The counsel of the President consist of Messrs. Henry Stanbery,
Benjamin R. Curtis, William M. Evarts, T.A.R. Nelson, and Mr. Groesbeck, the latter of
whom has been added since the commencement of the trial, in place of Judge Black, who
declined to serve. Mr. Stanberys early career was confined to Ohio, and little was
known of him until his appointment as Attorney-General by President Johnson. His success
in that position was not great, and it was generally conceded that his opinions were
marked more by partisan feeling than legal ability. He resigned his position as
Attorney-General to defend the President.
Mr. Curtis is a native and resident of
Massachusetts, where he has filled several legal positions; and he has much local
reputation as a lawyer.
Mr. Evarts, who is doubtless the ablest
lawyer retained on the Presidents side, has never held political office, but has
devoted himself entirely to the practice of his profession, and is at the present time at
the head of the bar of New York. At the same time he was not without political
aspirations; and, as an orator, scholar, and public character generally, has been in a
quiet way an influential and powerful member of the Republican Party, though not a popular
one with the masses. He was at one time an aspirant for the United States Senatorship from
New York. He was also an aspirant and a formidable rival of Mr. Secretary Chase for the
Chief Justiceship of the United States. So that, although his is neither an ex-judge, nor
even an "honorable," he attracts deserved attention from his generally high
position and his especial eminence as a great criminal lawyer. In person he is thin, wiry,
and cadaverous. He has a clear, sharp, ringing voice, though it is not powerful or
musical. His action is sparing but effective. In making his points he is lucid, precise,
and cogent, seldom rhetorical or ornamental. He has an easy, colloquial way; he is never
in haste, and never hesitates. He is an excellent extempore speaker, a sound commercial
lawyer, and an advocate of great genius and resource.
During the progress of the trial the
galleries of the Senate have presented a more brilliant appearance than has been known for
many years. The most lovely as well as the most distinguished ladies of Washington have
been in daily attendance, and the gallery devoted to them has presented the appearance of
our sketch.
The opening speech on the part of the
Managers was made by General B.F. Butler on October 30. He very learnedly discussed the
right of the Senate as at present constituted to try the impeachment; the right of Senator
Wade to participate; and quoted largely from the precedents. On the same day documentary
evidence was introduced intended to answer any plea that Mr. Johnson is not President, but
Vice-President, and therefore not liable to trial by the Senate as organized, and that Mr.
Stanton was not appointed Secretary of War for the existing term. The first of these
documents was the certified oath of office taken by Mr. Johnson to "faithfully
execute the office of President of the United States." Subsequently witnesses were
examined to prove that the President had signed commissions altered from the old printed
form in order that they might confirm to the Tenure-of-Office Bill, thereby recognizing
its validity. It was also shown by several witnesses that General Thomas, after being
refused possession of the War Office, announced his intention to take possession of the
War Office by force. A large number of witnesses, principally reporters, were examined, to
prove the accuracy of the reports of the speeches of the President, made in 1866. It was
shown that one of these, which was most abusive of Congress, was corrected before going to
the printers by the Presidents private secretary. The President in his answer to the
charges says that he suspended Mr. Stanton indefinitely as authorized by the Constitution,
and not in compliance with any requirements of the Tenure-of-Office Bill, thereby
recognizing its validity. In refutation of this the Managers introduced a letter from the
President notifying Secretary MCulloch of the suspension of Mr. Stanton in
compliance with the requirements of this very Act.