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nd 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 should resign; it was found impossible by reason of his going to Richmond and my going to Annapolis。 The General proposed this course。 He will tell you to…morrow and offer to go to Mr。 Stanton to say that for the good of the service of the country he ought to resignthis on Sunday。 On Monday; I will call on you; and if you think it necessary; I will do the samecall on Mr。 Stanton and tell him he should resign。 If he will not; then it will be time to consider ulterior measures。 In the meantime; it also happens that no necessity exists for precipitating measures。
Yours truly; W。 T。 Sherman。
On Saturday; February 23; 1868; the day following the removal of Mr。 Stanton; Mr。 Johnson sent to the Senate the name of Mr。 Thomas Ewing; senior; of Ohio; as his successor。 The Senate had adjourned for the day when the President's Secretary reached the Capitol; between 12 and 1 o'clock; but the nomination was formally communicated on the following Monday。 Of this nomination; Mr。 Blaine has written; that 〃no name could have given better assurance of good intentions and upright conduct than that of Mr。 Ewing。 He was a man of lofty character; of great eminence in his profession of the law; and with wide and varied experience in public life。 He had held high rank as a Senator in the Augustan period of the Senate's learning and eloquence; and he had been one of the ablest members of the distinguished Cabinets organized by the only two Presidents elected by the Whig Party。 He had reached the ripe age of seventy…eight years; but still in complete possession of all his splendid faculties。 He had voted for Mr。 Lincoln at both elections; had been a warm supporter of the contest for the Union; and was represented by his own blood on many of the great battlefields of the war。〃
No notice was taken by the Senate of this nomination。
Here was offered an opportunity for the settlement of the dispute over the War Office on fair and honorable terms to all parties concerned。 But that was not what the impeachers wanted。 They wanted to get Mr。 Johnson out。 They thought they had a pretext that they could sustain by making it a party question; and did not want a settlement on any other termsso no attention was given to Mr。 Ewing's nomination。 It was ignored and the impeachment movement went on。
CHAPTER VI。 IMPEACHMENT AGREED TO BY THE HOUSE。
Mr。 Johnson's veto of the Tenure…of…Office Bill; and the passage of that bill over his veto; of course intensified the antagonism between himself and Congress。 He not unnaturally regarded that Act as an infringement of the Executive function which it was his duty to his office and to himself to resent。 The culmination came upon his official notification to the Senate on February 21st; 1868; of his removal of Mr。 Stanton from the office of Secretary of War; and his appointment of Gen。 Lorenzo Thomas as Secretary ad interim; nothwithstanding the assumed interdiction of the Tenure…of…Office Act。
Immediately on receipt of this notification; the Senate went into executive session; and the following proceeding was had:
IN EXECUTIVE SESSION Senate of the United States February 21st; 1868
Whereas; The Senate have read and considered the communication of the President; stating that he had removed Edwin M。 Stanton; Secretary of War; and had designated the Adjutant General of the Army to act as Secretary of War ad interim。 interim。。 Therefore;
Resolved; by the Senate of the United States; That under the Constitution and laws of the United States; the President has no power to remove the Secretary of War and designate any other officer to perform the duties of that office ad interim。
The journal of the Senate shows that this Resolution was adopted by the following vote:
YeasMessrs。 Cameron; Cattell; Cole; Conkling; Cragin; Drake; Ferry; Harlan; Morrill of Maine; Morrill of Vermont; Morton; Patterson of New Hampshire; Pomeroy; Ramsay; Ross; Sprague; Stewart。 Sumner。 Thayer; Tipton; Trumbull。 Van Winkle; Wade; Willey Williams。 Wilson。 Yates23。
NaysMessrs。 Buckalew; Davis; Doolittle; Edmunds; Hendricks; Patterson of Tennessee6。
Absent or not voting20。 Note。 (NoteIt is due to myself to say here; that the entry of my name in the above vote; was incorrect。 My distinct recollection is; that though present; I declined to vote; and from the consideration mentioned。 I was totally unaware of my name being recorded as voting on the proposition until long after I left the Senate; when of course there was no opportunity to secure a correction of the journal。)
This was an extraordinary proceeding。 A proposition to impeach the President had till recently been pending in the House for nearly a year; and the ingenuity of the majority had been taxed to the utmost to find some basis for an indictment upon which a successful impeachment might be possible。 There is ground for the suggestion that much was hoped for in that direction from the Tenure…of…Office Bill; at least so far as the House was concerned。 That hoped for opportunity had now comenor is it an unreasonable surmise; that this very extraordinary action of the Senate was forced by outside as well as inside influences for the purpose of testing the Senate; and committing it in advance and in anticipation of the preferment of another impeachment by the House。
As to the question of the guilt or innocence of the President of the commission of an impeachable offense; this vote of the Senate was in the nature of a vote of 〃guilty。〃 It was therefore to a degree an impeachment and conviction combined by the Senate; prior to the bringing of an accusation by the House of Representatives; the constitutional body for the preferment of an impeachment of the Presidentand was an improper; and not far removed from an indecent proceeding on the part of the Senate。 In effect; the President was thereby condemned by the Senate without trial; and his later arraignment was simply to receive sentence…it being solely upon the removal of Mr。 Stanton that the impeachment was brought by the House。
It is noticeable; and possibly indicative; that the names of twenty out of fifty…four members of the Senate do not appear in this lista very unusual occurrence in divisions of that body; especially in the exciting conditions that then prevailed。 The absentees; or at least abstentions from voting; were fifteen Republicans and five Democrats; more than one…third of the body。 That very unusual absence o