The United States Since the Civil WarLingley, Charles Ramsdell
History
The United States Since the Civil War
Lingley, Charles Ramsdell
United States -- History -- 1865-1921
Stanton, although of a domineering and brusque personality, had ably
administered the War Department under Lincoln and Johnson. During the
controversy between the President and Congress, Stanton had remained in
the Cabinet but was closely in touch with his chief's opponents and
had even drafted one of the reconstruction acts. Johnson had tolerated
the questionable conduct of his Secretary, despite the advice of many
of his supporters, until August 5, 1867, when he requested Stanton's
resignation. The latter took refuge behind the Tenure of Office Act,
denying the right of the President to remove him, but yielding his
office at Johnson's insistence. This episode had occurred during a
recess of Congress and, in accord with the law, the removal of Stanton
was reported when it convened in December. The Senate at once refused
to concur and Stanton returned to his office. The President now found
himself forced, by what he regarded as an unconstitutional law, into
the unbearable position of including one of his enemies within his
official family, and once more he ordered the Secretary to retire. But
meanwhile the House of Representatives had been active and had on
February 24, 1868, impeached the President for "high crimes and
misdemeanors."
The trial was conducted before the Senate, as the Constitution
provides, the Chief Justice of the Supreme Court acting as the
presiding officer. The House chose a board of seven managers to conduct
the prosecution, of whom Thaddeus Stevens and Benjamin F. Butler were
best known. The President was defended by able counsel, including
former Attorney-General Stanbery, Benjamin R. Curtis, who had earlier
sat upon the Supreme Court, and William M. Evarts, an eminent lawyer
and leader of the bar in New York. The charges, although eleven in
number, centered about four accusations: (1) that the dismissal of
Secretary Stanton was contrary to the Tenure of Office Act; (2) that
the President had declared that part of a certain act of Congress was
unconstitutional; (3) that he had attempted to bring Congress into
disgrace in his speeches; and (4) that in general he had opposed the
execution of several acts of Congress. The President's counsel asked
for forty days in which to prepare their case. They were given ten,
although members of the House had been preparing for more than a year
to resort to impeachment. The trial lasted from early March to late
May.
Public-domain text, read in full here on John Shaqi.
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