The United States Since the Civil War Part 1

The United States Since The Civil War.

by Charles Ramsdell Lingley.

PREFACE

To write an account of the history of the United States since the Civil War without bias, without misstatements of fact and without the omission of matters that ought to be included, would be to perform a miracle. I have felt no wonder-working near me. I can claim only to have attempted to overcome the natural limitations of having been brought up in a particular region and with a traditional political, economic and social philosophy. I have tried to present as many sides of every question as the limitations of s.p.a.ce permitted and to look sympathetically upon every section, every party and every individual, because the sympathetic critic seems to me most likely to discover the truth.

It used to be believed that history could not be written until at least half a century had elapsed after the events which were to be chronicled. It is of course true that only after the lapse of time can students gain access to ample doc.u.mentary material, rid themselves of partisan prejudice and attain the necessary perspective. Unhappily, however, the citizen who takes part in public affairs or who votes in a political campaign cannot wait for the labors of half a century. He must judge on the basis of whatever facts he can find near at hand.

Next to a balanced intelligence, the greatest need of the citizen in the performance of his political duties is a substantial knowledge of the recent past of public problems. It is impossible to give a sensible opinion upon the transportation problem, the relation between government and industry, international relations, current politics, the leaders in public affairs, and other peculiarly American interests without some understanding of the United States since the Civil War. I have tried in a small way to make some of this information conveniently available without attempting to beguile myself or others into the belief that I have written with the accuracy that will characterize later work.

Some day somebody will delineate the _spiritual_ history of America since the Civil War--the compound of tradition, discontent, aspiration, idealism, materialism, selfishness, and hope that mark the floundering progress of these United States through the last half century. He will read widely, ponder deeply, and tune his spirit with care to the task which he undertakes. I have not attempted this phase of our history, yet I believe that no account is complete without it.

I have drawn heavily on others who have written in this field--Andrews, Beard, Paxson and Peck, and especially on the volumes written for the American Nation series by Professors Dunning, Sparks, Dewey, Latane and Ogg. Haworth's _United States in Our Own Time, 1865-1920_, was unfortunately printed too late to give me the benefit of the author's well-known scholars.h.i.+p. Many friends have generously a.s.sisted me. My colleagues, Professors F.A. Upd.y.k.e, C.A. Phillips, G.R. Wicker, H.D.

Dozier, and Malcolm Keir have read the ma.n.u.script of individual chapters. Professor E.E. Day of Harvard University gave me his counsel on several economic topics. Professor George H. Haynes of the Worcester Polytechnic Inst.i.tute, Professor B.B. Kendrick of Columbia University, Professor W.T. Root of the University of Wisconsin, and Professors L.B.

Richardson and F.M. Anderson of Dartmouth College have read the entire ma.n.u.script. Officials at the Dartmouth College Library, the Columbia University Library, and the Library of Congress gave me especial facilities for work. Two college generations of students at Dartmouth have suffered me to try out on them the arrangement of the chapters as well as the contents of the text. Harper and Bros. allowed me to use a map appearing in Ogg, _National Progress_, and D. Appleton and Co. have permitted the use of maps appearing in Johnson and Van Metre, _Principles of Railroad Transportation_; A.J. Nystrom and Co. and the McKinley Publis.h.i.+ng Co. have allowed me to draw new maps on outlines copyrighted by them. At all points I have had the counsel of my wife and of Professor Max Farrand of Yale University.

CHARLES R. LINGLEY.

Dartmouth College, June 14, 1920.

CHAPTER I

RECONSTRUCTION AND ITS AFTERMATH

Abraham Lincoln in the presidential chair was regarded by many of the politicians of his party as an "unutterable calamity"; and while the news of Lincoln's a.s.sa.s.sination was received with expressions of genuine grief, the accession of Vice-President Andrew Johnson was looked upon as a "G.o.dsend to the country." As the Civil War came to a close, Lincoln opposed severe punishments for the leaders of the Confederacy; he urged respect for the rights of the southern people; he desired to recognize the existence of a Union element in the South, to restore the states to their usual relations with as little ill-feeling as possible, and in the restoration process to interfere but little with the normal powers of the states. Johnson, on the contrary, "breathed fire and hemp."

