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Updated: October 19, 2025
Evarts then offered "to prove that at the Cabinet meetings between the passage of the Tenure-of-office Act and the order of the 21st of February, 1868, for the removal of Mr.
In his remarks on this occasion, after giving a history of the enactment of the Tenure-of-Office law, the first section of which specifically excepts from its operation such members of Mr. Johnson's Cabinet as had been appointed by Mr. Lincoln and still remaining, though not recommissioned by Mr. Johnson, Mr.
Sherman and Howe being precluded from supporting it in consequence of the position taken by them in the controversy between the two Houses of Congress over the first section of the Tenure-of-Office Bill while that bill was pending, and to avoid defeat on the first vote taken, which was inevitable on that Article and also to explain, so far as any explanation is possible, the zig-zag method of conducting the ballot skipping all the first ten Articles and going down to the bottom of the list for the first vote, with the promise of then going back to the first Article and continuing to the end. but, instead, skipping that for the second time, and starting in again on the Second and then the Third.
Article 6 charges that the President conspired with Thomas to seize and possess the property under the control of the War Department by FORCE, in contravention of the act of July 31, 1861, and with intent to disregard the civil tenure-of-office act. Article 7 charges the same conspiracy, with intent only to violate the civil tenure-ofoffice act.
The expenses of the United States, including interest on the public debt, are more than six times as much as they were seven years ago. To collect and disburse this vast amount requires careful supervision as well as systematic vigilance. The system, never perfected, was much disorganized by the "tenure-of-office bill," which has almost destroyed official accountability.
The second count of that article was: Violation of the Tenure-of-Office Act of March 2nd, 1867, in seeking to prevent the resumption by Mr. Stanton of the office of Secretary of War. This clause had been very effectually disposed of by Messrs.
The proviso does not change the general provisions of the Act, except by giving a more definite limit to the tenure-of-office, but the last paragraph of the Act puts the whole question back into the hands of the Senate according to the general intention of the Act, and provides that even the Secretaries are subject to removal by and with the advice and consent of the Senate.
Judge Curtis had maintained with cogent argument that the President was entitled to a judicial interpretation of the Tenure-of-office Law, and his associate counsel, Mr. Evarts, in the progress of the case made this proposition:
I submit to Senators that this is the natural, and, having regard to the character of these officers, the necessary conclusion, that the tenure-of-office of a Secretary here described is a tenure during the term of service of the President by whom he was appointed; that it was not the intention of Congress to compel a President of the United States to continue in office a Secretary not appointed by himself. *
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.
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