Holt, where the Senate in its legislative capacity examined it, weighed it, decided upon it, heard the report of the President and received it as satisfactory. That is, for the purpose of this trial, before the same tribunal, res adjudicate, I think, and it will be so regarded.

What else did he do? He talked with an officer about the law. That is the Emory Article. He made intemperate speeches, though full of honest, patriotic sentiments; when reviled, he should not revile again; when smitten upon one cheek he should turn the other.

"But," the gentleman who spoke last on the part of the managers, "he tried to defeat pacification and restoration." I deny it in the sense in which he presented it--that is, as a criminal act. Here, too, he followed precedent and trod the path in which were the footsteps of Lincoln, and which was bright with the radiance of his divine utterance, "charity for all, malice toward none." He was eager for pacification. He thought that the war was ended. The drums were all silent--the a.r.s.enals were all shut; the roar of the canon had died away to the last reverberation; the armies were disbanded; not a single army confronted us in the field. Ah, he was too eager, too forgiving, too kind. The hand of conciliation was stretched out to him and he took it? It may be he should have put it away; but was it a crime to take it? Kindness, forgiveness a crime! Kindness a crime! Kindness is omnipotent for good, more powerful than gunpowder or canon. Kindness is statesmanship.

Kindness is the highest statesmanship of heaven itself. The thunders of Sinai do but terrify and distract; alone they accomplish little; it is the kindness of Calvary that subdues and pacifies.

What shall I say of this man? He is no theorist; he is no reformer; I have looked over his life. He has ever walked in beaten paths, and by the light of, the Const.i.tution. The mariner, tempest-tossed in mid-sea, does not more certainly turn to his star for guidance than does this man in trial and difficulty to the star of the Const.i.tution. He loves the Const.i.tution. It has been the study of his life. He is not learned and scholarly like many of you; he is not a man of many ideas or of much speculation but by a law of the mind he is only the truer to that he does know. He is a patriot, second to no one of you in the measure of his patriotism. He loves his country; he may be full of error; I will not canva.s.s now his views; but he loves his country; he has the courage to defend it, and I believe to die for it if need be. His courage and patriotism are not without ill.u.s.tration. My colleague (Mr. Nelson) referred the other day to the scenes which occurred in this Chamber when he alone of twenty-two Senators remained; even his State seceded, but he remained. That was a trial of his patriotism, of which many of you, by reason of your locality and of your life-long a.s.sociations, know nothing. How his voice rang out in this hall in the hour of alarm for the good cause, and in denunciation of the rebellion! But he did not remain here; it was a pleasant, honorable, safe, and easy position; but he was wanted for a more difficult and arduous and perilous service. He faltered not, but entered upon it. That was a trial of his courage and patriotism of which some of you who now sit in judgment on more than his life, know nothing. I have, often thought that those who, dwelt at the North, safely distant from the collisions and strifes of the war, knew little of its actual, trying dangers. We who lived on the border know more. Our horizon was always red with flame; and it sometimes burned so near us that we could feel its heat upon the outstretched hand. But he was wanted for a greater peril, and went into the very furnace of the war, and there served his country long and well. Who of you have done more? Not one. * * * It seems cruel, Senators, that he should be dragged here as a criminal, or that any one who served his country and bore himself well and bravely through that trying ordeal, should be condemned upon miserable technicalities.

If he has committed any gross crime, shocking alike and indiscriminately the entire public mind, then condemn him; but he has rendered services to the country that ent.i.tle him to kind and respectful consideration.

He has precedents for everything he has done, and what excellent precedents! The voices of the great dead come to us from the grave sanctioning his course. All our past history approves it. How can you single out this man, now in this condition of things, and brand him before the world, put your brand of infamy upon him because he made an ad interim appointment for a day, and possible may have made a mistake in attempting to remove Stanton? I can at a glance put my eye on Senators here who would not endure the position he occupied. You do not think it is right yourselves. You framed this civil tenure law to give each President his own Cabinet, and yet his whole crime is that he wants harmony and peace in his.

Senators, I will not go on. There is a great deal that is crowding on my tongue for utterance, but it is not from my head; it is rather from my heart; and it would be but a repet.i.tion of the vain things 1 have been saying the past half hour But I do hope you will not drive the President out and take possession of his office. I hope this, not merely as counsel for Andrew Johnson, for Andrew Johnson's administration is to me but as a moment, and himself as nothing in comparison with the possible consequences of such an act. No good can come of it, Senators, and how much will the heart of the nation be refreshed if at last the Senate of the United States can, in its judgment upon this case, maintain its ancient dignity and high character in the midst of storms, and pa.s.sion, and strife.