"Treason," he a.s.serted over and again, "should be made odious, and traitors must be punished and impoverished. Their great plantations must be seized, and divided into small farms and sold to honest, industrious men." For a time it seemed that the curtain would go down on the tragedy of Civil War only to rise immediately on the execution of the Confederate leaders and the confiscation of their property. A large and active group of Was.h.i.+ngton politicians believed in the necessity of a stern accounting with the "rebels." Lincoln's gentleness seemed to these bitter northerners like a calamity; Johnson's vindictiveness like a G.o.dsend to the country. In the conflict between the policy of clemency and the policy of severity is to be found the beginning of the period of reconstruction.

Andrew Johnson was a compact, st.u.r.dy figure, his eyes black, his complexion swarthy. In politics he had always been a Democrat. So diverse were his characteristics that one is tempted to ascribe two personalities to him. He was a tenacious man, possessed of a rude intellectual force, a rough-and-ready stump speaker, intensely loyal, industrious, sincere, self-reliant. His courage was put to the test again and again, and n.o.body ever said that it failed. His loyalty held him in the Union in 1861, although he was a senator from Tennessee and his state as well as his southern colleagues were withdrawing. His public and private integrity withstood a hostile investigation that included the testimony of all strata of society, from cabinet officers to felons in prison. Later, at the most critical moment of his whole career, when he had hardly a friend on whom to lean, he was unflurried, dignified, undismayed.

Although Johnson was born in North Carolina, the greater part of his life was spent in eastern Tennessee. His education was of the slightest.

His wife taught him to write, and while he plied his tailor's trade she read books to him that appealed to his eager intellect. When scarcely of voting age he became mayor of the town in which he lived and by sheer force of character made his way up into the state legislature, the federal House of Representatives and the Senate. President Lincoln made him military governor of Tennessee in 1862. In 1864 many Democrats and most Republicans joined to form a Union party, and in order to emphasize its non-sectional and non-partisan character they nominated Andrew Johnson as Lincoln's running mate. And now this unschooled, poor-white, slave-holding, Jeffersonian, states-rights Democrat had become President of the United States.

It was scarcely to be expected that a man who had fought his way to the fore in eastern Tennessee during those controversial years would possess the characteristics of a diplomat. Even his friends found him uncommunicative, too often defiant and violent in controversy, irritating in manners, indiscreet, and lacking flexibility in the management of men. The messages which he wrote as President were dignified and judicious, and his addresses were not lacking in power, but he was p.r.o.ne to indulge in unseemly repartee with his hearers when speaking on the stump. He exchanged epithets with bystanders who were all too ready to spur him on with their "Give it to 'em, Andy!" and "Bully for you, Andy!" giving the presidency the "ill-savor of a corner grocery" and filling his supporters with amazement and chagrin. The North soon looked upon him as a vulgar boor and remembered that he had been intoxicated when inaugurated as Vice-President. Unhappily, too, he was distrustful by nature, giving his confidence reluctantly and with reserve, so that he was almost without friends or spokesmen in either house of Congress. His policies have commended themselves, on the whole, even after the scrutiny of half a century. The extent to which he was able to put them into effect is part of the history of reconstruction.

The close of the Civil War found the nation as well as the several sections of the country facing a variety of complicated and pressing social, economic and political problems. Vast armies had to be demobilized and re-absorbed into the economic life of the nation.

Production of the material of war had to give way to the production of machinery, the building of railroads and the tilling of the soil. The South faced economic demoralization. The federal government had to determine the basis on which the lately rebellious states should again become normal units in the nation, and the civil, social and economic status of the negro had to be readjusted in the light of the outcome of the war. Most of these problems, moreover, had to be solved through political agencies, such as party conventions and legislatures, with all the limitations of partisans.h.i.+p that these terms convey. And they had obviously to be solved through human beings possessed of all the prejudices and pa.s.sions that the war had aroused: through Andrew Johnson with his force and tactlessness; through able, domineering and vindictive Thaddeus Stevens; through narrow and idealistic Charles Sumner and demagogic Benjamin F. Butler; as well as through finer spirits like William Pitt Fessenden and Lyman Trumbull.

