At the impeachment of President Johnson, about the 22d of February, 1868, the excitement at Washington City was at fever heat. On the 21st of the month the president of the United States had ordered the removal from office of Edwin M. Stanton, Secretary of War, in direct and deliberate violation of the law, and on the same day a resolution for his impeachment was introduced in the house of representatives, while on the 22d the president had sent for General Emory to learn what change had been recently made among the troops about the city; and had informed the general that the law requiring him to receive the

President's military order through the general of the army was unconstitutional and in violation of Emory's commission. The impression obtained that the army was to be used to oust Stanton and defy congress during the time intervening between the above dates and the 30th of March following. An order for the president's impeachment had passed the house--the house had appeared at the bar of the senate and delivered articles of impeachment, and filed a replication to the answer made by the president's attorneys. Among the managers of the House were such distinguished members as Bingham of Ohio, Gov. Boutwell of Massachusetts, Generals Butler and Logan and Thad. Stevens of Pennsylvania.
   The president was defended by Ex-Attorney General Stanberry of Kentucky, Judge Curtis of Boston, Nelson of Tennessee, Evarts of New York and Groesbeck of Cincinnati. The array of talent could not be easily duplicated in the country. In the examination of witnesses Butler and Evarts took a leading part, and their intellectual struggles for the mastery and advantage in excluding and introducing testimony were highly exciting. General Butler's opening argument, prior to the introduction of testimony, occupied three hours and was a concise history of English and American impeachments, including laws and precedents, and constitutional provisions, together with an analysis of the articles before the court and with a statement of the forthcoming testimony.
   The senate organized as a court was presided over by Chief Justice Chase of the supreme court of the United States. In his opening speech Manager Butler said: "Now, for the first time in the history of the world, has a nation brought before the highest tribunal its chief executive magistrate for trial and possible deposition from office, upon charges of maladministration of the powers and duties of that office."
   The articles of impeachment were eleven in number. The first one charged the removal of Edwin M. Stanton, Secretary of War, in deliberate violation of law.
   The second and third set forth the illegal appointment of his successor, "ad interim," there being no vacancy.

Numbers 4, 5, 6 and 7, charged a conspiracy to "intimidate by threats" and "to seize the war department by force."
   Article 8 charged an intent to get control of the disbursements of the moneys of the war department; and the 9th that an attempt was made to influence General Emory, commander of the department at Washington, to receive military orders, otherwise than through the general of the army (Grant) as the law required. The 10th and 11th articles charged the president with "degrading his high office" by abusive speeches, denying the authority of congress and attempting to render null and void its legislation.
   In answer,--as to the removal of the secretary of war, the president admitted the fact, but averred that he believed the act protecting the secretary from removal, unless the senate consented, was unconstitutional, and he hoped to carry the case to the supreme court. He interposed a general denial to 3, 4, 5, 6, 7 and 8, involving threats, conspiracy, etc. As to article 9 he admitted that he tried to satisfy General Emory that the law and order in question were unconstitutional and not in accordance with the general's commission. As to the 10th and 11th articles, he denied that he had done or said anything "indecent or unbecoming," or that he bad been guilty of a "high misdemeanor" in office, having only exercised an allowable "freedom of opinion and speech."
   The law in question limited the terms of the cabinet officers to the terms of the presidents by whom they were appointed, and for one month thereafter, subject to removal, by and with the advice and consent of the senate. It further provided that for special cause during the recess of congress, such officer might be suspended and the case reported to congress within twenty days after its assembly, and if the senate refused its concurrence, the officer was returned to duty, "Every removal, appointment or employment" made in violation of the act, was made a criminal offense involving a fine not exceeding ten thousand dollars, or five years' imprisonment, or both, at the discretion of the court.
   It was argued by the counsel for the president that Mr. Stan-

