Part 13 (1/2)

But to return to the struggle between the President and Congress.

Trumbull, Sumner, Wade, and the leaders were bound in one way or another to get the necessary two-thirds. The vote was taken in the Senate: ”Shall the Civil Rights bill pa.s.s the veto of the President to the contrary notwithstanding?” It was well understood that the vote would be very close, and the result uncertain.

The excitement was intense. The galleries were crowded; members of the House were on the Senate floor. The result seemed to depend entirely upon the vote of Senator Morgan, of New York, and he seemed to be irresolute, uncertain in his own mind which way he would vote. The call of the roll proceeded. When his name was reached there was profound silence. He first voted nay, and then immediately changed to yea. A wonderful demonstration burst forth as it was then known that the bill would pa.s.s over the veto of the President, and that the Republican party in Congress at last had complete control. Senator Trumbull made a remarkable speech on that occasion, and I was never prouder of any living man.

So the struggle went on from day to day and year to year, growing all the time more intense. I have always been disposed to be conservative; I was then; and it was with profound regret that I saw the feeling between the President and Congress becoming more and more strained.

I disliked to follow the extreme radical element, and when the row was at its height, Judge Orth, a colleague in the House from Indiana, and I concluded to go and see the President and advise with him, in an attempt to smooth over the differences. I will never forget that interview. It was at night. He received us politely enough, and without mincing any words he gave us to understand that we were on a fool's errand and that he would not yield. We went away, and naturally joined the extreme radicals in the House, always voting with them afterwards.

The row continued in the Fortieth Congress. Bills were pa.s.sed, promptly vetoed, and the bills immediately pa.s.sed over the President's veto. Many of the bills were not only unwise legislation but were unconst.i.tutional as well. We pa.s.sed the Tenure of Office bill; we attempted to restrict the President's pardoning power; and as I look back over the history of the period, it seems to me that we did not have the slightest regard for the Const.i.tution. Some of President Johnson' veto messages were admirable. He had the advice and a.s.sistance of one of the ablest lawyers of his day, Jeremiah Black.

To make the feeling more intense, just about this time Johnson made his famous ”swing around the circle,” as it was termed. His speeches published in the opposition press were intemperate and extreme.

He denounced Congress. He threatened to ”kick people out of office,”

in violation of the Tenure of Office act. He was undignified in his actions and language, and many people thought he was intoxicated most of the time, although I do not believe this.

The radicals in both the House and Senate determined that he should be impeached and removed from office. They had the votes in the House easily, and they thought they could muster the necessary number in the Senate, as we had been pa.s.sing all sorts of legislation over the President's veto. When the subject was up, I was doubtful, and I really believe, strong Republican that I was, that had it not been for Judge Trumbull I would have voted against the impeachment articles. I advised with the Judge, for whom I had profound respect.

I visited him at his house. I explained to him my doubts, and I recall very clearly the expression he used in reply. He said: ”Johnson is an obstruction to the Government and should be removed.”

Judge Trumbull himself changed afterwards, much to the astonishment of every one, and denounced the impeachment proceeding as unworthy of a justice of the peace court.

It seems to me difficult to realize that it was as far back as March 2, 1868, that I addressed the House in favor of the impeachment articles. I think I made a pretty good speech on that occasion and supported my position very well. I took rather an extreme view in favor of the predominance of the legislative department of the Government, contending that the executive and judiciary departments of the Government, while they are finally responsible to the people, are directly accountable to the legislative department.

The first and princ.i.p.al article in the impeachment proposed by the House was the President's issuance of an order removing Edwin M.

Stanton as Secretary of War, he having been duly appointed and commissioned by and with the advice and consent of the Senate, and the Senate having been in session at the time of his removal.

I contended then, on the floor of the House, that such a removal was a violation of the Const.i.tution and could not be excused on any pretext whatever, in addition to being a direct violation of the Tenure of Office act.

I do not intend to go into the details of the various articles proposed by the House; suffice it to say that they were mainly based on the attempted removal of Mr. Stanton, and the appointment of Mr. Thomas as Secretary of War.

