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
The Tenure-of-Office Act did not pass without notice. Like other acts,
it was sent to the President for approval. As is my custom I submitted
it to the consideration of my Cabinet for their advice whether I should
approve it or not. I was a grave question of constitutional law, in
which I would of course rely mostly upon the opinion of the Attorney
General, and of Mr. Stanton, who had once been Attorney General.
EVERY MEMBER OF MY CABINET ADVISED ME THAT THE PROPOSED LAW WAS
UNCONSTITUTIONAL. All spoke without doubt or reservation; but MR.
STANTON'S CONDEMNATION OF THE LAW WAS THE MOST ELABORATE AND EMPHATIC.
He referred to the Constitutional provisions, the debates in Congress,
especially to the speech of Mr. Buchanan when a Senator, to the
decisions of the Supreme Court, and to the usage from the beginning of
the Government through every successive administration, all concurring
to establish the right of removal as vested in the President. To all
these he added the weight of his own deliberate judgment, and advised me
that it was my duty to defend the power of the President from usurpation
and veto the law.
During the recess of Congress in the Summer of 1867, the President
suspended Mr. Stanton from the War Office and appointed Gen. Grant
Secretary of War ad interim. Gen. Grant was then understood as
supporting the President in his controversy with Mr. Stanton, and
promptly accepted the appointment, holding it until the following
December, when the change was duly reported to the Senate. The Senate
refused to sanction Mr. Stanton's suspension, and he consequently
resumed his position of Secretary of War and retained it until the close
of the Impeachment trial--the Senate then, in effect, by rejecting the
Impeachment, declaring that the President had the right to remove him.
Very naturally, after Mr. Stanton's restoration to the War Office by the
refusal of the Senate to sanction his suspension, the relations between
himself and the President were embittered and many efforts were made by
mutual friends to induce Mr. Stanton to resign. Conspicuous among these
were Gen. Grant, the General of the Army, and Gen. Sherman, the next in
rank, as shown in the following note from Gen. Sherman to the President;
but a few weeks before the crisis came. It explains itself, as showing
the relations then subsisting between the parties mentioned:
332 K St., Washington, Jan, 18th.
Public-domain text, read in full here on John Shaqi.
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