The Tenure of Office Act was passed by Congress on March 2, 1867, over the veto of President Andrew Johnson, who claimed it was unconstitutional. It stated that all federal officials “holding any civil office to which he has been appointed by and with the advice and consent of the Senate, is, and shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided: Provided, That the Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster-General, and the Attorney general, shall hold their offices respectively for and during the term of the President by whom they may have been appointed and for one month thereafter, subject to removal by and with the advice and consent of the Senate.” The act was specifically signed to protect Edwin Stanton, Secretary of War. In February 1868, President Johnson notified Congress that he had removed Stanton and was replacing him in the interim with Adjutant-General Lorenzo Thomas, violating the Tenure of Office Act. The Act removed the President’s previous unlimited power to remove any of his Cabinet members at will. There was a continuous battle of power between the President and Congress, and the Tenure of Office Act was an example of Congress taking the power from the president.
TENURE OF OFFICE ACT 1867
Julia Williamson
Drafts and the final copy of the Act.
The Tenure of Office Act was passed by Congress on March 2, 1867, over the veto of President Andrew Johnson, who claimed it was unconstitutional. It stated that all federal officials “holding any civil office to which he has been appointed by and with the advice and consent of the Senate, is, and shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided: Provided, That the Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster-General, and the Attorney general, shall hold their offices respectively for and during the term of the President by whom they may have been appointed and for one month thereafter, subject to removal by and with the advice and consent of the Senate.” The act was specifically signed to protect Edwin Stanton, Secretary of War. In February 1868, President Johnson notified Congress that he had removed Stanton and was replacing him in the interim with Adjutant-General Lorenzo Thomas, violating the Tenure of Office Act. The Act removed the President’s previous unlimited power to remove any of his Cabinet members at will. There was a continuous battle of power between the President and Congress, and the Tenure of Office Act was an example of Congress taking the power from the president.
Primary Source: http://teachingamericanhistory.org/library/index.asp?document=1922
Secondary Source: http://law2.umkc.edu/faculty/projects/ftrials/impeach/imp_tenure.html