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IMPEACHMENT TRIAL OF ANDREW JOHNSON.
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Discusses the first impeachment trial of an American President.... More...
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Paper Abstract:
Discusses the first impeachment trial of an American President. Issue of accountability. Presidential aggression and Congress. Political issues that led to Johnson's trial. Actions of the Republican majority. Conflict between the President and Edwin Stanton. Details of the impeachment trial of 1868. Public support for Johnson. His aquittal by one vote.
Paper Introduction:
THE IMPEACHMENT OF ANDREW JOHNSON
The recent attempts to impeach President Clinton re-focused historians and politicians on the first impeachment trial of a U.S. President, Andrew Johnson, in 1868.
The widely held view that the impeachment was a political abuse of constitutional power and an attempt to make the president subservient to Congress is greatly exaggerated. It was reluctantly undertaken by representatives who felt compelled to defend their institution against presidential aggression (Stathis, 29).
The key is “accountability”. “Among American presidents, Andrew Johnson experienced one of the major tests of accountability. His political future as well as the fate of several members
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(1989). The U.S. When a vote wastaken in the house, the vote, according to Smith (1977) for impeachment was126 to 47. Nevertheless, Johnson took it upon himself toremove two military commanders who had carried out Congress' ReconstructionActs a little too vigorously. 17, i. Today we tend to remember Andrew Johnson merely as the first AmericanPresident to be impeached, and the fact that he avoided impeachment by asingle vote. Hemet the gaze of the Chief Justice, said 'Guilty' and sat down" (Lomnask331). Then came the long drawn-out list of prosecution witnesses. Four other senators were sure to vote Not Guilty, so Rosswas more or less the "swing vote". "A New Look at the Impeachment of AndrewJohnson" Political Science Quarterly vol. Then, 'Not Guilty!' Solemnly, the roll call proceeded but the tension was gone....The total was 35 to 19, one short of the 36 necessary to convict (Lomask 332). The real issue was political- the president's use of the powers of hisoffice to obstruct the execution of laws that Congress had enacted. But,on the initial ballot in New York City, he only received 65 votes. "At 12:3 ChiefJustice Chase took his chair. They claimed that the dismissal of Stanton wasthe last of Johnson's offenses, while another called Johnson "an accidentalPresident made so by an assassin's bullet" (Smith 234). There was bad blood between Stanton and Johnson. But,after a number of ballots the Democrats selected Horatio Seymour of NewYork for President, and Francis P. And finally, thefifty-fourth, the half-paralyzed Senator Grimes was guided to his seat byfour of his friends. He got right to the heart of the matter- namely the major complaintthat brought about the impeachment proceedings, the dismissal of Stanton.Curtis pointed out that since Stanton was appointed by Lincoln and not byJohnson, he was not covered by the Tenure of Office Act, but that, in anyevent, the president had the right to test the constitutionality of thelaw. Johnson opposed some of thestrictest measures of the Reconstruction Act that Congress had passed, buthis veto was overridden. Stathis, S.W. 24, i. Lomask, M. Thomas, L. Even so, it must be stated thatJohnson was not a racist and that this impeachment controversy had littleto do with the enfranchisement of the Negro. Fear not, then, to acquit him. Impeaching the President Brookfield CT: TheMilbrook Press. This was on only one of the eleven articles of impeachment, of course,but it was certain that the other ten articles' votes would be about thesame. "He threatened to appear in person if hisdefense were not conducted according to his own ideas, and said if he werethen convicted, nobody but himself could be blamed" (Trefousse 1989 318). At the same time this trial was going on, there was still a lot ofsupport for Johnson from the people. Politics was the motivation for thisConstitutional crisis, and even though the acquittal was merely by a singlevote, it served to provide an example that Constitutional law and politicsdo not really mix. "But thetestimony of prosecution witness after witness added little that was notalready known and interest flagged until April 9, when the defensepresented its case" (Trefousse 319).The defense began with a speech by Johnson's principal lawyer, Benjamin R.Curtis. When the Republicans suffered great losses at midterm local and stateelections, when black suffrage was winning over states such as Kansas, andDemocrats narrowly lost elections in Ohio, "A handful of RadicalRepublicans were convinced that the solution to their party's problems layin removing the president from office." (Morin 1996 49) The Senate andHouse convened a Committee of Fifteen, and then Thaddeus Stevens announcedthat "the group had voted overwhelmingly to recommend impeachment of thepresident" (Smith 1977 234). The widely held view that the impeachment was a political abuse of constitutional power and an attempt to make the president subservient to Congress is greatly exaggerated. Insome ways, then, he was a man ahead of his time. "Impeachment