Editing Henry Stanbery

{{Short description|28th U.S. Attorney General}}
{{Infobox officeholder
|name          = Henry Stanbery
|image         = Hon. Henry Stanberry, Ohio - NARA - 526547 (2).jpg
|office        = 28th [[United States Attorney General]]
|president     = [[Andrew Johnson]]
|term_start    = July 23, 1866
|term_end      = March 12, 1868
|predecessor   = [[James Speed]]
|successor     = [[William M. Evarts|William Evarts]]
|office1       = 1st [[Ohio Attorney General|Attorney General of Ohio]]
|governor1     = [[Mordecai Bartley]]<br>[[William Bebb]]<br>[[Seabury Ford]]<br>[[Reuben Wood]]
|term_start1   = February 1846
|term_end1     = May 1851
|predecessor1  = Position established
|successor1    = [[Joseph McCormick (Ohio lawyer)|Joseph McCormick]]
|birth_date    = {{birth date|1803|2|20}}
|birth_place   = New York City, New York
|death_date    = {{death date and age|1881|6|26|1803|2|20}}
|death_place   = New York City
|resting_place = [[Spring Grove Cemetery]],<br/> Cincinnati, Ohio
|party         = [[Whig Party (United States)|Whig]] {{small|(Before 1854)}}<br>[[Republican Party (United States)|Republican]] {{small|(from 1854)}}
|spouse        = Frances Elizabeth Beecher (m. 1829-1840, her death)<br>Cecilia Key Bond (m. 1841-1881, his death)
|children      = 5
|relations     = [[William Stanbery]] (half-brother)<br/>[[Philemon Beecher]] (father-in-law)<br/>[[William K. Bond|William Key Bond]] (father-in-law)
|education     = [[Washington & Jefferson College|Washington and Jefferson College]] {{small|([[Bachelor of Arts|BA]])}}
|profession    = Attorney
|signature     = Henry Stanbery signature.png
}}
'''Henry Stanbery''' (February 20, 1803 – June 26, 1881) was an American lawyer from [[Ohio]].  He was Ohio's first [[Ohio Attorney General|attorney general]] from 1846 to 1851 and the [[United States Attorney General]] from 1866 to 1868.

A native of New York City who was raised in [[Zanesville, Ohio]], Stanbery graduated from [[Washington and Jefferson College|Washington College]] in 1819 at age 16, studied law with two Zanesville attorneys, and attained admission to the bar as soon as he reached the minimum required age of 21.

Stanbery resided for many years in [[Lancaster, Ohio|Lancaster]], where he practiced law in partnership with [[Thomas Ewing]].  Stanbery was selected by the state legislature to serve as Ohio's first state attorney general, a post he held from 1846 to 1851.  After leaving office he relocated to the [[Cincinnati, Ohio|Cincinnati]] area, where he continued to practice law.

In 1866, Stanbery was appointed U.S. Attorney General.  He served until 1868 and worked to sustain President [[Andrew Johnson]]'s view that the president should control post-Civil War [[reconstruction era|Reconstruction]], and that the former [[Confederate States of America|Confederate]] states should be readmitted to the [[Union (American Civil War)|Union]] even if they took no steps to guarantee rights to former slaves. In 1868, Stanbery resigned so he could join Johnson's defense team during [[Impeachment trial of Andrew Johnson|his impeachment trial]]. Johnson was acquitted, and Johnson attempted to reappoint him as attorney general, but the [[United States Senate|U.S. Senate]] would not confirm him.

After Johnson left office, Stanbery returned to the Cincinnati area, where he continued to practice law until failing eyesight curbed his activities in 1880.  He traveled to New York City for surgery to remove cataracts, which did not improve his vision, and he was blind for the last six months of his life.  He was residing temporarily in New York City while continuing to seek treatment when he died on June 26, 1881.  Stanbery was buried at [[Spring Grove Cemetery]] in Cincinnati.

