And so impeachment had not fully succeeded, as Thaddeus Stevens had ruefully admitted. But unless forgotten, it had not entirely failed. It demonstrated that the American President was not a king, that all actions have consequences, and that the national government, conceived in hope, with its checks and balances, could maintain itself without waging war, even right after one. And that the national government could struggle to free itself from all vestiges of human oppression. It had not succeeded, but it had worked. The impeachers had reduced the seventeenth President to a shadow—a shadow President; that is, a President who did not cast a long shadow, although his regressive policies would. The impeachers had warned the country about these policies as best they could, and offered to us, clearly and without apology, a cautionary tale. And they provided hope. For in an essential way, impeachment had accomplished what it had set out to do. It spoke beautifully and with farsighted imagination of the road not yet taken, but that could exist: the path toward a free country, a just country, a country and a people willing to learn from the past, not erase or repeat it, and create the fair future of which men and women still dream.
For Michael Dellaira, always
Acknowledgments
I’m often reminded of Huck Finn’s remark at the end of his adventures, when he exclaims, “what a trouble it was to make a book.” True enough; but the trouble is mightily lessened by the friends and strangers who so graciously help along the way. I’d like to thank a few of them.
Thanks to the National Endowment for the Humanities Public Scholars Grant in 2016–2017, whose generous award assisted the research and writing of this book. And similarly, for their cordial cooperation, I’m enormously grateful to the following people as well as to the collections they so ably represent: the staff at the Abraham Lincoln Presidential Library; Caroline Moseley, at the Bowdoin College Library, George J. Mitchell Department of Special Collections & Archives; Jennifer J. Betts, University Archivist at the John Hay Library, Brown University; the staff at the Buffalo History Museum; at the Chicago History Museum and the University of Chicago Library; at the Samuel J. May Anti-Slavery Collection, Special Collections, Cornell University Library; at Columbia University, Butler Library, Rare Book and Manuscripts; at the Connecticut Historical Society; Jay Satterfield, Special Collections Librarian, Rauner Special Collections Library, Dartmouth College; Megan O’Connell at Duke University’s Rubenstein Rare Book & Manuscript Library; Kaitlyn Pettengill, Program Associate and Researcher at the Historical Society of Pennsylvania; the staff at Houghton Library, Harvard University; at the Huntington Library, Arts Galleries, and Botanical Gardens, Library Division; Bethany Fiechter, Rare Books and Manuscripts Supervisor at Indiana State Library; the staff at the Kansas State Historical Society; Sally R. Polhemus, McClung Historical Collection Archivist, at the Knox County Public Library, East Tennessee History Center; Rebecca Williams at the Wilson Library, the University of North Carolina at Chapel Hill; the staff at the Southern Historical Collection, University of North Carolina at Chapel Hill; at the Library of Congress, Manuscript Division; at Louisiana State University’s Hill Memorial Library; at the Maine Historical Society and at the Massachusetts Historical Society; at the National Archives and Records Administration; at the New-York Historical Society Museum and Library; at the New York Public Library, Brooke Russell Astor Reading Room for Rare Books and Manuscripts; at the Hesburgh Library, University of Notre Dame; at Princeton University Library Special Collections; at the Ohio History Connection; at the University of Rochester, Rush Rhees Library, Department of Rare Books & Special Collections; Nan J. Card, Curator of Manuscripts, at the Rutherford B. Hayes Presidential Center; Karen Kukil, Associate Curator at the Sophia Smith Collection, Smith College; the staff at the South Carolinian Collection, University of South Carolina; Cara Dellatte, Archivist, at the Staten Island Museum, History Archives and Library; Nicole C. Dittrich, Reading Room Supervisor at the Syracuse University Library, Special Collections Research Center; Tom Kanon, at the Tennessee State Library and Archives; Annette LeClair, Director of Collection and Technical Services at Union College; the staff at Vassar College Library, Archives and Special Collections; at the University of Virginia Library; at the Western Reserve Historical Society; at Wichita State University’s Special Collections and University Archives; Lee Grady at the Wisconsin Historical Society; and the staff at Archives and Manuscripts, Sterling Memorial Library, Yale University.
I am also grateful for the conscientiousness of two research assistants, Patrick Callihan, again a model of diligence, and the intelligent and thorough Victoria Beale. In addition, I’m grateful to my colleague Luis Jaramillo, Director of the MFA Program in Writing at The New School University, for sending his student Kristy Chambers my way; Kristy’s imaginative rendition of several nineteenth-century buildings and advertisements was a delight. And while working on this book, I was consistently cheered by the camaraderie of longtime, talented colleagues both at the New School and at Columbia University’s School of the Arts. I am also grateful to the dedicated students I have taught at both places. Then, special thanks go to my friend, the author Philip Lopate, former head of nonfiction at Columbia, and to the present head of nonfiction, Leslie S. Jamison; and at the New School, along with Luis Jaramillo, I am also indebted to Honor Moore and to the indefatigable Lori Lynn Turner.
