Слике страница
PDF
ePub

The question being taken by yeas and nays, resulted-yeas, 29; nays, 20; as follows:

YEAS-Messrs. Anthony, Buckalew, Conkling, Cragin, Davis. Doolittle, Edmunds, Ferry, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Morrill of Maine, Norton, Patterson of New Hampshire, Patterson of Tennessee, Ramsey, Saulsbury, Sherman, Sprague, Tipton, Trumbull, Van Winkle, Vickers, Willey, and Yates-29.

NAYS-Messrs. Cameron, Cattell, Chandler, Conness, Corbett, Dixon, Drake, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Vermont, Morton, Pomeroy, Ross, Stewart, Sumner, Thayer, and Williams-20.

NOT VOTING-Messrs. Bayard, Cole, Nye, Wade, and Wilson-5.

So the amendment to the amendment was agreed to.

The CHIEF JUSTICE. The question recurs on the amendment as amended. Mr. BUCKALEW. I move to amend further by adding at the end of the amendment the following words:

But the conclusion of the oral argument shall be by one manager, as provided in the twenty-first rule.

Mr. TRUMBULL. That would be so necessarily.

The amendment to the amendment was agreed to.

The CHIEF JUSTICE. The question recurs on the amendment of the senator from Missouri, Mr. Henderson,] as amended on the motion of the senator from Illinois, [Mr. Trumbull.]

Mr. CAMERON. I rise to inquire whether a substitute would be in order now. The CHIEF JUSTICE. An amendment to either proposition will be in order. Does the senator from Pennsylvania propose to offer an amendment?

Mr. CAMERON. Yes, sir, by way of substitute.

The CHIEF JUSTICE. It will be in order to move a substitute to strike out all after the word "that" in the amendment.

Mr. CAMERON. I send my amendment to the Chair.

The CHIEF CLERK. It is proposed to strike out all after the word "that" in the amendment as amended and to insert:

All the managers and all the counsel for the President be permitted to file written or printed arguments by 11 o'clock to-morrow.

Mr. EDMUNDS. Mr. President, I wish to inquire whether that is offered as a substitute for the original proposition or for the amendment.

The CHIEF JUSTICE. For the amendment.

Mr. EDMUNDS. Then I rise to a point of order, that it is not in order on account of our having voted that the amendment should stand as it is.

The CHIEF JUSTICE. The Chief Justice is of opinion that it is in order as an amendment. The question is on the amendment proposed by the senator from Pennsylvania, [Mr. Cameron,] to strike out all after the word "that" in the amendment as amended, and insert what has been read.

Mr. HowE. I move to lay the order and the amendment on the table.
The motion was not agreed to.

The CHIEF JUSTICE. The question recurs on the amendment proposed by the senator from Pennsylvania, [Mr Cameron.]

The amendment was rejected.

The CHIEF JUSTICE. The question recurs on the amendment of the senator from Missouri as amended on the motion of the senator from Illinois.

Mr. YATES. I move to strike out all after the word "that" and insert the following.

The CHIEF JUSTICE. The Secretary will read the amendment proposed by the senator from Illinois, [Mr. Yates.]

The chief clerk read the amendment, which was to strike out all after the word "that" and to insert:

Four of the managers and four of the counsel for the respondent be permitted to make printed or written or oral arguments, the managers to have the opening and closing. Mr. YATES called for the yeas and nays, and they were ordered.

[ocr errors]

Mr. JOHNSON. I move to amend by inserting at the close "subject to the limitation in the 21st rule," as to the closing of the case, because otherwise all the managers might close.

The CHIEF JUSTICE. The amendment is not in order, unless it is accepted by the senator from Illinois. The senator from Maryland proposes to add subject to the limitation in the 21st rule." Does the senator from Illinois accept the amendment?

Mr. YATES. Yes, sir.

Mr. ANTHONY. I ask unanimous consent to make an inquiry. Does not this order allow all four of the managers to reply after all four of the President's counsel have spoken ?

Mr. JOHNSON. Not as it is now amended.

The CHIEF JUSTICE. The Chief Justice thinks it does not. The Secretary will read the amendment as it now stands.

The CHIEF CLERK. It is proposed to amend the amendment by striking out all after the word "that" and inserting.

