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Still more significant and conclusive was the action of both Senate and House on the final passage of the Tenure-of-office Act. That action was based upon the report of a conference committee, of which Mr. Sherman was chairman on the part of the Senate, and General Schenck on the part of the House.
He treated the proposition for suspension as a practical confession that the Tenure-of-office Act "is to be enforced when it will have no practical effect, and is not to be enforced when it would have practical effect." The chief defenders of the proposition to suspend the Act were Mr. Trumbull, Mr. Edmunds, and Mr. Schurz. Mr. Edmunds, pressed by Mr.
That warrant was issued by Judge Carter, Chief Justice of the Supreme Court of the District of Columbia, upon the complaint of Edwin M. Stanton, and charged Thomas with attempting forcibly to seize and take possession of the War Office, in violation of the fifth section of the Tenure-of-Office Act. The warrant was as follows: UNITED STATES OF AMERICA, DISTRICT OF COLUMBIA.
It will be seen that every fact charged in Article 1 is admitted by the answer of the respondent; the intent also admitted as charged; that is to say, to set aside the civil tenure-of-office act, and to remove Mr.
In speaking he referred to the constitutionality of the bill known as the civil tenure-of-office bill, I think, or the tenure of civil office bill; and it was the constitutionality of that bill which he seemed desirous of having tested, and which, he said, if it could be brought before the Supreme Court properly, would not stand half an hour. We also spoke of force. I first stated that if Mr.
Lorenzo Thomas as Secretary ad interim, nothwithstanding the assumed interdiction of the Tenure-of-Office Act. Immediately on receipt of this notification, the Senate went into executive session, and the following proceeding was had: IN EXECUTIVE SESSION Senate of the United States February 21st, 1868
The President further said that the conversation was renewed on the preceding Sunday, at which time he asked the General what he intended to do if the Senate should undertake to reinstate Mr. Stanton; in reply to which the General referred to their former conversation upon the same subject, and said. Stanton would be a violation of the Tenure-of-Office bill.
He attempts to substantiate his statements by his Cabinet. In this view it is important that I should have a letter from you, if you are willing to give it, of what I said to you about the effect of the "Tenure-of-Office Bill," and my object in going to see the President on Saturday before the installment of Mr. Stanton.
Stanton by violence, after refusing to hear either his denial or witnesses in his behalf on that point. No. 27. Defense proposed to prove that the Cabinet had advised the President that the Tenure-of-Office Act did not prevent the removal of those members who had been originally appointed by Mr. Lincoln.
The President expressed great surprise at the course which General Grant had thought proper to pursue, and, addressing himself to the General, proceeded to say, in substance, that he had anticipated such action on the part of the Senate, and being very desirous to have the constitutionality of the Tenure-of-Office bill tested, and his right to suspend or remove a member of the Cabinet decided by the judicial tribunals of the country, he had some time ago, and shortly after General Grant's appointment as Secretary of War ad interim, asked the General what his action would be in the event that the Senate should refuse to concur in the suspension of Mr.
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