and Trial of President AndrewJohnson: A View from the Iowa Congressional Delegation"Presidential Studies Quarterly vol. And it was then that Thaddeus Stevens formally announced that"he, 'in the name of the House of Representatives and all the people of theUnited States' impeached the President of the United States" (Smith 235).What was now happening was that "partisan passion overshadowedconstitutional issues, and the two sides in the controversy came to see oneanother as morally evil and engaged in dark conspiracies to subvertliberty" (Rable 1978 151). as Vice Presidentialcandidate. "Among American presidents, AndrewJohnson experienced one of the major tests of accountability. In addition,. The Court held that an 1876 law limiting the president's power top remove certain postmasters from office without the Senate's approval was unconstitutional (Morin 57). 2 p 151-173. (1968). V. He thought thathe might have a better chance at getting the nomination as a Democrat. The ill Grimes, even though he was permitted to remain seated, stoodand said "Not Guilty!". Today, most historians agree that the Tenure of Office Act was an unconstitutional attempt by Congress to infringe on the president's authority to select his own advisers. Supreme Court settled the issue in a 1926 decision regarding the removal of a local postmaster without the Senate's approval. They will find a way to Raise him from any depths to which you may Consign him, and we shall live to see him Redeemed and we shall hear the majestic voice Of the people, 'Well done, faithful servant, You shall have your reward' (Smith 282). It was Congress, and especially the Radicals, who saw profits in thenewly-conquered South that began to oppose Johnson, mildly at first, andthen more and more vituperatively. The path to Impeachment began,literally, with Johnson's first State of the Union address "The suggestionthat the Southern states should be treated as conquered territories, andruled by force, the President rejected as unjust and self-defeating"(Thomas 1968 381). There was more than a compassionate reason, of course.As Thomas (1968) explains, the patronage that would be created by amilitary occupation and set-up would be enormous, and Johnson said thatthere was not a single man he could entrust with such a responsibility. By the time the roll call reached Senator EdmundRoss of Kansas, there were 14 Not Guilty votes. Stanton had been too "friendly" and too supportive of the Republicansin Congress and opposed many of the more conciliatory measures that Johnsonwas attempting to have passed to return the South into the Union. For some reason, Johnson seemed determined to handle his own defense.He was talked out of it, but he grew impatient with the legal experts thatwere handling that defense. The final defense speech was made by the former Attorney-General,Henry Stanberry. Then came the House ofRepresentatives, led by (Thaddeus) Stevens and (John)Bingham, arm in arm"(Trefousse 318). What was really strange was that the press, many newspapershaving vilified him before and during his impeachment trial, now hailed hiselection as Senator as a sort of "national victory". THE IMPEACHMENT OF ANDREW JOHNSON The recent attempts to impeach President Clinton re-focused historiansand politicians on the first impeachment trial of a U.S. Anthony of Rhode Island.There had been a time when Anthony was mentioned among the Doubtfuls. Everything depended on Ross....his eyes revealed nothing, and his stance was firm as he waited for the Chief Justice to finish the lengthily-worded question. It should be made clear at the point that this writer's bias leanstoward Andrew Johnson and his policies and the fact that "in spirit, if notin detail, Johnson's program was Lincoln's program" (Lomask 1973 54). 1 pp 29-47. The Constitution of the country is as safe in his hands from violence as it was in the hands of Washington. His politicalfuture as well as the fate of several members of Congress hung in thebalance" (Stathis, 29).What was this accountability? 3 p. He felt that to have received the nomination would "have been avindication such as no man had ever received" (Lomask 343). He had wanted to fire him, but couldnot. It was reluctantly undertaken by representatives who felt compelled to defend their institution against presidential aggression (Stathis, 29). Grant. But,that was not good enough for those Senators who now called themselves"Radicals". All in all, Johnson was determined, even with the opposition ofCongress, to work with conservative Southerners to overcome therestrictions of the harshest parts of the Reconstruction Acts. But, the American public seemed unawareof this. The Constitutional crisis was now over. Theseeds for distrust of Johnson came from those who would profit the mostfrom some sort of Southern occupation, and those who still felt thatrevenge was in order. Bingham, on the other hand, called Johnson the first King of thepeople of the United States and ended his speech with: "Before man and God,he is guilty!" (Smith 283). This lit the fire under Congress, as didJohnson's suspending Edwin Stanton. The Act actually went one step further by declaring thatany violations of this act would be considered high misdemeanors- "a clearsignal to the president that he risked impeachment if he attempted toremove any official without the Senate's agreement" (Morin 1996 45). Norton. The key is "accountability". "The Nation observed,in belated apology, that Johnson's 'personal integrity...and his respectfor the law and the Constitution make his administration a remarkablecontrast to that which succeeded it" (Thomas 83 ). Andrew Johnson -- A Biography New York: W.W.Norton. The proceedings officially began on March 3 , 1868, and according toreports there was a huge crowd on and near Capitol Hill. (1996). 