At the first Cabinet meeting of February 26, the bill was considered,
and all the members thought that it ought to be vetoed. "Stanton was
very emphatic," says Welles, "and seemed glad of an opportunity to be in
accord with his colleagues." (He had previously given his sanction to
the Stevens Reconstruction Bill in opposition to his colleagues.) The
President said he would be glad if Stanton would prepare a veto or make
suggestions for one. Stanton pleaded want of time. The President then
turned to Seward, who said that he would undertake it if Stanton would
help him. This was agreed to, and the veto (based on the ground of
unconstitutionality) was prepared and submitted by them at the Cabinet
meeting of March 1. Stanton must have been aware of the colloquy between
Sherman and Doolittle in which his name was mentioned, and he probably
agreed with them in the opinion that he was not protected by the
Tenure-of-Office Act. If he had thought differently he would hardly have
favored the veto, or joined with Seward in writing it. The veto message
was sent in on March 2, 1867, and the bill was passed by two thirds of
both houses the same day.
Few persons at the present time believe that there was any substantial
ground for the impeachment of Andrew Johnson. The unsparing condemnation
of history has been visited upon the whole proceeding, and the commonly
received opinion now is that if the Senate had voted him guilty as
charged in the articles of impeachment a precedent would have been made
whereby the Republic would have been exposed to grave dangers. Trumbull
was one of the so-called "Seven Traitors" who prevented that
catastrophe.
The first session of the Fortieth Congress began on March 4, 1867. The
radical wing of the Republican party had been muttering about
impeachment even earlier, and a resolution had been passed by the House
on the 7th of January preceding, authorizing the Judiciary Committee to
inquire into the official conduct of the President and to report whether
he had been guilty of acts designed or calculated to "overthrow,
subvert, or corrupt the Government of the United States, or any
department or office thereof." On the 28th of February, the committee
reported that it had examined a large number of witnesses and collected
many documents, but had not been able to reach a conclusion and that it
would not feel justified in making a final report upon so important a
matter in the expiring hours of this Congress, even if it had been able
to make an affirmative one. On the 29th of March following, the
committee was instructed to continue its investigation.
Public-domain text, read in full here on John Shaqi.
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