When the bill came before the House, a motion was made to strike out
this exception, and it was at first negatived by a majority of four.
Subsequently the motion was renewed and carried, but the Senate refused
to concur. The differences between the two houses were referred to a
committee of conference of which Sherman was a member. He had been
extremely resolute heretofore in opposing the attempt to include members
of the Cabinet, because he held that no gentleman would be willing to
remain a member after receiving an intimation from his chief that his
services were no longer desired. To this Senator Hendricks replied that
it was not a question of getting rid of a _gentleman_, but of a man of
different stamp, who might be in the Cabinet and desire to stay in. "The
very person who ought to be turned out," he said, "is the very person
who will stay in." The Conference Committee reported the following
proviso, which was adopted by both houses:
That the Secretaries of State, of the Treasury, of War, of the
Navy, and of the Interior, the Postmaster-General, and the
Attorney-General shall hold their offices respectively for and
during the term of the President by whom they may have been
appointed and for one month thereafter, subject to removal by
and with the advice and consent of the Senate.
Senator Doolittle, who opposed the bill _in toto_, pointed out that it
did not accomplish what it aimed at: that is, it did not prevent the
President from removing the Secretary of War. He showed that Stanton had
never been appointed by Johnson at all. He was merely holding office by
sufferance. The term of the President by whom he was appointed had
expired and the "one month thereafter" had also expired; therefore, the
proviso reported by the Conference Committee was futile to protect him.
Sherman replied that the proviso was not intended to apply to a
particular case or to the present President, and that Doolittle's
interpretation of the phrase as not protecting Stanton in office was the
true interpretation. He added that if he supposed that Stanton, or any
other Cabinet officer, was so wanting in manhood and honor as to hold
his office after receiving an intimation that his services were no
longer desired, he (Sherman) would consent to his removal at any time.
This declaration committed Sherman in advance to a definite opinion as
to the President's right to remove Stanton whenever he pleased.
The bill passed with the clause above quoted, all the Republican
Senators present voting for it except Van Winkle and Willey, of West
Virginia. Trumbull was recorded in the affirmative.
Public-domain text, read in full here on John Shaqi.
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