d on both sides, and ended by the acquittal of the President,
on the eleventh article of impeachment, by a vote of 35 guilty and
19 not guilty. Two-thirds of those voting not having pronounced
"guilty," as required by the constitution, the President was
acquitted upon this article. Two other articles were voted on with
the same result. Thereupon, on the 26th day of May, 1868, the
Senate sitting as a court of impeachment adjourned without day.
Mr. Stanton resigned and General Schofield became Secretary of War.
I voted for conviction for the reasons stated in the opinion given
by me. I have carefully reviewed this opinion and am entirely
content with it. I stated in the beginning my desire to consider
the case without bias or feeling. I quote in full the opening
paragraphs:
"This cause must be decided upon the reasons and presumptions which
by law apply to all other criminal accusations. Justice is blind
to the official station of the respondent, and to the attitude of
the accusers speaking in the name of all the people of the United
States. It only demands of the Senate the application to this cause
of the principles and safeguards provided for every human being
accused of crime. For the proper application of these principles
we ourselves are on trial before the bar of public opinion. The
novelty of this proceeding, the historical character of the trial,
and the grave interests involved, only deepen the obligation of
the special oath we have taken to do impartial justice according
to the constitution and laws.
"And this case must be tried upon the charges now made by the House
of Representatives. We cannot consider other offenses. An appeal
is made to the conscience of each Senator of guilty or not guilty
by the President of eleven specific offenses. In answering this
appeal a Senator cannot justify himself by public opinion, or by
political, personal, or partisan demands, or even grave considerations
of public policy. His conscientious conviction of the truth of
these charges is the only test that will justify a verdict of
guilty. God forbid that any other shall prevail here. In forming
this conviction we are not limited merely to the rules of evidence,
which, by the experience of ages, have been found best adapted to
the trial of offenses in the double tribunal of court and jury,
but we may seek light from history, from personal knowledge, and
from all sources that will tend to form a conscientio
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