as possible, and it fell to my lot to attend to that business. I canvassed the Senate and found that all those classed as Republicans would vote for the eleventh article of the impeachment excepting seven-Fessenden, Trumbull, Henderson, Grimes, Van Winkle, Willey and Ross. Accordingly I moved for an order that the first vote be taken upon the eleventh article, and the order was made. Those voting "Guilty" when their names were called were: Anthony, Cameron, Cottell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsay, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Williams, Wilson and Yates, 34. Those voting "Not Guilty were: Bayard, Buckelow, Davis, Dixon, Doolittle, Fessenden, Henderson, Hendricks, Johnson, Grimes, McCreery, Norton, Patterson of Tennessee, Ross, Salesbury, Trumbull, Van Winkle, Vickers and Willey, 19.

Conviction failed by one vote. Twothirds of the Senate not having voted "Guilty," the Chief Justice declared the President acquitted on the eleventh article. This vote was taken on the 16th, and I moved that the court adjourn until the 26th of May, and it was so ordered. I wanted that time in which to find out what could be done with the other ten articles, and I ascertained that the same vote could be obtained on the second and third articles. These three articles were the only ones upon which the Republicans could be united, excepting said seven. Accordingly, when the court convened on the 26th, I moved that the vote on the second and third articles be taken in succession, and the vote was exactly the same as on the eleventh article. I then moved that the Senate, sitting as a court of impeachment, adjourn sine die, which motion prevailed by a vote of 34 to 16, and this great trial which continued fifty-one days came to an end. The intention and effect of confining the vote to the above-named three articles were, so far as the Republicans were concerned, to throw the responsibility of defeating the impeachment upon said

seven Senators. It was an effort to retire in good order from a field of battle and defeat.

Many of the Senators read and filed written opinions, in which, necessarily, there was much repetition, but there was also much diversity of views as to the construction of the Constitution and the validity and effect of the tenure of office act. I was the author of this much abused act. President Johnson was arbitrarily removing from office Union men and Republicans, and filling their places with rebels and Democrats.

The object of this act was to prevent such removals without the advice and consent of the Senate. When the bill passed the Senate it did not include the Heads of Departments, but it was amended in the House so as to expressly include such officials. When it was returned to the Senate it went to a conference committee, and the conferees on the part of the Senate were Williams, Sherman and Buckalew. We agreed with the con-ferees on the part of the House as follows:

That every person holding any civil office to which he has been appointed by and with the advice and consent of the Senate, and every person who shall hereafter be appointed to such office and shall become duly qualified to act therein is, and shall be, entitled to hold such office until a successor shall have been in like manner appointed and duly qualified, except as hereinafter provided. Provided, That the Secretaries of State, of the Treasury, of War, of the Navy and of the Interior, the Postmaster General, and the Attorney General, shall hold their offices respectively for and during the term of the President by whom they have been appointed, and for one month thereafter, subject to removal, by and with the advice and consent of the Senate.

Senators Fessenden, Trumbull and Henderson were very able men, and their opinions were ingenious and plausible, but extremely technical. They did not undertake to justify the sayings and doings of the President, but based their opinions wholly upon propositions of law. Judge Trumbull went so far in his opinion as to say that President Johnson was not a fit man to be President. Their claim was that Stanton was not within the purview of the tenure of office act.

Senator Sherman put his opinion upon

the ground that the appointment of a Secretary of War ad interim, while the Senate was in session, without the advice and consent of that body, was a violation of the tenure of office act. In his summing up at the conclusion of his opinion he voiced the prevailing sentiment of a majority of the Senate, as follows:

The great offence of the President consists of his opposition, and thus far successful opposition, to the Constitutional Amendment proposed by the Thirty-ninth Congress, which, approved by nearly all the loyal states, would, if adopted, have restored the rebel states and thus have strengthened and restored the Union convulsed by civil war. Using the scaffoldings of civil governments formed by him in those states without authority of law, he has defeated this amendment-has prolonged civil strife, postponed reconstruction and reunion and aroused again the spirit of rebellion overcome and subdued by war. He alone, of all the citizens of the United States, by the wise provisions of the Constitution, is not to have a voice in adopting amendments to the Constitution, and yet he, by the exercise of a baleful influence and unauthorized power, has defeated an amendment demanded by the result of the war. He has obstructed, as far as he could, all the efforts of Congress to restore law and civil government to the rebel states. He has abandoned the party which trusted him with power, and the principles so often avowed by him which induced their trust. Instead of co-operating with Congress oy the execution of laws passed by it, he has thwarted and delayed their execution and sought to bring the laws and the legislative power into contempt. Armed by the Constitution and the laws with vast powers, he has neglected to protect loyal people in the rebel states, so that assassination is organized all over those states as a political power, to murder, banish and maltreat loyal people and to destroy their property. All these he might have ascribed to alleged want of power or to difference of opinion on questions of policy, and for these reasons no such charges were exhibited against him, though they affected the peace and safety of the nation. When he adds to these political offenses the wilful violation of a law by the appointment of a high officer during the session of the Senate and without its consent, and with the pa'pable purpose to gain possession of the Department of War for an indefinite time, a case is made not only within the express language of the law a high misdemeanor, but one which includes all the elements of a crime. to-wit: a violation of express law, wilfully and deliberately done with the intent to subvert the Constitutional power of the Senate, and having the evil effect of placing in the hands of the President unlimited power over all the officers of the government.

