President Johnson's Impeachment Lecture Summary

Andrew Johnson's Impeachment

Introduction

  • Andrew Johnson's impeachment is a story of political conflict following the Civil War.
  • Johnson's actions were the final catalyst for his impeachment amidst deeper disagreements about Reconstruction.

Background: Johnson's Presidency

  • Abraham Lincoln's assassination in April 1865 made Johnson president.
  • Johnson was chosen as Lincoln's running mate to attract Union-supporting Democrats.
  • Republicans did not anticipate Johnson becoming president.
  • Johnson took office while Congress was in recess, with key advisors like Stuart sidelined.

Johnson's Reconstruction Plan

  • Johnson believed the South had never legally seceded, differing from the reality of the post-Civil War situation.
  • He aimed to quickly normalize relations, using Lincoln's 10\% plan for readmitting states.
  • This approach allowed pre-war power structures to remain, frustrating efforts to reshape the South.
  • Southern states quickly reinstated their previous leaders, undermining the Civil War's goals.
  • Johnson required states to ratify the 13^{th} amendment, but they found other ways to maintain control.

Republican Opposition

  • Republicans expected a period of military occupation and gradual rebuilding.
  • Johnson's proclamations for a quick return to statehood included:
    • Oath of citizenship allowing states to reach the 10\% threshold.
    • Calling constitutional conventions in those states.
    • Barring Confederate leaders, though this was vaguely enforced.
  • Southern states had to:
    • Repeal secession ordinances.
    • Repudiate Confederate debts.
    • Ratify the 13^{th} amendment.
  • The South saw this as an opportunity to preserve its pre-war society.

Black Codes

  • Black Codes effectively recreated slavery, limiting African Americans' rights.
  • They could not own land or testify against white people in court.
  • Vagrancy laws and convict leasing further restricted their freedom and economic opportunities.
  • Former secessionists regained control through patronage systems.

Congressional Pushback

  • When Congress reconvened in December, it refused to seat Southern members.
  • Republicans nullified Johnson's Reconstruction plans and reinstated military rule in five zones.
  • Congress aimed to:
    • Rebuild the South with structures for freedmen.
    • Limit Confederate sympathizers' power.
    • Extend the Freedmen's Bureau to provide schools, medicine, and resettlement programs.
  • Johnson vetoed these measures, citing states' rights and opposition to federal authority.

Johnson's Vetoes

  • Johnson vetoed 29 bills during his term, far exceeding his predecessors.
  • He argued that the government favored freedmen over white people.
  • He claimed the president, elected by all Americans, had a broader view than Congress.
  • This was despite being elected as Vice President without a direct mandate.

The Civil Rights Act of 1866

  • Congress passed the first Civil Rights Act, granting equal protection under the law regardless of race.
  • It was intended to undermine the Black Codes.
  • Johnson vetoed the act, claiming it discriminated against white Southerners.
  • This deepened the conflict with Republicans, who saw Johnson as undoing their Civil War goals.
  • The conflict centered on whether the South would be a white-dominated society with limited Black freedom or a more equitable society.
  • Republicans needed to find a cause to impeach Johnson that the public would support.
  • They sought to challenge Johnson on an issue that highlighted his obstruction of Reconstruction.

Congressional Response to Johnson's Actions

  • To ensure they could override Johnson's vetoes, Republicans expelled John Stockton, a New Jersey senator.
  • This ensured they had enough votes to override Johnson's veto of the Civil Rights Act.

The Fourteenth Amendment

  • The Fourteenth Amendment was proposed to protect civil rights, as it could not be vetoed by the President.
  • Johnson opposed the Fourteenth Amendment, even pressuring Southern states not to ratify it.
  • Only Tennessee ratified it; other Confederate states rejected it.
  • The Fourteenth Amendment then became a key issue in the 1866 campaign, benefiting the Republicans.

Violence in the South

  • Incidents like the Memphis and New Orleans riots showed the violent opposition to racial equality.
  • In Memphis, attacks on Black soldiers and communities resulted in significant casualties and destruction, with little federal intervention.
  • In New Orleans, a peaceful convention supporting Black rights was attacked, leading to a massacre.
  • The Johnson administration's lack of response further emboldened white supremacists.
  • Some accused Johnson of direct involvement in the violence, though evidence was lacking.

