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Updated: October 19, 2025
Sherman and Howe, and probably other Republicans, which was certain to follow the submission of that Article to a vote. Its only allegation was the unlawful removal of Mr. Stanton from the office of Secretary of War in violation of the Tenure-of-Office Act.
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.
"We offer to prove that the President at a meeting of the Cabinet while the bill was before him for his approval, laid the Tenure-of-office Bill before the Cabinet for their consideration and advice respecting his approval of the bill, and thereupon the members of the Cabinet then present gave their advice to the President that the bill was unconstitutional and should be returned to Congress with his objections, and that the duty or preparing the message setting forth the objections to the constitutionality of the bill was devolved upon Mr.
That is, that the basis of the entire accusation was the alleged violation of the Tenure-of-Office Act in the removal of Mr. Stanton, as recited in the First Article.
General Butler in his argument was evidently troubled by the proviso in the Tenure-of-office Act, that members of the Cabinet should hold their offices "during the term of the President by whom they were appointed, and for one month longer." He sought to anticipate his opponents' argument on this point. "By whom was Mr. Stanton appointed?" asked General Butler. "By Mr. Lincoln.
It will be remembered that the Senate had insisted that officers of the Cabinet should be excepted from the operation of the Tenure-of-office Act, and the House had insisted that they should not be excepted. A compromise was made by the conference committee, the result of which was thus explained to the Senate by Mr.
Sherman and Howe several days before the vote was taken on the Eleventh Article, when they pointed out the fact that the language cage of the first section of the Tenure-of-Office Act clearly excepted, and was intended by the Senate, to except Mr. Stanton and all other persons then in Mr. Johnson's Cabinet who had been originally appointed by Mr. Lincoln and were still holding over under Mr.
The following is a brief extract from his very long and labored argument, and relates to the Tenure-of-Office Act: It is a new method of ascertaining the meaning of a law, plain upon its face, by resorting to legislative discussions, and giving in evidence opinions affected by the law. As a matter of fact; it is well known the act was intended to prevent the very thing Mr.
Lincoln in his second term, it is argued that his term expired one month after the passage of the Tenure-of-Office Act, March 2nd, 1867, for the reason that Mr. Lincoln's term expired at his death. This is false reasoning; the Constitution fixed the term of the President at four years, and by law the commencement of his term is the 4th of March. Will it be said that when Mr.
Johnson's right to which cannot with any possible showing of fairness be successfully disputed, were Republicans, and after so voting, at the close of the trial, declared by their several verdicts that he had been fairly proven guilty of a high misdemeanor in office, by violation of the Tenure-of-Office Act in seeking a judicial determination of the validity of a disputed Act of Congress, and should be expelled from office.
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