Impeachment of Andrew Johnson

• 1. Background And Tensions

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  On the 14th of April 1865, President Abraham Lincoln lay dying in a boarding house near Ford's Theatre. His death left Andrew Johnson, a Tennessee Democrat who had stayed loyal to the Union during secession, as the new president of the United States. Radical Republicans in Congress viewed Johnson with deep suspicion despite his record of opposing Southern secession. They believed he would defer to their hardline proposals for Reconstruction, but history proved otherwise. Johnson embraced Lincoln's lenient policies toward former Confederate states and issued proclamations of general amnesty for most ex-Confederates. He oversaw the creation of new governments in rebellious states that were dominated by ex-Confederate officials. This approach enraged Radical Republicans who countered with more stringent plans like the Wade-Davis Bill passed in July 1864. That bill was pocket vetoed by Lincoln before it could take effect. After becoming president, Johnson vetoed legislation extending the Freedmen's Bureau in February 1866. Congress failed to override this veto at the time. Later, Johnson denounced Representative Thaddeus Stevens and Senator Charles Sumner as traitors along with abolitionist Wendell Phillips. He also vetoed a Civil Rights Act and a second Freedmen's Bureau bill. The Senate and House each mustered two-thirds majorities to override both vetoes. At an impasse with Congress, Johnson embarked on a national speaking tour called "Swing Around the Circle" in late summer 1866. During these appearances he asked audiences for support against Congress and urged voters to elect representatives who supported his policies. Reports of undisciplined vitriolic speeches and ill-advised confrontations with hecklers swept the nation. Contrary to his hopes, the 1866 elections led to veto-proof Republican majorities in both houses of Congress. As a result, Radicals took control of Reconstruction passing several acts over the president's veto. These acts divided Southern states excluding Tennessee into five military districts under U.S. military control. States were required to enact new constitutions ratify the Fourteenth Amendment and guarantee voting rights for black males.

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• 2. Tenure Of Office Act

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  Congress passed the Tenure of Office Act in March 1867 over Johnson's veto with primary intent of protecting Edwin M. Stanton from being fired without Senate consent. Stanton was a staunch Radical Republican who would comply with congressional Reconstruction policies as long as he remained in office. The act required the president to seek Senate advice and consent before relieving or dismissing any cabinet member whose initial appointment had previously required such approval. If the president dismissed an officer when the Senate was in recess and the Senate voted upon reconvening against ratifying the removal, the president would be required to reinstate that individual. When Johnson failed to obtain Stanton's resignation he suspended him on the 5th of August 1867. This gave him opportunity to appoint General Ulysses S. Grant then serving as commanding general of the Army to serve as interim secretary of war. When the Senate adopted resolution of non-concurrence with Stanton's dismissal in December 1867 Grant told Johnson he was going to resign fearing punitive legal action. Contrary to Johnson's belief that Grant had agreed to remain in office Grant immediately resigned after Senate reinstated Stanton in January 1868. Johnson became furious at Grant accusing him of lying during stormy cabinet meeting. Publication of several angry messages between Johnson and Grant in March 1868 led to complete break between two men. As result these letters solidified Grant's standing as front-runner for 1868 Republican presidential nomination. Johnson complained about Stanton's restoration to office and searched desperately for someone acceptable to Senate. He first proposed position to General William Tecumseh Sherman who turned down offer. Sherman subsequently suggested Radical Republicans and moderate Republicans might accept Jacob Dolson Cox but found president no longer interested in appeasement. On the 21st of February 1868 president appointed Lorenzo Thomas brevet major general in Army as secretary of war ad interim. Johnson informed Senate of decision. Thomas personally delivered dismissal notice to Stanton who rejected legitimacy of decision. Rather than vacate his office Stanton barricaded himself inside and ordered Thomas arrested for violating Tenure of Office Act. Thomas remained under arrest several days before being released having charge against him dropped after Stanton realized case would provide courts opportunity to review constitutionality of act.