In their att.i.tude toward the South, the people of the North, as well as the politicians, fell into two groups. The smaller or radical party desired a stern reckoning with all "rebels" and the imprisonment and execution of the leaders.[1] They hoped, also, to effect an immediate extension to the negroes of the right to vote. It was this faction that welcomed the accession of Johnson to the Presidency. The other group was much the larger and was inclined toward gentler measures and toward leaving the question of suffrage largely for the future. Lincoln and his Secretary of State, Seward, were representative of this party. The att.i.tude of the South toward the North was more difficult to determine.

To be sure the rebellious states were beaten, and recognized the fact.

There was general admission that slavery was at an end. But careful observers differed as to whether the South accepted its defeat in good faith and would treat the blacks justly, or whether it was sullen, unrepentant and ready to adopt any measures short of actual slavery to repress the negro.

In theory, the union of the states was still intact. The South had attempted to secede and had failed. Practically, however, the southern states were out of connection with the remainder of the nation and some method must be found of reconstructing the broken federation. President Lincoln had already outlined a plan in his proclamation of December 8, 1863. Excluding the leaders of the Confederacy, he offered pardon to all others who had partic.i.p.ated in the rebellion, if they would take an oath of loyalty to the Union and agree to accept the laws and proclamations concerning slavery. As soon as the number of citizens thus pardoned in each state reached ten per cent. of the number of votes cast in that state at the election of 1860, they might establish a government which he would recognize. It was his expectation that a loyal body of reconstructed voters would collect around this nucleus, so that in no great while the entire South would be restored to normal relations. At the same time he called attention to the fact that under the Const.i.tution the admission into Congress of senators and representatives sent by these governments must rest exclusively with the houses of Congress themselves. In pursuance of his policy he had already appointed military governors in states where the federal army had secured a foothold, and they directed the re-establishment of civil government.

The radicals opposed the plan because it left much power, including the question of negro suffrage, in the hands of the states. A contest between Congress and the executive was clearly imminent when the a.s.sa.s.sin's bullet removed the patient and conciliatory Lincoln.

Lincoln's determination to leave control over their restoration as far as possible in the hands of the states was in line with Johnson's Democratic, states-rights theories. Moreover, the new executive retained his predecessor's cabinet, including Seward, whose influence was promptly thrown on the side of moderation. To the consternation of the radicals the President issued a proclamation announcing a reconstruction policy which substantially followed that of Lincoln. Like his predecessor he intended to confine the voting power to the whites, leaving to the states themselves the question whether the ballot should be extended to any of the blacks. Wherever Lincoln had not already acted, he appointed military governors who directed the establishment of state governments, the revival of the functions of county and munic.i.p.al officials, the repeal of the acts of secession, the repudiation of the war debts, and the election of new state legislatures, governors, senators and representatives. The Thirteenth Amendment to the Const.i.tution, abolis.h.i.+ng slavery, was ratified by the new legislatures and declared in effect December 18, 1865.

During the last half of the year, the President's policy met with wide approval among the people of the North, where both Republicans and Democrats expressed satisfaction with his conciliatory att.i.tude. The South was not unpleased, as was indicated by the speed with which men presented themselves for pardon and a.s.sisted in setting up new state governments. Nevertheless there were disquieting possibilities of dissension. Northern radicals could be counted upon to oppose so moderate a policy. There was a reaction, too, against the great power which the executive arm of the government had exercised in war time.

Congress felt that it had been thrust aside, its functions reduced and its prestige diminished. It could be looked to for an a.s.sertion of its desire to dominate reconstruction. Finally when ex-confederates began to be elected to office, many a northerner shook his head and wondered whether the South was attempting to get into the saddle once more.

When Congress convened in December, 1865, its members held a wide variety of opinions in regard to the best method of restoring the confederate states to the Union. On one point, however, there was some agreement--that Congress ought to withhold approval of executive reconstruction until it could decide upon a program of its own. Led by Thaddeus Stevens, the radical leader of the House, a joint congressional committee of fifteen was appointed to report whether any of the southern state governments were ent.i.tled to representation in Congress. For the present, all of them, even the President's own state, were to be denied representation. With Stevens as chairman of the House Committee on Reconstruction and Johnson in the President's chair, a battle was inevitable, in which quarter would be neither asked nor given.

