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Updated: October 19, 2025
Stanton would have no effect, unless it was to incur further his displeasure; and, therefore, did not directly suggest it to him. I explained to him, however, the course I supposed he would pursue, and what I expected to do in that case, namely, to notify the President of his intentions, and thus leave him to violate the "Tenure-of-Office Bill" if he chose, instead of having me do it.
It is therefore recommended that an act be passed defining the relations of members of Congress with respect to appointment to office by the President; and I also recommend that the provisions of section 1767 and of the sections following of the Revised Statutes, comprising the tenure-of-office act of March 2, 1867, be repealed.
Stanton was present, held while the Tenure-of-office Bill was before the President for his approval, the advice of the Cabinet in regard to the same was asked by the President and given by the Cabinet, and thereupon the question whether Mr. Stanton and the other Secretaries who had received their appointment from Mr.
Article 2 charges that the President, without authority of law, on the 21st of February, 1868, issued letter of authority to Lorenzo Thomas to act as Secretary of War ad interim, the Senate being in session, in violation of the tenure-of-office act, and with intent to violate it and the Constitution, there being no vancancy in the office of Secretary of War.
Stanton's refusal to resign, the President on the 12th of August suspended him from the Secretaryship of War under the power conferred by the Tenure-of-office Act, and added in a note to him: "You will at once transfer to General Ulysses S. Grant, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers and other public property now in your custody and charge."
Gideon Welles, Secretary of the Navy, on the stand, to prove that the Cabinet had advised the President to veto the Tenure-of-Office Bill as unconstitutional. The Chief Justice ruled the testimony admissible for the purpose of showing the intent with which the President had acted in the transaction. Prosecution objected, and by a vote of 20 to 29, the decision of the Chief Justice was overruled.
Supposing they had some special matters of business, I withdrew, with the remark that I was close at hand, and could come in at any moment. In the afternoon I went again into Mr. Stanton's office, and we had a long and most friendly conversation; but not one word was spoken about the "tenure-of-office" matter.
In defiance of the letter and spirit of the Tenure-of-office Act he had removed the Secretary of War from office. He had done this under circumstances of peculiar aggravation, because the Senate had passed upon all his reason therefor when the question of Mr.
Such a legislative proceeding cannot be too strongly characterized. But the popular understanding among Democrats and Republicans alike was that the Tenure-of-office Act had been destroyed, and that Mr. Trumbull's technical construction of the amendment was made merely to cover the retreat of the Senate.
As stated, the principal averment against the President, was his alleged violation of the Tenure-of-Office Act in the removal of Mr. Stanton from the office of Secretary of War, presented in various phases throughout the Articles of Impeachment.
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