Stanton, Edwin M. | "I may be removed any how & the sooner the better."

Property of a New York Collector

Stanton, Edwin M.

Autograph letter signed ("Edwin M. Stanton") as Secretary of War, to Edwards Pierrepont ("My Dear Friend"), headed "Private" and describing his reoccupation of the War Department after the Senate overrode his suspension by President Johnson

One page (246 x 197 mm) on a leaf of blue-ruled machine-laid War Department | Washington City letterhead, Washington, D.C., 14 January 1868, "1.O clock PM," reception docket (1868 Stanton") on verso.

Accompanied by Stanton, manuscript document signed ("Edwin M. Stanton | Sec of War"), text in the hand of General David Hunter, one page (222 x 182 mm) on a bifolium of machine-laid paper (watermarked Joynson | 1856), "War Department," Washington, D.C., 28 October 1862, being a pass for four women to travel to St. Augustine, Florida, endorsed and signed by Hunter to one of the women, Miss S. A. Mather of Boston, on the verso of the integral leaf, "With the kind regards &c, Very Sincerely your friend D. Hunter, Maj. Gen." And by an unsigned secretarial transcript of a telegram from Stanton to New York Governor Horatio Seymour, Washington, D.C., 5 July 1864, 1 1/4 pages (248 x 196 mm) on a bifolium of wove paper, requesting a militia forece of 12,000 men, to serve not more than 120 days, to repel the Confederate invasion of Maryland and attacks on Martinsburgh and Harper's Ferry.

President Andrew Johnson and the Secretary of War he inherited from Lincoln's administration, Edwin Stanton, had long been at odds over reconstruction policy: Johnson's policies called for leniency towards the South, while Stanton was one of the leaders of the Radical Republicans, who wanted to see the South punished and perhaps even placed under military occupation.

On 12 August 1867, Johnson suspended Stanton from office, installing Ulysses S. Grant as Acting Secretary of War. But in March of that year, the federal legislature had passed—over Johnson’s veto—the Tenure of Office Act, which was principally intended to protect Stanton. The Act sought to restrict the president from removing from office any executive officer whose appointment had required Senate approval unless the Senate also approved the removal. Stanton had been suspended when the Senate was not in session; when it reconvened on 13 January 1868, it voted to disapprove of Johnson’s suspension by a 35–6 vote.

Stanton quickly moved to reoccupy his office, as he explains here to lawyer and ally Edwards Pierrepont—who was shortly to be appointed United States Attorney for the Southern District of New York when Grant succeeded Johnson in the White House.

"I write to you from my desk in the War Department. The Senate vote was more decided than I had expected in my favor. Bayard Buckalew Davis Dixon Doolittle & Patterson Johnsons son in law were the only negatives. Fessenden is said to have made a great speech. I came to the office at half past ten O clock this morning. General Grant has removed his own papers and left the key with the Adjutant General to be given to me. I sent for him and took possession. What Johnsons next move will be I do not know but I may be removed any how & the sooner the better."

Grant, possibly concerned that he could be individually fined for violating the Tenure of Office Act, made no attempt to stay in place although he had evidently pledged to Johnson that he would not willingly vacate the office.

Johnson took the Senate vote as a personal affront and the following month he attempted to dismiss Stanton and replace him with Adjutant General Lorenzo Thomas. It was at this point that Stanton famously barricaded himself in his office, sneaking out occasionally for a quick visit home. Johnson’s actions towards Stanton led directly to his impeachment (see lots 1138 & 1139). The President was acquitted of the last of the articles against him on 26 May 1868. Stanton resigned that same day.

PROVENANCE:

Charles Hamilton Galleries, 8 October 1964 [part] (undesignated consignor) — The Forbes Collection (Christie's New York, 22 May 2007, lot 77)