Unhappily for themselves, the southern states played unwittingly into the hands of Stevens and his radical colleagues. The outcome of the war had placed upon the freedmen responsibilities which they could not be expected to carry. To many of them emanc.i.p.ation meant merely cessation from work. Vagabondage was common. Rumor was widespread that the government was going to give each negro forty acres of land and a mule, and the blacks loafed about, awaiting the division. The strict regulations which had surrounded the former slave were discarded and it was necessary to accustom him to a new regime. "The race was free, but without status, without leaders, without property, and without education." Fully alive to the dangers of giving unrestricted freedom to so large a body of ignorant negroes, the southern whites pa.s.sed the "black codes," which placed numerous limitations on the civil liberty of "persons of color." In some cases they were forbidden to carry arms, to act as witnesses in court except in cases involving their own race, and to serve on juries or in the militia. Vagrancy laws enabled the magistrates to set unemployed blacks at work under arrangements that amounted almost to peonage. It is now evident that the South was actuated by what it considered the necessities of its situation and not merely by a spirit of defiance. Yet the fear on the part of the North that slavery was being restored under a disguise was not unnatural. Radical northern newspapers and leading extremists in Congress exaggerated the importance of the codes until they seemed like a systematic attempt to evade the results of the war. As Republican leaders in Congress saw the satisfaction created in the South by the President's policy, and discovered that northern Democrats were rallying to his support, the jealousies of partisans.h.i.+p caused them still further to increase their grip on the processes of reconstruction. A disquieting by-product of the Thirteenth Amendment, abolis.h.i.+ng slavery, also began to appear. Hitherto only three-fifths of the negroes had been counted in apportioning representation in the House of Representatives. As soon as the slaves became free, however, they were counted as if they were whites, and thereby the strength of the South in Congress would be increased. It was hardly to be expected that the North would view such a development with satisfaction.

The first action of the leaders in Congress was the introduction of a bill to continue and extend the powers of the Freedmen's Bureau, a federal organization which supervised charitable relief given the negroes, protected them in making contracts for labor and a.s.sumed a sort of guardians.h.i.+p over the race in making its transition out of slavery.

The new measure was intended to continue this federal tutelage of the blacks. The President's veto of the bill, February 19, 1866, served to widen the breach between him and Congress and thereby postponed still further the admission of the representatives of the southern state governments. Three days later Johnson addressed a crowd which collected before the White House. In the course of his speech he lost control of himself to such an extent as to indulge in undignified remarks and personalities, and even to charge leaders in Congress with seeking to destroy the fundamental principles of American government. Thoughtful men everywhere were dismayed. In the meantime a Civil Rights bill was pending in Congress, the purpose of which was to declare negroes to be citizens of the United States and to give them rights equal to those accorded other citizens, notwithstanding local or state laws and codes.

The President objected to the bill as an unconst.i.tutional invasion of the rights of the states, but it was promptly pa.s.sed over the veto.

Scarcely any members of Congress now supported him except the Democrats.

The conservative or conciliatory Republicans were lost to him for good.

Throughout the North it was felt that protection must be accorded the freedmen against the black codes, and when the President opposed it he lost ground outside of Congress as well as in it. "From that time Johnson was beaten."

Stevens in the House and Sumner and others in the Senate were now in a position to press successfully a stern, congressional reconstruction policy to replace that of the executive. The first item in the radical program was the Fourteenth Amendment, which pa.s.sed Congress in June, 1866, although it did not become of force until 1868. It contained four sections: (1) making citizens of all persons born or naturalized in the United States and forbidding states to abridge their rights; (2) providing for the reduction of the representation in Congress of any state that denied the vote to any citizens except those guilty of crimes; (3) disabling confederate leaders from holding political office except with the permission of Congress; and (4) prohibiting the payment of confederate debts. The first section was, of course, designed to put the civil rights of the negro into the Const.i.tution where they would be safe from hostile legislation. The second sought to get negro suffrage into the South by indirection at a time when a positive suffrage amendment could not be pa.s.sed. The third was to take the pardoning power out of executive hands.

