The Chief Justice assented with a nod. “Since the rules of proceeding were adopted unanimously by the Senate yesterday, to the effect that the Senate is now organized as a separate and distinct court of judgment rather than as the Senate sitting in its legislative capacity, the Secretary of the Senate may now notify the managers of the House of Representatives that the Senate is ready to receive them.”
As the Secretary of the Senate, officious as a dapper Pekinese, hastened into the Private Lobby, and the Chief Justice pulled at his nose and then inspected his gavel, many members of the Senate fell to putting their heads together and consulting in whispers.
Nat Abrahams touched a wide-eyed, neatly dressed adolescent page boy on the shoulder. “Young man, I’m one of the attorneys for the President. Will you go to the Formal Office of the Vice-President where three of my colleagues are waiting-tell them, ‘Nat Abrahams says it’s time’-and you bring them right here. Do you know your way?”
“Yes, sir!” The page boy was off at a run.
When Abrahams gave his attention to the Chamber again, he saw that the five managers of the House had aligned themselves in a straight row before the bar. The Sergeant at Arms was once more standing, announcing the presence and readiness of the prosecuting managers of the House, and introducing them by name, one by one.
Narrowly, Nat Abrahams studied his opponents in this death struggle. The easiest to identify was their leader, Representative Zeke Miller, because of his semibald head, his cocky spread-legged stance and continually fidgeting fingers, and his customary showy attire, this afternoon an inappropriate (almost defiant) unseemly Glen plaid suit in shades of blue and green. To his right, more conservatively garmented, standing ramrod-straight, was the veteran Majority Leader of the House, Representative Harvey Wickland. Beside him, scratching a thigh, was the gawky, uneasy Minority Leader of the House, Representative John T. Hightower. Next to him stood the stunted, potbellied Representative Seymour Stockton, renowned for his drawling, long-winded oratory. Finally there was the boyish, intellectual, new-breed Southerner (“new-breed meaning they quote University of Virginia geneticists instead of Calhoun to prove Negroes are inferior,” one liberal newspaper had remarked), Representative Reverdy Adams, with his pyramid tuft of hair, thick sideburns, horn-rimmed glasses.
Nat Abrahams counted noses: two Southerners, one Easterner, one Northerner, one Westerner; three Protestants, one Catholic, one Mormon; five graduates of Law Schools who had become politicians and members of the House of Representatives. A formidable and colorful crew, Nat Abrahams decided, thinking of the President’s own managers who were, like himself, relatively staid.
There would be a problem here, Abrahams foresaw: since the Senate was not a usual courtroom, it would be more receptive to emotional argument and pleadings. The House managers had been schooled by countless campaigns to speak the Senate’s language, which was also the people’s language. Dilman’s managers possessed no elective political experience, and their legalistic pleadings might be considerably less effective. Nat Abrahams promised himself to remind Hart, Tuttle, and Priest that they had better incorporate into the wisdom of Blackstone some of the wisdom of such eminent American philosophers as Dale Carnegie, Harriet Beecher Stowe, Bruce Barton, Dr. Benjamin Spock, Robert Ripley, and Artemus Ward.
He realized that Chief Justice Johnstone was speaking. “The managers of the impeachment on the part of the House of Representatives will please take the seats assigned to them.”
Led by Zeke Miller, the five opposition managers made their way to the chairs behind the oak table to the right of the rostrum at the far end. Of the group, only Representative Miller did not sit. Instead, he raised a hand to catch the Chief Justice’s eye.
“Mr. President of the Senate,” Miller called out, his voice highpitched, “we are instructed by the House of Representatives, as its managers, to state that since the Senate has already taken process against Douglass Dilman, President of the United States, that he now be made to appear at the bar of the Senate in his answer to the Articles of Impeachment heretofore preferred by the House of Representatives through its managers before the Senate.”
The Chief Justice plainly scowled. “Are you suggesting, Mr. Manager Miller, that the President of the United States be present to answer the Articles against him?”
“Mr. President of the Senate, I am suggesting that he appear in person, or have competent persons appear on his behalf, so that his trial may proceed with punctuality.”
“I am quite well acquainted with the proper procedure, Mr. Manager Miller,” said the Chief Justice, sniffing. He waited, while Miller shrugged and sat down. Johnstone then squinted at the rows of senators. “I have been informed that the President of the United States has retained competent counsel, and that counsel was duly sworn in at noon. I understand that the President’s counsel have been awaiting notification to appear. They are in the Vice-President’s suite attached to this wing of the Capitol. Will the Secretary of the Senate bring them before the bar?”
Seeing the Secretary of the Senate clamber down from his marble counter and start toward the doorway behind which he stood, Nat Abrahams nervously turned to seek his associates. He almost bumped into Felix Hart, directly behind him, as Priest and Tuttle quickly joined them.
“Okay, gentlemen,” said Abrahams, “what’s the look of the defense counselors to be-cheerful confidence? Remorseless concentration? Benign aloofness?”
“Unalleviated terror,” said Hart with a grin.
“Well, if you’re going to quake, Felix, restrict it to your boots, not your jowls. Set, Walter? You ready, Joel? Swell-”
Abrahams turned around just as the police and page boys parted for the hurrying Secretary of the Senate. He stopped short breathlessly at the sight of Abrahams.
“We couldn’t hold back,” Abrahams said with a smile. “We’re raring to go.”
The Secretary did not smile. He beckoned them with his hand. “This way, gentlemen.”
Nat Abrahams walked into the Senate, followed closely by Tuttle, then Priest, with Hart bringing up the rear. Abrahams directed his gaze to the back of his escort’s neck, trying to avoid any and all of the almost two thousand pairs of eyes following his progress past the senators at their desks. He came to a halt, arms stiffly at his sides, while his three colleagues formed a group around him.
The Secretary of the Senate announced the appearance of the defense managers, and identified each of them aloud by name. When he had finished and returned to his first-level chair, the Chief Justice squinted down at Abrahams.
“You are the authorized counsel retained by the President?”
“We are, Mr. Chief Justice,” replied Abrahams. He extracted a document from his left coat pocket, and unfolded it. “I have here, Mr. Chief Justice, President Dilman’s authority to enter his appearance which, with your permission, I shall read.”
“Proceed.”
Abrahams read aloud, “ ‘Mr. Chief Justice. I, Douglass Dilman, President of the United States, having been served with a summons to appear before this honorable court, sitting as a court of impeachment, to answer certain Articles of Impeachment found and presented against me by the House of Representatives of the United States, do hereby enter my appearance by my counsel, Nathan Abrahams, Walter T. Tuttle, Joel B. Priest, and Felix Hart, who have my warrant and authority therefor, and who are instructed by me to ask of this honorable court that they fully represent me in this court of impeachment. Signed, Douglass Dilman.’ ”
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