A somewhat startling incident, which for the moment threatened unpleasant results, occurred in the course of the trial. In his opening speech for the prosecution, Mr. Manager Boutwell used this language, speaking of the President:

The President is a man of strong will, of violent pa.s.sions, of unlimited ambition, with capacity to employ and use timid men, adhesive, subservient men, and corrupt men, as the instruments of his designs. It is the truth of history that he has injured every person with whom he has had confidential relations, and many have escaped ruin only by withdrawing from his society altogether. He has one rule of his life: he attempts to use every man of power, capacity, or influence within his reach. Succeeding in his attempts, they are in time, and usually in a short time, utterly ruined. If the considerate flee from him, if the brave and patriotic resist his schemes or expose his plans, he attacks them with all the energy and patronage of his office, and pursues them with all the violence of his personal hatred. He attacks to destroy all who will not become his instruments, and all who become his instruments are destroyed in the use. He spares no one. * * * Already this purpose of his life is ill.u.s.trated in the treatment of a gentleman who was of counsel for the respondent, but who has never appeared in his behalf.

The last paragraph of the above quotation manifestly referred to a disagreement between the President and Judge Black, which led to the retirement of that gentleman from the Management of the Defense of the President, a few days prior to the beginning of the trial.

To this criticism of the President, Judge Nelson, of Counsel for Defense, responded a few days later, with the following statement:

It is to me, Senators, a source of much embarra.s.sment how to speak in reply to the accusation which has thus been preferred against the President of the United States. * * *

In order that you may understand what I have to say about it I desire to refer the Senate to a brief statement which I have prepared on account of the delicacy of the subject; and, although I have not had time to write it out as I would have desired to do, it will be sufficient to enable you to comprehend the facts which I am about to state. You will understand, Senators, that I do not purport to give a full history of what I may call the Alta Vela case, as to which a report was made to the Senate by the Secretary of State upon your call. A mere outline of the case will be sufficient to explain what I have to say in reference to Judge Black:

Under the guano act of 1856, William T. Kendal on the one side, and Patterson and Marguiendo on the other, filed claims in the Secretary of State's office to the island which is claimed by the government of St.

Domingo.

On the 17th of June, 1867, the examiner of claims submitted a report adverse to the claim for damages against the Dominican government. On the 22d of July, 1867, Mr. Black addressed a letter to the President, (page 10) and another on the 7th of August, 1867. On page 13 it is said that Patterson and Marguiendo acquiesce in the decision. On page 13 it is shown that other parties are in averse possession. On page 15 it is a.s.serted that the contest is between citizens of the United States, and can be settled in the courts of the United States. The contest now seems to be between Patterson and Marguiendo and Thomas B. Webster & Co.

On the 14th of December, 1859, Judge Black, as Attorney General, rejected the claim of W. J. Kendall to an island in the Carribean Sea, called Cayo Verde, and Mr. Seward seems to regard the two cases as resting on the same principle in his report of 17th of January, 1867.

On the 22d of July, 1867, Judge Black addressed a letter to the President enclosing a brief. On the 7th of August, 1867, he addressed another communication to the President. On the 7th of February, 1868, an elaborate an able communication was sent to the President, signed by W.

J. Shaffer, attorney for Patterson and Marguiendo, and Black, Lamon &, Co., counsel, in which they criticised with severity the report of Mr.

Seward and asked the President to review his decision.

According to the best information I can obtain, I state that ON THE 9TH OF MARCH, 1868, General Benjamin F. Butler addressed a letter to J. W.

Shaffer, in which he stated that he was "clearly of the opinion that, under the claim of the United States its citizens have the exclusive right to take guano there," and that he had never been able to understand why the executive did not long since a.s.sert the rights of the government, and sustain the rightful claims of its citizens to the possession of the island IN THE MOST FORCIBLE MANNER consistent with the dignity and honor of the Nation.

The letter was concurred in and approved of by John A. Logan, J. A.

Garfield, W. H. Koontz, J. K. Moorhead and John A. Bingham, on the same day, 9th of March, 1868.

This letter expressing the opinion of Generals Butler, Logan and Garfield was placed in the hands of the President by Chauncey F. Black, who, on the 16th of March, 1868, addressed a letter to him in which he enclosed a copy of the same with the concurrence of Thaddeus Stevens, John A. Bingham, J. G. Blaine, J. K. Moorhead and William H. Koontz.

After the date of this letter, and while Judge Black was the counsel of the respondent in this cause, he had an interview with the President, in which he urged immediate action on his part and the sending an armed vessel to take possession of the island; and because the President refused to do so, Judge Black, on the 19th of March, 1868, declined to appear further as his counsel in this case.

Such are the facts in regard to the withdrawal of Judge Black, according to the best information I can obtain.

The island of Alta Vela, or the claim for damages, is said to amount in value to more than a million dollars, and it is quite likely that an extensive speculation is on foot. I have no reason to charge that any of the managers are engaged in it, and presume that the letters were signed, as such communications are often signed, by members of Congress, through the importunity of friends.

Judge Black no doubt thought it was his duty to other clients to press this claims but how did the President view it?

