CHAPTER XX.

THE GREAT IMPEACHMENT.

The gulf between President Johnson and Congress gradually widened

after the reconstruction bill was passed over his veto, although

his friends announced that while he opposed the act and had resisted

its passage, it was the law of the land, and he would fairly execute

it. He appointed Generals Sheridan, Sickles, and Pope to carry

out its provisions, and he was regarded as an obstinate man

patriotically performing an unpleasant duty. Then he began to

doubt, and Attorney-General Stanbery, aided by Judge Jere Black,

declared that the Reconstruction Act was not legal, and that the

military commanders at the South were merely policemen. Congress

met in midsummer and made the act more stringent in its provisions.

The President's advisers then counseled him to change those who

were executing the provisions of the act at the South. Stanton

was removed from the War Department and Grant appointed in his

place, Sheridan was replaced by Hancock, and Sickles and Pope were

relieved from duty. When the Senate met, it overruled the deposition

of Mr. Stanton, and General Grant gracefully retired that the "War

Secretary" might assume the duties of his office. This made

President Johnson very angry. He had wanted to use General Grant

as a cat's-paw for keeping Stanton out of the War Department, and

had hoped at the same time to injure Grant in the estimation of

the people. He raised a question of veracity with the General

commanding, but Congress and the people speedily decided between

the soldier, whose reputation for veracity was untarnished, and

the President, who had broken his promises and had betrayed his

friends.

Sir Frederick Bruce, the British Minister to the United States,

died suddenly at a hotel in Boston, on the 19th of September, 1867.

He had been attacked with diphtheria at Narragansett Pier, and had

gone to Boston for medical advice, but he arrived too late. He

recognized Senator Sumner, who hastened to his bedside, but was

unable to speak to him. Sir Frederick was the younger brother of

Lord Elgin. He was born in 1814, was educated at Christ's Church

College, Oxford, and subsequently was called to the bar at Lincoln's

Inn. Educated for the diplomatic service, he began his career in

Lord Ashburton's suite, when he came to Washington in 1842, on his

special mission regarding the north-eastern boundary question. At

this time Rufus Choate said of him that he was "the Corinthian part

of the British Legation." He was then employed in the diplomatic

service until he was appointed in 1865 to succeed Lord Lyons as

British Minister in Washington, and was presented to President

Johnson immediately after the funeral of President Lincoln. While

in China his official relations with the Hon. Anson Burlingame

ripened into personal intimacy, and on the visit of the latter home

there were reciprocated between these gentlemen the most cordial

expressions of respect and friendship. He lived in excellent style

in Washington, was very hospitable to his acquaintances and friends,

whom he frequently entertained at his well-spread table, and was

noted for that love of horses which has almost become a passion

with Englishmen. To the public in general the deceased wore that

stiff and formal appearance which characterizes the class of his

countrymen to which he belonged, but in private life he is said to

have been very social, conversational, and entertaining.

Mrs. Lincoln created an excitement in the autumn of 1867 by offering

for sale, in a small up-stairs room on Broadway, in New York, what

purported to be her wardrobe while she was at the White House.

Ladies who inspected it said that the object of this exhibition

could not have been to realize money from the sale of the collection.

With the exception of some lace and camel's-hair shawls, and a few

diamond rings, there was nothing which any lady could wear, or

which would not have been a disgrace to a second-hand clothes shop;

the dresses--those that had been made up and worn--were crushed,

old-fashioned, and trimmed without taste. The skirts were too

short for any but a very short person, and of the commonest muslins,

grenadines, and bareges; all were made extremely low in the neck,

and could not be available for any purpose. There were some brocaded

silk skirts in large, heavy patterns, which had been made but not

worn, but these were unaccompanied by any waists, while the price

put upon them and the other articles was exorbitant. The opinion

was that the exhibition was intended to stimulate Congress to make

Mrs. Lincoln a large appropriation. Those Republicans who had

subscribed to the fund of one hundred thousand dollars paid to Mrs.

Lincoln after the death of her lamented husband were very angry.

The general opinion was that the exhibition was an advertising

dodge which some of Mrs. Lincoln's indiscreet friends had persuaded

her to adopt.

Thurlow Weed created a decided sensation by taking up the cudgels

in defense of his party, and published a letter stating that the

Republicans, through Congress, "would have made proper arrangements

for the maintenance of Mrs. Lincoln had she so deported herself as

to inspire respect." He further intimated "that no President's

wife ever before accumulated such valuable effects, and that those

accumulations are suggestive of 'fat contracts and corrupt disposal

of patronage.'" He continued, that "eleven of Mr. Lincoln's new

linen shirts were sold" almost before the remains, which were

shrouded in the twelfth, had started "for the bourne from whence

no traveler returns." Not only was Mr. Weed censured in this

country, but in England. The London _Telegraph_ said: "To attack

Mrs. Lincoln is to insult the illustrious memory of Abraham Lincoln,

and to slander a gentle lady. Far and wide she has been known as

an admirable and charitable woman, an irreproachable wife, and a

devoted mother. She is entitled to more than 'respect' from the

American people. They owe her reverence for her very name's sake.

