The President subsequently ignored the
Tenure of Office Act and suspended Edwin Stanton, the
Secretary of War and a prominent cabinet member. This
action led to the
Impeachment of
Andrew Johnson.
Events leading to the
Tenure of Office Act
The
events leading up to the Tenure of Office Act were
due to the conflict between
President Andrew Johnson and the radical Republicans in Congress
over the Reconstruction of the South.
In April 1865, Vice President Andrew Johnson, a
Southern Democrat, assumed the Presidency following the
assassination of President Lincoln.
Johnson adopts the Reconstruction plans of Lincoln but on December
1, 1865 President Johnson abruptly declared the end to
Reconstruction. Congress was outraged, and Radical Republicans
refuse to recognize the new governments in southern states
who were attempting to restore self-rule.
The Southern states had passed the
notorious Black Codes during 1865 -1866
and were reluctant to ratify the
13th
Amendment. President Johnson further infuriated Congress by vetoing an
extension to the
Freedmen's Bureau
and the Republicans responded by
passing the
Civil Rights Act of 1866
overriding the President's veto. The Congressional elections
of November, 1866, were greatly in favor of the radical Republicans
and in support of their policy for reconstruction. Congress passed
the first of the
Reconstruction Acts which gave them military control of the
South.
When was the
Tenure of Office Act passed?
Congress passed the Tenure of Office Act on March 2, 1867.
Why did Congress pass the
Tenure of Office Act?
Congress passed the Tenure of Office Act to limit the President's
powers and prevent President Andrew Johnson dismissing radical
Republicans from office. They hoped that the Tenure of Office Act
would to assure the continuance in office of Secretary of War Edwin
M. Stanton and therefore prevent any interference with the military
occupation of the South in the Congressional Reconstruction plan.
Edwin Stanton was a valuable member of the existing cabinet and a
firm supporter of the Radical Republican's Reconstruction policies
and was openly opposed to President Johnson.
What were the provisions of the
Tenure of Office Act?
The
provisions of the Tenure of Office Act were that:
-
It forbade
the President to remove any federal officeholder appointed by
and with the advice and consent of the Senate without the
further approval of the Senate
-
It also
provided that members of the President's cabinet should hold
office for the full term of the President who appointed them and
one month thereafter, subject to removal by the Senate
Tenure of Office Act for kids: The Reaction of President Johnson
President Johnson
tried and failed to veto the Tenure of Office Act.
Ever since the formation of the United States
government the Presidents had removed officers when
they saw fit. The Tenure of Office Act required the
consent of the Senate to removals as well as to
appointments. Johnson believed that the
Tenure of Office Act
was unconstitutional.
Tenure of Office Act for kids: Edwin Stanton
In December 1867
President Johnson ignored the
Tenure of Office Act and suspended Edwin
Stanton from office. Stanton refused to budge and
barricaded himself in his office claiming that the
Tenure of Office Act protected him. The House of
Representatives invoked the new Tenure of Office Act
to initiate Impeachment proceedings against
President Johnson. In the history of the United
States there have only been two
Impeached
Presidents - both were acquitted.
Tenure of Office Act for kids: The Aftermath
The Tenure of Office Act
was
partly repealed partly in 1869 and entirely
cancelled in 1887. In 1926 the
Tenure of Office Act was declared by the U.S.
Supreme Court to have been unconstitutional
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