ton was not the appointee of Andrew Johnson but of Mr. Lincoln, but Johnson had adopted the officers of Mr. Lincoln's cabinet, and when he resolved to get clear of Mr. Stanton, he treated him as his own appointment, by suspending him and reporting to congress within the legal twenty days, having placed General Grant temporarily in charge. As soon, however, as the senate refused to concur in the removal General Grant vacated and Mr. Stanton took possession again of the war department. Subsequently, the senate being in session, February 21, 1868, the president notified the secretary of war, "you are hereby removed," but as Mr. Stanton had been returned to duty by the action of the senate, he refused to vacate, unless the senate concurred in his removal, which would not be likely to occur.
   At the same time Adjutant General Thomas had been appointed secretary of war "ad interim," and demanded possession of the office and made threats of force; but an order to use the army to oust Stanton, would have to pass through General Grant's hands; and none was issued by the president, for he denounced Grant for having already shown his sympathy for Stanton and congress, by promptly retiring from the war department in favor of the secretary. General Thomas having threatened to kick Stanton out--to "break down the doors and call on Grant for troops," he was promptly arrested and put under bonds to keep the peace, and when he complained that the arrest was made before breakfast time, Mr. Stanton furnished the whiskey and they drank together.
   As General Grant was charged with the duty of supervising military reconstruction, he stated his own position to the president, in the following language: "I had fears the president would, on the removal of Mr. Stanton, appoint some one in his place who would embarrass the army in carrying out the reconstruction acts. It was to prevent such an appointment that I accepted the office of Secretary of war 'ad interim,' and not for the purpose of enabling you to get rid of Mr. Stanton, by my withholding it from him in opposition to law."

   In proof of article 10, charging an attempt to bring congress into "disgrace, ridicule, hatred and contempt," reference was made to a speech at the White House, on a distinguished occasion, as follows: "We have seen hanging on the verge of the government, as it were, a body called or which assumes to be the congress of the United States, while, in fact, it is a congress of only part of the states." The second specification charged the delivery of certain "intemperate, inflammatory and scandalous harangues" at Cleveland, 0., from which we extract the following: "But I tell you what I said. I called upon our congress that is trying to break up the government--[a voice, 'You lie,' and cheers]. Not so. [Hisses.] 'Don't get mad, Andy.' Who, is he? What language does he speak? What religion does he profess that he can come and place his finger upon one pledge I ever violated, or one principle I ever proved false to? [Voice, 'New Orleans.'] 'Why don't you hang Jeff Davis?' [Shouts and cries of 'Down with him.'] Hang Jeff Davis? [Voice, 'Hang Wendell Phillips.'] Why don't you hang him? ['Give us an opportunity.'] Haven't you got the court? Haven't you got the attorney general? Who is your Chief Justice who has refused to sit on his trial? [Groans and cheers.] I am not the Chief Justice; I am no jury. ['Don't get mad.'] I am not mad. [Hisses]."
   This bandying of epithets--this throwing of mud with an infuriated drunken mob, just after he had been received by the people in civic processions and with all the honors a great city could bestow, and while a magnificent banquet was being prepared, was certainly the most humiliating exhibition of a chief magistrate ever made before the American people. From its great length, it seemed an effort to overcome the rabble, and carry away the honors of billingsgate. Specification 3 set forth the speech at St. Louis, on a grand reception to himself and cabinet, and was a counterpart of the affair at Cleveland. The running fire continued from the second sentence to the end of the outdoor harangue. The interlarding exclamations were: "Bully for

you! Hurrah for Andy! Good" [groans and cheers]--"Stick to that! Kick them out! Go it, Andy!" To the charge of traitor he exclaimed: "Judas, Judas Iscariot, Judas! There was a Judas once, one of the twelve apostles. 0, yes, and these twelve apostles had a Christ, and he never could have had a Judas unless he had had twelve apostles. If I have played the Judas, who has been my Christ that I have played the Judas with? Was it Thad. Stevens? Was it Wendell Phillips? Was it Charles Sumner' [Hisses and cheers.] These are the men that set up and compare themselves with the Savior of men, and everybody that differs with them in opinion, and to try to stay and arrest their diabolical and nefarious policy is to be denounced as Judas. ['Hurrah for Andy' and cheers.]"
   On this occasion of speechmaking the president and cabinet had been attending the ceremonies on laying the corner-stone of a monument to Stephen A. Douglas in the state of Illinois.
   After able arguments, the vote of the senate was taken on the 11th, 2d and 3d articles, which showed thirty-five senators for impeachment and nineteen in the negative. But as the affirmative failed to register thirty-six, or two-thirds of all, the other eight articles were abandoned, and the result declared in the negative. The senators from Nebraska, believing the president had no right to assume the duty of the supreme court and declare a law unconstitutional, voted for impeachment.