Senator Yates maintained, in his opinion, that the appointment of a Secretary of War during the session of the Senate was a violation of those clauses of the Constitution which provide that the President shall have power, by and with the advice and consent of the Senate, to appoint all officers of the United States, excepting those inferior officers whose. appointment is vested by Congress in the heads of departments or courts of law, and which further provide that the President shall have power to fill up all vacancies that may happen during the recess of the Senate.

His argument was that in these provisions there is a clear implication, even if the President had a right to remove Stanton, that he had no right to fill the vacancy so created while the Senate was in session without its consent. Many Senators concurred in this view.

Senator Sumner read an elaborate opinion, replete with learning and rhetorical embellishments. He commenced in this way:

This is one of the last great battles of slavery. Driven from these legislative chambers, driven from the field of war, this monstrous power has found refuge in the Executive Mansion, where, in utter disregard to the Constitution and laws, it seeks to exercise its ancient, far-reaching sway. All this is very plain. Nobody can question it. Andrew Johnson is the impersonation of the tyrannical slave power. In him it lives again. He is the lineal successor of John C. Calhoun and Jefferson Davis, and he gathers about him the same supportersoriginal partisans of slavery, north and south-habitual compromisers of great principles, maligners of the Declaration of Independence, politicians without heart, lawyers for whom a technicality is everything, and a promiscuous company who at every stage of the battle have set their faces against equal rights-these are his allies. It is the old troop of slavery with a few recruits ready, as of old. for violence-cunning in device and heartless in quibble, with the President at their head, they are now entrenched in the Executive Mansion.

I quote from the opinion of Senator Buckalew to show how the Democrats of the Senate regarded the conduct of President Johnson. After contending that the tenure of office act was unconstitutional, and did not apply to Stanton, he said:

In my opinion the acquittal of the Presi

dent from all the charges preferred against him is authorized by law and demanded by justice. He has committed no high crime or misdemeanor. He has trampled upon no man's rights. He has violated no public duty. He has kept his oath of office unbroken, and has sought, in a lawful manner, to vindicate and preserve the high constitutional powers confided to him by the people. He cannot and ought not to be punished for his opinions upon public measures and public policy, and in contemplation of law his conduct in all the matters brought before us for review has been irreproachable. What he has done indicates not criminal intent, but patriotic purpose and besides that, true courage sustained and invincible which grapples with difficulty and defies danger.

I stated in my opinion the following facts as bearing upon the question as to whether the tenure of office act applied to Stanton:

On the 12th of December the President communicated to the Senate the fact that on the 12th of the preceding August he had suspended Mr. Stanton. and gave his reasons therefor, and the Senate, assuming that Mr. Stanton was within the protection of the TeLure of Office Act, proceeded to consider the President's reasons, and under the leadership of the distinguished Senator from Maine, Mr. Fessenden, refused by an overwhelming vote of 35 to 6, to concur in the suspension. Every one of the majority then understood that the effect of that vote was to re-establish Mr. Stanton in his office under the provisions of the Tenure of Office Act. On the 21st of February, 1868, the President informed the Senate that he had

removed Mr. Stanton and appointed Adjutant General Thomas Secretary of War, ad interim, and the Senate proceeded to consider that communication, and after a protracted argument decided by a vote of 27 to 6 "that under the Constitution and laws of the United States, the President has no power to remove the Secretary of War and to designate any other officer to perform the duties of that office ad interim." Among those who voted to affirm that doctrine was the distinguished Senator from Illinois, Mr. Trumbull. Now, after these proceedings which go upon the express ground that Mr. Stanton is within the provisions of the Tenure of Office Act, we are asked to eat up our own words and stultify ourselves by holding that this act does not apply to Mr. Stanton.

I have given extracts enough to show the drift and division of opinion among the Senators. Judge Black withdrew from the defense at an early day on account of some misunderstanding he had with the President about the Alta Vela claim. Chief Justice Chase presided with his usual dignity, but it was evident from his rulings that his sympathies were with the President.

Whether the result of the trial was for the best or not, no one can now tell, but as our country came out of its domestic conflicts and trials with renewed vitality and strength, it is wise to conclude that

All's well that ends well."

TH

HE subject of this brief sketch is too well-known to need any introduction to our Oregon readers. He has been an honored and familiar figure in public affairs ever since the existence of this commonwealth as a State, and played a leading part in its territorial life.

