On February 21, 1868, President Andrew Johnson removed Edwin Stanton from office as the Secretary of War in violation of the Tenure of Office Act. The Act required the consent of the Senate before the removal of any cabinet officer. Here are the simple words that led to the president’s impeachment.
Hon. EDWIN M. STANTON,
Washington, D.C.
SIR: By virtue of the power and authority vested in me as President by the Constitution and laws of the United States, you are hereby removed from office as Secretary for the Department of War, and your functions as such will terminate upon the receipt of this communication.
You will transfer to Brevet Major-General Lorenzo Thomas, Adjutant-General of the Army, 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.
Respectfully, yours,
ANDREW JOHNSON.
At the same time, Johnson issued this order appointing Thomas Sec. of War:
Brevet Major-General LORENZO THOMAS,
Adjutant-General United States Army, Washington, D.C.
SIR: The Hon. Edwin M. Stanton having been this day removed from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of War ad interim , and will immediately enter upon the discharge of the duties pertaining to that office.
Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge.
Respectfully, yours,
ANDREW JOHNSON.
On December 12, 1867 Johnson explained that he had initially suspended (not removed) Stanton several months earlier after an irreconcilable rift had opened between them over the issue of “Negro suffrage.” Johnson did not believe in the Federal government enforcing the right of black men to vote. Stanton did. Here is what that message said in pertinent part:
As time passed on there was developed an unfortunate difference of opinion and of policy between Congress and the President upon this same subject and upon the ultimate basis upon which the reconstruction of these States should proceed, especially upon the question of Negro suffrage. Upon this point three members of the Cabinet found themselves to be in sympathy with Congress. They remained only long enough to see that the difference of policy could not be reconciled. They felt that they should remain no longer, and a high sense of duty and propriety constrained them to resign their positions. We parted with mutual respect for the sincerity of each other in opposite opinions, and mutual regret that the difference was on points so vital as to require a severance of official relations. This was in the summer of 1866. The subsequent sessions of Congress developed new complications, when the suffrage bill for the District of Columbia and the reconstruction acts of March 2 and March 23, 1867, all passed over the veto. It was in Cabinet consultations upon these bills that a difference of opinion upon the most vital points was developed. Upon these questions there was perfect accord between all the members of the Cabinet and myself, except Mr. Stanton. He stood alone, and the difference of opinion could not be reconciled. That unity of opinion which, upon great questions of public policy or administration, is so essential to the Executive was gone.
I do not claim that a head of Department should have no other opinions than those of the President. He has the same right, in the conscientious discharge of duty, to entertain and express his own opinions as has the President. What I do claim is that the President is the responsible head of the Administration, and when the opinions of a head of Department are irreconcilably opposed to those of the President in grave matters of policy and administration there is but one result which can solve the difficulty, and that is a severance of the official relation. This in the past history of the Government has always been the rule, and it is a wise one, for such differences of opinion among its members must impair the efficiency of any Administration.
Immediately after the firing, Johnson notified the Senate:
To the Senate of the United States:
On the 12th day of August, 1867, by virtue of the power and authority vested in the President by the Constitution and laws of the United States, I suspended Edwin M. Stanton from the office of Secretary of War.
In further exercise of the power and authority so vested in the President, I have this day removed Mr. Stanton from office and designated the Adjutant-General of the Army to act as Secretary of War ad interim.
Copies of the communications upon this subject addressed to Mr. Stanton and the Adjutant-General are herewith transmitted for the information of the Senate.
ANDREW JOHNSON
He is the description of the reaction Congress when the Senate received the president’s message. I like that they just happened to have articles of impeachment laying around.
From:
The Impeachment and Trial of Andrew Johnson
By Michael Les Benedict
Stanton, who had to be anticipating that one day Johnson would try to remove him, was still uncertain about what to do when the inevitable happened:
The Senate reacted to Johnson’s move immediately:
In firing Stanton, Johnson did the unthinkable, he united the Republican Party.
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