History of the Impeachment of Andrew Johnson [43]
necessary to examine them with a view to make them an occasion of distinct and special objections. Experience, I think, has shown that it is the easiest, as it is also the most attractive, of studies to frame constitutions for the self-government of free States and nations.
But I think experience has equally shown that it is the most difficult of all political labors to preserve and maintain such free constitutions of self government when once happily established. I know no other way in which they can be preserved and maintained except by a constant adherence to them through the various vicissitudes of national existence, with such adaptations as may become necessary, always to be effected, however, through the agencies and in the forms prescribed in the original constitutions themselves. Whenever administration fails or seems to fail in securing any of the great ends for which Republican Government is established, the proper course seems to be to renew the original spirit and forms of the Constitution itself.
Andrew Johnson
The bill was promptly passed in both Houses over the President's veto and became a law.
As pertinent and incident to the history of this controversy, is the communication of the President notifying the Senate of the suspension of Mr. Stanton, Aug. 12, 1867. The President said:
The Tenure-of-Office Act did not pass without notice. Like other acts, it was sent to the President for approval. As is my custom I submitted it to the consideration of my Cabinet for their advice whether I should approve it or not. I was a grave question of constitutional law, in which I would of course rely mostly upon the opinion of the Attorney General, and of Mr. Stanton, who had once been Attorney General. EVERY MEMBER OF MY CABINET ADVISED ME THAT THE PROPOSED LAW WAS UNCONSTITUTIONAL. All spoke without doubt or reservation; but MR. STANTON'S CONDEMNATION OF THE LAW WAS THE MOST ELABORATE AND EMPHATIC. He referred to the Constitutional provisions, the debates in Congress, especially to the speech of Mr. Buchanan when a Senator, to the decisions of the Supreme Court, and to the usage from the beginning of the Government through every successive administration, all concurring to establish the right of removal as vested in the President. To all these he added the weight of his own deliberate judgment, and advised me that it was my duty to defend the power of the President from usurpation and veto the law.
During the recess of Congress in the Summer of 1867, the President suspended Mr. Stanton from the War Office and appointed Gen. Grant Secretary of War ad interim. Gen. Grant was then understood as supporting the President in his controversy with Mr. Stanton, and promptly accepted the appointment, holding it until the following December, when the change was duly reported to the Senate. The Senate refused to sanction Mr. Stanton's suspension, and he consequently resumed his position of Secretary of War and retained it until the close of the Impeachment trial--the Senate then, in effect, by rejecting the Impeachment, declaring that the President had the right to remove him.
Very naturally, after Mr. Stanton's restoration to the War Office by the refusal of the Senate to sanction his suspension, the relations between himself and the President were embittered and many efforts were made by mutual friends to induce Mr. Stanton to resign. Conspicuous among these were Gen. Grant, the General of the Army, and Gen. Sherman, the next in rank, as shown in the following note from Gen. Sherman to the President; but a few weeks before the crisis came. It explains itself, as showing the relations then subsisting between the parties mentioned:
332 K St., Washington, Jan, 18th.
I regretted, this morning, to say that I had agreed to go down to Annapolis, to spend Monday with Admiral Porter. Gen. Grant has to leave for Richmond on Monday morning at 6 o'clock. At a conversation with the General, after an interview wherein I offered to go with him on Monday morning to Mr. Stanton and say it was our joint opinion that he
But I think experience has equally shown that it is the most difficult of all political labors to preserve and maintain such free constitutions of self government when once happily established. I know no other way in which they can be preserved and maintained except by a constant adherence to them through the various vicissitudes of national existence, with such adaptations as may become necessary, always to be effected, however, through the agencies and in the forms prescribed in the original constitutions themselves. Whenever administration fails or seems to fail in securing any of the great ends for which Republican Government is established, the proper course seems to be to renew the original spirit and forms of the Constitution itself.
Andrew Johnson
The bill was promptly passed in both Houses over the President's veto and became a law.
As pertinent and incident to the history of this controversy, is the communication of the President notifying the Senate of the suspension of Mr. Stanton, Aug. 12, 1867. The President said:
The Tenure-of-Office Act did not pass without notice. Like other acts, it was sent to the President for approval. As is my custom I submitted it to the consideration of my Cabinet for their advice whether I should approve it or not. I was a grave question of constitutional law, in which I would of course rely mostly upon the opinion of the Attorney General, and of Mr. Stanton, who had once been Attorney General. EVERY MEMBER OF MY CABINET ADVISED ME THAT THE PROPOSED LAW WAS UNCONSTITUTIONAL. All spoke without doubt or reservation; but MR. STANTON'S CONDEMNATION OF THE LAW WAS THE MOST ELABORATE AND EMPHATIC. He referred to the Constitutional provisions, the debates in Congress, especially to the speech of Mr. Buchanan when a Senator, to the decisions of the Supreme Court, and to the usage from the beginning of the Government through every successive administration, all concurring to establish the right of removal as vested in the President. To all these he added the weight of his own deliberate judgment, and advised me that it was my duty to defend the power of the President from usurpation and veto the law.
During the recess of Congress in the Summer of 1867, the President suspended Mr. Stanton from the War Office and appointed Gen. Grant Secretary of War ad interim. Gen. Grant was then understood as supporting the President in his controversy with Mr. Stanton, and promptly accepted the appointment, holding it until the following December, when the change was duly reported to the Senate. The Senate refused to sanction Mr. Stanton's suspension, and he consequently resumed his position of Secretary of War and retained it until the close of the Impeachment trial--the Senate then, in effect, by rejecting the Impeachment, declaring that the President had the right to remove him.
Very naturally, after Mr. Stanton's restoration to the War Office by the refusal of the Senate to sanction his suspension, the relations between himself and the President were embittered and many efforts were made by mutual friends to induce Mr. Stanton to resign. Conspicuous among these were Gen. Grant, the General of the Army, and Gen. Sherman, the next in rank, as shown in the following note from Gen. Sherman to the President; but a few weeks before the crisis came. It explains itself, as showing the relations then subsisting between the parties mentioned:
332 K St., Washington, Jan, 18th.
I regretted, this morning, to say that I had agreed to go down to Annapolis, to spend Monday with Admiral Porter. Gen. Grant has to leave for Richmond on Monday morning at 6 o'clock. At a conversation with the General, after an interview wherein I offered to go with him on Monday morning to Mr. Stanton and say it was our joint opinion that he