"I have lived a good many years," remarked General Williams in a recent interview, "and have seen the making of some interesting history."

But more than that, he has helped make it. Not only local, but national history as well will show the impress of his thought and action. In that troubled and trying period immediately preceding and subsequent to the civil war, more than one serious crisis was averted, more than one important step decided by his cool judgment, firm grasp of the determining factors of the situation, and unprejudiced regard for relative political values.

Born in New York in the year 1823, in the month of March, he grew up, received his education, and was admitted to the bar in that state. In 1844, at the age of twenty-one, he removed to Iowa, then a frontier territory, and began the practice of his profession. When the territory became a state he was elected Judge of the first judicial district at the first state election, though he had not yet seen his twenty-fifth birthday. He served the new commonwealth in the capacity of Judge for five years.

It was in Iowa that his active acquaintance with affairs of state began. In 1852 he was one of the presidential electors at large, and canvassed the state for Franklin Pierce. The next year, 1853, he received his appointment as Chief Justice of Oregon Territory, and was re-appointed in 1857 by President Buchanan. Afterwards he saw fit to resign his position, intending to devote himself exclusively to the practice of law.

But the state had need of him. Oregon demanded his services, and he was made a member of that memorable convention

which met to frame the constitution for the new star in the national constellation. As chairman of the Judiciary Committee he was in a position to make his influence felt in that convention. He was active in preventing the introduction of slavery into the newly-organized commonwealth, and in the formation, in 1860, of a Union party, which brought no mean support to the administration at a time when such support meant much to the great sad soul who guided the "Ship of State" through the tempestuous seas of civil war.

In 1864 Judge Williams was elected Senator from Öregon, and, on going to Washington, renewed his acquaintance with Mr. Lincoln, whom he had met in Chicago in 1847.

Young, keenly alive to the requirements of the hour, in full vigor of early manhood, Senator George H. Williams was well qualified to represent in the nation's senate chamber the growing commonwealth. And he made his presence felt, taking rank as an able debater and a man of force from the first moment that his voice was heard in the halls of Congress. He was at once accorded recognition and given a place upon several important committees. For instance, the committees on finance, on public lands, and on reconstruction, all of them calling for endeavor that taxed human wisdom and intelligence to the utmost. But while taking an active part in the affairs of the nation at large, he never lost sight of Oregon and her needs. The welfare of his own state was never neglected.

If, as I heard a man of profound judgment say not long ago, "a great statesman must possess constructive ability," then Judge Williams may be justly so entitled. His work has been mainly of that nature. He became a member of the senatorial body at a time when national affairs were in a condition that may be described as at once serious and critical. It was a period literally of reconstruction. Firmness, combined with the most delicate tact, was required of

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to his sagacity and firmness that the disputed territory was saved to this country. General Grant, in December of that same year, gave him the appointment of Attorney-General of the United States. And when, by reason of the death of the illustrious Chase, the place of Chief Justice became vacant, Judge Williams was named as his successor. However, seeing that Congress was reluctant to so honor the far West, and feeling that party loyalty demanded it, the AttorneyGeneral withdrew his name.

To men like Judge Williams, men of ability, of stern integrity-men who never shirk personal responsibility—society at large owes much. To this man, in particular, Oregon owes more than mere words can say. His name has brought her honor among states, and she is proud to claim him whom, it is but justice to designate, as her greatest statesman.

ONG ago, when earth was young, the area lying between the Cascade Range and the Blue Mountains was covered by a vast inland sea. Often the winds, sweeping down these heights in contrary direction, lashed the waves into furious commotion.

Now, Manitou, ruler of the affairs of Nature, dwelt upon the lofty summit of Mt. Hood. Chancing one day to part the cloudy curtains of his abode, he looked out upon the sea in one of its most terrific aspects. His anger was aroused, and stamping his foot until the mountains trembled, he exclaimed:

"The Great Spirit Manitou is weary of strife and tumult among the elements! This ceaseless beating of the waves! This horrid howling of the winds! Go to, now! I will let loose these seething waters, and they shall become a noble river."

Hastily he descended the mountain. With gigantic force he rent huge rocks asunder, piling them on either side in

frowning cliffs, and beetling crags. He uprooted the towering trees, tossing them aside in an intricate tangle of roots and stumps.

Thus he speedily tore away the mountain barriers. The hitherto imprisoned waves surged forth through the rocky chasm, here in lovely cascades, there in foaming rapids. At last, of the great sea eastward there was left only a gentle stream falling from the bosom of a quiet lake on the slope of the Rocky Mountains in the far north; trailing like a silver ribbon through rocky gorges and narrow defiles, and across the level plains that had arisen from the sea.

Westward from the Cascade Range the great Manitou guided the whirling waters into a channel, growing wider and deeper, until a majectic river, which should one day bear on its swelling tide the ships of a world's commerce and pleasure swept over its sandy bar and was lost in the boundless depth of the Pacific.