   The occasion being one of such solemn import the distinguished attorneys but seldom indulged in pleasantry or sarcasm. But on one occasion when Mr. Stanberry put a question in a particular way General Butler said: "Sometimes this rule has been relaxed in favor of very young counsel [laughter], who did not know what a leading question was, not otherwise. I have seen very young men make mistakes by accident, and 1 have known the courts to let them up and say, 'We will not hold the rule, if you made an accident.'"
   To which Stanberry retorted: "The gentleman says I am an

old lawyer, long at the bar. I hope I never have disgraced that position. He intimates that I have resorted to the tactics of the Old Bailey court for the purpose of making factious opposition. I scorn any such imputation."
   The only fanciful passage of words took place between Manager Boutwell and Mr. Evarts in their final speeches. Mr. Boutwell said: "Travelers and astronomers inform us that in the southern heavens, near the southern cross, there is a vast space which the uneducated call the hole in the sky, where the eye of man with the aid of the powers of the telescope has been unable to discover nebulae, or asteroid, or comet, or planet, or star, or sun. In that dreary, cold region of space which is only known to be less than infinite by the evidence of creation elsewhere, the Great Author of celestial mechanism has left the chaos which was in the beginning. If this earth was capable of the sentiments and motions of justice and virtue, which in human mortal beings are the evidence and the pledge of our Divine origin and the immortal destiny, it would heave and throe with the energy of the elemental force of nature and project this enemy of two races of men into that vast region, there forever to exist in a solitude eternal as life, or as the absence of life, emblematical of, if not really, that "outer darkness' of which the Savior of man spoke in warning to those who are the enemies of themselves, of their race and of their God." To which Mr. Evarts made reply: "Truly this is a great undertaking, and if the learned manager can only get over the obstacles of the laws of nature the constitution will not stand in his way. Nobody knows where that space is but the learned manager himself, and he is the necessary deputy to execute the judgment of the court. [Laughter.] Let it then be provided that in case of your sentence of deposition and removal from office the honorable and astronomical manager shall take into his own hands the execution of the sentence. With the president made fast to his broad and strong shoulders, and, having already essayed the flight by imagination,--better prepared than anybody else to execute it in form,--taking the. advantage of ladders as far as ladders will go, to the top of this

great Capitol, and spurning then with his foot the crest of Liberty, let him set out upon his flight [laughter], while the two houses of congress and all the people of the United States shall shout 'Sic itur ad astra.'" [Laughter.]

   As Senator Tipton relied upon the 1st, 2d, and 3d articles of impeachment for the establishment of a misdemeanor, an extract only from that portion of the opinion need be produced. Such opinions, when produced, were filed and published by order of the senate.

   Inasmuch as Nebraska had been admitted as a state of the Union after complying with a "condition precedent" Mr. Tipton felt no hesitancy in demanding as much from each of the reconstructed states. But as soon as a compliance was obtained, he protested against any further probation, while some senators seemed to look after new sources of delay and party advantage. In the matter of the claim of Mr. Sawyer, of South Carolina, for admission to the senate he said:

   After the state of Virginia had adopted a constitution in strict compliance with the act of congress, and for that purpose, and an effort was made to send her back for new pledges, Mr. Tipton vindicated her in a speech, claiming that she had done all that was required of her; and specified the adoption of the 13th amendment, which abolished slavery; and the 14th, which established citizenship, and excluded from future representatives in Congress such as resigned to go into the rebellion and made payment of rebel debts or claims for slave property impossible, and declared the public debt of the United States should never be questioned. He gave her further credit that, "so far as Virginia is concerned, she has done her part in the adoption of the 15th amendment also," conceding impartial suffrage.

