“It is not the fourth Article, as my distinguished opponent has stated, that stands as the gravest charge and the one most crucial to the welfare of our government and our democracy. No, gentlemen, it is the fifth Article of indictment against our President, the covert, hushed fifth Article, unannounced, unwritten, unmentioned yet in this judicial court, that pervades the atmosphere of this Chamber, that dominates this trial, and that exists as truly as if it had been made public from the first-it is this Article, I submit, that is and shall be the head and heart of the House’s case against our President, and the disposition of which shall affect the future existence of our democracy most seriously.

“This vaporous, invisible, elusive Article V, if the opposition had possessed the courage to set it down in writing against President Dilman, would have read as follows: ‘That said Douglass Dilman, President of the United States, at Washington, in the District of Columbia, unmindful of the high duties of his office, of his oath of office, and in violation of the Constitution, did irresponsibly, and without regard for the will of the majority of the public and its elected legislators, accept the high office of the Presidency, despite his origin and color. And said Douglass Dilman, President of the United States, did then and there commit high crime and misdemeanor by daring to undertake his duty as Chief Executive and perform as President, while knowing that in the eyes of zealots and bigots he was unqualified and unfit for leadership because he was of the Negro race, and therefore not a full citizen but a second-class citizen, and therefore semiliterate, shiftless, mentally arrested, socially inferior, addicted to whiskey and violent behavior, possessed of unnatural inherited desires, if not to marry, then at least to molest daughters of Caucasians, and contemptuous and sullen in his determination not to know his rightful place and in his refusal to serve his racial betters.’ ”

Nat Abrahams could hear the vocal storm rising before him, around him, the legislators barking their indignation, or pounding their desks, the lung-filling intake of shock followed by scattered outbreaks of applause from the galleries, the enraged protests from the House managers’ table.

He tried to go on. “Gentlemen!” he cried out over the tumult. “This unannounced Article, I submit, is what lies behind the announced four Articles, colors them, shades them in the hue of darkness, and unless this fifth indictment of President Dilman is brought into the open and aired, and considered by honest and courageous men, there can be no justice done in the impeachment trial of Douglass Dilman!”

He wanted to say more, but he could hardly hear his own voice now over the hubbub, and so he stopped and waited for what would happen next.

Chief Justice Johnstone’s gavel smashed down three times, and the sounds of it were as deafening as a cannonade, and at once the tumult receded, settled into order, except for a pocket of continuing protest at the rear of the Chamber.

Then Abrahams realized that Senator Hoyt Watson, gray hair disheveled, string tie out of line, was standing, arm aloft, attempting to hail the chair.

“Mr. Chief Justice! Mr. Chief Justice!” Senator Watson roared. “Objection! I submit a question on a point of order!”

At last, the room fell silent.

“The chair recognizes the honorable Senator on a point of order,” Chief Justice Johnstone announced. “Your inquiry, Senator?”

“Mr. Justice, we have just been subjected to the most insolent performance I have ever been witness to in my many years on this floor. That Mr. Manager Abrahams, on behalf of the President, should dare to insult our intelligence, impugn our integrity, by implying that we fly under false colors, that the four Articles under consideration are lies created to mask some horrendous racial plot, that he should dare assail the honesty and human decency of the Senate of the United States, and the House as well, by charging that we want that miscreant Dilman out of the White House because he is black, and not because he is incompetent, offends me, offends every one of us, beyond conceivable expression… Mr. Chief Justice, I demand that the manager’s offensive grandstanding tirade be stricken from the records forever. I suggest that he be reprimanded by the chair for attempting to convert this august Chamber into a Turnerite meeting hall. I demand that he not be permitted to discuss again his ludicrous and inciting fifth Article, this rabble-rousing figment of his imagination, at the pain of being ordered to withdraw from the case and from this Chamber for the remainder of the trial. I trust, Mr. Chief Justice, that you will instruct Manager Abrahams to confine himself strictly to a discussion of the evidence against his client that is known, that exists, that is the subject of this impeachment trial, and if he should arrogantly persist in disobeying, that he be held in contempt of court!”

As the flushed Senator sat down, his colleagues and the House members crowned him with a smashing round of applause.

Nat Abrahams had turned to the bench. “Mr. Chief Justice-”

Chief Justice Johnstone nodded. “What say you to the objection, Mr. Manager Abrahams?”

“It was not my purpose or intent to incite or inflame through demagoguery, or to imitate the manner and method of the opposition,” said Abrahams calmly. “I submit, Your Honor, that it is President Dilman’s difference of color that has antagonized his opposition, and inspired them to build their cleverly diverting Articles of Impeachment. I submit that the President’s color will in turn color and affect the mind of every prosecution witness, and a majority of the jurors, and largely to the detriment of my client. I submit this is the real hard-core issue, and no mere figment of my imagination. I stand prepared to offer concrete evidence in the form of affidavits-signed editorials from newspapers, speeches in the Congressional Record, off-the-record statements made by biased Senators-to prove that the President’s color is the central issue of this trial. I am prepared to contend with the four Articles as voted, to fight them with all my heart and soul, but I suggest that they are windmills, Your Honor, and that the real dragon to be slain is racial prejudice. I beg your leave to be permitted to speak further, with as much restraint as possible, and when it is appropriate, on this invisible Article of indictment.”

Chief Justice Johnstone huffed, gathered his judicial robe around him, and looked past Abrahams toward Senator Hoyt Watson.

“The Senator’s objection is sustained,” he announced. He peered down at Abrahams. “The counsel will not allude to a fifth Article again in this trial, but devote himself solely and entirely to the four Articles before this court. Proceed as directed, Mr. Manager!”

Abrahams tried to accept the rebuke graciously. Turning his head from the bench, he could see his three associates watching him, and while their faces remained phlegmatic, there was applause in their eyes.

Slowly, Abrahams continued around until he was once more face to face with the Senate. Legally, his accusation was stricken, but in fact the entire nation had heard his charge, and now it was a living issue that would hang over the conscience of every man in the days to come. If he could no longer allude to the fifth Article, it was nonetheless now made visible for all to see and reckon with. Officially, the color prejudice against President Dilman had been segregated from this hostile and limited Chamber, but now it ran rampant across the breadth of the broad country.

By his reckless offensive into the exposed high ground of truth, Abrahams decided, he had lost hard votes for Doug Dilman as a President on trial for impeachment, but perhaps he had won something more important for Doug Dilman as a man. He hoped that his choice of tactic had been the right one, and that Doug would, somehow, understand.


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