The Sequel of Appomattox [49]
in favor of impeachment. Excited by the most sensational rumors, some people even believed a new rebellion to be imminent.
The impeachment was rushed to trial by the House managers and was not ended until the decision was taken by the votes of the 16th and 26th of May. The eleven articles of impeachment consisted of summaries of all that had been charged against Johnson, except the charge that he had been an accomplice in the murder of Lincoln. The only one which had any real basis was the first, which asserted that he had violated the Tenure of Office Act in trying to remove Stanton. The other articles were merely expansions of the first or were based upon Johnson's opposition to reconstruction or upon his speeches in criticism of Congress. Nothing could be said about his control of the patronage, though this was one of the unwritten charges. J. W. Schuckers, in his life of Chase, says that the radical leaders "felt the vast importance of the presidential patronage; many of them felt, too, that, according to the maxim that to the victors belong the spoils, the Republican party was rightfully entitled to the Federal patronage, and they determined to get possession of it. There was but one method and that was by impeachment and removal of the President."
The leading House managers were Stevens, Butler, Bingham, and Boutwell, all better known as politicians than as lawyers. The President was represented by an abler legal array: Curtis, Evarts, Stanbery, Nelson, and Groesbeck. Jeremiah Black was at first one of the counsel for the President but withdrew under conditions not entirely creditable to himself.
The trial was a one-sided affair. The President's counsel were refused more than six days for the preparation of the case. Chief Justice Chase, who presided over the trial, insisted upon regarding the Senate as a judicial and not a political body, and he accordingly ruled that only legal evidence should be admitted; but the Senate majority preferred to assume that they were settling a political question. Much evidence favorable to the President was excluded, but everything else was admitted. As the trial went on, the country began to understand that the impeachment was a mistake. Few people wanted to see Senator Wade made President. The partisan attitude of the Senate majority and the weakness of the case against Johnson had much to do in moderating public opinion, and the timely nomination of General Schofield as Secretary of War after Stanton's resignation reassured those who feared that the army might be placed under some extreme Democrat.
As the time drew near for the decision, every possible pressure was brought by the radicals to induce senators to vote for conviction. To convict the President, thirty-six votes were necessary. There were only twelve Democrats in the Senate, but all were known to be in favor of acquittal. When the test came on the 16th of May, seven Republicans voted with the Democrats for acquittal on the eleventh article. Another vote on the 26th of May, on the first and second articles, showed that conviction was not possible. The radical legislative reaction was thus checked at its highest point and the presidency as a part of the American governmental system was no longer in danger. The seven Republicans had, however, signed their own political death warrants; they were never forgiven by the party leaders.
The presidential campaign was beginning to take shape even before the impeachment trial began. Both the Democrats and the reorganized Republicans were turning with longing toward General Grant as a candidate. Though he had always been a Democrat, Nevertheless, when Johnson actually called him a liar and a promise breaker, Grant went over to the radicals and was nominated for President on May 20, 1868, by the National Union Republican party. Schuyler Colfax was the candidate for Vice President. The Democrats, who could have won with Grant and who under good leadership still had a bare chance to win, nominated Horatio Seymour of New York and Francis P. Blair of Missouri. The former
The impeachment was rushed to trial by the House managers and was not ended until the decision was taken by the votes of the 16th and 26th of May. The eleven articles of impeachment consisted of summaries of all that had been charged against Johnson, except the charge that he had been an accomplice in the murder of Lincoln. The only one which had any real basis was the first, which asserted that he had violated the Tenure of Office Act in trying to remove Stanton. The other articles were merely expansions of the first or were based upon Johnson's opposition to reconstruction or upon his speeches in criticism of Congress. Nothing could be said about his control of the patronage, though this was one of the unwritten charges. J. W. Schuckers, in his life of Chase, says that the radical leaders "felt the vast importance of the presidential patronage; many of them felt, too, that, according to the maxim that to the victors belong the spoils, the Republican party was rightfully entitled to the Federal patronage, and they determined to get possession of it. There was but one method and that was by impeachment and removal of the President."
The leading House managers were Stevens, Butler, Bingham, and Boutwell, all better known as politicians than as lawyers. The President was represented by an abler legal array: Curtis, Evarts, Stanbery, Nelson, and Groesbeck. Jeremiah Black was at first one of the counsel for the President but withdrew under conditions not entirely creditable to himself.
The trial was a one-sided affair. The President's counsel were refused more than six days for the preparation of the case. Chief Justice Chase, who presided over the trial, insisted upon regarding the Senate as a judicial and not a political body, and he accordingly ruled that only legal evidence should be admitted; but the Senate majority preferred to assume that they were settling a political question. Much evidence favorable to the President was excluded, but everything else was admitted. As the trial went on, the country began to understand that the impeachment was a mistake. Few people wanted to see Senator Wade made President. The partisan attitude of the Senate majority and the weakness of the case against Johnson had much to do in moderating public opinion, and the timely nomination of General Schofield as Secretary of War after Stanton's resignation reassured those who feared that the army might be placed under some extreme Democrat.
As the time drew near for the decision, every possible pressure was brought by the radicals to induce senators to vote for conviction. To convict the President, thirty-six votes were necessary. There were only twelve Democrats in the Senate, but all were known to be in favor of acquittal. When the test came on the 16th of May, seven Republicans voted with the Democrats for acquittal on the eleventh article. Another vote on the 26th of May, on the first and second articles, showed that conviction was not possible. The radical legislative reaction was thus checked at its highest point and the presidency as a part of the American governmental system was no longer in danger. The seven Republicans had, however, signed their own political death warrants; they were never forgiven by the party leaders.
The presidential campaign was beginning to take shape even before the impeachment trial began. Both the Democrats and the reorganized Republicans were turning with longing toward General Grant as a candidate. Though he had always been a Democrat, Nevertheless, when Johnson actually called him a liar and a promise breaker, Grant went over to the radicals and was nominated for President on May 20, 1868, by the National Union Republican party. Schuyler Colfax was the candidate for Vice President. The Democrats, who could have won with Grant and who under good leadership still had a bare chance to win, nominated Horatio Seymour of New York and Francis P. Blair of Missouri. The former