   February 11th, 1870, the contest was bitter in the case of Mississippi, but a single paragraph is enough to show how ardent an advocate she had from the new state of Nebraska.

   But the most persistent contest for party advantage arose in the case of Georgia, two years after her members were admitted to the house of representatives; but prior to the admission of her senator. An act of her legislature unseating twenty-five colored members, which her supreme court declared unconstitutional, had caused the senate to delay the admission of the Georgia senators. Just then the time was approaching for the re-election of State and legislative officers, but those in power, seeming to fear their ability to be re-elected, asked congress to declare the government of Georgia provisional, and to allow them to hold two years more without a re-election.
   Fortified with the constitution of the State, the laws and journals of her legislature, the messages of her governor, the history of her judiciary and of her financial department, Mr. Tipton entered into the discussion utterly regardless of the political bearing of the question.
   To the numerous arguments offered in behalf of new terms without an election, he said:

   Efforts were made to influence independent senators by the administration newspapers of the city, and by Georgia carpetbaggers, who claimed that the president desired their perpetuation in power. In the final disposition of the case, an independent republican and democratic vote sent Georgia home, to go to the polls, as provided by law, and obey her constitution.
   But it was not till the 30th of March, 1870, that Texas came back, as the last prodigal of the confederacy, and reconstruction was complete; while on the same day publication was made that the 15th amendment to the United States was adopted.
   The more enthusiastic citizen fancied this the dawn of the political millenium (sic), but the thoughtful one could discover a dark night and a rough sea. To bring back the national government to the theory and practice of peace measures, after years of war and military reconstruction, was to become a Herculean task.

   Senators were divided upon numerous questions (now vital), which during war could be ignored as only side issues. The advocates of centralization of power were reinforced by twenty new associates from the reconstructed states. Leaders who had heretofore conceded much to liberal republicans, could now defy them, while the small band of reformers found their co-workers in the democratic minority.
   Soon, also, an imperious majority found their new allies, the
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carpet-baggers of the south, through ignorance, mistakes and crimes, were disgracing themselves, and bringing reproach upon the party, and the president which had appointed them. Distinguished senators who had been standard-bearers in every hour of the war were commanding a halt, and a "right about face." Senator Trumbull, of Illinois, the Ajax of the judiciary committee, exclaimed: "Show me that it is necessary to exercise any power belonging to the government of the United States in order to maintain its authority and I am ready to put it forth. But, Sir, I am not willing to undertake to enter the states for the purpose of punishing individual offenses against their authority committed by one citizen against another."
   Senator Hamlin, who was elected vice president with Mr. Lincoln, seeing that congress had become the national incorporation mill, with which to grind our special acts of incorporation for the "favored few," raised a note of warning. Mr. Hamlin said: "It belongs to that class of legislation which for long, long years was excluded from the halls of congress; and the sooner we return to that rule and exclude every species of legislation from congress that appropriately belongs to the states, and may be fully exercised by the states, the better." They who were anxious to rid the party of the cormorants of corruption were admonished by the venerable Simon Cameron, who said: "It is not our business to expose our delinquents, for that belongs to our opponents."
   The war governor of Indiana, Mr. Morton, proclaimed his intention to legislate for the republican party. Charles Sumner, the greatest living American, in the opinion of foreign nations, was degraded in the senate for his opinions, excluded from the White House, and censured by the legislature of Massachusetts; but outlived the storm of passion, saw the resolution of censure expunged, and a message announcing it spread upon the journal of the senate, then gathering his official robes about him, retired to his chamber whence he was carried to his grave.