If fifty thousand swords were to have leapt from their scabbards

to avenge the slightest insult offered to Marie Antoinette, a

million of American hearts and hands would be quick to relieve the

wants of the widow of the Emancipator; and if this deplorable tale

could be true, which we decline to believe, the American public

wants no stimulus from abroad to take such an incident at once from

the evil atmosphere of electioneering, and to deal with the

necessities of Abraham Lincoln's family in a manner befitting the

national dignity."

The impeachment of President Johnson was loudly demanded by Wade,

Butler, Thad. Stevens, and other ultra radicals when Congress met

in December, 1867. "Why," said Mr. Stevens, "I'll take that man's

record, his speeches, and his acts before any impartial jury you

can get together, and I'll make them pronounce him either a knave

or a fool, without the least trouble." He continued: "My own

impression is that we had better put it on the ground of insanity

or whisky or something of that kind. I don't want to hurt the

man's feelings by telling him that he is a rascal. I'd rather put

it mildly, and say he hasn't got off that inauguration drunk yet,

and just let him retire to get sobered."

President Johnson, with an equally unfortunate want of reticence,

denounced Congress, and finally again issued an order removing Mr.

Stanton and appointing Adjutant-General Thomas Secretary of War.

Senator Sumner at once telegraphed to Mr. Stanton, "Stick," and

many believed that a scene of violence would soon be witnessed at

the War Department.

What did occur, however, was simply ludicrous. General Thomas went

to Mr. Stanton's office, we are told by Adjutant-General Townsend,

and formally announced that he was Secretary of War, to which Mr.

Stanton replied, "You will attempt to act as Secretary of War at

your peril." General Thomas then went into General Shriver's room,

and Mr. Stanton soon followed him there. Resuming the colloquy,

Mr. Stanton said, in a laughing tone, to General Thomas: "So you

claim to be here as Secretary of War, and refuse to obey my orders,

do you?" General Thomas replied, seriously, "I do so claim. I

shall require the mails of the War Department to be delivered to

me, and shall transact all the business of the Department." Seeing

that the General looked as if he had had no rest the night before,

Mr. Stanton, playfully running his fingers up through the General's

hair, as he wearily leaned back in his chair, said: "Well, old

fellow, have you had any breakfast this morning?" "No," said

Thomas, good-naturedly. "Nor anything to drink?" "No." "Then

you are as badly off as I am, for I have had neither." Mr. Stanton

then sent out for some refreshments, and while the two were sharing

the refection they engaged in very pleasant conversation, in the

course of which, however, Mr. Stanton suddenly and with seeming

carelessness inquired when General Thomas was going to give him

the report of an inspection, which he had lately made, of the newly

completed national cemeteries. Mr. Stanton said if it was not soon

rendered it would be too late for the printers, and he was anxious

to have it go forth as a credible work of the Department. The

question had apparently no especial point, and General Thomas

evidently saw none, for he answered, pleasantly, that he would work

at the report that night and give it to the Secretary. "This struck

me," said General Townsend, "as a lawyer's _ruse_ to make Thomas

acknowledge Stanton's authority as Secretary of War, and that Thomas

was caught by it. I some time after asked Mr. Stanton if that was

his design. He made no reply, but looked at me with a mock expression

of surprise at my conceiving such a thing."

The Senate at once declared that the President had exceeded his

authority, and the House of Representatives passed a resolution--

126 yeas to 47 nays--that he be impeached for high crimes and

misdemeanors. The House agreed to the articles of impeachment

March 3d, 1868, and the Senate received them two days later. They

specified his removal of Secretary Stanton, his publicly expressed

contempt for the Thirty-ninth Congress, and his hindrances to the

execution of its measures, as acts calling for his impeachment.

The trial began in the Senate, sitting as a high court of impeachment,

on March 23d. The managers of the trial on the part of the accusation

were Thaddeus Stevens, B. F. Butler, John H. Bingham, George S.

Boutwell, J. F. Wilson, T. Williams, and John A. Logan, all members

of the House; for the President, appeared Attorney-General Henry

Stanbery, Benjamin R. Curtis, Jeremiah S. Black, William M. Evarts,

and Thomas A. R. Nelson.

The formulated charges were eleven in number, but only three were

voted upon, two of these concerning that one item of Secretary

Stanton's attempted removal and the other concerning the President's

expressed contempt of Congress. The latter charge was based on

language used by Mr. Johnson in a public speech in which Congress

was characterized as a Congress of only part of the States, and

not a constitutional Congress, with intent, as was charged, of

denying that its legislation was obligatory upon him, or that it

had any power to propose amendments to the Constitution.