Four of the managers and four of the counsel for the respondent be permitted to make printed or written or oral arguments, the managers to have the opening and closing, subject to the limitation of the 21st rule.

Mr. GRIMES. I call for the reading of the 21st rule.

The CHIEF JUSTICE. The Secretary will read the 21st rule.

The chief clerk read as follows:

XXI. The case on each side shall be opened by one person. The final argument on the merits may be made by two persons on each side, (unless otherwise ordered by the Senate upon application for that purpose,) and the argument shall be opened and closed on the part of the House of Representatives.

The CHIEF JUSTICE. The question is on the amendment proposed by the senator from Illinois [Mr. Yates] to the amendment as amended proposed by the senator from Missouri, [Mr. Henderson.] Upon this question the yeas and nays have been ordered."

The question being taken by yeas and nays, resulted-yeas, 18; nays, 31; as follows:

YEAS-Messrs. Buckalew, Conkling, Corbett, Cragin, Davis, Doolittle, Fowler, Hendricks, Howard, McCreery, Morgan, Morton, Norton, Saulsbury, Sprague, Van Winkle, Vickers, and Yates-18.

NAYS-Messrs. Anthony, Bayard, Cameron, Cattell, Chandler, Dixon, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Grimes, Harlan, Henderson, Howe, Johnson, Morrill of Maine, Morrill of Vermont, Patterson of Tennessee, Pomeroy, Ramsey, Ross, Sherman, Stewart, Sumner, Thayer, Tipton, Trumbull, Willey, Williams, and Wilson-31.

NOT VOTING-Messrs. Cole, Conness, Nye, Patterson of New Hamphire, and Wade-5. So the amendment to the amendment was rejected.

The CHIEF JUSTICE. The question recurs on the amendment as amended. Mr. FRELINGHUYSEN. I should like to hear the original proposition, as moved, I believe, by the senator from California, read.

Mr. HENDRICKS. Mr. President, I move to postpone the further consideration of this subject until the close of the first argument on the part of the managers. I think that argument ought to proceed.

The motion was not agreed to; there being, on a division-ayes, 19; noes, 22. The CHIEF JUSTICE. The question recurs on the amendment of the senator from Missouri [Mr. Henderson] as amended on motion of the senator from Illinois [Mr. Trumbull] to the original proposition made by the senator from Maryland, [Mr. Vickers.] Both the original order and the proposed amendment will be read.

The CHIEF CLERK. The original order is as follows:

Ordered, That two of the managers on the part of the House be permitted to file their printed or written arguments on or before 11 o'clock to-morrow, and that after an oral opening by a manager and the reply of one of the President's counsel, another of the President's counsel shall have the privilege of filing a written or of making an oral address, to be

followed by the closing speech of one of the President's counsel and the final reply of a manager under the existing rule.

The amendment as amended proposes to strike out all after the word "Ordered,” and to insert:

That as many of the managers and of the counsel for the President as desire to do so be permitted to file arguments or to address the Senate orally, but the conclusion of the oral argument shall be by one manager, as provided in the 21st rule.

The CHIEF JUSTICE put the question on the amendment as amended, and declared himself at a loss to decide the result.

Mr. HOWARD called for the yeas and nays, and they were ordered; and being taken, resulted-yeas, 28; nays, 22; as follows:

YEAS-Messrs. Anthony, Conkling, Cragin, Davis, Dixon, Doolittle, Edmunds, Ferry, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Morrill of Maine, Morton, Norton, Patterson of Tennessee, Saulsbury, Sherman, Sprague, Tipton, Trumbull, Van Winkle, Vickers, Willey, and Yates-28.

NAYS-Messrs. Bayard, Buckalew, Cameron, Cattell, Chandler, Corbett, Drake, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Vermont, Patterson of New Hampshire, Pomeroy, Ramsey, Ross, Stewart, Sumner, Thayer, Williams, and Wilson-22. NOT VOTING-Messrs. Cole, Conness, Nye, and Wade-4.

So the amendment as amended was agreed to.

The CHIEF JUSTICE. The question recurs on the order as amended.
Mr. EDMUNDS. I ask for the yeas and nays on that question.

