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Lot 1292

Stanton, Edwin (1814-69) Attorney General under Buchanan; Secretary of War under Lincoln and Johnson.

On February 21, 1868, President Johnson dismissed Secretary of War Edwin Stanton, who disagreed with Johnson's conciliatory policies toward the South. Stanton refused to accept the dismissal and eventually barricaded himself in the War Department, claiming job protection under the Tenure of Office Act, which had been voted into law in 1867 over Johnson's veto. The act stated that the President may not dismiss certain publicly elected officers without the consent of the Senate; Stanton had been appointed, not elected, but this was a moot point. Radical Republicans, led by Thaddeus Stevens, used Stanton's dismissal as the impetus for impeachment proceedings against Johnson, which began on March 30, 1868. Stanton remained barricaded until May 16, when the Senate voted against the President's removal. Stanton then resigned his office and returned to private practice.

Part of the struggle between Congress and the President swirled around General Ulysses S. Grant's stewardship of southern pacification in Georgia, Louisiana, and elsewhere. The President wanted no such military overseeing governing constellation, preferring to restrict the powers of the military commanders in favor of state personnel. Stanton and the Congress believed that the Legislature and not the President was legally empowered to control the military administration of the South. The issue was to be joined in the Supreme Court. Our letter catches Stanton in the process of engaging a lawyer to defend Grant's and the Congress' position before the Supreme Court.

Autograph Letter Signed as Secretary of War, three days after his dismissal by President Johnson, one page, quarto, Washington City, February 24, 1968. Written on War Department letterhead to Wayne McVeigh, Esq. In full: "Sir I desire to retain and employ your legal services for the United States in a threatened suit to be brought in the name of the state of Georgia very scarce. General Grant…in the Supreme Court of the United States, and a reasonable compensation for your retainer will be paid by this Department. Yours truly Edwin M. Stanton Secretary of War." There are a couple of contemporary ink smears in the text; otherwise, boldly penned and signed and in fine condition.
Estimated Value $1,250 - 1,850.

 
Realized $805



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