These declarations, coming from two gentlemen of distinction and influence in the party councils, both of whom Had actively participated in framing the Tenure-of-Office Act, became at once the occasion of genuine and profound surprise, and it is unnecessary to say that they tended largely to strengthen the doubts entertained by others as to the sufficiency of all the other allegations of the indictment. They naturally and logically reasoned that the removal of Mr. Stanton, set out in the first Article, constituted, in effect, the essence of the indictment, and that all that followed, (save the 10th Article was more in the nature of specifications, or a bill of particulars, than otherwise--that if no impeachable offense were set out in the first Article, then none was committed, as that Article constituted the substructure of all the rest--its essence and logic running through and permeating practically all--and that without that Article, there was no coherence or force in any of them, and consequently nothing charged against the President that was impeachable, as he had not violated the Tenure-of-Office law, and was not charged with the violation of any other law.
That conference developed, further, that a large majority of the Articles of Impeachment were objectionable to and would not be supported by a number of Republican Senators.
Mr. Edmunds would not support the 4th, 8th, 9th, and 10th Articles, being "wholly unsustained by proof," but would support the 11th, though apparently doubtful of its efficiency.
Mr. Ferry could not support the 4th, 5th, 6th, 7th, 9th, or 10th Articles.
Mr. Howard declared that he would not support the 9th Article.
Mr. Morrill of Vermont, would not support the 4th, 6th, 9th, or 10th Articles, as they were unproven.
Mr. Morrill, of Maine, Mr. Yates, Mr. Harlan, and Mr. Stewart, would vote to convict on the Articles relating to the removal of Mr. Stanton--uncommitted on all others.
Mr. Fessenden, Mr. Fowler, Mr. Grimes, Mr. Henderson, Mr.
Trumbull, and Mr. Van Winkle, each declared, at that conference, their opposition to the entire list of the Articles of Impeachment.
But eighteen Republicans committed themselves at that conference, for conviction, out of twenty-four who filed opinions. While it was taken for granted that the six Democrats who had failed to declare their position at that conference would oppose conviction, the position of the eighteen Republicans who had failed to declare themselves became at once a source of very grave concern in impeachment circles. Out of that list of eighteen uncommitted Republicans, but one vote was necessary to defeat the impeachment. This condition was still farther intensified by the fact that eight of the eleven Articles of Impeachment were already beaten in that conference, and practically by Republican committals, and among them the head and front and foundation of the indictment--the First Article--by Messrs. Sherman and Howe, two conspicuous Republican leaders.
A forecast of the vote based on these committals as to the several Articles, would be against the First Article, twelve Democrats and eight Republicans, one more than necessary for its defeat--the eight "not guilty" votes including Messrs. Sherman and Howe.
Against the Fourth Article--twelve Democrats and nine Republicans--including Messrs. Edmunds, Ferry, and Morrill of Vermont.
Against the Fifth Article--twelve Democrats and eight Republicans-including Messrs. Edmunds and Ferry.
Against the Sixth Article--twelve Democrats and nine Republicans-including Messrs. Ferry, Howe, and Morrill of Vermont.
Against the Seventh--Article-twelve Democrats and seven Republicans--including Mr. Ferry.
Against the Eighth Article--twelve Democrats and seven Republicans--including Mr. Edmunds.
Against the Ninth Article--twelve Democrats and twelve Republicans--including Messrs. Sherman, Edmunds, Ferry, Howe, Howard, and Morrill of Vermont.
Against the Tenth Article--twelve Democrats and ten Republicans--including Messrs. Edmunds, Sherman, Ferry, and Morrill of Vermont.
It is somewhat conspicuous that but three gentlemen--Messrs.
Sumner, Pomeroy, and Tipton, in their arguments in the Conference, pronounced the President guilty on all the charges--though five others, Messrs. Wilson, Patterson of New Hampshire, Frelinghuysen, Cattell, and Williams, pronounced the President guilty on general principles, without specification;and Messrs. Morrill of Maine, Yates and Stewart, guilty in the removal of Mr. Stanton, without further specification of charges.
As but one vote, in addition to the twelve Democratic and the six Republican votes pledged against conviction at the Conference, was necessary to defeat impeachment on the three remaining Articles--the 2nd, 3rd, and 11th--and as nearly a half of the Republicans of the Senate had failed to commit themselves, at least in any public way, the anxiety of the advocates of Impeachment became at once, and naturally, very grave. How many of the eighteen Republicans who had failed to declare themselves at that Conference might fail to sustain the Impeachment, became, therefore, a matter of active solicitude on all sides, especially in impeachment circles in and out of the Senate. Republican committals in the Conference had rendered absolutely certain the defeat of every Article of the Impeachment except the Second, Third, and Eleventh, and the addition of but a single vote from the eighteen uncommitted Republicans to the "No" side, would defeat them.
