What is to be your judgment, Senators, in this case? Removal from office and perpetual disqualification? If the President has committed that for which he should be ejected from office it were judicial mockery to stop short of the largest disqualifications you can impose. It will be a heavy judgment. What is his crime in its moral aspects, to merit such a judgment? Let us look to it.
He tried to pluck a thorn out of his very heart, for the condition of things in the War Department, and consequently in his Cabinet, did pain him as a thorn in his heart. You fastened it there, and you are now asked to punish him for attempting to extract it. What more? He made an ad interim appointment to last for a single day. You could have terminated it whenever you saw fit. You had only to take up the nomination which he had sent to you, which was a good nomination, and act upon it and the ad interim vanished like smoke. He had no idea of fastening it upon the department. He had no intention of doing anything of that kind. He merely proposed that for the purpose, if the opportunity should occur, of subjecting this law to a constitutional test.
That was all the purpose it was to answer. It is all for which it was intended. The thing was in your hands from the beginning to the end. You had only to act upon the nomination, and the matter was settled. Surely that was no crime.
I point you to the cases that have occurred--of ad interim appointment after ad interim appointment; but I point especially to the case of Mr. Holt, where the Senate in its legislative capacity examined it, weighed it, decided upon it, heard the report of the President and received it as satisfactory. That is, for the purpose of this trial, before the same tribunal, res adjudicate, I think, and it will be so regarded.
What else did he do? He talked with an officer about the law.
That is the Emory Article. He made intemperate speeches, though full of honest, patriotic sentiments; when reviled, he should not revile again; when smitten upon one cheek he should turn the other.
"But," the gentleman who spoke last on the part of the managers, "he tried to defeat pacification and restoration." I deny it in the sense in which he presented it--that is, as a criminal act.
Here, too, he followed precedent and trod the path in which were the footsteps of Lincoln, and which was bright with the radiance of his divine utterance, "charity for all, malice toward none."He was eager for pacification. He thought that the war was ended.
The drums were all silent--the arsenals were all shut; the roar of the canon had died away to the last reverberation; the armies were disbanded; not a single army confronted us in the field. Ah, he was too eager, too forgiving, too kind. The hand of conciliation was stretched out to him and he took it? It may be he should have put it away; but was it a crime to take it?
Kindness, forgiveness a crime! Kindness a crime! Kindness is omnipotent for good, more powerful than gunpowder or canon.
Kindness is statesmanship. Kindness is the highest statesmanship of heaven itself. The thunders of Sinai do but terrify and distract; alone they accomplish little; it is the kindness of Calvary that subdues and pacifies.
What shall I say of this man? He is no theoriest; he is no reformer; I have looked over his life. He has ever walked in beaten paths, and by the light of, the Constitution. The mariner, tempest-tossed in mid-sea, does not more certainly turn to his star for guidance than does this man in trial and difficulty to the star of the Constitution. He loves the Constitution. It has been the study of his life. He is not learned and scholarly like many of you; he is not a man of many ideas or of much speculation but by a law of the mind he is only the truer to that he does know. He is a patriot, second to no one of you in the measure of his patriotism. He loves his country; he may be full of error; Iwill not canvass now his views; but he loves his country; he has the courage to defend it, and I believe to die for it if need be.
His courage and patriotism are not without illustration. My colleague (Mr. Nelson) referred the other day to the scenes which occurred in this Chamber when he alone of twenty-two Senators remained; even his State seceded, but he remained. That was a trial of his patriotism, of which many of you, by reason of your locality and of your life-long associations, know nothing. How his voice rang out in this hall in the hour of alarm for the good cause, and in denunciation of the rebellion! But he did not remain here; it was a pleasant, honorable, safe, and easy position; but he was wanted for a more difficult and arduous and perilous service. He faltered not, but entered upon it. That was a trial of his courage and patriotism of which some of you who now sit in judgment on more than his life, know nothing. I have, often thought that those who, dwelt at the North, safely distant from the collisions and strifes of the war, knew little of its actual, trying dangers. We who lived on the border know more. Our horizon was always red with flame; and it sometimes burned so near us that we could feel its heat upon the outstretched hand.
But he was wanted for a greater peril, and went into the very furnace of the war, and there served his country long and well.
Who of you have done more? Not one. * * * It seems cruel, Senators, that he should be dragged here as a criminal, or that any one who served his country and bore himself well and bravely through that trying ordeal, should be condemned upon miserable technicalities.
