A 1913 headline many would like to see in 2021

[WILLIAM SULZER FOUND GUILTY = WILL BE REMOVED, BUT NOT DISQUALIFIED Rochester Democrat and Chronicle, Oct 17, 1913]

On October 17th, 1913, Rochestarians opened the Democrat and Chronicle to read that New York Governor William Sulzer was convicted at his state senate impeachment trial, and removed from office. Unanimously, the Senate did not vote for Sulzer’s disqualification from future office.

This weekend, we are very likely to not see a similar D & C headline; almost surely former President Trump will be acquitted in his senate impeachment trial. And if somehow convicted, Trump, unlike Sulzer, would almost certainly be disqualified (although a few did advocate a compromise in which Trump is convicted to set a constitutional precedent but not disqualified to avoid the appearance of partisan vindictiveness).

UPDATE: The D & C 2/14/12 headline

Concurrently, we are hearing calls that Governor Andrew Cuomo should be impeached for his potential role in covering up unreported covid deaths in nursing homes. Impeaching and removing Cuomo is unlikely, but his detractors no doubt would like to read the kind of headline blared by the D & C in 1913.

Photo: Mike Groll/Office of Governor Andrew M. Cuomo from “Could Cuomo be impeached? It’s only happened once in New York history, and past governors have survived plenty of controversies.” (City & State New York 2/12/21)

In the history of New York, Sulzer is the only Governor to be impeached — for embezzling his own campaign funds for personal use after serving fewer than 10 months in office. Historian Jack O’Donnell, author of Bitten by the Tiger  - The True Story of Impeachment, The Governor & Tammany Hall (2013), argues that the state’s impetus for ousting the governor was more of a fight for political power as Sulzer clashed with Tammany Hall from the very beginning of his term.

While the circumstances of Trump and Sultzer are very different, the headlines and reports of the D & C would look familiar today — although “horse thief” might be updated to “carjacker.”

Oct 18, 1913. GLYNN HAS NO ASPIRATION TO BE LEADER-IS CONTENT TO BECOME THE GOVERNOR Two Features, Unique in History of State, Mark His Inauguration. NO TIME FOR CONGRATULATIONS, HE ADMONISHES WELL-WISHERS Oath of Office Administered for the First Time by Chief Judge of Court of Appeals-Glynn Not in Capitol When Sulzer Was Removed. Will Insist Upon Economical, Clean, Orderly and Efficient Transactions-Promises Many Changes in State Officials. SULZER APPEALS FROM ‘BOSS MURPHY’S COURT OF INFAMY’ TO HIGH COURT OF OPINION Issues Scathing Denunciation of Impeachment Managers’ Methods. REMOVED BY VOTE OF 43 TO 12. PLANS TO LEAVE ALBANY SUNDAY ‘Good, I Think You’ Is Ousted Executive’s Only Comment When Served With Order of Removal-Impeachment Court in Session But an Hour-Judge Cullen Sticks to Accused Man Until the Last, Excused from Casting Final Vote-Sulzer Quits a Poorer Man

During Trump’s tenure, we heard the term “political lynching.”

As described by Wikipedia, Sulzer’s impeachment and trial were filled with twists and turns:

“In May 1913, the state legislature established a Joint Committee to investigate the financial conduct of state institutions, chaired by Senator James J. Frawley, a loyal Tammany Hall Democrat. In the summer of 1913 this committee, using Tammany-provided information, accused Sulzer of diverting campaign contributions to purchase stocks for himself and perjuring himself under oath. Sulzer and his supporters averred that the charges were made under instructions from Murphy in order to remove Sulzer as an obstacle to Tammany Hall. Many historians have corroborated Sulzer’s version of events. Sulzer also questioned the constitutionality of the committee itself. But as evidence emerged regarding his use of campaign funds, he began to lose the support of the national Democratic Party.

NYS Governor William Sulzer (Albany Times Union)

On August 11, 1913, the Frawley committee announced its findings to the state legislature, and moves began towards impeachment, managed by Tammany Hall’s legislative leaders, Al Smith and Robert Wagner. Sulzer’s only support came from Progressive legislators, who were too few to slow the process down. Over the next two days, Sulzer attempted to obstruct the impeachment at every turn but was powerless to stop it, as Smith and Wagner maintained control of their respective houses.

Oct 08, 1913. At the trial, the prosecution argued that Sulzer was obstructing justice when he tried to halt the proceedings.

In a last-minute attempt to prevent impeachment, the Governor’s wife admitted to having been responsible for the theft of campaign funds. The Governor’s allies attempted to postpone proceedings based on the new evidence, but were unsuccessful and the decision came to a vote.

