Impeachment of Andrew Johnson

Tenure Of Office Act

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.

House Impeachment Proceedings

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.

Senate Trial Dynamics

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.

When was Andrew Johnson impeached by the House of Representatives?

The impeachment of Andrew Johnson was initiated by the United States House of Representatives on the 24th of February 1868. Eleven articles were adopted by the House on March 2 and 3, 1868 to specify alleged high crimes and misdemeanors.

What specific law did Andrew Johnson violate leading to his impeachment?

Andrew Johnson violated the Tenure of Office Act passed in March 1867 over his veto. The primary charge against him was that he acted to remove Edwin Stanton from Secretary of War position without Senate consent and replaced him with Brevet Major General Lorenzo Thomas as secretary of war ad interim.

How many votes were needed for conviction during the Senate trial of Andrew Johnson?

Conviction required a two-thirds majority vote which equated to 36 votes out of 54 senators present. On the 16th of May 1868 the Senate voted 35 to 19 favoring conviction falling one vote short of the necessary threshold.

Who presided over the Senate trial of Andrew Johnson in 1868?

Chief Justice Salmon P. Chase presided over the proceedings of the Senate trial beginning the 5th of March 1868. Chase maintained deciding certain procedural questions alone was his prerogative though the Senate challenged several rulings regarding his authority.

Why did seven Republican senators vote to acquit Andrew Johnson despite pressure?

Seven Republican senators including Lyman Trumbull believed convicting Johnson would destroy the balance between branches of government and reduce presidential power to mere disagreement over policies. They argued impeachment should be reserved for actual crimes rather than political differences or policy disagreements.

Impeachment of Andrew Johnson.

Tenure Of Office Act

House Impeachment Proceedings

Senate Trial Dynamics

The Acquittal Votes

Bribery Allegations

Long Term Legacy

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