The eleventh article embraced the charge of seeking to prevent Stanton
from resuming his office as Secretary of War, but not that of removing
him from it (this to accommodate Sherman and Howe), and a _mélange_ of
all the charges in the preceding articles, ending with a charge that the
President had in various ways attempted to prevent the execution of the
Reconstruction Acts of Congress. Thaddeus Stevens considered it the only
one of the series that was bomb-proof, but the Chief Justice ruled that
the Stanton matter was the only thing of substance in it, the residue
being mere objurgation. The answer filed by the President's counsel set
forth:
First, that the Tenure-of-Office Law, in so far as it sought to prevent
the President from removing a member of his Cabinet, was
unconstitutional; that such was the opinion of each member of his
Cabinet, including Stanton, and that Stanton among others advised him to
veto it;
Second, that even if the law were in harmony with the Constitution the
Secretary of War was not included in its prohibitions, since the term
for which he was appointed had expired before the President sought to
remove him;
Third, that it seemed desirable, in view of the foregoing facts, to
secure a judicial determination of all doubts respecting the rights and
powers of the parties concerned, from the tribunal created for that
purpose; and to this end he had taken the steps complained of, and that
he had committed no intentional violation of law.
In answer to the eleventh article, the defendant said that the matters
contained therein, except the charge of preventing the return of
Stanton to the office of Secretary of War, did not allege the commission
or omission of any act whatever whereby issue could be joined or answer
made. As to the Stanton matter, his answer was already given in the
answer to the first article.
Public-domain text, read in full here on John Shaqi.
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