At this point there came a halt in the controversy until the country could be heard from in the congressional elections of 1866. Both sides made unusual efforts to organize political sentiment. Both attempted to demonstrate their thoroughly national character by holding conventions attended by southern as well as northern delegates. Each angled for the soldier vote by encouraging conferences of veterans. Late in July occurred an incident which the radicals were able to use to advantage.

A crowd of negroes attending a convention in New Orleans in behalf of suffrage for their race became engaged in a fight with white anti-suffragists and many of the blacks were killed. The riot was commonly referred to in the North as a "ma.s.sacre," the moral of which was that the negroes must be protected against the unrepentant rebels.

But it was Johnson himself who furnished greatest aid to his adversaries. Having been invited to speak in Chicago, he determined upon an electioneering trip, "swinging around the circle," he called it. Again he was guilty of gross indiscretions. He made personal allusions, held angry colloquies with the crowd and at one place met such opposition that he had to retire unheard. It mattered little that the greater part of his speeches were sound and substantial. His lapses were held up to public scorn and he returned to Was.h.i.+ngton amid the hoots of his enemies. It was commonly believed that he had been intoxicated. Probably no orator, _The Nation_ sarcastically remarked, ever accomplished so much by a fortnight's speaking. There could be little doubt as to the outcome of the elections. The Republicans carried almost every northern state and obtained a two-thirds majority in each house of Congress, with which to override vetoes.

As if impelled by some perverse fate the southern whites during the fall and winter of 1866-67 did the thing for which the bitterest enemy of the South might have wished. Except in Tennessee, the legislature of every confederate state refused with almost complete unanimity to ratify the Fourteenth Amendment. Natural as the act was, it gave the North apparently overwhelming proof that the former "rebels" were still defiant. Encouraged by the results of the election and aroused by the att.i.tude of the South toward the Amendment, Congress proceeded to encroach upon prerogatives that had hitherto been considered purely executive, and also to pa.s.s a most extreme plan of reconstruction.

The first of these measures, the Tenure of Office Act, was pa.s.sed over a veto on March 2, 1867. By it the President was forbidden to remove civil officers except with the consent of the Senate. Even the members of the Cabinet could not be dismissed without the permission of the upper house, a provision inserted for the protection of Edwin M. Stanton, the Secretary of War. Stanton was in sympathy with the radical leaders in Congress and it was essential to them that he be kept in this post of advantage. General Grant, who had charge of the military establishment, was made almost independent of the President by a law drafted secretly by Stanton. On the same day, and over a veto also, was pa.s.sed the Reconstruction Act, the most important piece of legislation during the decade after the war. It represented the desires of Thaddeus Stevens and was pa.s.sed mainly because of his masterful leaders.h.i.+p. At the outset the new Act declared the existing southern state governments to be illegal and inadequate, and divided the South into five military districts. Over each was to be a commanding general who should preserve order, and continue civil officers and civil courts, or replace them with military tribunals as he wished. Under his direction each state was to frame and adopt a new const.i.tution which must provide for negro suffrage. When Congress should approve the const.i.tution and when a legislature elected under its provisions should adopt the Fourteenth Amendment, the state might be readmitted to the Union.

The Reconstruction Act was remarkable in several features. The provision imposing negro suffrage was carried through the Senate with difficulty and only as the result of the tireless activity of Charles Sumner.

Sumner and other radicals were determined that the blacks should be enfranchised in order that they might protect themselves from hostile local legislation and also in order that they might form part of a southern Republican party. Even more noteworthy was the military character of the Act. The President had already exercised his prerogative of declaring the country at peace on August 20, 1866, more than six months before the Act was pa.s.sed. In the decision in the Milligan case, which preceded the Act by nearly three months, the Supreme Court had decided that military tribunals were illegal except where war made the operation of civil courts impossible. Military reconstruction was illogical, not to say unlawful, therefore, but Congress was more interested in a method that promised the speedy accomplishment of its purposes than it was in the opinions of the executive and judicial departments.

