During that period he made but one argument, when he appeared
in the Supreme Court on the appeal by his client of a patent case, of
which he had had charge from the beginning. From 1863 to 1869 he had
been a member of the 38th, 39th, 40th and 41st Congresses, serving on
the committees on the judiciary and on reconstruction, and being
chairman for a time of the latter body. While representing his
district in Congress Mr. Boutwell gained considerable experience in
the proceedings against President Andrew Johnson, who was impeached for
high crimes and misdemeanors, and he was selected as one of the
managers on the part of the House. In a remarkably brilliant speech
before the House on December 5 and 6, 1867, he maintained the doctrine
that the president and all other civil officers could be impeached for
acts that were not indictable, although the contrary was held by many
eminent lawyers, including President Dwight, of Columbia College, who
wrote a treatise in support of his theory. But the House preferred
articles that did not allege an indictable offence and the Senate
sustained them by a vote of thirty-five to eighteen, one less than the
number necessary for conviction. On April 22 and 23, 1868, Mr.
Boutwell, on behalf of the managers, addressed the Senate, delivering
one of the strongest and ablest arguments on record, and thus
completing, as a lawyer, the most exhaustive labor he ever attempted.
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