Congress, before adjourning in 1866, passed a tenure-of-office
act,--overriding in this, as in other legislation, the President's veto.
The motive was to prevent the President from using the patronage to
strengthen his policy. This act required the President to make report to
the Senate of all removals during the recess, with his reasons therefor.
All appointments to vacancies so created were to be _ad interim_
appointments. If the Senate disapproved of the removals, the officer
suspended at once became again the incumbent. Severe penalties were
provided for infraction of the law. During the recess the President
removed Stanton, and appointed General Grant to be Secretary of War.
Grant did not desire the office, but under advice accepted it, lest a
worse thing for the country might happen.
Johnson hoped to win Grant to his side, and in any event to use him in
his strife with Congress to defeat the purpose of the law. While the
Senate had Stanton's case under consideration in January, 1867, Grant
was called into a cabinet meeting and questioned regarding what he would
do. He said that he was not familiar with the law, but would examine it
and notify the President. The next day he notified him that he would
obey the law. Therefore, when the Senate disapproved of the reasons
assigned for the removal of Stanton, Grant at once vacated the office,
to the intense mortification and anger of the President, who made a
public accusation that Grant had promised to stay in office and oppose
Stanton's resumption of it.
The charge made a great scandal, but it did not seriously impair
Grant's good repute. Johnson was not believed, and the testimony of the
members of his cabinet, regarding what happened, was so conflicting that
it failed to convince anybody who did not seek to be convinced.
There is reason to believe that Johnson never contemplated retaining
Grant in the office, except to use his name and fame to break down the
tenure-of-office act. General Grant's plain common sense delivered him
from the snare spread for him by wily and desperate politicians. On
February 3, he closed an unsatisfactory correspondence with President
Johnson, with these severe words: "I can but regard this whole business,
from the beginning to the end, as an attempt to involve me in the
resistance of law, for which you hesitated to assume the responsibility
in orders, and thus to destroy my character before the country. I am, in
a measure, confirmed in this conclusion by your recent order, directing
me to disobey orders from the Secretary of War, my superior and your
subordinate, without having countermanded his authority to issue the
orders I am to disobey."
Public-domain text, read in full here on John Shaqi.
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