The yeas and nays were ordered; and being taken, resulted-yeas, 28; nays, 22; as follows:

YEAS-Messrs. Anthony, Cragin, Davis, Doolittle, Ferry, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Morgan, Morrill of Maine, Morton, Norton, Patterson of Tennessee, Ramsey, Saulsbury, Sherman, Sumner, Tipton, Trumbull, Van Winkle, Vickers, Willey, Wilson, and Yates-28.

NAYS.-Messrs. Bayard, Buckalew, Cameron, Cattell, Chandler, Conkling, Corbett, Dixon, Drake, Edmunds, Frelinghuysen, Harlan, Howard, Howe, Morrill of Vermont, Patterson of New Hampshire, Pomeroy, Ross, Sprague, Stewart, Thayer, and Williams-22. NOT VOTING.-Messrs. Cole, Conness, Nye, and Wade.-4.

So it was

Ordered, That as many of the managers as desire to do so be permitted to file arguments or to address the Senate orally; but the conclusion of the oral argument shall be by one manager, as provided in the twenty-first rule.

The CHIEF JUSTICE. Gentlemen managers on the part of the House of Representatives, you will please to proceed with the argument.

Hon. JOHN A. LOGAN, one of the managers of the impeachment on the part of the House of Representatives, thereupon, under the order just adopted by the Senate, filed the following argument:

Mr. President and Senators:

When one in public life is suddenly called to the discharge of a novel and important public duty, whose consequences will be great, and whose effects will be historical, he must betray an inordinate self-esteem, and an unpardonable lack of modesty, if he did not at the outset acknowledge his diffidence, and solicit forbearance.

And, sirs, more than any other man do I feel that it becomes me to invoke the charity and to ask the leniency of this honorable tribunal. For surely, never since the foundation of this government, has there been cast upon any of its servants a duty so high and important in its nature, so unusual and unexpected in its character, and so full of good or ill in its consequences, as the duty with which the managers on behalf of the people now find themselves charged, and one part of which I now reluctantly find myself called upon to perform. I shall be sustained throughout my effort by the consciousness that the cause I in part represent is too great to be weakened by my weakness, and by the sincere hope that, however feeble may be my efforts, and however apparent may be my

imperfections, I shall not be accused of a want of fairness, or found lacking in concession and candor.

I wish to assure you, senators-I wish most earnestly and sincerely to assure the learned and honorable counsel for the defence, that we speak not only for ourselves but for the great body of the people when we say that we regret this occasion, and we regret the necessity which has devolved this duty upon us. Heretofore, sirs, it has been the pride of every American to point to the chief magistrate of his nation. It has been his boast that to that great office have always been brought the most pre-eminent purity, the most undoubted integrity, and the most unquestioned loyalty which the country could produce. However fierce might be the strife of party; however clamorous might be the cry of politics; however desperate might be the struggles of leaders and of factions, it has always been felt that the President of the United States was an administrator of the law in all its force and example, and would be a promoter of the welfare of his country in all its perils and adversities. Such have been the hopes and such has been the reliance of the people at large; and in consequence, the chief executive chair has come to assume in the hearts of Americans a form so sacred and a name so spotless that nothing impure could attach to the one, and nothing dishonorable could taint the other. To do aught, or to say aught which will disturb this cherished feeling, will be to destroy one of the dearest impressions to which our people cling.

And yet, sirs, this is our duty to-day. We are here to show that President Johnson, the man whom this country once honored, is unfitted for his place. We are here to show that in his person he has violated the honor and sanctity of his office. We are here to show that he usurped the power of his position and the emoluments of his patronage. We are here to show that he has not only wilfully violated the law, but has maliciously commanded its infringement. We are here to show that he has deliberately done those things which he ought not to have done, and that he has criminally left undone those things which he ought to have done.

He has betrayed his countrymen, that he might perpetuate his power, and has sacrificed their interests, that he might swell his authority. He has made the good of the people subordinate to his ambition, and the harmony of the community second to his desires. He has stood in the way which would have led the dismembered States back to prosperity and peace, and has instigated them to the path which led to discord and to strife. He has obstructed acts which were intended to heal, and has counselled the course which was intended to separate. The differences which he might have reconciled by his voice, he has stimulated by his example. The questions which might have been amicably settled by his acquiescence, have been aggravated by his insolence; and in all those instances whereof in our articles we complain, he has made his prerogatives a burden to the commonwealth, instead of a blessing to his constituents.