The 1866 Midterm Elections

  • The midterm elections were a referendum on Johnson's Reconstruction policies.
  • Republicans won a significant majority, giving them a mandate to pursue their Reconstruction plans.
  • This led to the Military Reconstruction Act of 1867.

The Military Reconstruction Act of 1867

  • The Military Reconstruction Act divided the Confederacy into military zones.
  • Confederate states were denied representation in Congress.
  • States were required:
    • To hold new constitutional conventions, and to ratify the Fourteenth Amendment.
    • To extend the voting franchise to all black males.
  • Johnson resisted these measures and attempted to undermine them.

Johnson's Resistance and Congressional Response

  • Johnson and his cabinet were at odds over Reconstruction, in particular Edwin Stanton.
  • Johnson attacked Republicans publicly.
  • Johnson resisted Military Reconstruction by attempting to remove officers who were going to carry it out.
  • This systematic resistance led Congress to pass the Army Appropriations Act, requiring Johnson to send military orders through Grant.
  • The Tenure in Office Act was passed to limit Johnson's power.

The Tenure in Office Act

  • The Tenure in Office Act stipulated that the president needed Senate approval to remove cabinet members who had been confirmed by the Senate.
  • This was seen as unconstitutional since it was a clear attempt to undercut presidential power.
  • Johnson then suspended Secretary of War Edwin Stanton, violating the act.
  • Johnson appointed Ulysses S. Grant as temporary head of war as a win-win.
  • The Senate then had to vote about removing Stanton, but Johnson undermined how.
  • Johnson then attempted to test just how far the courts were going to push him.

Impeachment Proceedings Begin

  • Since the election of 1866, it was already known for about a year that impeachment was likely.
  • Johnson underestimated how his choices were going to be perceived and acted strongly against that.
  • The House of Representatives voted to impeach Johnson, with specific articles of impeachment drawn up by the Judiciary Committee.

Articles of Impeachment

  • The articles included:
    • Violation of the Tenure in Office Act (removing Stanton).
    • Appointing Lorenzo Thomas as acting Secretary of War while Stanton was still in office.
    • Conspiring with Thomas to hinder Stanton's duties.
    • Obstructing the execution of the Tenure in Office Act.
    • Attempting to control military disbursements unlawfully.
    • Ignoring the Army Appropriations Act of 1867.
    • Making inflammatory speeches and threats against Congress.
    • Challenging the authority of Congress due to Southern states not being readmitted.
  • The primary focus was Johnson's violation of the Tenure in Office Act.
  • Johnson was not doing his constitutional duty.

The Significance of the Tenth Article

  • The Tenth Article accused Johnson of making "intemperate, inflammatory, and scandalous harangues" against Congress.
  • This was interpreted as undercutting the constitutional authority of Congress.
  • Johnson's actions were seen to undermine the process of government and the balance of power.
  • Impeachment was viewed as way to prevent the power of the president and the powers of congress to inflate themselves coming out of the Civil War.

The Senate Trial

  • Radical Republicans were appointed as house managers.
  • Chief Justice Salmon Chase presided over the trial.
  • Benjamin Wade, the President Pro Tempore of the Senate, was next in line for the presidency, but he as unliked.

Arguments and Outcome

  • Johnson's defense argued that the Tenure in Office Act did not apply since Johnson didn't appoint Stanton and it was unconstitutional.
  • The prosecution said Johnson was violating his constitutional duty by not enforcing the law.
  • A failure to be able to enforce it would have threatened the balance of power and constitutional order itself.
  • The Senate vote fell one vote short of conviction 35-19.
  • Edmund Ross was credited with saving Johnson from impeachment and because of it was one of America's most hated men.

Aftermath

  • Johnson remained president for ten more months.
  • He attempted to seek the Democratic nomination.
  • He issued a blanket pardon for Confederates.
  • He proposed amendments but Congress took no action on them.
  • He sent congress proposals for amendments to limit the president to a single six year term and to make the president directly elected and for term limits for judges.
  • Johnson was a bad president that was terrible for the country, giving the South the opportunity to resouthernify itself that military Reconstruction attempted to undo.
  • He vetoed bills and continued to attempt to obstruct Reconstruction.
  • Ulysses S. Grant refused to ride with him at the inauguration.
  • Charles Black said that the reason as to why Johnson was not impeached was because it was not an impeachable charge.
  • Ultimately, it was difficult to argue for violation of the Tenure in Office Act since there were many questions to questions the nature of the passing action