Return To Private Practice
Upon his resignation, Curtis returned to his Boston law practice, becoming a "leading lawyer" in the nation. During the ensuing decade and a half, he argued several cases before the Supreme Court.
In 1868, Curtis acted as chief counsel for President Andrew Johnson during the impeachment trial. He read the answer to the articles of impeachment, and it was "largely his work." His opening statement lasted two days, and was commended for legal prescience and clarity. He successfully persuaded the Senate that an impeachment was a judicial act, not a political act, so that it required a full hearing of evidence. This precedent "influenced every subsequent impeachment."
After the impeachment trial, Curtis declined President Andrew Johnson's offer of the position of U.S. Attorney General. A highly recommended candidate for the Chief Justice position upon the death of Salmon P. Chase, Curtis did not receive the appointment. He was the unsuccessful Democratic candidate for U. S. senator from Massachusetts in 1874. From his retirement from the bench in 1857 to his death in 1874, his aggregate professional income was about $650,000.
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