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A Rhetorical Analysis of the Speaking of John A. Bingham with Emphasis on His Role in the Trial of the Lincoln Conspirators

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A Rhetorical Analysis of the Speaking of John A. Bingham with Emphasis on His Role in the Trial of the Lincoln Conspirators This dissertation has been 64-6992 microfilmed exactly as received BOGARAD, Allen Boyd, 1935 — A RHETORICAL ANALYSIS OF THE SPEAKING OF JOHN A. BINGHAM WITH EMPHASIS ON HIS ROLE IN THE TRIAL OF THE LINCOLN CONSPIRATORS. The Ohio State University, Ph. B., 1963 Speech, theater University Microfilms, Inc., Ann Arbor, Michigan A RHETORICAL ANALYSIS OF THE SPEAKING OF JOHN A. BINGHAM WITH EMPHASIS ON HIS ROLE IN THE TRIAL OF THE LINCOLN CONSPIRATORS DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Allen Boyd Bogarad, B, A,, M. A, The Ohio State University 1963 Approved by Adviser Department of Speech ACKNOWLEDGMENTS I wish to express my indebtedness to those who helped make this work possible: to Dr. Paul A. Carmack whose advice, encouragement, an.d patience were never ceasing; to Dr. Franklin Knower and Dr. Keith Brooks who read the manuscript; to Milton Ronsheim of the Cadiz Republican for the use of Bingham’s papers; to many librarians, lawyers, and my colleagues for their assistance and criticism; to my infant son, Leonard, who remained unruffled by his father's frenetic activity; and most important, to my wife, Carley, 11 TABLE OP CONTENTS Page ACKNOWLEDGMENTS..................................... 11 INTRODUCTION . , ............................... 1 Chapter I. THE DEVELOPMENT OF A S P E A K E R ................ 3 Franklin College Orator Courtroom and Campaign Speaker Congressional Debater Basis for Successful Speaking Speech Philosophy II. THE TRIAL BEGINS ........................... 27 A Murder Is Investigated Judges on The Bench Obstacles for The Accused Bingham Debates Ben Butler Duties of The Judge Advocate III. CROSS-EXAMINATION AND D E B A T E ............... 61 The Charge against The Prisoners The Sophistry Continues Floating Evidence Advantages Protected Bingham and Ewing Clash IV. THE SPEECH: ON JUR I S D I C T I O N.......... .. 95 Audience Attitude and Courtroom Atmosphere The Legality of The Court Is Challenged Bingham Answers Johnson and Ewing Ex Parte Milligan V. THE SPEECH: ON CONSPIRACY ......... 12? Bingham Clouds The Issue Arguments against The Accused 111 iv Chapter Page VI. RHETORICAL CONSIDERATIONS SU]!5MARIZED .... 17%. Hunting Ground for False Enthymemes Pathos and The Prosecutor BÏnghâni’s Use of Language Ethical Appeals and The Advocate's Character In Perspective VII. CONCLUSIONS .............................. 206 BIBLIOGRAPHY ............................ 209 AUTOBIOGRAPHY................................ 21? INTRODUCTION In his book. Oratory- Sacred and Secular, or The Extemporaneous Speaker, William Pittenger selected John A. Bingham of Cadiz, Ohio as the finest specimen of the extem­ poraneous speaker of that generation,^ Bingham’s reputation as a dynamic orator was, in that era, as well-known as is his name forgotten in this one. The mention of John A, Bingham brings--at best— only faint recognition from the 2 most serious scholars of American Public Address, Chosen as chief manager in the impeachment proceed­ ings of Johnson, Special Judge Advocate in the trial of Lincoln’s assassins, architect of the Fourteenth Amendment, Minister to Japan for twelve years. Congressman for eighteen years, today Bingham is relatively unknown. The lessons of his speaking and philosophy of speech, however, are too important to go unnoticed. He was a speaker, just that, and one whose sense of values chased relentlessly, but unsuccessfully his too quick tongue, ^William Pittenger, Oratory Sacred and Secular, or The Extemporaneous Speaker (New York: IbbB), p, 159, P Earl W, Wiley, an exception, in his paper "State History and Rhetorical Research" on page five does speak of Bingham's uncanny skill in running debate and in extempora­ neous speaking and gives note to Bingham's "closing argu­ ments in the prosecution of the assassins of Lincoln and in the impeachment proceedings against Johnson," The purpose of this study, then,is to examine the speaking of John A. Bingham. To this end, primary emphasis will be placed upon his role in the trial of the Lincoln ’’assassins.” This trial was crucial to his political life. More important, however, for the rhetorical critic, it provides the basis for understanding Bingham’s methods and evaluating his entire speaking career. CHAPTER I THE DEVELOPMENT OF A SPEAKER Franklin College Orator Born in Mercer, Pennsylvania in l8l^, reared in Cadiz, Ohio in the home of his uncle, schooled in Cadiz and later at the Mercer Academy, Bingham received his rhetorical training at Franklin College in New Athens, Ohio, A cata­ logue from this institution shows the curriculum at that time was steeped heavily in the then popular classical edu­ cation.