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In order to bring about a court test of the constitutionality of the act, Johnson dismissed Stanton, but the Supreme Court, intimidated by the radicals, refused to pass on the case. Gen. Ulysses S. Grant , whom Johnson appointed Secretary ad interim, turned the office back to Stanton when the Senate refused to approve his dismissal. Johnson then appointed Gen. Lorenzo Thomas Secretary of War, but Stanton, barricading himself in the department, refused to yield. Johnson's alleged violation of the Tenure of Office Act was the principal charge in the impeachment proceedings against him. When this move failed (May, 1868), Stanton finally gave up.
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