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pping all the first ten Articles and going down to the bottom of the list for the first vote; with the promise of then going back to the first Article and continuing to the end。 but; instead; skipping that for the second time; and starting in again on the Second and then the Third。
Of course; the natural effect of this battle…dore and shuttle… cock method of treating so grave a matter as an impeachment of the President of the United States; added to the effect of the manifest unfairness of the majority in their treatment of testimony offered in the President's defensewas to disgust some who doubtless entered upon the trial honestly inclined to vote for Andrew Johnson's impeachment; but wanted it done fairly and openly; without any suppression of pertinent testimony or juggling for a verdictand amusing to others; who viewed it as proof of weakness in the indictment; and of misgiving as to the result on the part of its supporters。
To still others it was more than that。 It was not only an indication of weakness; but of a determination to take every possible advantage; fair and unfair; to save votes for conviction。 The impeachers not unnaturally feared the effect of the defeat of the First Article by the nay votes of Messrs。 Sherman and Howe; and probably other Republicans; which was certain to follow the submission of that Article to a vote。 Its only allegation was the unlawful removal of Mr。 Stanton from the office of Secretary of War in violation of the Tenure…of…Office Act。 That alleged offense was repeated in varied but more or less specific forms; in every succeeding Article of the Impeachment except the Tenth; and constituted the sum and substancethe gravamenof the entire indictment。 It was the basis upon which the impeachment super…structure had been erected。 Without that Article there was not only no foundation; but no coherence in the recital of Mr。 Johnson's alleged offenses; and when that fell by its abandonment; the entire impeachment scheme fell with itas; if there were nothing in the First Article on which to hang an impeachment; there could be nothing in those that followed and were but an amplificationa mere exploitationof the First。
In substantiation of this view of the First Article; the declaration of Mr。 Boutwell to that effect is here inserted。 Mr。 Boutwell was chairman of the committee of the House appointed to prepare the Articles of Impeachment upon which Mr。 Johnson was tried。 On his report of these Articles to the House he said; after speaking particularly of the Tenth Article:
The other Articles are based upon facts which are of public knowledge; growing out of the attempt of the President to remove Secretary Stanton from the office of Secretary for the Department of War。
That is; that the basis of the entire accusation was the alleged violation of the Tenure…of…Office Act in the removal of Mr。 Stanton; as recited in the First Article。
So; after taking the vote on the Second and Third Articles and their defeat by the same vote as that on the Eleventh; it became manifest that further effort to the impeachment of the president on any of the remaining eight Articles would be useless; and Mr。 Williams moved that the Senate; sitting as a Court of Impeachment; adjourn sine die; which motion was carried by the following vote:
YeasAnthony; Cameron; Cattell; Chandler; Cole; Conkling Corbett; Cragin; Drake; Edmunds; Ferry; Frelinghuysen; Harlan; Howard; Morgan; Morrill of Maine; Morrill of Vermont; Morton; Nye; Patterson of New Hampshire; Pomeroy; Ramsay; Sherman; Sprague; Stewart; Sumner; Thayer; Tipton; Van Winkle; Wade。 Willey; Williams; Wilson; Yates34。
NaysBayard; Buckalew; Davis; Dixon; Doolittle; Fowler; Henderson; Hendricks; Johnson; McCreery; Norton; Patterson of Tennessee; Ross; Saulsbury; Trumbull; Vickers16。
Every Senator present who had voted for conviction voted to abandon the prosecution and end the trial; and every Senator present who had voted against conviction; voted to continue and go through the indictment。
Of course; it was useless to go farther with any hope of success; as; it will be seen by this record; all the remaining Articles were dead; beaten in caucus before the voting commenced; and by the professed friends and leaders of the movement。
Possibly it was the anticipation of this effect of the abandonment of the First Article; that was the 〃sickness〃 to which Mr。 Edmunds; at the outset of the voting; ten days before; ascribed the peculiar order of taking the vote。
It is not intended to aver that there was any privity or concert in this particular manipulationyet it is suggestive。 The Impeachment had been dragging since the 22nd of February; to May 26thmore than three months;and had been everywhere the engrossing topic of the time。 It was becoming tiresome…not only to the Senate; but to the general public。
Notwithstanding the City of Washington was still filled with people who had been waiting weary weeks and months for the deposition of Mr。 Johnson and the accession of Mr。 Wade to the Presidency; for the fulfillment of pledges of appointment based thereon; and who were still importunate for impeachment; the business element of the country at large was tiring of it and its depressing effect upon the commercial activities。 Even Senators and Congressmen were being moved to a sense of the obstructive and somewhat ridiculous phases the impeachment movement was beginning to take onand not a few of those who in its earlier stages had honestly favored the movement; inside as well as outside the membership of both Houses of Congress; had begun to realize the actual nature and purposes; as also the shallowness of the impeachment movement that from whatever motives it had originated; it had degenerated very much into a game of personal ambitionof vindictivenessand office getting and spoilsand practically nothing higher。
While some of its supporters who had manifestly entered upon the trial with a determination to convict; were still insistent for further prosecution had there been a shadow of ultimate success; there were others who had begun to realize; weeks before the end came; the awkwardness of the predicament in which they had allowed themselves and their party to be placed; and desired to abandon the enterprise。
The strain was becoming too greatthere was certain to be a recoil sooner or later。 The foundations of the Impeachment were shown to be too slender。 There was a future ahead that must be faced; but Senators must preserve their consistency。 They could not go before their pro…impeachment constituencies with a record indicating any degree of weakening in the impeachment crusade。 They had insisted for months that Mr。 Johnson must be removed; and it would be politically inexpedient to retract。
But they wanted somebody to 〃help them let go。〃
So the plan of 〃desultory〃 procedure herein outlined seems to have 〃happened〃whether by design or otherwise; is immaterialand that plan was made easy by the concerted abandonment of the head and front of the indictmentthe First Articlewhich was side…tracked and logically carried with it all that followed; as would manifestly have been the result if the voting had begun on that Article。
While; to degree; the turmoils and bitterness of that time have passed out of public mind; there are still many living who retain a keen remembrance of the struggle and the enmities it produced。 There were during the trial many thousands of men in the City of Washington awaiting the Impeachment and removal of the President for the fulfillment of pledges of official appointment based thereon; and their numbers increased as the trial progressed。
These anticipated beneficiaries were naturally not idle in efforts to the stimulation of zeal in the cause of Impeachment; and Senators were importuned at all seasonable and unseasonable hours in behalf of immediate and positive action。 The lively anxiety; even anxious haste; of these patriots for their earliest possible entry upon the service of the Government; was emphasized on every corner and at every place of gathering; day and night; and the lobbies of the Capitol were thronged by them during the sessions of the Senate。 No opportunity for a word with a Senator in behalf of the immediate deposition of the President; nor any appliance that seemed to promise a successful overture; was overlooked or forgotten。
When these seemed to fail of the desired effect; more direct and; it was hoped; more effective methods were resorted to。 The beleaguered Senator was reminded that the applicant represented the united sentiment of the people of the State from which he held his Senatorial seatthat they demanded Mr。 Johnson's conviction and removalthat that demand could not be safely denied; trifled with; or delayed; and that if money was wanted; to use the language of a notorious inquisitor of the House; Mr。 Butler; speaking of the possibility of securing a designated vote for Impeachment 〃tell the dd scoundrel that if he wants money; there is a bushel of it here to be had!〃 Mr。 Butler's message was delivered。
So desperate were the inquisitors; and so close the certainty of the vote; that even a project of kidnapping a Senator under the pretense of taking a trip to Baltimore for much needed r