History of the Impeachment of Andrew Johnson, President of the United States, by the House of Representatives, and his trial by the Senate for high crimes and misdemeanors in office, 1868

by Edmund G. Ross

No. 25.

Counsel for defense offered to prove:

That at the Cabinet meetings between the passage of the tenure-of-civil office bill and the order of the 21st of February, 1868, for the removal of Mr. Stanton upon occasions when the condition of the public service, as affected by the operation of that bill, came up for the consideration and advice of the Cabinet, it was considered by the President and Cabinet that a proper regard to the public service made it desirable that upon some proper case a judicial determination of the constitutionality of the law should be obtained.

The question being taken by yeas and nays, resulted:

Yeas—Anthony, Bayard, Buckalew, Davis, Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Patterson of Tennessee, Ross, Saulsbury Trumbull, Van Winkle, and Vickers—19—8 Republicans and 11 Democrats.

Nays—Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Pomeroy, Ramsay, Sherman, Sprague, Stewart, Thayer, Tipton, Willey, Williams, Wilson and Yates—30—all Republicans.

So the proffered testimony was rejected.

No. 26.

Counsel for defense put this question to witness, (Mr. Welles, then Secretary of the Navy.)

Was there, within the period embraced in the inquiry in the last question, and at any discussions or deliberations of the Cabinet concerning the operation of the tenure-of-civil-office act and the requirements of the public service in regard to the service, any suggestion or intimation whatever touching or looking to the vacation of any office by force or getting possession of the same by force?