Despite his dissent from its provisions, the President at once set military reconstruction in operation. When he mitigated its harshness, however, where lat.i.tude was allowed him, Congress pa.s.sed additional acts, over the veto, of course, extending and defining the powers of the commanding generals. Armed with complete authority, the generals proceeded to remove many of the ordinary civil officers and to replace them with their own appointees, to compel order by means of the soldiery, to set aside court decrees and even to close the courts and to enact legislation. In the meanwhile a total of 703,000 black and 627,000 white voters were registered, delegates to const.i.tutional conventions were elected, const.i.tutions were drawn up and adopted which permitted negro suffrage, and state officers and legislators elected.

In conformity with the provisions of the Act, the newly chosen legislatures ratified the Fourteenth Amendment to the Const.i.tution, sent representatives and senators to Was.h.i.+ngton, where they were admitted to Congress, and by 1871 the last confederate state was reconstructed.

The commanding generals were honest and efficient, in the main, even if their stern rule was distasteful to the South, but the regime of the newly elected state officers and legislators was a period of dishonesty and incapacity. Most of the experienced and influential whites had been excluded from partic.i.p.ation in politics through the operation of the presidential proclamations and the reconstruction acts. In all the legislatures there were large numbers of blacks--sometimes, indeed, they were in the majority. Two parties appeared. The radical or Republican group included the negroes, a few southern whites, commonly called "scalawags," and various northerners known as "carpet-baggers." These last were in some cases mere adventurers and in others men of ability who were attracted to the South for one reason or another, and took a prominent part in political affairs. The old-time whites held both kinds in equal detestation. The other party was called conservative or Democratic, and was composed of the great ma.s.s of the whites. Many of them had been Whigs before the war, but in the face of negro-Republican domination, nearly all threw in their lot with the conservatives.

Not all the activities of the legislatures were bad. Provisions were made for education, for example, that were in line with the needs of the states. Nevertheless, their conduct in the main was such as to drive the South almost into revolt. In the South Carolina legislature only twenty-two members out of 155 could read and write. The negroes were in the majority and although they paid only $143 in taxes altogether, they helped add $20,000,000 to the state debt in four years. In Arkansas the running expenses of the state increased 1500 per cent.; in Louisiana the public debt mounted from $14,000,000 to $48,000,000 between 1868 and 1871. Only ignorance and dishonesty could explain such extravagance and waste. Submission, however, was not merely advisable; it presented the only prospect of peace. Open resentment was largely suppressed, but it was inevitable that the whites should become hostile to the blacks, and that they should dislike the Republican party for its ruthless imposition of a system which governed them without their consent and which placed them at the mercy of the incompetent and unscrupulous. A system which made a negro the successor of Jefferson Davis in the United States Senate could scarcely fail to throw the majority of southern whites into the ranks of the enemies of the Republican organization.[2]

One step remained to ensure the continuance of negro suffrage--the adoption of a const.i.tutional provision. In 1869 Congress referred to the states the Fifteenth Amendment, which was declared in force a year later. By its terms the United States and the states are forbidden to abridge the right of citizens to vote on account of race, color or previous condition of servitude.

While radical reconstruction was being forced to its bitter conclusion, the opponents of the President were maturing plans for his impeachment and exclusion from office. By the terms of the Const.i.tution, the chief executive may be impeached for "Treason, Bribery, or other high Crimes and Misdemeanors." Early in the struggle between President Johnson and Congress a few members of the House of Representatives urged an attempt to impeach him. Such extremists as James M. Ashley of Ohio, and Benjamin F. Butler of Ma.s.sachusetts, believed that he had even been implicated in the plot to a.s.sa.s.sinate Lincoln. A thorough-going search through his private as well as his public career failed to produce any evidence that could be interpreted as sufficient to meet const.i.tutional demands, and a motion to impeach was voted down in the House by a large majority. So indiscreet a man as the President, however, was likely at some time to furnish a reason for further effort. The occasion came in the removal of the Secretary of War, Edwin M. Stanton.