Thanks too to Arlo Haskell, Executive Director of the Key West Literary Seminar, who cordially invited me to speak about the background of the impeachment trial during its 2017 session, “Revealing Power: The Literature of Politics,” and to participate in a conversation with the incomparable Robert A. Caro, aptly entitled “Rhythm Matters. Mood Matters. Everything Matters: On Writing History.” No one is better versed in these issues, or better deploys them, than this remarkable writer.
Once again, too, I am happily in Robert Gottlieb’s debt. A man as munificent in friendship as he is in editorial wizardry, he read my manuscript with the virtuosity and dazzling intelligence for which he is justly known, and his amazing generosity included his calling me from Paris to answer last minute, frantic questions about structure. Other remarkable readers of this book on whom I’ve imposed include the extraordinary David Ebershoff, whose company—and superb novels—have sustained me for many years. So has the friendship of the excellent writer Christopher Bram, who again provided indispensable notes; and the exceptional Sean Wilentz, for whom history is a living thing, and who once more scrupulously read my manuscript; I’m again the indebted beneficiary of such a keen, probing historical imagination. And of course I could not have written this book without relying on the deep research and penetrating insights of so many predecessors, the accomplished historians, biographers, novelists, or critics on whose work I’ve relied for these many years and whose work I outline in the notes.
For the letters they’ve written on my behalf, I’m grateful to Annette Gordon-Reed, Wendy Lesser, and Robert K. Massie, as well as other friends, old and new, and colleagues not already mentioned, I owe them much more than a simple acknowledgment for their sympathetic patience, their support and advice—and their willingness to put up with my reclusiveness: David Alexander, Alida Becker, Ina Caro, Robert A. Caro, Ron Chernow, Fernanda Eberstadt, Benita Eisler, Gary Giddins, Wendy Gimbel, Judith Ginsberg, Brad Gooch, George Gross, Molly Haskell, Peter Heinegg, Rosemarie Heinegg, Virginia Jonas, Joe Lelyveld, Doug Liebhafsky, the late J. D. McClatchy, Tom Mallon, Michael Massing, Daphne Merkin, Benjamin Moser, Jed Perl, Deborah Rosenthal, Max Rudin, Helen Schulman, Ileene Smith, Domna Stanton, Annalyn Swan, Benjamin Taylor, Michele Underwood, Paul Underwood, Robert Weil, and Bob Wilson.
Then, a special thanks to my friend of many, many years, the peerless Richard Howard, poet, translator, essayist, teacher, and man for whom the word “friend” is too narrow. I will always remember his advice, more than thirty years ago, which has kept me aloft in dark times.
And I’d like to thank another person without peer, my remarkable agent Lynn Nesbi
t. For two decades now, I’ve now had the distinct privilege of working with a woman justly regarded as independent, perspicacious, wise, and fearless. She is those things and more: a person unrivalled in loyalty, candor, thoughtfulness, energy, and hard work. I’m proud to be the recipient of her priceless knowledge, proud to know her, proud to call her, too, friend.
The editor extraordinaire of this book is another legend; the reputation of Kate Medina, not just at Random House but in the larger world of publishing, is stellar. I can see why: She has been unfailingly professional and passionate, both at the same time; she is resourceful, good-humored, and sharp. With polish, efficiency, and patience, she read and reread my manuscript, and with her meticulous editing and perceptive advice, made suggestions about shape and form that vastly improved the book—and that taught me a great deal. I am grateful for her understanding, her enthusiasm, and, plainly speaking, her unflagging commitment to publishing. Then, she surrounds herself with an incredible “team.” Her terrific assistant editor, Erica Gonzalez, has been a godsend: Reassuringly proficient, she is also a person of grace and skill, whether we’re talking about pictures or captions or flap copy. Earlier, Anna Pitoniak, former senior editor, read the manuscript at Kate’s behest, and I benefitted from her comments. Many thanks, too, to Benjamin Dreyer, executive managing editor and copy chief, for kindly answering questions early and late; to the meticulous, generous, and gimlet-eyed reader par excellence, the executive production editor Dennis Ambrose; to the freelance proofreader Liz Carbonell; to Toby Ernst, associate director, subsidiary rights, and Karen Fink, executive publicist. I also extend thanks to those who designed the book’s interiors and jacket.
These many years, while I worked on this book, my mother, now ninety-seven years old at this writing, has lost her ability to read but nonetheless remains excited about all new projects. And she’s remained, too, a woman of rare resourcefulness, imagination, and will; caring for her has not been easy, but I’ve been able to share this, like so much of my life, with my brilliant and beloved husband, the composer Michael Dellaira. Again, he read and edited every single page of this book—an astonishing number of times—intent on every word, every sound, every rhythm, every concept. I talked with him, debated with him, listened to him, learned from him, and laughed with him. I dedicate this book to him, always.
