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History of the Impeachment of Andrew Johnson [104]

By Root 4208 0
Congress: and 2nd, that the trial not being concluded, it had to a pointed degree the appearance of an attempt to intimidate Senators who had voted against conviction into changing their votes at the next ballot in fear of an inquisition for alleged corruption. In that sense it was an act of intimidation--a warning. It was an ill-disguised threat and a most unseemly proceeding--yet there was not one among the supporters of the Impeachment to condemn it, and few who failed openly to justify it. Partisan rancor and personal and political hostility to the President had reached a point that condoned this indelicacy of the House towards the Senate, and justified the public assault upon the dissenting Republican Senators, and the insult to the Senate itself.

The demand for adjournment and delay seemed to have been understood by the impeaching majority of the Senate, and was of course promptly granted and further voting postponed, and the Senate adjourned to May 26th.

The next ten day were days of unrest--of anxiety to all who were involved or in any way interested in the impeachment proceeding. While the result of the 16th gave hope and comfort to the opponents of impeachment, it caused little or no perceptible discouragement to its more radical friends. They were more active and persistent than ever. The footsteps of the anti-impeaching Republicans were dogged from the day's beginning to its end and far into the night, with entreaties, considerations and threats, in the hope of securing a reversal of the result of the 16th. The partisan press of the States represented by the anti-impeaching Republicans came daily filled with vigorous animadversions upon their action, and not a few threats of violence upon their return to their constituents. But it was in vain.

The Senate reassembled on the 26th of May to complete the vote on the articles of impeachment. After the usual preliminary proceedings, Mr. Williams moved to begin the voting on the Second Article, which was had with the same result as on the 11th--and then the Third, and still with the same result. It then became manifest that it was useless to go farther, as all the balance had been rendered certain of defeat, and by still more decisive votes--a considerable number of those so far voting for impeachment having committed themselves in the previous conference against all the balance. So, to save themselves from being forced to vote against impeachment on any of the articles, there was a unanimous vote of the impeachers to abandon the case and adjourn--and with it went glimmering the visions of office, and spoils, and the riotous assaults on the public treasury that had for months been organizing for the day when Mr. Johnson should be put out and Mr. Wade put in, with the political board clear for a NEW DEAL.

An analysis of the Eleventh, Article shows. that it comprised four distinct counts, or accusations.

First--That Mr. Johnson had said that the Thirty-Ninth Congress was not a Congress of the United States, but a Congress of only part of the States, and therefore had no power to propose amendments the Constitution.

The latter clause of this accusation was the only portion of the first count that received any consideration during the trial, and the only testimony brought in its support was the Parsons-Johnson telegraphic correspondence set out in Interrogatory No. 5.

In that dispatch, referring to then pending Constitutional amendment (the 14th) Mr. Johnson referred to Congress as "a set of individuals." Mr. Manager Boutwell declared this expression to be "the gist of the offense of this particular telegraphic dispatch."

Counsel for defense objected to this testimony, but it was received by a vote of yeas twenty-seven, nays seventeen.

As the Fourteenth Amendment was not declared adopted or a part of the Constitution for more than a year after the transmission of that dispatch, and as the Constitution of the United States prohibits any abridgment of the freedom of speech, and as this remark was unaccompanied by any act in violation of law, it
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