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• 3. House Impeachment Proceedings

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  The impeachment of Andrew Johnson was initiated by United States House of Representatives on the 24th of February 1868. Alleged high crimes and misdemeanors were specified in eleven articles adopted by House on March 2 and 3, 1868. Primary charge against Johnson was that he violated Tenure of Office Act by acting to remove Edwin Stanton from Secretary of War position replacing him with Brevet Major General Lorenzo Thomas as secretary of war ad interim. Before formal adoption of articles House debated resolution extensively on February 22 and 24. Republican members argued Johnson's effort to dismiss Stanton and appoint Thomas ad interim constituted specific violation of Tenure of Office Act. James F. Wilson expressed opinion representative of many Republicans previously voting against impeachment declaring Johnson had committed clear impeachable conduct. Thaddeus Stevens expressed opinion that impeachment was purely political process arguing case should be broader than just violation of law. In closing remarks Stevens gave final speech described as bringing those in House chamber to rapt attention. Vote put to House on February 24 resulted in 126, 47 tally (with 17 members not voting) favoring impeachment resolution marking first time president had been impeached. Record keeping discrepancy exists between Congressional Globe recording vote as 126, 47 and House Journal recording it as 128, 47. Almost all House Republican caucus present voted support while every Democrat present voted against impeachment. Fifteen Republicans and one Democrat were absent for vote. Speaker Schuyler Colfax did not vote per House rules requiring speaker only vote when decisive or during ballot votes. After passing resolution House turned to adopting articles of impeachment which Senate would try Johnson on. Approach differed from modern practice where impeachment occurs directly through article adoption. Each five previous federal impeachments leading to Senate trial conducted same way with votes to impeach occurring before votes on articles. Committee of seven drafted eleven articles initially delivering ten proposed articles the 29th of February 1868 revised down to nine before March 2 vote. First eight articles approved March 2 last two approved the 3rd of March 1868. Third and fourth articles each received single Democratic vote George W. Morgan for third Charles Haight for fourth. Tenth article only had Republican opposition with twelve Republicans casting votes against it. Samuel Fenton Cary independent Republican from Ohio and Thomas E. Stewart Conservative Republican from New York voted against nearly every article.

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• 4. Senate Trial Dynamics

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  Trial in Senate began the 5th of March 1868 with Chief Justice Salmon P. Chase presiding over proceedings. Extent of Chase's authority as presiding officer to render unilateral rulings became frequent point of contention. Chase maintained deciding certain procedural questions alone was his prerogative but Senate challenged several rulings. Senate chamber galleries often filled to capacity public interest so great that Senate issued admission passes first time in its history. For each day 1,000 color coded tickets printed granting admittance for single day. House appointed seven members serve as impeachment managers equivalent to prosecutors: John Bingham, George S. Boutwell, Benjamin Butler, John A. Logan, Thaddeus Stevens, Thomas Williams, James F. Wilson. President defense team made up Benjamin Robbins Curtis William M. Evarts William S. Groesbeck Thomas Amos Rogers Nelson Henry Stanbery. On advice counsel president did not appear at trial. Impeachment managers argued Johnson explicitly violated Tenure of Office Act dismissing Stanton without Senate consent. They contended U.S. presidents obligated carry out honor laws passed by Congress regardless whether believed constitutional otherwise presidents allowed regularly disobey will American people represented elected representatives. Defense questioned criminality alleged offenses raised doubts about Johnson's intent. One point made by defense ambiguity existed in Tenure of Office Act leaving open vagueness whether actually applicable to Johnson firing Stanton. They also argued act unconstitutional and Johnson's intent firing Stanton had been test constitutionality law before Supreme Court entitled do so. Further argued even if law constitutional presidents should not removed office misconstruing constitutional rights. They further argued Johnson acting interest necessity keeping Department War functional appointing Lorenzo Thomas interim officer caused no public harm doing so. Also argued Republican Party using impeachment political tool asserting view presidents should not removed office impeachment for political misdeeds elections meant for that purpose.