^ In his freshmen year, Bingham studied Virgil and Horace, Cicero's select orations, English Grammar, Roman Antiquities, Ancient Geography, Greek Grammar, Arithmetic Revised and Algebra as far as Quadratics, His schedule for the sophomore year contained the Greek New Testament, Graeca Minora, Neilson's Greek Exercises, Jamison's Elements of Rhetoric, Graeca Majora, Grecian Antiquities, and Alge­ bra, His familiarity with the classical rhetorics, the heavy influence on style, and a continued curriculum which - was to include Blair and Campbell taught him to respect classical education generally and rhetorical theory specifi­ cally, ^Franklin College Bulletin. I8 3 8 , The Ohio State Historical and Archaeological Society Museum, It was not only from his more formal studies at Franklin, however, that he was to come to know and under­ stand the concepts of Platonic and Aristotelian rhetoric, Cicero and his contemporaries, and Quintilian; for the school, in keeping with the times, maintained two highly competitive and excellent literary societies. W, G,- Shot- well, an acquaintance of Bingham in later life, described the college, its oratorical training, and literary societies in his delightful book. Driftwood; Franklin College, where he received all the oratorical education he ever had was a small college, perhaps never, during those years, able to number a hundred students in its enrollment, with usually no more than four in its faculty or board of instructors. But the instruction was thorough; and the surroundings were good. It was in a highly moral community, made up of Scotch Covenantors and Presbyterians with some Meth­ odists and a few Quakers. And the college had two ex­ cellent literary societies, between which was a strong rivalry. And as the number of members was small, all were expected and, indeed, required under the penalty of e small fine, to participate in the performances. There were classes in declamation, essay, oration, and debate; and the members of the society were divided, by a programme committee, into the different classes. So that the art of public speaking was cultivated assiduously, in the societies, as Latin and Greek, in the College, and perhaps even more successfully. Visi­ tors were always welcome to the society meetings and were encouraged to come, so that there was usually a well-filled hall. And there was a public performance given at the end of the first College term of the year, the societies annually alternating in this, and, of course, putting forward their best members. At the end of the second term, there was a public contest between the two societies, in which each was represented on all the four classes,— declamation, essay, oration, and de­ bate. While at the end of the third and last term of the year there was the Commencement. As the number of graduates was usually small, the societies were asked to fill up the commencement programme so that each term closed with an oratorical exhibition; and thus the students had ample opportunities for the cultivation and exhibition of their talent for public speaking. It was, indeed, a rare opportunity for a young man, like Bingham, of natural parts; and he was careful to improve it. Courtroom and Campaign Speaker Bingham’s academic career ended in 1837 "owing to ill-health."3 He began the study of law, taught school in Pennsylvania briefly, and returned to Cadiz to be admitted to the bar. His uncle was associate judge in the county; and the bar could boast of such men as Beebe, Dewey, Shot- well, and Estep. Also popular in Harrison and Jefferson county judicial proceedings at the time was Edwin M. Stan­ ton. There developed between Stanton and Bingham a friendly rivalry and an association which lasted even through the great debates of Reconstruction, but which, for now, found fruition in the Harrison campaign of l6ij.O. The two had a political debate at Wintersville which "broke up in a row. It was renewed again at nearby TJnionport. Of course, the outcome was unsatisfactory, "each man claiming the victo­ ry. "5 Bingham himself gave an account of this meeting some years later: A committee of three on each side arranged the preliminaries, and the debate was held at Mintersvllle, G. Shotwell, Driftwood, Being Papers on. Old-Time American Towns and Some Old People (New York: 19^7)* ' pp: ^ 3lbid.. p. 179. ^Ibid., p. I8l. ^Ibid. before an immense crowd, in a grove. I charged Van Buren, Stanton’s candidate, with having violated the U.S. Constitution, Almost everything was reduced to a Constitutional question in those days. I read from a pocket edition I carried, the article violated. Stanton had an hour to open; and I followed for an hour and a half; and then he closed in half an hour. He used a ponderous volume of State Papers, having a copy of the Constitution on the back of it. And he read his copy, denouncing mine as spurious. But he skipped a line in reading it; and when he closed I had no right to reply. But I was mad and I got on a chair on the platform and charged him with skipping the line and challenged him to another debate. He said he had to go to Virginia, just across the river, on business on the day I mentioned and could not meet me then.
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