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The Tenure of Office Act was a United States federal law, in force from 1867 to 1887, that was intended to restrict the power of the president to remove certain office-holders without the approval of the U.S. Senate. The law was enacted March 2, 1867, over the veto of President Andrew Johnson. It purported to deny the president the power to ...
[18] [20] [57] [75] The first article specifically alleged that Johnson's February 21, 1868, order to remove Stanton was made with intent to violate the Tenure of Office Act. The second and third articles argued that the appointment of Thomas as secretary of war ad interim was similarly done with intent to violate the Tenure of Office Act. The ...
[34] [49] [50] The primary charge against Johnson was that he had violated the Tenure of Office Act by removing Stanton from office. [49] Johnson was narrowly acquitted in his Senate trial, with the Senate voting 35 to 19 votes in favor of conviction, one vote short of the necessary two-thirds majority. [51]
United States (1926) affirmed the ability of the president to remove a postmaster without congressional approval, and the dictum in the majority opinion stated "that the Tenure of Office Act of 1867...was invalid". [120] Butler's subpar performance as a prosecutor has often been cited as a factor that contributed to Johnson's acquittal. [121]
However, disregarding this vote, on February 21, 1868, President Johnson attempted to replace Stanton with Lorenzo Thomas in an apparent violation of the Tenure of Office Act. [29] [21] The Tenure of Office Act was officially titled "an act regulating the tenure of certain civil office", and was referred to by such name in the articles of ...
August 12, 1867: During a congressional recess, President Johnson suspends Secretary of War Edwin Stanton and appoints Ulysses S. Grant to serve as secretary of war ad interim. [26] The Tenure of Office Act prescribes that, when it reconvenes, Senate will be able to vote on whether to approve or reverse Stanton's removal. [27] November 25, 1867:
On December 5, 1867, the House brought the Committee on the Judiciary's impeachment recommendation to the floor for consideration, and discussion was thereafter held on the impeachment resolution reported by the Judiciary Committee, with George S. Boutwell presenting a case for impeachment and James F. Wilson presenting a case against it.
The act required Senate approval for the firing of Cabinet members during the tenure of the president who appointed them. The Tenure of Office Act was immediately controversial; some senators doubted that it was constitutional and questioned whether the act's terms applied to Johnson, whose key Cabinet officers were Lincoln holdovers. [79]