Stanton, for his part, feared allowing Johnson to appoint his successor and refused to resign, despite his public disagreements with his president.[150]
The new Congress met for a few weeks in March 1867, then adjourned, leaving the House Committee on the Judiciary behind, tasked in the first impeachment inquiry against Johnson with reporting back to the full House whether there were grounds for Johnson to be impeached. This committee duly met, examined the President's bank accounts, and summoned members of the Cabinet to testify. When a federal court released former Confederate president Davis on bail on May 13 (he had been captured shortly after the war), the committee investigated whether the President had impeded the prosecution. It learned that Johnson was eager to have Davis tried. A bipartisan majority of the committee voted down impeachment charges; the committee adjourned on June 3.[151]
Later in June, Johnson and Stanton battled over the question of whether the military officers placed in command of the South could override the civil authorities. The President had Attorney General Henry Stanbery issue an opinion backing his position that they could not. 