The trial from its very inception to a great extent assumed a party

character, the Republican party having strongly condemned the action

and utterances complained of, while the Democratic party approved

and defended them. On the final issue, however, seven of the

Republican Senators refused to vote for conviction, and an acquittal

followed. A question of importance on the trial was, whether the

President _pro tem._ of the Senate, who in the event of a conviction

would become President, had a right to vote; but he claimed and

exercised the right. Many members, however, handled the entire

subject very delicately, feeling that the precedents were not very

safe and sure.

Chief Justice Chase presided with great dignity, but the Senators

retained their comfortable arm-chairs, instead of being ranged on

a judicial bench, and were often engaged in letter-writing during

the arguments. The managers occupied seats at a table on one side

of the area before the table of the presiding officer, and the

accused's counsel had a table on the other side. Seats were provided

for the Representatives in the rear of the Senators.

The most noticeable argument on either side was that of Mr. Evarts,

one of the counsel retained by the President's friends, who raised

a large sum of money by subscription to secure his acquittal. Mr.

Evarts was then fifty years of age, and his three days' speech was

an oration rather than an argument. Tall, slender, with a high,

round head, expressive eyes, and long, slender arms, he spoke

without any emotion, continually indulging in fearfully long

sentences.

Even his review of Mr. Manager Boutwell's astronomical proposition

of a "hole in the sky," though it provoked shouts of laughter, was

overdone. The subject was so good that he kept piling sentence

upon sentence on it, and his phrase, "the honorable and astronomical

manager," never failed to excite merriment. Boutwell bore it well,

though disturbed. Like other men of logical habit of mind, when

proposing to ornament his production with something imaginative,

he struck upon the extravagant, and, feeling that he was doing a

fantastic thing, gave rein to fancy.

An amusing feature of Mr. Evarts' argument was his illustration of

"the proprieties of speech, as shown by the official report of the

debates." He read from the _Congressional Globe_ that Senator

Sumner had called Andrew Johnson an "enemy of his country," and

had been called to order. Senator Anthony, in the chair, said that

it was usual and proper to call the President an enemy of his

country, and Senator Sherman scouted the idea that Senator Sumner

was out of order, saying that he had heard such language in the

Senate fifty times. Senators were a good deal amused at this

exhibition of their record. Then Mr. Evarts turned to the record

of the House as to the propriety of speech, and there was a general

stir and smile, as if to say, "Here's richness." The celebrated

passage between Bingham and Butler, about murdering Mrs. Surratt,

and Fort Fisher, and the bottle and spoons, was recited, and there

was almost universal merriment. Bingham smiled and squirmed,

looking, when his remarks about Butler were given, both puzzled

and pleased. Butler had fixed himself in an easy position, his

right elbow upon the manager's table, and his head leaning upon

his hand, and he was as still as a wooden image until Evarts was

through with the matter of decorum. Members of the House who were

present, seemed greatly edified, and Garfield and Colfax talked it

over, laughing heartily.

At last came the verdict. The votes on the two articles were taken

May 16th and 26th, standing, in each case, thirty-five guilty and

nineteen not guilty, which acquitted the President, as a two-thirds

vote is required to convict. Mr. Stanton at once resigned, and

General Schofield was made Secretary of War. The fact that had

Mr. Johnson been found guilty Mr. Wade would have been President

of the United States doubtless had great weight with several Senators

who voted "not guilty."

Within thirty minutes after the first vote was taken, which resulted

in acquittal, a Congressional Committee of Inquiry was instituted

by Republicans in regard to the conduct of the disagreeing members

of the Senate. Witnesses were summoned, and volumes of testimony

were taken and ingeniously exhausted in the vain endeavor to fix

a stain upon a single Senator, but the Committee had to give up

the matter in disgust, being quite unable to accomplish the ends

they so zealously pursued.

The remainder of Mr. Johnson's Presidential career was not especially

noteworthy. On the 25th of December, 1868, he issued a full pardon

to everybody who had taken part in the Rebellion.

[Facsimile]

J. S. Black

JEREMIAH SULLIVAN BLACK, born in The Glades, Somerset County, Pa.,

June 10th, 1810; studied law and was admitted to the bar in 1831;

in 1851 was chosen Judge of the Supreme Court of the State, and

became its Chief Justice; was Attorney-General under President

Buchanan, 1857-1861; resumed private practice at law; defended

President Johnson in the Impeachment trial; died near York, Pa.,

August 19th, 1883.

Perley's reminiscences of sixty years in the national metropolis, v. 1-2 · 第 20 / 47 章