==Early life==
Henry Stanbery was born in New York City on February 20, 1803, a son of Jonas Stanbery, a physician and land speculator, and his second wife Ann Lucy (McCready) Seaman Stanbery.<ref name="Bench">{{cite book |editor1-last=Reed |editor1-first= George Irving |date=1897 |title=Bench and Bar of Ohio |volume=1 |url=https://archive.org/details/benchbarofohioco01reed |location=Chicago, IL |publisher=Century Publishing and Engraving Company |pages=[https://archive.org/details/benchbarofohioco01reed/page/n97 84]–87 |via=[[Internet Archive]]}}</ref><ref>{{cite book |last=Lytle |first=James R. |date=1908 |title=20th Century History of Delaware County, Ohio and Representative Citizens |url=https://archive.org/details/20thcenturyhisto00lytl |location=Chicago, IL |publisher=Biographical Publishing Company |page=[https://archive.org/details/20thcenturyhisto00lytl/page/586 586] |via=[[Internet Archive]]}}</ref>  The family moved to [[Zanesville, Ohio]], in 1814, and Stanbery revealed himself to be a precocious student while attending a special private school.<ref name="Bench"/>  At age 12, he began attendance at Washington College in [[Washington, Pennsylvania]] (now [[Washington and Jefferson College]]), where he was a member of the [[Literary societies at Washington & Jefferson College#Union Literary Society|Union Literary Society]].<ref>{{Cite book| last = McClelland| first = W. C.|chapter= A History of Literary Societies at Washington & Jefferson College|chapter-url=https://books.google.com/books?id=t1QyAAAAYAAJ&pg=PA111 | publisher = George H. Buchanan and Company|title=The Centennial Celebration of the Chartering of Jefferson College in 1802| year= 1903 | location = Philadelphia| pages = 111–132| url = https://books.google.com/books?id=t1QyAAAAYAAJ}}</ref>

==Legal career==
===Start===
After his 1819 college graduation, Stanbery [[reading law|studied law]] in Zanesville first with attorney Ebenezer Granger, and after Granger's death with Charles B. Goddard.<ref name="Enquirer">{{cite news |date=June 27, 1881 |title=Hon. Henry Stanbery Dead |url=https://www.newspapers.com/image/32047402/ |work=[[The Cincinnati Enquirer]] |location=Cincinnati, OH |page=4 |url-access=subscription |via=[[Newspapers.com]]}}</ref>  He was [[Admission to the bar in the United States|admitted to the bar]] in 1824, and began to practice with [[Thomas Ewing]] in [[Fairfield County, Ohio]].<ref name="Bench"/>

===Ohio Attorney General===
In 1846, the [[Ohio General Assembly]] elected Stanbery to serve as [[Ohio Attorney General]], the first person to hold the post.<ref name="Bench"/>  He moved from his home in [[Lancaster, Ohio|Lancaster]] to the state capital of [[Columbus, Ohio|Columbus]] to assume his new duties.<ref name="Bench"/>  As the initial holder of the position, Stanbery spent much of his time and effort on determining its duties and responsibilities and organizing his staff.<ref name="Bench"/>  His work included creation of a case-tracking system and uniform crime report format for county prosecutors and a successful lobbying campaign to obtain the power to negotiate with individuals and corporations that were in debt to the state.<ref name="Bench"/>  Once he obtained this power in 1848, Stanbery cleared a backlog of existing lawsuits and cases by entering into agreements for partial payment or payment over time.<ref name="Bench"/>

In 1850 he was elected a delegate to the 1850-1851 state constitutional convention.<ref name="Enquirer"/> In 1853 he moved to [[Cincinnati]], and in 1857 he moved across the [[Ohio River]] to [[Fort Thomas, Kentucky]], where he owned an elegant hilltop mansion, ''The Highlands''.<ref name="Enquirer"/>

