The Struggle between President Johnson and Congress over ReconstructionChadsey, Charles E. (Charles Ernest)
History
The Struggle between President Johnson and Congress over Reconstruction
Chadsey, Charles E. (Charles Ernest)
Johnson, Andrew, 1808-1875; United States -- Politics and government -- 1865-1869
8. The passage of the bill over the veto placed Johnson in a situation in
which a collision was almost sure to come. As the chief executive of the
country he was charged with the duty of carrying out the provisions of the
reconstruction acts, notwithstanding his strong personal repugnance to
them. Under the advice of Attorney-General Stanbery he had construed the
acts literally, and he had thus frustrated in part the object of the
legislation. But the co-operation of the army was necessary, and
unfortunately for President Johnson, the Secretary of War, Mr. Stanton,
strongly opposed his views, and conducted himself as far as possible in
accordance with the wishes of the congressional majority. The continued
friction between the President and the Secretary of War seemed to
President Johnson to necessitate Stanton's retirement, but repeated hints
to that effect were not recognized by the latter. Finally, on August 5,
1867, the President informed him that "public considerations of a high
character constrained" him to say that his resignation would be accepted.
The Secretary's prompt reply was that "public considerations of a high
character" constrained him not to resign until the next session of
Congress. A week later, August 12, the President formally suspended him
and appointed General Grant Secretary _ad interim_.[188] Stanton then
submitted "under protest to superior force."
When Congress met in December the President reported his suspension of
Stanton, and after long discussion the Senate, on January 13, 1868,
refused to concur.[189] When informed of this action of the Senate,
General Grant immediately turned over the Secretary's office to Stanton,
thus definitely committing himself to the congressional interpretation of
the law. Grant's action was a sore disappointment to the President.
Johnson had refused to accept the Tenure-of-Office Act as constitutional,
and had purposed to make this a test case. In the correspondence which
passed between him and General Grant after the latter's acquiescence in
the action of the Senate, Johnson claimed that it was understood that
Grant was either to refuse to give up the office to Stanton, or, if he
should be unwilling to take so prominent a part in the contest, to resign
and permit the office to be filled with some one whose views agreed with
the President's, so that Stanton, if he sought to regain the office, might
be compelled to resort to the courts. In this way the constitutionality of
the act could be tested. Johnson's statements as to the understanding with
Grant were substantially endorsed by the Cabinet, on the strength of a
conversation between Johnson and Grant at a cabinet meeting. Grant,
however, firmly denied that there was any such agreement or
understanding.[190]
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