   Early in December, 1874, Senator Trumbull, of Illinois, introduced a resolution for examining into all the expenditures of the government, and the reducing of the number of office-holders and the examination of applicants for office, and the separation of the government patronage from the machinery of party. His resolution was the exact copy of one adopted some years before, which at that time was regarded necessary, efficient and innocent; but a committee had lately discovered such widespread extravagance and corruption, resulting in part from war demoralization, that unscrupulous politicians protested against a full and searching examination. The senators who were urging this investigation had not yet declared themselves independent of the republican party; but it was becoming evident that a breach could not long be avoided unless the tyranny of imperious leaders could be abated.
   The court organ, the Chronicle, claimed that "the purpose of the investigation was to cast dirt upon the administration", while the leaders near the throne exclaimed, "Behold the enemies of the republican party!"
   The democrats of the senate sympathized with the investigation movement, but refrained from discussion, delighted with a republican controversy which might inure to the advantage of democracy.
   Despising double dealing or prevarication, Senator Tipton accepted the issue, drew the sword and threw away the scabbard. Mr. Tipton:

   At this date in the discussion Senator Wilson, of Massachusetts, admitted that millions of people were receiving the impression that there was a desire on the part of senators to cover up and shield the shortcomings of the administration. Other senators denied everything, among them the senator from Nevada, to whom Mr. Tipton replied:

   There being no democrats in office, every time a change in the republican senators took place, republicans had to be removed, even without cause, to supply places for new applicants. Of this policy Mr. Tipton said, when Mr. Hitchcock was elected, "And here I stand, saying to my colleague, go forward, enthrone your friends, bury mine out of sight; only permit me to close my ears and bandage my eyes so that I shall not bear the crack of the rifle that drops them to the dust, or see their bodies swing from the political gibbet. [Laughter.] If it was proper here to-day, I would make respectful mention of those gentlemen by name, in order that they might go upon the records, and if there is no political salvation for them otherwise,

save them in the Globe." [Laughter.] Of an amendment offered, which would take all the vitality out of the original resolution, Mr. Tipton said: "Mr. President, they bring us in their resolution, a political corpse, shrouded and coffined, hereafter to be animated with a very lamblike soul, which shall only receive its retrenchment authority when the honorable senator from New York (Mr. Conkling), standing by its temporary tomb in the majestic attitude of a Republican Deity, shall infuse life into it, and bid it go forth."
   As a justification for pressing an investigation the facts were announced that lately a defalcation had been discovered in the treasury of nearly half a million in the accounts of a single disbursing officer, and that a single witness pointed out to a committee fifty thousand dollars paid out for no service whatever, and that bribes were received, as a matter of custom, by custom-house officials; and that many persons were carried on the pay-rolls, as a matter of party favor, who never performed labor.

   The thought that five senators could seriously damage a great party, having a clear majority of more than fifty in this body, was so supremely ridiculous that it could not escape the speaker.

   At that time the five senators who were seeking a reform inside the party, were Sumner of Massachusetts, Trumbull of Illinois, Schurz of Missouri, Fenton of New York, and Tipton of Nebraska. And in one year from that date they were known as liberal republicans, advocating Horace Greeley for president against General Grant.
   The most offensive thing imaginable, to an honorable-minded man, was the threat of discipline from the White House, which was disposed of as follows:

   The terrible fear of exposure of profligacy and corruption, and the insane ravings against party purification, evoked the spirit of ridicule, as follows:

   Irony was also a very potent instrument in the senator's attack:

   Before the debate was closed, the result was clearly outlined, namely, that the resolution should be amended till perfectly harmless, as to criminals, and that no liberal republican should become its chairman. The debate was long, bitter and merciless, in which Edmunds, of Vermont, and Conkling, of New York, with Sherman of Ohio and Nye of Nevada, applied the brakes, while Trumbull, Schurz and Tipton manufactured steam.

   On the 9th day of February, 1872, Mr. Tipton addressed the senate on Sumner's amendment of the bill for the removal of legal and political disabilities, his theme being Legislative, Military and Official Usurpations. After giving a hearty assent

to the declaration of a senator from Connecticut that the obnoxious amendment tended to "consolidate all authority in this nation into one imperial government," he adopted the proposition of a senator of the state of Maine, that it was "without warrant in the constitution and undertook to. regulate the personal, social, religious and domiciliary rights of the people." He then proceeded:

   He claimed that by this most fallacious and pernicious course, in utter disregard of the reserved rights of the people of the states, the army had appeared at the polls, and assumed to direct state, municipal and national elections.

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