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Updated: October 19, 2025
The prosecution objected to the question being answered, and a vote of the Senate was demanded. The vote was for receiving the testimony, 23; against receiving it, 28. Of the latter number, twenty-seven, all Republicans, voted at the close of the trial to convict the President of violating the Tenure-of-Office Act, in the removal of Mr.
By the provisions of the Tenure-of-office Law the President was under obligation to communicate the suspension to the Senate, with his reasons therefor, within twenty days after its next meeting. He did this in his message of the 12th of December , in which he reviewed with much care the relations between himself and the Secretary of War.
It may be well to mention here the embarrassment possible to arise from leaving on the statute books the so-called "tenure-of-office acts," and to earnestly recommend their total repeal.
Boutwell renewed with vigor the argument that the exception made in the Tenure-of-office Act, in regard to members of the Cabinet, did not give the President power to remove Mr. Stanton. "We maintain," said Mr. Boutwell, "that Mr.
Meantime, in the effort to hamper the President, as far as it was possible for Congress to do, the Tenure-of-Office Act was passed, early in 1867. The ostensible purpose of that Act was to restrict the authority of the President in the selection of his Cabinet advisers, and his power over appointments generally.
The same sentiment did not attach to the Tenure-of-office Law, which indeed was only the cause of subsequent humiliation to all who had taken part in its enactment. It was part of the fixed policy of Mr. Lincoln's administration to increase the number of distinctively free States from that section of the public domain which had never been in any way contaminated by the institution of slavery.
The Secretary read the question as follows: State if, after the 2d of March, 1867, the date of the passage of the tenure-of-office act, the question whether the Secretaries appointed by President Lincoln were included within the provisions of that act came before the Cabinet for discussion; and if so, what opinion was given on this question by members of the Cabinet to the President.
The charges on which the House actually arraigned the President were in substance, that he had violated the Tenure-of-office Act; that he had conspired with Lorenzo Thomas to violate it; that he had consulted with General Emory to see whether, independent of the General-in-Chief, he could not issue orders to the army to aid him in his determination to violate it; and lastly, that he had spoken of Congress in such a manner as tended to bring a co-ordinate branch of the Government into "disgrace, ridicule, hatred, contempt, and reproach."
Answer: I did. Question: Was it made out before you came there, or after, or while you were there? Answer: While I was there. Question: And you then saw it? Answer: I saw it. Question by Mr. Answer: It was about twelve. * Question by Mr. Evarts: Did you become aware of the Tenure-of-office bill, as it is called, at or about the time that it passed Congress? Answer: I was aware of it.
That Committee reported it without delay to the Senate, with an amendment in the form of a substitute. The House bill was a simple repeal in the fewest possible words. The Judiciary Committee now proposed that instead of an absolute repeal, the Tenure-of-office Act "be, and the same is, hereby suspended until the next session of Congress."
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