Aug 15, 1913. The accompany article says, Meanwhile the Governor’s wife, who is expected to be tire star witness at his trial lay ia a critical condition in the executive mansion. Her nervous collapse of yesterday, which was accompanied by hysteria, grew so serious this morning that the Governor sent to New York for two more specialists. Mrs. Sulzer had a high temperature and a rapid pulse during most of the day.

On August 13, the New York Assembly voted to impeach Governor Sulzer by a vote of 79 to 45. Sulzer was served with a summons to appear before the New York Court for the Trial of Impeachments, and Lieutenant Governor Martin H. Glynn was empowered to act in his place pending the outcome of the trial.

Aug 13, 1913

However, Sulzer maintained that the proceedings against him were unconstitutional and refused to hand over power to Glynn. Beginning August 21, Glynn began signing documents as “Acting Governor” despite Sulzer’s refusal.

Jan 02, 1913. After the breech between Sulzer and Glynn, in the 1914 New York state election, Sulzer organized the American Party as a spoiler, to defeat Glynn, his former lieutenant governor who had succeeded him as governor and was running for re-election. Sulzer received 8.77% of the vote, contributing to Glynn’s eventual loss.

On September 18, Sulzer’s trial before the Impeachment Court began in Albany. Sulzer called upon Louis Marshall to head his defense team; Marshall agreed but confided in his wife that he was not enthusiastic about the outcome.The trial did not go well; Sulzer did not even testify in his own defense.

19 Sep 1913. Similar to Trump’s trial,in 1913 Sulzer’s defense claimed the trial was unconstitutional; like Trump, Sulzer decline appearing at the trial.

26 Sep 1913 (right) This photograph shows Jacob Schiff as he appeared in the witness chair before the High Court of Impeachment on Wednesday that William Sulzer had requested him for a larger contribution than Mr. Schiff was willing to give.

Sep 26, 1913

On the afternoon of October 16, the court convicted Sulzer on three of the Articles of Impeachment: filing a false report with the Secretary of State concerning his campaign contributions, committing perjury, and advising another person to commit perjury before an Assembly committee.

Oct 16, 1913. The first vote was cast by Rochester Senator George F. Argetsinger, a Republican.

The court voted to remove Sulzer from office. On October 17, 1913, Sulzer was removed by the same margin, a vote of 43–12, and Lt. Gov. Glynn succeeded to the governorship.”

In defeat, Sulzer remained popular with his followers. A crowd of 10,000 gathered outside the Executive Mansion on the night Sulzer and his wife left Albany. As the article says, Sulzer already had lucrative lecture offers.

Oct 19, 1913. SULZER GIVEN OVATION BY A LARGE CROWD PRESENTED WITH LOVING CUP AT THE EXECUTIVE MANSION. BOSS VICTIM, HE SAYS To Leave Albany To-day for Rest at Quiet Resorts. HAS MANY LECTURE OFFERS Promoters Submit Propositions Varying from $ 100,000 for Season Down to $10,000 for a Single Lecture Has Closed No Contracts Yet for Work in Public

In The Boss or the Governor (1914), Samuel Bell Thomas, a New York lawyer who defended Sulzer during his impeachment, provided an exchange between the former governor and the crowd.

Mr. Sulzer: “My friends, this is a stormy night. It is certainly very good of you to come here to bid Mrs. Sulzer and me good-bye.”

A voice from the crowd: “You will come back, Bill, next year.”

Mr. Sulzer: “You know why we are going away.”

A voice: “Because you were too honest.”

Donald Trump and Melania Trump depart from White House. (BBC, 1/20/21) Trump leaves White House vowing ‘we will be back’

Mr. Sulzer: “I impeach the criminal conspirators, these looters and grafters, for stealing the taxpayers’ money. That is what I never did.”

From the crowd: Cheers.

A pro-Sulzer cartoon. From Tammany’s treason, impeachment of Governor William Sulzer; the complete story written from behind the scenes, showing how Tammany plays the game, how men are bought, sold and delivered (1913) by Jay W. Forrest and James Malcom

Mr. Sulzer: “Yes my friends, I know that the court of public opinion before long will reverse the judgement of Murphy’s ‘court of infamy.'”

From the crowd: Cheers.

Mr. Sulzer: “Posterity will do me justice. Time sets all things right. I shall be patient.”

Champion for the American people: Trump sets up post-presidency office in Florida (The Nation, Pakistan)

From the crowd: Cheers.

As Sulzer was not disqualified, he continued his political career.

Just a few weeks after the impeachment, Sulzer was elected on the Progressive ticket to the New York State Assembly. In the Election of 1916, Sulzer was the Presidential nominee of the American Party.

The New York Times, July 23, 1916. William Sulzer. ex-Governor of New York announced her late today that he had agreed to accept the Presidential nomination of the New American Party, which will open Its first National Convention In Minneapolis next. Tuesday. He was its candidate for Governor of New York In 1914.

I’ve been unable to determine how many votes were cast for Sulzer.

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