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• 5. The Acquittal Votes

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  On the 16th of May 1868 Senate voted against convicting Johnson on one article with 35, 19 vote favoring conviction falling one vote short necessary two-thirds majority. Constitutional threshold conviction impeachment trial is two-thirds majority guilty vote requiring 36 votes instance. All nine Senate Democrats voted against conviction. Ten Republicans refused support party voting against conviction. First vote taken May 16 for eleventh article. Prior vote Samuel C. Pomeroy told Senator Ross if Ross voted acquittal Ross would become subject investigation bribery. Afterward hopes persuading at least one senator voting not guilty change vote Senate adjourned 10 days continuing voting other articles. During hiatus House passed resolution launch investigation by impeachment managers alleged improper corrupt means used influence determination Senate. When votes cast May 26 second third articles results same first. After this Senate voted adjourn trial sine die without votes held remaining eight articles. None Republican senators voting acquittal ever again served elected office. Although under intense pressure change votes during trial afterward public opinion rapidly shifted viewpoint. Some senators voting conviction such John Sherman even Charles Sumner later changed minds. Lyman Trumbull Illinois noted speech explaining vote acquittal had Johnson been convicted main source American presidency political power freedom president disagree Congress consequences destroyed Constitution system balance.

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• 6. Bribery Allegations

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  After trial Butler conducted hearings widespread reports Republican senators bribed vote Johnson's acquittal. In Butler's hearings subsequent inquiries increasing evidence some acquittal votes acquired promises patronage jobs cash bribes. Political deals struck Grimes received assurances acquittal followed presidential reprisals Johnson agreed enforce Reconstruction Acts appoint General John Schofield succeed Stanton. Nonetheless investigations never resulted charges much less convictions anyone. Moreover evidence prosecution attempted bribe senators voting acquittal switch votes conviction. Senator Fessenden offered ministership Great Britain. Prosecutor Butler said "Tell Ross if wants money bushel here be had." Butler investigation boomeranged discovered Senator Pomeroy who voted conviction wrote letter Johnson postmaster general seeking $40,000 bribe Pomeroy acquittal vote along three four others caucus. Butler himself told Wade Wade would appoint Butler secretary state Wade assumed presidency after Johnson conviction. Opinion Senator Ross mercilessly persecuted courageous vote sustain independence presidency branch federal government subject entire chapter President John F. Kennedy book Profiles in Courage. 1964-65 NBC network series Profiles in Courage based Kennedy book included same information about Senator Ross Episode 19 Edmund G. Ross starring Bradford Dillman as Ross. Opinion rejected scholars Ralph Roske endorsed others Avery Craven.

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• 7. Long Term Legacy

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  Impeachment trial of Andrew Johnson important political implications balance federal legislative-executive power maintained principle Congress should not remove president office simply members disagreed policy style administration office. Resulted diminished presidential influence public policy overall governing power fostering system governance future-president Woodrow Wilson referred 1880s Congressional Government. In 1887 Tenure Office Act repealed Congress subsequent rulings United States Supreme Court seemed support Johnson position entitled fire Stanton without congressional approval. Supreme Court ruling similar piece later legislation Myers v. United States 1926 affirmed ability president remove postmaster without congressional approval dictum majority opinion stated "Tenure Office Act 1867...invalid". Lyman Trumbull Illinois noted speech explaining vote acquittal had Johnson been convicted main source American presidency political freedom president disagree Congress consequences destroyed Constitution system balance between branches government. Impeachment established precedent executive power limits preventing removal for mere disagreement over policies maintaining separation powers essential democratic functioning. Future presidents gained confidence exercising independent judgment knowing impeachment reserved extreme circumstances involving actual crimes rather than political differences. System survived despite initial controversy proving resilience American constitutional framework through periods intense partisan conflict.

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