Charles E. Phelps

Charles Edward Phelps (May 1, 1833 – December 27, 1908) was a

Early life and education

Charles Edward Phelps was born in

Early career

Phelps was admitted the Maryland bar association in 1855.^[1] He was admitted to practice in the Supreme Court of the United States in 1859.

In 1860, Phelps was elected and served on the Baltimore City Council.^[1]

Civil War military service

In 1861, Phelpswas commissioned a

During the

After the war, Phelps became a companion of the Maryland Commandery of the Military Order of the Loyal Legion of the United States.

On March 30, 1898, Phelps was awarded the Medal of Honor in honor of his military service. The citation read,

Rode to the head of the assaulting column, then much broken by severe losses and faltering under the close fire of artillery, placed himself conspicuously in front of the troops, and gallantly rallied and led them to within a few feet of the enemy's works, where he was severely wounded and captured.^[5]

United States House of Representatives

Phelps served in the United States House of Representatives from 1865 through 1869.^[1] At this time, his party affiliation was "Conservative".^[6]

In February 1868, he voted against the impeachment of President Andrew Johnson.^[7]In his remarks to the House on the day of the impeachment vote, Phelps questioned whether Johnson's attempted at removing Edwin Stanton as secretary of war (which triggered the impeachment) had been indeed constituted a violation of the Tenure of Office Act. He cast doubt that it could be considered have yet been a removal, since Stanton was still fighting it, and also argued that no appointment of a successor to Stanton had actually been made, since Johnson had instead only acted to empower an officer to act in an ad interim capacity. He also questioned whether Stanton would be eligible for protection under the law, as he had been appointed by Abraham Lincoln, not Johnson. Phelps also questioned the constitutionality of the Tenure of Office Act, as he argued it interfered with the presidents' constitutional power to remove officers.^[8] Phelps further argued,

The power of impeachment is expressly limited to cases of "treason, bribery, or other crimes and high misdemeanors." No charge is preferred against the president other than an official act which is by a forced construction of the Tenure of Office law claimed to be a "high misdemeanor".^[8]

Later government work and judgeship

In 1872, he served as the state manager of

In 1869, he established a legal practice with John Van Lear Findlay.^[1]

In 1896, Phelps became a charter member of the Maryland State Bar Association.^[1]

Phelps taught at

Phelps died on December 27, 1908, at Baltimore, Maryland and was buried at Woodlawn Cemetery, Baltimore.[3]

See also

• List of Medal of Honor recipients
• List of American Civil War Medal of Honor recipients: T–Z
• List of American Civil War brevet Generals (Union)

Notes

References

Wikimedia Commons has media related to Charles E. Phelps.

• Eicher, John H., and
  ISBN 0-8047-3641-3
  .
• "Vermont Civil War center – Minibio of Phelps's life and military record". Archived from the original on February 21, 2006. Retrieved September 27, 2010.

• United States Congress. "Charles E. Phelps (id: P000292)". Biographical Directory of the United States Congress. Retrieved November 27, 2007.