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have granted the accused a fair trial," though it deliberately refused to hear the evidence which established a complete defense.

The case was argued thus: Mr. Butler for the managers, Mr. Curtis for the President, then Manager Logan, Manager Boutwell, Mr. Nelson for the President, Mr. Groesbeck for the President, Manager Stevens, Manager Williams, Mr. Evarts for the President, Mr. Stanbery for the President, Manager Bingham. Twenty-nine Senators filed written opinions.

On the part of the managers, every species of invective was used and every conceivable appeal to the passions of angry judges was made, with threats of vengeance against any recreant Republican who should dare to vote for acquittal. The President's counsel had all they could do to avoid a general conflagration as they attempted to allay the fires of political hatred. On the whole, they kept their temper admirably, and conducted their case with calmness and wise moderation.

The President could not have been better guided in the selection of counsel, and it would be a pleasure to array against the able but intemperate speeches of the prosecution the calm and dispassionate replies for the defense. But time is wanting.

It is difficult to choose between the speeches of counsel for the President. It does not appear in all the twenty-nine opinions filed by Senators what particular matters of law were decisive, some arguing for one view and some for another; some acquitting on one or more articles and convicting on others.

Without attempting any comparison between the speeches, it is no injustice to any to say that we take especial pleasure in that delivered by Mr. Evarts. He is so well remembered by many now present and his departure so deplored that it is only a pleasant reminder to say that his forceful periods, which from their extreme length have been styled "sentences for life," make his argument worthy of notice.

The case, heavy as the record appears, was not without its humorous episodes. Manager Butler had evinced an intensity

of feeling which led him into unusual excesses of declamatory violence; in fact, he had roared so like a bull of Bashan that the very dome of the rotunda was dangerously near destruction--a style of oratory which is rapidly disappearing with the fast forming impression that courts and juries are not to be won by the exercise of the lungs alone.

Mr. Evarts, in remembrance of General Butler's powder boat at Fort Fisher, paid his respects to that gentleman's mode of warfare as follows:

"It has usually been supposed that upon actual trials involving serious consequences forensic discussion was the true method of dealing with the subject, and we lawyers appearing for the President being, as Manager Boutwell has been polite enough to say, 'attorneys whose practice of the law has sharpened, but not enlarged, their intellects,' have confined ourselves to that method of forensic discussion.

"But we have learned here that there is another method of forensic controversy, which may be called the method of 'concussion.' I understand the method of 'concussion' to be to make a violent, noisy and explosive demonstration in the vicinity of the object of attack, whereas the method of discussion is to penetrate the position and, if successful, to capture it.

"The Chinese method of warfare is the method of 'concussion,' and consists of a great braying of trumpets, sounding of gongs, shouts and shrieks in the neighborhood of the opposing force, which rolled away, and the air clear and calm again, the effect is to be watched for. But it has been reserved for us in our modern warfare, as illustrated during the rebellion, to present a more singular and notable instance of the method of warfare by 'concussion' than has ever been known before. A fort impregnable by the method of discussion-that is, penetrating and capturing it has been on the largest scale attempted by the method of 'concussion,' and some two hundred and fifty tons of gunpowder in a hulk moored near the stone walls of the fort has been made the means and occasion of this vast experiment. Unsatisfied with that trial and its results,

the honorable manager who opened this case (Mr. Butler) seems to have repeated the experiment in the vicinity of the Senate. (Laughter.)

"The air was filled with epithets, the dome shook with invective. Wretchedness and misery and suffering and blood, not included within the record, were made the means of this explosive mixture. And here we are surviving the 'concussion,' and after all reduced to the humble and homely method of discussion which belongs to 'attorneys whose intellects have been sharpened, but not enlarged, by the practice of the law."" (Laughter.)

Mr. Boutwell, in his argument, attempting to describe the punishment which he thought most appropriate for the President, had drawn the following vivid picture:

"Travellers 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 nebulæ, or asteroid, or comet, or planet, or star, or sun. In that dreary, cold, dark region of space, which is only known to be less than infinite by the evidences of creation elsewhere, the Great Author of celestial mechanism has left the chaos which was in the beginning. If this earth were capable of the sentiments and emotions of justice and virtue, which in human mortal beings are the evidences and the pledge of our divine origin and immortal destiny, it would heave and throe, with the energy of the elemental forces 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 Saviour 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 the following reply:

"I may as conveniently at this point of the argument as at any other pay some attention to the astronomical punishment which the learned and honorable manager (Mr. Boutwell) thinks should be applied to this novel case of impeachment of the President. Cicero, I think it is, who says that a lawyer should know everything, for sooner or later there is no fact in

history, in science, or of human knowledge, that will not come into play in his arguments. Painfully sensible of my ignorance, being devoted to a profession which 'sharpens and does not enlarge the mind' (laughter), I yet can admire without envy the superior knowledge evinced by the honorable manager. Indeed, upon my soul, I believe he is aware of an astronomical fact which many professors of the science are wholly ignorant of. But, nevertheless, while some of his honorable colleagues were paying attention to an unoccupied and unappropriated island on the surface of the seas, Mr. Manager Boutwell, more ambitious, had discovered an untenanted and unappropriated region of the skies, reserved, he would have us think, in the final councils of the Almighty, as the place of punishment for convicted and deposed American Presidents. (Laughter.)

"At first I thought that his mind had become so 'enlarged' that it was not 'sharp' enough to observe that the Constitution had limited the punishment; but, on reflection, I saw that he was as legal and logical as he was ambitious and astronomical (laughter), for the Constitution has said 'removal from office,' and has put no limit to the distance of removal (laughter), so that it may be, without shedding a drop of his blood, or taking a penny of his property, or confining his limbs, instant removal from office and transportation to the skies. (Laughter.)

"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. He can contrive no method but that of a convulsion of the earth that shall project the deposed President to this infinitely distant space; but a shock of nature of so vast an energy and for so great a result on him might unsettle even the footing of the firm members of Congress. We certainly need not resort to so perilous a method as that. How shall we accomplish it? Why, in the first place, nobody knows where the 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 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.)

"But here a distressing doubt strikes me: How will the manager get back? (Laughter.) He will have got far beyond the reach of gravitation to restore him, and so ambitious a wing as his could never stoop to a downward flight. Indeed, as he passes through the constellations, that famous question of Carlyle, by which he derided the littleness of human affairs upon the scale of the measure of the Heavens, 'What thinks Bootes as he drives his hunting dogs up the zenith of their leash of siderial fire?' will force itself on his notice. What, indeed, would Bootes think of this new constellation? (Laughter.)

"Besides, reaching this space, beyond the power of Congress even 'to send for persons and papers,' (laughter) how shall he return, and how decide in the contest, there become personal and perpetual, the struggle of strength between him and the President? (Laughter.) In this new revolution, thus established forever, who shall decide which is the sun and which is the moon? Who determine the only scientific test which reflects the hardest upon the other?" (Laughter.)

On the 7th of May the Senate was ready to vote, but on account of the sickness of Senator Grimes final action was postponed until the 16th.

An order was passed, by a vote which disclosed the strength of the opposing forces, to take the vote on the 11th Article first, and then on the others in their regular sequence.

The close of the case was as exciting as the finish of an International Yacht Race or the Suburban Handicap. Tally-papers in the hands of partisans on both sides had enabled the gamblers to place huge bets on the result, and when the roll was called, the entire Senate, with one exception, had been canvassed and the immense concourse in attendance knew that the verdict depended on that single vote.

The scene has been depicted for us in the eloquent words of Senator Ross, of Kansas, who himself was the object of so much

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