88, i. But if, Senators, you condemn him, if you strip him Of the robes of office, if you degrade him To the utmost stretch of your power, mark The prophecy: the strong arm of the people Will be about him. (1994). "The White House mail bag bulged withmessages of confidence and encouragement....A group of Indiana citizensoffered to pay his legal bills....Even the radical press expressed doubt ofthe wisdom of Congress' actions" (Thomas 1968 582). The First President Johnson New York: WilliamMorrow & Co. Johnson would be acquitted. But, he was honest and he was obstinate when it came todefending the Constitution. He believed his actions were right and proper.But, it would be at least 1926 before the Supreme Court would agree. It was really nothing more than having tomake decisions about how to treat the South, how to permit them to returnto the Union, and the political price that must be paid to try to find somesort of resolution, rather than a stalemate. It took more than a month for the two sides topresent their arguments. (1977). It would take 19 Not Guiltyvotes to acquit. Compared to what went on before, they were relatively quiet ones.He actually thought about asking for the nomination for President again asa Democrat. (1978) Forces of Darkness, Forces of Light: TheImpeachment of Andrew Johnson and the Paranoid Style" Southern Studies.vol. Members ofCongress were angry that Johnson had fired several officials who refused topromise to support his policies. Smith, G. It is worth quoting the final few sentences of his closingargument: Yes, Senators, with all his faults, the President has been more sinned against than sinning. It was not so much the rule of law, even thoughin this case it was very narrowly applied, but the tug of war betweenCongress which had its own priorities, and the President who saw himself asa sort of "savior" of the Southern whites. 349. The defense entered. Without going into great detail about the witnesses and the argumentsand harangues back and forth, the key, of course, is the outcome- and theroad to that decision. In an unusual action, six years later, in 1873, the state of Tennesseeelected him as Senator and he came back to Washington. When the voting finally began in the Senate, several of the illsenators were literally carried in on stretchers, including Senator Howard."Walking the rest of the way, supported by two men, he sank into his seat,a large shawl stood about his shoulders....Now, fifty-three of AndrewJohnson's judges and jurors were on hand" (Lomask 33 ). One such reason wasthat Stanton seemed to have spread rumors that Johnson was a drunkard, andthat some of the hangings of suspected abettors in the assassination ofLincoln could have been stopped with reprieves of mercy by Johnson, butthat he was too drunk to sign the measures. President, AndrewJohnson, in 1868. Andrew Johnson: President on Trial New York:Octagon Books. The roll call proceeded alphabetically, each Senator rising in hisplace to announce his vote. "Andrew Johnson was enjoying the confidence of the public to adegree probably greater than anything Lincoln had known until the closingmonths of his life" (Lomask 1973 115). References Benedict, M.L. Of course, they lost heavily to Ulysses S. "Among the Radicals, President Johnson was now berated as an'apostate', as a man 'who betrayed the men who elected him'" (Lomask 197355). Thiswas purely a political, rather than a Constitutional move. Trefousse, H. The Impeachment and Trial of Andrew Johnson NewYork: W.W. (1973). (1973). Blair, Jr. The Republican majority in Congress next took steps that would lead tothe eventual impeachment. Morin (1996) also writes that the claim of President Johnson'sviolation of the Tenure of Office Act was only a pretext for impeachinghim. The impeachment then began with a dry, legal speech whichoutlined the reasons for "high crimes and misdemeanors" including thebelief that Edwin Stanton, even though he was appointed by Lincoln, stillfell under the Tenure of Office Act. After the trial was over, Andrew Johnson only had nine more months ionoffice. He was sixty-sevenat the time. "First was Henry B. It wasobvious to Johnson that the Union could never be pulled together again ifthe letter of these laws were carried out by military commanders andNorthern profiteers. One has to remember that the framers of the Constitution built in notmerely the separation of the Executive, Legislative, and Judicial systemsof government, but also created a balance of power where one could notoverride and subvert the other easily. Morin, I. All in all, those who expected somesort of fireworks, were sorely disappointed. First, by passing, in March, 1867, the Tenure ofOffice Act, "which forbade the President from removing any federal officialwhose appointment required Senate confirmation without that Bodys consent"(Morin 1996 45). Rable, G.C. "The Senate vote did not begin until May 216,1868, almost three months after the House had voted to impeach thepresident" (Morin 57).
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