Stanton, although of a domineering and brusque personality, had ably administered the War Department under Lincoln and Johnson. During the controversy between the President and Congress, Stanton had remained in the Cabinet but was closely in touch with his chief's opponents and had even drafted one of the reconstruction acts. Johnson had tolerated the questionable conduct of his Secretary, despite the advice of many of his supporters, until August 5, 1867, when he requested Stanton's resignation. The latter took refuge behind the Tenure of Office Act, denying the right of the President to remove him, but yielding his office at Johnson's insistence. This episode had occurred during a recess of Congress and, in accord with the law, the removal of Stanton was reported when it convened in December. The Senate at once refused to concur and Stanton returned to his office. The President now found himself forced, by what he regarded as an unconst.i.tutional law, into the unbearable position of including one of his enemies within his official family, and once more he ordered the Secretary to retire. But meanwhile the House of Representatives had been active and had on February 24, 1868, impeached the President for "high crimes and misdemeanors."

The trial was conducted before the Senate, as the Const.i.tution provides, the Chief Justice of the Supreme Court acting as the presiding officer. The House chose a board of seven managers to conduct the prosecution, of whom Thaddeus Stevens and Benjamin F. Butler were best known. The President was defended by able counsel, including former Attorney-General Stanbery, Benjamin R. Curtis, who had earlier sat upon the Supreme Court, and William M. Evarts, an eminent lawyer and leader of the bar in New York. The charges, although eleven in number, centered about four accusations: (1) that the dismissal of Secretary Stanton was contrary to the Tenure of Office Act; (2) that the President had declared that part of a certain act of Congress was unconst.i.tutional; (3) that he had attempted to bring Congress into disgrace in his speeches; and (4) that in general he had opposed the execution of several acts of Congress. The President's counsel asked for forty days in which to prepare their case. They were given ten, although members of the House had been preparing for more than a year to resort to impeachment. The trial lasted from early March to late May.

As the trial wore on, it became increasingly evident that the House had but little substance on which to base an impeachment, and that the force back of it was intense hatred of the President. It was made clear to senators who were inclined to waver towards the side of acquittal that their political careers were at an end if they failed to vote guilty.

The general conference of the Methodist Episcopal Church even appointed an hour of prayer that the Senate might be moved to convict. The lawyers for the defense so far outgeneraled the prosecutors that one who reads the records at the present day finds difficulty in thinking of them as more than the account of a pitiful farce. At length on May 16 the Senate was prepared to make its decision. The last charge was voted upon first.

It was a very general accusation, drawn up by Stevens, and seemed most likely to secure the necessary two-thirds for conviction. Fifty-four members would vote. Twelve of them were Democrats and were known to be for acquittal. The majority of the Republicans were for conviction. A small group had given no indication of their position, and their votes would be the decisive ones. As the roll was called each senator replied "Guilty" or "Not guilty," while floor and galleries counted off the vote as the knitting women clicked off the day's toll of heads during the days when the guillotine made a reign of terror in France. The result was thirty-five votes for conviction and nineteen for acquittal. As thirty-six were necessary, Johnson had escaped. A recess of ten days was taken during which the prosecution sought some shred of evidence which might prove that some one of the nineteen had accepted a bribe for his vote, but to no avail. When the Senate convened again there was no change in the vote on the second and third articles, and the attempt to convict was abandoned.

For the first time in many months Johnson enjoyed a respite from the attacks of his foes. Stanton relinquished his office, and the integrity of the executive power was preserved. The race of the dictator of the House had been run, for Stevens lived less than three months after the trial.

The continuous controversies of the Johnson administration almost completely pressed into the background two diplomatic accomplishments of no little importance. The more dramatic of these related to the French invasion of Mexico. During 1861, naval vessels of England, France and Spain had entered Mexican ports in order to compel the payment of debts said to be due those countries, but England and Spain had soon withdrawn and had left France to proceed alone. French troops thereupon had invaded the country, captured Mexico City and established an empire with Archduke Maximilian of Austria as its head, despite the protests and opposition of the Mexicans under their leader Juarez. The United States had expressed dissent and alarm, meanwhile, but because of the war was in no position to take action.

As soon as civil strife was finished, however, Johnson and Seward took vigorous steps. An army under General Sheridan was sent to the border, and diplomatic pressure was exerted to convince France of the desirability of withdrawal. The occupation of Mexico was, apparently, not popular in France, and in the face of American opposition the French government sought a means of dropping the project. Accordingly the invading forces were withdrawn early in 1867, leaving the hapless Maximilian to the Mexicans, by whom he was subsequently seized and executed.