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History of the Impeachment of Andrew Johnson [102]

By Root 3052 0
emphasis that characterized all his utterances on the floor of the Senate.

Mr. Ross, of Kansas, was the fifth Republican Senator to vote "Not Guilty." Representing an intensely Radical constituency--entering the Senate but a few months after the close of a three years enlistment in the Union Army and not unnaturally imbued with the extreme partisan views and prejudices against Mr. Johnson then prevailing--his predilections were sharply against the President, and his vote was counted upon accordingly. But he had sworn to judge the defendant not by his political or personal prejudices, but by the facts elicited in the investigation. In his judgment those facts did not sustain the charge.

Mr. Trumbull, of Illinois, was the sixth Republican Senator to vote against the Impeachment. He had been many years in the Senate. In all ways a safe legislator and counsellor, he had attained a position of conspicuous usefulness. But he did not belong to the legislative autocracy which then assumed to rule the two Houses of Congress. To him the Impeachment was a question of proof of charges brought, and not of party politics or policies. He was one of the great lawyers of the body, and believed that law was the essence of justice and not an engine of wrong, or an instrumentality for the satisfaction of partisan vengeance. He had no especial friendship for Mr. Johnson, but to him the differences between the President and Congress did not comprise an impeachable offense. A profound lawyer and clear headed politician and statesman,, his known opposition naturally tended to strengthen his colleagues in that behalf.

Mr. Van Winkle, of West Virginia, was the seventh and last Republican Senator to vote against the Impeachment. Methodical and deliberate, he was not hasty in reaching the conclusion he did, but after giving the subject and the testimony most careful and thorough investigation, he was forced to the conclusion that the accusation brought by the House of Representatives had not been sustained, and had the courage of an American Senator to vote according to his conclusions.

The responses were as follows:

Guilty--Anthony, Cameron, Cattell, Cole, Chandler, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morton, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Pomeroy, Ramsay, Sherman, Sprague, Stewart, Sumner, Tipton, Thayer, Wade, Williams, Wilson, Willey, Yates.

Not Guilty--Bayard, Buckalew, Davis, Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury, Trumbull, Van Winkle, Vickers.

Not Guilty--19. Guilty--35--one vote less than a Constitutional majority.



CHAPTER XI. THE IMPEACHERS IN A MAZE. A RECESS ORDERED.

THE FINAL VOTE TAKEN.

The defeat of the Eleventh Article was the second official set-back to the Impeachment movement--the first being the practical abandonment of the First Article by the change in the order of voting.

The vote had been taken on what its friends seemed to consider its strongest proposition; the Eleventh Article having been so framed as to group the substance, practically, of all the pending ten Articles. The impeachers had staked their cause upon that Article, and lost. They seemed not to have contemplated the possibility of its defeat. So confident were they of its success, in which event it would be immaterial what became of the other Articles, that they apparently had agreed upon no order of procedure after that should have been defeated. They were in the condition of a flock of game into which the sportsman had fired a shot and broken its ranks. They were dazed, and for a moment seemed not to know what next to do, or which way to turn. They did not dare now go back to the fated First Article, according to the program agreed upon, as Mr. Sherman and Mr. Howe had demonstrated its weakness, and they were fearful of going to the Second or Third, as in the then temper of the anti-impeachers it was manifest there would be
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