history of the impeachment of andrew johnson-第37章
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ers） were to be the advisers of the President； they were to be the immediate confidential assistants of the President； for whom he was to be responsible； but in whom he was expected to repose a great amount of trust and confidence； and therefore it was that this Act has connected the tenure…of…office of these Secretaries to which it applies with the President by whom they were appointed。 It says； in the description which the Act gives of the future tenure…of…office of Secretaries； that a controlling regard is to be had to the fact that the Secretary whose tenure is to be regulated was appointed by some particular President； and during the term of that President he shall continue to hold his office； but as for Secretaries who are in office； not appointed by the President； we have nothing to say； we leave them as they heretofore have been。 I submit to Senators that this is the natural； and； having regard to the character of these officers； the necessary conclusion； that the tenure…of…office of a Secretary here described is a tenure during the term of service of the President by whom he was appointed； that it was not the intention of Congress to compel a President of the United States to continue in office a Secretary not appointed by himself。 * * *
Shortly after this； occurred one of the most amusing and interesting incidents of the trial。 Mr。 Boutwell； who was altogether a matter…of…fact man； though at times indulging in the heroics； ventured； in the course of his argument； upon a flight of imagination in depicting the punishment that should be meted out to Mr。 Johnson for venturing to differ with Congress upon the constitutionality of an act of that body。 He 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； dark region of space； which is only known to be less 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 pledge of our divine origin and immortal destiny； it would heave and throb with the energy of the elemental forces of nature； and project this enemy （referring to President Johnson） 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 mankind spoke in warning to those who are enemies to themselves and of their race and of God。
Mr。 Evarts followed Mr。 Boutwell； and in the course of his argument referred to this paragraph in Mr。 Boutwell's speech in the following humorously sarcastic vein； during the delivery of which； the Senate was repeatedly convulsed with laughter。 Mr。 Evarts said：
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； science or human knowledge that will not come into play in his arguments。 Painfully sensitive of my ignorance； being devoted to a profession which 〃sharpens and does not enlarge the mind；〃 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 colleagues were paying attention to an unoccupied and unappropriated island on the surface of the seas； Mr。 Manager Boutwell； more ambitious； had discovered an untenated and unappropriated region in the skies； reserved； he would have us think； in the final councils of the Almighty as the place of punishment for deposed and convicted American Presidents。
At first； I thought that his mind had become so enlarged that it was not sharp enough to observe that the Constitution has limited the punishment； but on reflection I saw that he was as legal and logical as he was ambitious and astronomical； for the Constitution has said 〃remove from office；〃 and has put no limit to the distance of removal so that it may be without the shedding of 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。 Truly this is a great undertaking； and if the learned manager can only get over the obstacle 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 indefinitely 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 that space is but the learned manager himself； and he is the necessary deputy to execute the judgment of the court。 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 assayed 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 there with his foot the crest of Liberty； let him set out upon his flight while the two houses of Congress and all the people of the United States shall shout〃Sic itur ad astra！〃 But here a distressing doubt strikes me。 How will the manager get back。 He will have got far beyond the reach of gravitation to restore him； and so ambitious a wing as his should never stoop to a downward flight。 Indeed； as he passes through the constellations； the famous question of Carlyle （by which he derides 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 in their leash of sidereal fire？〃 will force itself on his notice。 What； indeed； will Bootes think of this new constellation？ Besides； reaching this space beyond the power of Congress ever to send for persons and papers； how shall he return； and how decide in the contest there become personal and perpetualthe struggle of strength between him and the President？ 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 hardest upon the other？〃
Gen。 Logan； one of the managers； appeared for the prosecution； upon the close of the examination of witnesses。 The following is a brief extract from his very long and labored argument； and relates to the Tenure…of…Office Act：
It is a new method of ascertaining the meaning of a law； plain upon its face； by resorting to legislative discussions； and giving in evidence opinions affected by the law。 As a matter of fact； it is well known the act was intended to prevent the very thing Mr。 Johnson attempted in the matter of Mr。 Stanton's removal。 I think this manner of defense will not avail before the Senate。 The law must govern in its natural and plain intendment； and will not be frittered away by extraneous interpretation。 The President in his veto message admits substantially this construction。
The proviso does not change the general provisions of the Act； except by giving a more definite limit to the tenure…of…office； but the last paragraph of the Act puts the whole question back into the hands of the Senate according to the general intention of the Act； and provides that even the Secretaries are subject to removal by