Senators, I ask you for a moment to put yourself in the place of the President of the United States, and as this is made a matter of railing accusation against him, to consider how the President of the United States felt it.

There are two or three facts to which I desire to call the attention of the Senate and the country in connection with these recommendations.

They are, first, that they were all gotten up after this impeachment proceeding was commenced against the President of the United States.

Another strong and powerful fact to be noticed in vindication of the President of the United States, in reference to this case which has been so strongly preferred against him, is that these recommendations were signed by four of the honorable, gentlemen to whom the House of Representatives have intrusted the duty of managing this great impeachment against him.

Of course exception was taken to this statement, and to the revisal inferences therefrom, and the authenticity of the signatures mentioned at first denied, and then an effort made to explain them away, but it is unsuccessful.

The incident left a fixed impression, at least in the minds of many of the Senators, that an effort had been made to coerce the President, in fear of successful impeachment, into the perpetration of a cowardly and disgraceful international act, not only by his then Chief of Counsel, but also by a number of his active prosecutors on the part of the House.

It would be difficult to fittingly characterize this scandalous effort to pervert a great State trial into an instrumentality for the successful exploitation of a commercial venture which was by no means free from the elements of international robbery.

Yet to Mr. Johnson's lasting credit, he proved that he possessed the honesty and courage to dare his enemies to do their worst--he would not smirch his own name and disgrace his country and his great office, by using its power for the-promotion of an enterprise not far removed from a scheme of personal plunder, let it cost him what it might. It was a heroic act, and bravely, unselfishly, modestly performed.

CHAPTER IX. -- EXAMINATION OF WITNESSES AND THEIR TESTIMONY.

The initial proceedings to the taking of testimony, while to a degree foreshadowing a partisan division in the trial, also demonstrated the presence of a Republican minority which could not at all times, be depended upon to register the decrees of the more radical portion of the body. The first development of this fact came in the defeat of a proposition to amend the rules in the interest of the prosecution, and again on the examination of Mr. Burleigh, a delegate from Dakota Territory in the House of Representatives and a witness brought by the prosecution on March 31st. Mr. Butler, examining the witness, asked the question:

Had you on the evening before seen General Thomas? * * * Had you a communication with him?

Answer. Yes sir.

Mr. Stanbery objected, and the Chief Justice ruled that the testimony was competent and would be heard "unless the Senate think otherwise."

To this ruling Mr. Drake objected and appealed from the decision of the Chair to the Senate. It appeared to be not to the ruling per se, that Mr. Drake objected, but to the right of the Chair to rule at all upon the admissibility of testimony. Mr. Drake representing the extremists of the dominant side of the Chamber. There seemed to be apprehension of the effect upon the Senate of the absolute judicial fairness of the rulings of the Chief Justice, and the great weight they would naturally have, coming from so just and eminent a jurist. After discussion, Mr. Wilson moved that the Senate retire for consultation.

The vote on this motion was a tie, being twenty-five for and twenty-five against retiring, whereupon the Chief Justice announced the fact of a tie and voted "yea;" and the Senate retired to its consultation room, where, after discussion and repeated suggestions of amendment to the rules, the following resolution was offered by Mr. Henderson:

Resolved, That rule 7 be amended by subst.i.tuting therefor the following:

The presiding officer of the Senate shall direct all necessary preparations in the Senate Chamber, and the presiding officer in the trial shall direct all the forms of proceeding while the Senate are sitting for the purpose of trying an impeachment, and all forms during the trial not otherwise provided for. And the presiding officer on the trial may rule all questions of of evidence and incidental questions, which ruling shall stand as the judgment of the Senate, unless some member of the Senate shall ask that a formal vote be taken thereon, in which case it shall be submitted to the Senate for decision; or he may, at his option, in the first instance, submit any such question to a vote of the members of the Senate.

Mr. Morrill, of Maine, moved to amend the proposed rule by striking out the words "which ruling shall stand as the judgment of the Senate,"

which was rejected without a division.

Mr. Sumner then moved to subst.i.tute the following:

That the chief justice of the United States, presiding in the Senate on the trial of the President of the United States, is not a member of the Senate, and has no authority under the Const.i.tution to vote on any question during the trial, and he can p.r.o.nounce decision only as the organ of the Senate, with its a.s.sent.

It is not insisted here that there was any sinister purpose in this proposition, yet the possibilities, in case of its adoption, were very grave. Like the wasp, the sting was in the tail--"he (the chief justice;) can p.r.o.nounce decision only as the organ of the Senate, WITH ITS a.s.sENT!" Had that rule been adopted, suppose the Senate, with, its vote of forty-two Republicans and twelve Democrats, upon failure of conviction by a two-thirds vote had refused or refrained on a party vote from giving "its a.s.sent" to a judgment of acquittal?

The vote upon this proposed amendment was as follows: