History of the Impeachment of Andrew Johnson, President of the United States, by the House of Representatives, and his trial by the Senate for high crimes and misdemeanors in office, 1868Ross, Edmund G. (Edmund Gibson)
History
History of the Impeachment of Andrew Johnson, President of the United States, by the House of Representatives, and his trial by the Senate for high crimes and misdemeanors in office, 1868
Ross, Edmund G. (Edmund Gibson)
Johnson, Andrew, 1808-1875 -- Impeachment
Question: Who were present?
Answer: All the Cabinet were present.
Question: Was Mr. Stanton there?
Answer: Mr. Stanton was there, I think, on that occasion.
Question: This civil tenure act was the subject of consideration there?
Answer: It was submitted.
Question: As a matter of consideration in the Cabinet?
Answer: For consultation for the advice and opinion of members.
Question: How did he submit the matter to your consideration?
Mr. Butler objected and demanded that the offer be put in writing.
No. 23.
That the President at a meeting of the Cabinet, while the bill was
before the President for his approval, laid before the Cabinet the
tenure-of-civil-office bill for their consideration and advice to the
President respecting his approval of the bill: and thereupon the members
of the Cabinet then present gave their advice to the President that the
bill was unconstitutional and should be returned to Congress with his
objections, and that the duty of preparing a message, setting forth the
objections to the constitutionality of the bill, was devolved on Mr.
Seward and Mr. Stanton; to be followed by proof as to what was done by
the President and Cabinet up to the time of sending in the message.
After argument the yeas and nays were taken:
Yeas--Anthony Bayard, Buckalew, Davis, Dixon, Doolittle, Fessenden,
Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Patterson
of Tennessee, Ross, Saulsbury, Trumbull, Van Winkle, Vickers, and
Willey--20--9 Republicans and 11 Democrats.
Nays--Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett,
Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe,
Morgan, Morrill of Maine, Morrill of Vermont, Patterson of New
Hampshire, Pomeroy, Ramsay Sherman, Sprague, Stewart, Thayer, Tipton,
Williams, Wilson, and Yates--29--all Republicans.
So this testimony was rejected.
No. 21.
Counsel for Defense offered to prove:
That at the meetings of the Cabinet at which Mr. Stanton was present,
held while the tenure-of-civil-office bill was before the President for
approval, the advice of the Cabinet in regard to the same was asked
by the President and given by the Cabinet, and thereupon the question
whether Mr. Stanton and the other Secretaries who had received their
appointment from Mr. Lincoln were within the restrictions upon the
President's power of removal from office created by said act was
considered, and the opinion expressed that the Secretaries appointed by
Mr. Lincoln were not within such restrictions.
The yeas and nays were ordered, and the vote was:
Yeas--Anthony, Bayard, Buckalew, Davis, Dixon, Doolittle, Fessenden,
Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Patterson of
Tennessee, Ross, Saulsbury, Sherman, Sprague, Trumbull, Van Winkle,
Vickers, and Willey--22--11 Republicans and 11 Democrats.
Public-domain text, read in full here on John Shaqi.
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