Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
By another strict party vote the House authorized the Speaker to
appoint a committee to acquaint the Senate with its resolution to
impeach the President before that body, and another committee to draw
up the articles of impeachment. The Speaker, Mr. Colfax, appointed Mr.
Stevens and Mr. Bingham to constitute the first committee, and Mr.
Boutwell, Mr. Stevens, Mr. Bingham, Mr. Wilson, Mr. Logan, Mr. Julian
and Mr. Ward to constitute the second. This committee immediately set
about its work, and on the 29th was ready to report.
[Sidenote: The withdrawal of Stanton's complaint against Thomas.]
Meanwhile the day for General Thomas to appear in court, February 26th,
arrived. By this time the General had taken legal advice, and the plan
of his counsel was to refuse to give further bail, allow him thus to be
committed to jail, then sue out a writ of Habeas Corpus from a United
States judge, and bring in this way the question of the
constitutionality of the Tenure-of-Office Act to judicial
determination. But Judge Cartter foiled this plan, according to the
word of Judge Luke P. Poland of Vermont, who drew the complaint against
Thomas, by declining to make any further order requiring bail, and on
the same day Mr. Stanton withdrew the complaint, and the case was thus
prevented from reaching the United States courts at all.
[Sidenote: The fear of the Republicans to test the Tenure-of-Office Act
before the courts.]
There is little doubt that the Republicans were afraid to have the
Tenure-of-Office Act tested judicially. They preferred recourse to the
Court of Impeachment to settle the matter so far as President Johnson
was concerned. It is true that Stanton alleged that he brought the case
against Thomas in order to test judicially the right of {175} Thomas to
the office of Secretary of War, and that he withdrew the complaint as
superfluous after the House of Representatives had resolved to impeach
the President, but that may have been a mere legal form of excuse.
[Sidenote: The managers of impeachment.]
Three days after this, as we have seen, the committee charged with
preparing the articles of impeachment reported to the House. They were
debated until March 3d, when they were adopted by a strict party vote,
and the managers to conduct the prosecution were elected. They were
Messrs. Bingham, Boutwell, Wilson, Butler, Williams, Logan and Stevens.
[Sidenote: The charges against the President.]
Disregarding the legal order and form of the eleven articles of
impeachment, we may say briefly that the charges against the President
were:
First, that he violated the Tenure-of-Office Act in issuing an order
deposing Stanton from the office of Secretary of War, and another order
appointing Thomas to the office of Secretary of War _ad interim_.
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