===U.S. Supreme Court nomination===
On April 16, 1866, President [[Andrew Johnson]] nominated Stanbery as an [[Associate Justice of the Supreme Court of the United States|associate justice]] on the [[United States Supreme Court]], to fill the vacancy created by the death of [[John Catron]].<ref name=SCNs>{{cite web| title=Supreme Court Nominations: present–1789| url=https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm| publisher=Office of the Secretary, United States Senate| location=Washington, D.C.| access-date=April 5, 2022}}</ref> The [[Radical Republicans|Republicans]] who controlled Congress were at odds with Johnson over post-Civil War [[Reconstruction era|Reconstruction]]. Therefore, rather than consider the Stanbery nomination, Congress instead passed the [[Judicial Circuits Act]] in July 1866 reducing the size of the Supreme Court.<ref name="Enquirer"/>

Prior to being nominated, in March 1866, Stanbery assisted Attorney General [[James Speed]] in arguing ''[[Ex parte Milligan]]'' before the Supreme Court. In its decision the Court held that military tribunals for civilian defendants were illegal in jurisdictions where the civilian criminal justice system was functioning.<ref name="Constitution_Encyclopedia">{{cite book |editor1-last=Levy |editor1-first=Leonard W. |editor2-last=Karst |editor2-first=Kenneth L. |date=2000 |title=Encyclopedia Of American Constitution |volume=1 |url=https://archive.org/details/EncyclopediaOfAmericanConstitution |location=New York, NY |publisher=Macmillan Reference USA |pages=1736, 2471 |isbn=978-0-02-864880-4 |via=[[Internet Archive]]}}</ref>

===U.S. Attorney General===
Johnson then nominated Stanbery for [[United States Attorney General|Attorney General]], and he was confirmed by the [[U.S. Senate]].<ref name="Enquirer"/>

Stanbery loyally supported Johnson during his longstanding fight with Congress over Reconstruction.<ref name="Reconstruction_Era">{{cite book |editor1-last=Zuczek |editor1-first=Richard |date=2006 |title=Encyclopedia of the Reconstruction Era |volume=2 |url=https://books.google.com/books?id=QA3hdQzOVC4C&pg=PA599 |location=Westport, CT |publisher=Greenwood Press |pages=599–600 |isbn=978-0-3133-3075-9 |via= [[Google Books]]}}</ref>  He assisted in drafting Johnson's veto of the first [[Reconstruction Acts|Reconstruction Act]].<ref name="Reconstruction_Era"/>  After Congress overrode Johnson's vetoes of the first and second Reconstruction Acts, Stanbery provided opinions containing narrow interpretations bolstering Johnson's position on the issue.<ref name="Reconstruction_Era"/>  In Johnson's view, the president had responsibility for Reconstruction, and he intended to return the former [[Confederate States of America|Confederate]] states to the [[Union (American Civil War)|Union]] and full Congressional representation as soon as possible, without guaranteeing the rights of the former slaves who had been freed during the war.<ref name="Reconstruction_Era"/>  Stanbery agreed, arguing that the federal government had no right to interfere with the states in their administration of their governments and legal systems.<ref name="Reconstruction_Era"/>  Congress determined to take control of Reconstruction, compel former Confederates to prove their loyalty before readmission to the Union, and protect the rights of African Americans.<ref name="Reconstruction_Era"/>  In the third Reconstruction Act, which Johnson and Stanbery opposed, Congress limited the president's authority with respect to post-war Reconstruction and became predominant in the process.<ref name="Reconstruction_Era"/>

As Attorney General, he argued ''[[Mississippi v. Johnson]]'' (1867), which held that the separation of powers barred the Supreme Court from issuing an injunction against the President when he implemented Reconstruction by executive action, in effect leaving Reconstruction as a political matter to be decided between the president and Congress.<ref name="Constitution_Encyclopedia"/>  In ''[[Georgia v. Stanton]]'' (1868), Stanbery successfully argued that the court did not have jurisdiction over the political question of Reconstruction, which again left the matter to the executive and legislative branches.<ref name="Constitution_Encyclopedia"/>

===Andrew Johnson impeachment trial===
{{Further|Impeachment trial of Andrew Johnson}}
[[File:Andrew Johnson consulting with his counsel (Harper's Weekly March 14, 1868).jpg|thumb|Illustration of President Johnson consulting with his counsel]]

