James Rood Doolittle. haps, of slight consequence to the average reader of today. Nevertheless, it indicates what thoughts were engrossing our states men in the days succeeding the War of the Rebellion, the period when the problem of re construction was before the Congress for solution. Mr. Doolittle handles the questions of the hour in a frank and honest manner, although it must be admitted that he offers some suggestions which would strike the average individual at this time as exceedingly novel. ( )ne of these was the colonizing jr deportation of the negroes by governmental act. Mr. Uoolittle had no patience with those' who were pressing impeachment proceedings against President Johnson. He dissented from the doctrine that was urged in the im peachment of Mr. Johnson, that the President should be held guilty of high crimes and mis demeanors because he disagreed with twothirds of the Senate on the construction of the laws. At the trial of the President, Mr. Doolittle said, among other things, that "the President, as chief executive, is compelled, officially, to construe the )aws of Congress. If he mis take the meaning of a doubtful statute, upon which the ablest senators and lawyers dis agree, to say he can be found guilty of a high crime, or high misdemeanor, because he mis takes its true meaning while honestly seek ing to find it, shocks the moral sense of the civilized world. It is a monstrous proposi tion. Intention, criminal intention, is of the very essence of crime. A public officer ma commit a trespass and become liable to re spond in damages in a civil suit, when, mis taking the law, he violates the rights of ] erson or property of another. lint to s:u ihat a high public officer, with good motives, and the honest intent to obey, though he mistake the meaning of a statute, can be found guilty of a high crime or misdemeanor, which shall subject him to the heaviest punishment which can fall upon a public man in high office, is
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to assert a doctrine never before heard in any court of justice. There is no evidence to show on his part an intention to violate the Constitution or the law." The concluding words of Mr. Doolittle's remarks at this memorable trial seem now very like the language of prophecy. They certainly express very nearly the ultimate judgment of history on this unworthy attempt to convict a President of that vh:ch he was not guilty. He said: "Sir, much may be forgiven, much must be forgiven, in times of high party excitement, for the judiiial blindness which it begets. But when this temporary and frenzied excitement shall have passed away, as pass it will, and when mtn shall carefully review this case and all the evi dence given on this trial, their surprise will be not that a few Republican Senators can rise above party prejudice and refuse to be driven from their clear convictions by party fervor, but their utter astonishment ill be that any respectable Senator should ever for one moment have entertained the thought of convicting the President of the United States of a high crime or a high misdemeanor upon the charges and evidence produced upon this trial." It was but a short step from an active and aggressive support of Mr. Johnson and hi.> policy back to the Democratic party. And here we find Mr. Doolittle again at the conelusion of his second term as a United States Senator from Wisconsin. In 1872 he pre sided at the Democratic National Convention which placed Horace Greeley in nomination for the presidency. And he took?u active part in that campaign. He had a fine presence, was in good voice, and made an excellent presiding officer. Mr. Doolittle continued to identify himself with the Demo cratic party until his death. In addressing popular audiences, Mr. Doolittle appeared at his best. He was an orator of unusual power, and his eloquence was almost irresistible. He had a fine mind and
