence and the arguments before and in the court of impeachment.

He was restive under the length of the proceedings, however, and did

advise the managers on the part of the House to push the case along

as rapidly as possible, urging that the public interest required the

ending of the general suspense. He felt then, and said afterward, that

the delay was used to effect combinations with, and apply pressure to,

individual Senators, which would induce them to favor acquittal. That

this was done he never doubted, and he repeatedly denounced in the

strongest terms, both in public and private, the action of the seven

Republicans (Senators Fessenden, Trumbull, Grimes, Henderson, Fowler,

Ross and Van Winkle) who voted "not guilty" with the Democrats and

the "Johnson men." He was especially indignant at the course of Mr.

Fessenden and Mr. Trumbull, and on several occasions in after years

came into sharp personal collision with them during the Senate debates.

The final failure of the impeachment movement he felt as a blow. One

who knew him well has said: "He believed that republican government was

at stake and impeachment a necessity. Never was there a time when he

came so near despairing of the republic as at that event."

The Thirty-ninth and Fortieth Congresses remained in nearly continuous

session for over three years "watching the White House." Outside of

the exciting political topics which received so large a share of their

attention, they were compelled to deal with important financial,

commercial and material questions affecting vitally the general

interest. The currency and public debt demanded simplification; the tax

system was to be changed from a war to a peace footing; the commercial

wrecks of many years called for a bankrupt law; bounties were to be

equalized, pensions provided, and war claims adjusted on wise bases;

neglected internal improvements clamored for renovation and extension;

the ocean commerce required national care; and innumerable minor

interests, long neglected under the stress of civil war, needed instant

attention. Mr. Chandler worked with characteristic energy and practical

wisdom in all these branches of legislative activity, and rendered

public services of varied and permanent usefulness.

Zachariah Chandler: An Outline Sketch of His Life and Public Services · 第 16 / 22 章