And it is not alone that in his public course he has been shameless and guilty, but that his private conduct has been incendiary and malignant. It is not only that he has notoriously broken the law, but that he has criminally scoffed at the framers of the law. By public harangue and by political arts he has sought to cast odium upon Congress and to insure credit for himself; and thus, in a government where equal respect and dignity should be observed in reference to the power and authority conferred upon each of its several departments, he has attempted to subvert their just proportions and to arrogate to himself their respective jurisdictions. It is for these things, senators, that to-day he stands impeached; and it is because of these that the people have bid us proseThat we regret it, I have said; that they regret it, I repeat; and though it tears away the beautiful belief with which, like a drapery, they had invested

cute.

the altar, yet they feel that the time has come when they must expose and expel the sacriligious priest, in order to protect and preserve the purity of the temple Yes, senators, Andrew Johnson, President of the United States, now stands arraigned at this bar to answer to the high crimes and misdemeanors which an indignant and outraged people have at length alleged against him. This trial has given us many surprises, but no one fact has given us more surprise than the tone of complaint, which, by his counsel, he has assumed. Of what should he complain? Did he think that he could proceed in his unwarrantable course forever with impunity? Did he suppose that he, could break down every rule and safeguard in the land, and that none should say him nay? Did he believe that because the people were for a time stricken into silence by the audacity of his acts, they would suffer in sadness and continue to be dumb? Did he not know that they were jealous of their liberties and rights, and in the end would punish him who attempted to tamper with either; and now that they are visiting upon him the inevitable result of his misdeeds, is it of this that he complains? He should rather give them thanks that they have spared him so long, and be grateful that their magnanimity has preserved him to this hour. Is it of the articles alleged against him that he complains? Sirs, the people have selected the latest but not the greatest instance of his dereliction. They hesitated, in the first instance, to think that the actions which they knew were insidious were intended to be revolutionary. They preferred to attribute to the frailty of his mind what they should have ascribed to the duplicity of his heart; and when, day after day, the evidences of his falsehood became stronger and stronger; when month after month the baseness of his purpose became more and more palpable, and when session after session the proof of his desertion became more and more convincing, still they hesitated, until further hesitation as to him would have been certain destruction to them, and they presented through us, not his most flagrant offences, but only his last offendings. Should he complain that they denounce. for the lesser, when he is equally guilty of the greater crimes? Is it of this tribunal that he complains? You, Mr. President, preside, and most worthily preside, over the Supreme Court, which is the court of last resort in all this land. To you and your associates is left the final arbitrament of the most grave and important controversies which concern our people. By your education and habit you are fitted to pass upon serious issues. You are raised by your jurisdiction above the ordinary passions and prejudices of the lesser courts; and this of itself is a guaranty of your impartiality in a forum like this. And you, senators, by the theory and structure of our government are constituted its most select and responsible legislators. By the arrangement and disposition of the functions of our federal powers, you occupy a sphere the exact parallel to which is found in no other government of the world. You are of the President; and yet so far separated from him that you are beyond his flatteries and above his threats. You are of the people; and yet so far removed from them that you are not affected by their local excitements, you are not swayed by their passions nor influenced by their tumults. When the Constitution fixed the age of eligibility to the Senate, it was that your minds should be matured and that your judgments should be ripened; it was that you should have come to that period when reason is not obscured by passion, and wisdom is gathered of experience. To such an august body have the people committed their grievances; and of this he certainly should not complain. Does he complain of us? Sirs, it may be that he does; but yet I feel that he should not. What we have done, we have done promptly, but none the less reluctantly. We felt, as citizens, the irresistible conviction that this man was false to every citizen; and we felt, as managers, that we did not dare to jeopardize, by unseemly delay or fatal favors, the safety of a nation. We thought

[ocr errors]

'If it were done, when 'tis done, then 'twere well it were done quickly." There had been too much dallying with treason already. If but a few short

« ПретходнаНастави »