BRENDA WINEAPPLE
New York City, 2019
Appendix A
Tenure of Office Act
[Note: The Tenure of Office Act was fully repealed in 1887 as unconstitutional.]
SECTION 1. 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 any 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 herein otherwise 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 may have been appointed and for one month thereafter, subject to removal by and with the advice and consent of the Senate.
SECTION 2. And be it further enacted, That when any officer appointed as aforesaid, excepting judges of the United States courts, shall, during a recess of the Senate, be shown, by evidence satisfactory to the President, to be guilty of misconduct in office, or crime, or for any reason shall become incapable or legally disqualified to perform its duties, in such case, and in no other, the President may suspend such officer and designate some suitable person to perform temporarily the duties of such office until the next meeting of the Senate, and until the case shall be acted upon by the Senate, and such person so designated shall take the oaths and give the bonds required by law to be taken and given by the person duly appointed to fill such office; and in such case it shall be the duty of the President, within twenty days after the first day of such next meeting of the Senate, to report to the Senate such suspension, with the evidence and reasons for his action in the case, and the name of the person so designated to perform the duties of such office. And if the Senate shall concur in such suspension and advise and consent to the removal of such officer, they shall so certify to the President, who may thereupon remove such officer; and, by and with the advice and consent of the Senates, appoint another person to such office. But if the Senate shall refuse to concur in such suspension, such officer so suspended shall forthwith resume the functions of his office, and the powers of the person so performing its duties in his stead shall cease, and the official salary and emoluments of such officer shall, during such suspension, belong to the person so performing the duties thereof, and not to the officer so suspended: Provided, however, That the President, in case he shall become satisfied that such suspension was made on insufficient grounds, shall be authorized, at any time before reporting such suspension to the Senate as above provided, to revoke such suspension and reinstate such officer in the performance of the duties of his office.
SECTION 3. And be it further enacted, That the President shall have power to fill all vacancies which may happen during the recess of the Senate, by reason of death or resignation, by granting commissions which shall expire at the end of their next session thereafter. And if no appointment, by and with the advice and consent of the Senate, shall be made to such office so vacant or temporarily filled as aforesaid during such next session of the Senate, such office shall remain in abeyance, without any salary, fees, or emoluments attached thereto, until the same shall be filled by appointment thereto, by and with the advice and consent of the Senate; and during such time all the powers and duties belonging to such office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office.
SECTION 4. And be it further enacted, That nothing in this act contained shall be construed to extend the term of any office the duration of which is limited by law.
SECTION 5. And be it further enacted, That if any person shall, contrary to the provisions of this act, accept any appointment to or employment in any office, or shall hold or exercise or attempt to hold or exercise, any such office or employment, he shall be deemed, and is hereby declared to be, guilty of a high misdemeanor, and, upon trial and conviction thereof, he shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court.
SECTION 6. And be it further enacted, That every removal, appointment, or employment, made, had, or exercised, contrary to the provisions of this act, and the making, signing, sealing, countersigning, or issuing of any commission or letter of authority for or in respect to any such appointment or employment, shall be deemed, and are hereby declared to be, high misdemeanors and, upon trial and conviction thereof, every person guilty thereof shall be punished by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court. Provided, That the President shall have power to make out and deliver, after the adjournment of the Senate, commissions for all officers whose appointment shall have been advised and consented to by the Senate.
SECTION 7. And be it further enacted, That it shall be the duty of the Secretary of the Senate, at the close of each session thereof, to deliver to the Secretary of the Treasury and to each of his assistants and to each of the auditors and to each of the comptrollers in the treasury, and to the treasurer, and to the register of the treasury, a full and complete list, duly certified, of all the persons who shall have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nominations shall have been made and not confirmed and filled at such session.
SECTION 8. And be it further enacted, That whenever the President shall, without the
advice and consent of the Senate, designation authorize, or employ any person to perform the duties of any office, he shall forthwith notify the Secretary of the Treasury thereof; and it shall be the duty of the Secretary of the Treasury thereupon to communicate such notice to all the proper accounting and disbursing officers of his department.
SECTION 9. And be it further enacted, That no money shall be paid or received from the treasury, or paid or received from or retained out of any public moneys or funds of the United States, whether in the treasury not, to or by or for the benefit of any person appointed to or authorized to act in holding or exercising the duties or functions of any office contrary to the provisions of this act; nor shall any claim, account, voucher, order, certificate or warrant, or other instrument providing for or relating to such payment, receipt, or retention, be presented, passed, allowed, approved for, proved, certified, or paid by any officer of the United States, or by any such person exercising the functions or performing the duties of any office or place of trust under the United States, for or in respect of such office, or the exercising or performing the functions or duties thereof; any person who shall violate any of the provisions of this section shall be deemed guilty of a high misdemeanor, and, upon trial and conviction thereof, shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding ten years, or both said punishments, in the discretion of the court.
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