THE IMPEACHMENT OF ANDREW JOHNSON

As I have described previously, there was from 1866 to 1868 a struggle for power between President Johnson and the Congress, between the Democratic President and the Republican Congress. During 1866 the president vetoed the Supplemental Freedmen's Bureau bill and the Civil Rights Act, and Congress overrode his vetoes. In 1867 Congress adopted the First Reconstruction Act, and Johnson vetoed it and Congress overrode his veto.

The Radical Republicans wanted to curtail Johnson's power and wanted to get rid of Johnson and drive him from office. On January 22, 1867 Congress gave itself the power to call itself into special session, and adopted a law specifying that henceforth the new Congress would not convene in December as usual but on March 4th. Johnson would not get a period of March to December to govern the country by himself as had happened in 1865.

On March 2nd, 1967 Congress passed the Command of the Army Act, that restricted the ability of the commander-in-chief to issue orders. The immediate effect was that all orders would have to go through General Ulysses S. Grant. Johnson vetoed the act, and Congress overrode his veto.

Also on March 2 Congress passed the Tenure of Office Act. It said that the president could not remove any officeholder whom the Senate had confirmed in the first place. In other words, if the president had nominated an officeholder and the Senate had confirmed the nomination then the president could not remove that person unless the Senate gave its consent. Johnson vetoed the bill and Congress overrode his veto. The real issue behind this was Johnson's desire to fire the Secretary of War, Edwin Stanton.

Stanton was a Republican and sympathetic to the Radicals. He had been appointed by Lincoln, and in 1865 Johnson inherited Lincoln's cabinet. He argued with Johnson in the cabinet meetings and was a thorn in Johnson's side. In fact he acted as a spy for the Radical Republicans, reporting to them everything that was said in the cabinet meetings and what the president was doing or planning.

Meanwhile, the Radical Republicans discussed reducing the size of the Supreme Court from 9 to 7 so that if any vacancies opened up Johnson would not have an opportunity to name anyone to the Court. Congress did not actually do this, but the fact that they were thinking about it and talking about it may have intimidated the Court. It was also the case that Salmon P. Chase had been appointed Chief Justice of the Supreme Court by Lincoln. As an abolitionist and Republican himself, he was inclined to cooperate with the Republican Congress.

The Republicans were looking for any excuse they could find to get rid of Johnson, and he for his part was trying to block the Republican approach to Reconstruction every way that he could, since he opposed the 14th Amendment and the Reconstruction Acts.

In January 1867 the House of Representatives instructed the Judiciary Committee to "inquire into the conduct of Andrew Johnson," and a long investigation began. In June 1867 Johnson removed district military commanders who seemed too friendly with the Republicans. In August 1867 he suspended the Secretary of War, Edwin Stanton, and nominated Ulysses S. Grant to replace him. But the Senate indicated its opposition and Grant withdrew his name. Johnson then denounced Grant for "treachery." In Feb. 1868 Johnson formally dismissed or fired Stanton, and nominated General Lorenzo Thomas as his successor. Stanton barricaded himself in the War Department and refused to go.

This drama provoked the wrath of Congress. On Feb. 24th the House voted 126-47 to charge the president with high crimes and misdemeanors, especially violating the Tenure of Office Act by firing Stanton. However Stanton had been appointed by Lincoln, not Johnson. The trial began in the Senate on march 5th, with Chief Justice Salmon P. Chase presiding. There was little proof that Johnson had violated the Tenure of Office Act, The real issues were political, not legal. The real issue was that Johnson was opposing the will of Congress.

On May 16, 1868 the Senate voted on the charges. A conviction required a 2/3rds vote of the Senate, or 36 out of 54. The vote was 35 guilty, 19 not guilty. This was 1 vote short of conviction. Seven Republicans broke ranks and voted with 12 Democrats to acquit the president. On May 26 the Senate voted on two other articles of impeachment. The vote was exactly the same. At this point, the Radicals smelled defeat and gave up.

This episode is regarded as the low point of the American presidency, as the executive and legislative branches sank into the gutter with bitter partisan bickering and squabbling. Sadly, the Republicans tossed aside even the appearance of due process and fairness. Senator Benjamin Wade of Ohio was the president pro tem of the Senate. He was next in line to succeed to the presidency if the president were convicted and removed from office. For Wade to vote in this situation was a blatant conflict of interest. He did not recuse himself, but voted to convict the president whose conviction would catapult him (Wade) into the presidency.

Johnson was tried but not convicted. He came within one vote of being convicted and removed from office. He completed the last 10 months of his presidency as lame duck, after which he soon drank himself to death. Never did a Congress wield such power over a president.

In March 1868 this Congress also adopted a measure that removed the jurisdiction of the Supreme Court over cases arising under the Reconstruction Act of March 1867. The Court acquiesced to this and used it as an excuse to refuse to hear some cases challenging Reconstruction.