I was very serious in concluding my speech. My words were:

”Mr. Chairman: The administration of Mr. Johnson since he became President of the United States has been characterized by an utter disregard of the laws and Const.i.tution of the United States. And, sir, I am of the opinion that there should be another article adopted by this House, and sent to the Senate, upon which he should be tried, the substance of which should be that Andrew Johnson, President of the United States, is guilty of high crimes in office, in that he violated the Const.i.tution and laws of the United States, by using his influence, patronage and power of said office to hinder, delay and prevent a restoration of the States lately in rebellion against the Government, to their proper practical relations to the Union. Congress provided by law for the reconstruction of the rebel States. The President, from whatever motives it matters not, stands in his Executive Office, and by all his influence and power opposes restoration according to law. As an Executive Officer, he has no such right, and his opposition to the laws of Congress on the subject of reconstruction has cost this Nation thousands of loyal men who have been murdered in the South on account of their devotion to the Flag, and millions of money which is to be added to the enormous public debt to be cast upon the necks of the people.

Shall the Nation endure it longer? Shall we struggle on and on until the welcome day comes when his term shall expire? The people say 'No'; men struggling in business say 'No'; men longing for peace and harmony in the land say 'No'; the loyal men of the South, who have been abused and hunted by wicked rebels, say 'No'; and I trust that the answer of all these may be the answer of this House to-day, and the answer of the Senate of the United States within a reasonable time after these articles shall be sent to them.”

Needless for me to say, that as the subject continued feeling remained at a high pitch in the House. It was debated from day to day. Stevens was urging the impeachment with all the force at his command; some were doubtful and holding back, as I was; some changed --for instance, James G. Blaine, who was taunted by Stevens and sneered at for his change of front.

Under the law then existing the President of the Senate succeeded a Vice-President who became, by the death or removal of the President, President of the United States. The radicals in complete control --and I have no doubt that Stevens had a hand in it--elected the most radical of their number as President of the Senate--Ben Wade, of Ohio. Johnson removed, Wade would have been President, and the extreme radicals would have been in supreme control of the legislative and executive departments of the Government.

This condition is what made Mr. Blaine hesitate. He told me on one occasion: ”Johnson in the White House is bad enough, but we know what we have; Lord knows what we would get with old Ben Wade there. I do not know but I would rather trust Johnson than Wade.”

But in the end Blaine supported the impeachment articles, just as I did, and as Senator Allison and other somewhat conservative members did, all feeling at the same time not a little doubtful of our course.

Stevens, Logan, Boutwell, Williams, and Wilson were appointed managers on the part of the House, and solemnly and officially notified the Senate of the action of the House in impeaching the President of the United States. The Senate proceeded without long delay to resolve itself as a High Court of Impeachment, for the purpose of trying the President of the United States for high crimes and misdemeanors. The most eminent counsel of the Nation were engaged. Mr. Evarts was President Johnson's princ.i.p.al counsel.

He was ably a.s.sisted by lawyers of scarcely less renown.

The trial dragged along from day to day. Part of the time the Senate considered the matter in executive session. The corridors were crowded; and I remember with what astonishment we heard that Judge Trumbull had taken the floor denouncing the proceeding as unworthy of a justice of the peace court. The Illinois delegation held a meeting, and Logan, Farnsworth, and Washburne urged that we unite in a letter to Judge Trumbull, with a view to influencing his vote for conviction, or of inducing him to withhold his vote if he could not vote for conviction. A number of our delegation opposed it, and the letter was not sent.

I do not think that it would have made the slightest effect on Judge Trumbull had we sent it. All sorts of coercing methods were used to influence wavering Senators. Old Bob Schenck was the chairman of this movement, and he sent telegrams broadcast all over the United States to the effect that there was great danger to the peace of the country and the Republican cause if impeachment failed, and asking the recipients to send their Senators public opinion by resolutions and delegations. And responses came from all over the North, urging and demanding the impeachment of the President.

It is difficult now to realize the intense excitement of that period. General Grant was there, tacitly acknowledged as the next nominee of the Republican party for the Presidency. He took no active part, but it was pretty well understood, from the position of his friends such as Logan and Washburne, that the impeachment had his sympathy; and in the Senate Conkling was especially vindictive. Grimes, Fessenden, and Trumbull led the fight for acquittal. Many were noncommittal; but in the end the struggle turned on the one doubtful Senator, Edmund G. Ross of Kansas.