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rs。 No complaints against that power or doubts of its wisdom； were entertained in any quarter。
Having at an early period accepted the Constitution in regard to the executive office in the sense in which it was interpreted with the concurrence of its founders； I have found no sufficient grounds in the arguments now opposed to that construction or in any assumed necessity of the times for changing those opinions。 For these reasons I return the bill to the Senate； in which House it originated； for the further consideration of Congress； which the Constitution prescribes。 Insomuch as the several parts of the bill which I have not considered are matters chiefly of detail； and are based altogether upon the theory of the Constitution from which I am obliged to dissent； I have not thought it 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 trialthe 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 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 v