Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-03-07

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In the years when he was building
up his splendid legal reputation Mr..
Egarts doubtless cherished the political
ambitions members of his profession
are entitled to entertain 10 republic.
But he topk no prominent part 10
poll TICS until his election as Chairman
OF the New York delegation to the Re-
publican convention of 1850 He was
always popular in his calling, too, and
would have been sure Of support in bis
own profession il be had cared to run
for Office, 1
In 1861 he and Horace Greeley were
rival candidates for the United States
Senate, but neither could secure the
required vote In the Legislature. and
Ira Harris got the prize. Fonthe next
six years be DEVOTED hiiisalf Residu.
onsiy to his Legal business which grew
In prosl Gritty and magnitude from year
to year. His firm. was entrusted with
the care OF many large estates, includ-
ing that Of the Astors.
Andrew johnson had few friends, and
even fewer admirers, among the Repub-
licans when his removal of Stanton
from the office OF Secretary Of War, In
spite OF the Tenure of Office act, which
he held to be unconstitutional, precipi.
tated the movement for his impeact-
mont When the House Of Representa-
tiyes' articles OF impeachment we're
ready for presentation to the Senate in
March, 1868, 1t was believed that John.
son bad not the slightest chance OF
retaining his Office. The Senate, in
which the party that elected him had
y majority, was inimical to him His
removal would make its own presiding
officer, benjamin .Wade, President, OF
the United States.
In TACT, until the long speech ,of
Eyarts AS one of the counsel for the
accused Chief Magistrate, in the sum
ming up, which was not heard of until
after many weeks devoted to argument
and the hearing of testimony, there
seemed to be mo hope for him. The
managers OF the prosecution were Rep
resentatiyes Bingham of Ohio, Butler
and Boutwell, of Massachusetts. Wilson
OF Iowa, Thomas Williams and Thad.
deus Stevens of Pennsylvania, and
John A, Logan of Illinois. The Presi-
DENTS counsel were Attorney General
Stanbery, Benjamin r.. Curtis, William
NJ, Eycrts, Thomas r. Nelson aud Will
liam r. Groesherk. Chief Justice Chase
presided, over the court.
Evarts, in the arguments, was gener,
ally pitted against tire yociferous ard
ipconsiderate Butler Of Massaoh usetts,
and the Presidents cause gained much
from the effective. contrast of his
dignity with his opponents coarse
buster. In bis final speech, in the
summing up, he laid much stress upon
the fact that the Senate was practically
q court in the Impeachment case and
its members were judges, bound by
their oatha, and not merely repre.
sentatives of a dominant political party.
He also upheld the right OF the Presi-
dent to ignore an act be thought I'M
constitutional. Upon these two points,
it seemed, the impeachment depended,
and the vote OF the Senate In favor OF
the President was clearly triumph for
Eyarts
Mr.. Eyarts was appointed to succeed
Attorney General Stanbery in July,
1858, and 10 that position was in
volved In the controversies with Great
Britain, which had been held in abey-
ahce since the close of the Civil War,
Reverdy johnson was the new minister
to England instructed to give his at.
tention to the question of naturaliza-
tion, the San Juan boundary and the
"Alahama claims The convention
signed that year BY Minstrel ohnson and
tho Earl of Stanford however, did not
receive tho garprqYal Of the. administra.
tion and before the renewal OF the
negotiations Gen. Grant succeeded to
the Presidency and Mr.. Erarts, return
ing to his practice in New York, found
time to help IN the formation Of the
Bar Association which he was the
president for the first 10 gy''ars OF its
existence. The celebration OF the 18th
anniversary of its foundation, February
10th, 1885, was In fact u, great public
tribute to the aged jurist, who then
made his last appearance before the
public. fs@a
The Treaty Of sshiugton, by the
terms of which the disputes between
England and America were referred to
board of arbitrators, was signed in
May, 1871, and tine President appointed
Mr. Evarts, with the Morrison r.
Waite, his classmate at Yale who was
afterward Chief Justice Of the United
States Supreme Court and, Caleb
Gushing rs the A merican counsel. The
arbitrators, appointed by the Queen of
England, the President of the United
States, the King OF italy, the Prcsi-
dent Of the Swiss Confederation and
the Emperor Of BAIL, were Sir
Alexander Cockbnrn. Chief Justice OF
England; Charles Francis Adams
Count Frederick Sclopis, jacques
Staemph and the Viscouut d,Itajuba.
With the audacious disturbing claim
for indirect damoges,t in the. papers
drawn up by Mr. Bancroft Davis, Mr..
Evarts hadAnothing to do, They were,
after awhile, all; brushed aside by the
arbitrators,. and the. claims for direct
damages only were considered. The
single English counsellor, Sir Roundell
Palmer, presented written argument
Eyarts made his argument in reply
orally, speaking before the board two
days, and holding the arbitrators fairly
enthralled by the eioquenceuf his plea.
As a clear and comprehensive state
ment Of International law his argument
has never been SURPASSED. 1t was sue
oessful, too, and the arbitrators found
in favor of the United States, the
damages amounting 10 Sl5, 500, 600
In 1874 Mr.. Evarts was foremost
amcng the independent members of the
Republican party in the North in de-
n9uneing the arbitrary acts OF the
Louisiana Returning Board, but a
little more than two years later his
was the most potent argument OF all
before the Electoral Commission up.
holding Just such arbitrary measures.
Having accepted his brief for the Re-
! publican side in that matter the great
advocate lent to THE case all his
| forensic talent and all his fervor.
Since his retirement from the United
States Senate in 1891, when no was 70
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