and exclusion from office. By the terms of the Constitution, the chief
executive may be impeached for "Treason, Bribery, or other high Crimes
and Misdemeanors." Early in the struggle between President Johnson and
Congress a few members of the House of Representatives urged an attempt
to impeach him. Such extremists as James M. Ashley of Ohio, and Benjamin
F. Butler of Massachusetts, believed that he had even been implicated in
the plot to assassinate Lincoln. A thorough-going search through his
private as well as his public career failed to produce any evidence that
could be interpreted as sufficient to meet constitutional demands, and a
motion to impeach was voted down in the House by a large majority. So
indiscreet a man as the President, however, was likely at some time to
furnish a reason for further effort. The occasion came in the removal of
the Secretary of War, Edwin M. Stanton.

Stanton, although of a domineering and brusque personality, had ably
administered the War Department under Lincoln and Johnson. During the
controversy between the President and Congress, Stanton had remained in
the Cabinet but was closely in touch with his chief's opponents and
had even drafted one of the reconstruction acts. Johnson had tolerated
the questionable conduct of his Secretary, despite the advice of many
of his supporters, until August 5, 1867, when he requested Stanton's
resignation. The latter took refuge behind the Tenure of Office Act,
denying the right of the President to remove him, but yielding his
office at Johnson's insistence. This episode had occurred during a
recess of Congress and, in accord with the law, the removal of Stanton
was reported when it convened in December. The Senate at once refused
to concur and Stanton returned to his office. The President now found
himself forced, by what he regarded as an unconstitutional law, into
the unbearable position of including one of his enemies within his
official family, and once more he ordered the Secretary to retire. But