When Congress moved to [[Impeachment of Andrew Johnson|impeach Johnson]] as the result of the Reconstruction dispute, Stanbery resigned as attorney general on March 12, 1868, and joined his defense team.<ref name="Reconstruction_Era"/>  An illness limited Stanbery's participation in Johnson's trial, but he submitted several opinions and arguments in writing to aid Johnson's other attorneys.<ref name="Reconstruction_Era"/>  Much of his effort focused on ensuring that Johnson received [[Due process#United States|due process]], which had the effect of slowing the proceedings and making a conviction in the heat of the moment less likely.<ref name="Constitution_Encyclopedia"/>  By the time Johnson was acquitted, Stanbery had rejoined the team, and he took part in several pro-Johnson celebrations.<ref name="Reconstruction_Era"/>

After the trial, Johnson renominated Stanbery for Attorney General, but the U.S. Senate refused to confirm him.<ref name="Reconstruction_Era"/>  Stanbery then returned to Ohio to resume his law practice.<ref name="Reconstruction_Era"/>

==Later career==
Stanbery returned to the Cincinnati area, where he resumed practicing law and served as president of the city's bar association from 1873 to 1876.<ref>{{cite web |url=https://www.cincybar.org/About-Us/Overview/History/Past-Presidents |title=About Us: Past Presidents |website=cincybar.org |publisher=Cincinnati Bar Association |location=Cincinnati, OH |access-date=August 3, 2019}}</ref>  He wrote occasional articles on political and legal questions, and also delivered lectures and speeches.<ref name="Bench"/>  He was also a longtime member of [[St. Paul's Episcopal Church (Newport, Kentucky)|St. Paul's Episcopal Church]] in [[Newport, Kentucky]].<ref>{{cite web |url=http://stpaulsnewport.org/history |title=About Us: History |website=Stpaulsnewport.org |publisher=St. Paul’s Episcopal Church |location=Newport, KY |access-date=August 3, 2019}}</ref>

==Retirement and death==
In his later years, Stanbery's eyesight worsened as the result of cataracts, and his wife and he moved to New York City to seek treatment.<ref name="Times">{{cite news |date=June 27, 1881 |title=Obituary, Henry Stanbery |url=https://www.newspapers.com/image/20452190/ |work=[[The New York Times]] |location=New York, NY |page=5 |url-access=subscription |via=[[Newspapers.com]]}}</ref>  He underwent surgery to remove the cataracts, but his eyesight continued to fail until he was blind for the last six months of his life.<ref name="Times"/>  He continued to reside in New York City while seeking treatment, but died there on June 26, 1881, after bronchitis left him unable to breathe while on a carriage ride in [[Central Park]].<ref name="Bench"/><ref name="Times"/> He was buried at [[Spring Grove Cemetery]] in Cincinnati.<ref name="Bench"/>

==Family==
Stanbery was married in 1829 to Frances E. Beecher of Lancaster, a daughter of [[Philemon Beecher]].<ref name="Bench"/>  They had five children - Frances E., Henry, Philemon B., Louisa, and George - the last three of whom survived him.<ref name="Bench"/>  Frances Beecher Stanbery died in 1840, and in 1841 Stanbery married Cecilia Key Bond, a daughter of [[William K. Bond|William Key Bond]].<ref name="Bench"/>

Henry Stanbery's half-brother [[William Stanbery]] was also an attorney, and served in the [[United States House of Representatives]] from 1827 to 1833.<ref name="Bench"/>

==See also==
*[[Unsuccessful nominations to the Cabinet of the United States]]
*[[Unsuccessful nominations to the Supreme Court of the United States]]

==References==
{{Reflist}}

==External links==
*{{Cite Appletons'|wstitle=Stanbery, Henry|year=1900}}
*{{Find a Grave|14759057}}
*[http://kentucky.gov/kyhs/hmdb/MarkerSearch.aspx?mode=County&county=19 Henry Stanbery Historic Marker] {{Webarchive|url=https://web.archive.org/web/20071013024739/http://kentucky.gov/kyhs/hmdb/MarkerSearch.aspx?mode=County |date=2007-10-13 }} in Campbell County, Kentucky

{{commons category}}

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