Impeachment of Andrew Johnson

Andrew Johnson and Congress

President Andrew Johnson was a Southern Democrat who owned enslaved people. Yet, he held the highest office in the US government when Southern states were readmitted to the union after the Civil War. He had remained loyal to the Union while serving as Senator from Tennessee. However, radical Republicans in control of Congress wished to enact strict changes on Southern states. Johnson's leniency towards the region he came from contrasted with Republican's desire for change, which created a tense relationship.

Lead up to Impeachment

The events leading to Andrew Johnson's impeachment surprised many in Congress. Although the relationship had been tense, no one expected Johnson to defy Congress so strongly. However, Johnson was thoroughly opposed to the nation's future envisioned by Radical Republicans. He frequently vetoed legislation aimed at helping Black people and newly freed slaves.

Fig.2 - Edwin Stanton

Johnson's Plan

An idea that Johnson had to get around Congress was the removal of Edwin Stanton from his cabinet position. Edwin Stanton was President Andrew Johnson's Secretary of War. Johnson believed that if he got rid of Stanton, it would be easier to recall the soldiers who were occupying the South. Without the army maintaining martial law and protecting Black Americans, Johnson thought it would be easier to go soft on former Confederates.

Tenure of Office Act

To prevent Johnson's plan in March 1867, the Tenure of Office Act was passed by Congress. The act stated that Congress had to agree if the President wanted to remove a member of their Cabinet. Congress created the act specifically due to their tense relationship with Johnson. Radical Republicans believed that Stanton was one of their only allies in the Johnson administration.

First Attempt to Fire Stanton

Despite the new act, Johnson tried to fire Stanton twice. The first time was in August 1867. This did not succeed because Congress took a recess before the Senate could take up the issue. Johnson suspended Stanton and replaced him. Once Congress resumed, they halted his attempt and returned Stanton to office.

Fig.3 - Johnson Impeachment Political Cartoon

Impeachment of Andrew Johnson Summary

Second Attempt to Fire Johnson

The second time was in February 1868. Johnson thought he would be able to challenge the Tenure of Office Act as being unconstitutional. He picked a new person for the job and told Stanton he was fired. Stanton alerted allies he had in the House of Representatives.

Articles of Impeachment

Republicans in the House of Representatives believed that Johnson's actions met the threshold of "high crimes and misdemeanors" required for impeachment. Eight of the articles were specifically about Johnson's attempt to fire Stanton in violation of the Tenure of Office Act and other acts of Congress relating to Reconstruction were also declared to have beeen ignored by Johnson. As President, it was Johnsons role to implement and enforce the acts of Congress, yet he chose to act against them. One of the articles claimed Johnson made speeches defaming Congress, in an attempt to destroy the respect of the people for Congress which it should have been his duty to maintain. Johnson was charged with both ignoring Congress and attempting to reduce its legitimacy within the public opinion.

Fig.4 - Andrew Johnson Senate Trial

Trial in the Senate

The Senate trial lasted for two months. The House Managers who attempted to argue the case undermined themselves by discussing their antagonistic relationship with Johnson. A former Supreme Court Justice argued for Johnson and tried to state that the Tenure of Office Act gave Congress unconstitutional power over the President. The case proved to be highly partisan, with arguments as much about the personal relationship of Johnson to Congress as about the law itself.

Acquittal in Senate

In the end, Johnson was acquitted. The votes over his fate took place on two separate days, March 16 and 26, 1868. Only a single vote made the difference. Tally was 35 to 19 in favor convicting of Johnson, but the requirement was a two-third majority. While Johnson had been antagonistic towards Congress, the objective legal arguments of the case did not hold up as a crime.

Weakness of the Case

The trial was desicrbed at the time as being very theatrical. Although Republicans in general opposed Johnson, Republican moderates sided with Democrats in that these specific articles of impeachment did not hold up. Many agreed that Johnson's comments about Congress were unbecoming but did not believe that tehy were illegal. Also, the Tenure of Office Act on which many of the articles rested was itself shaky. Johnson's arguments that it was unconstitutional would later be vindicted when the act was repealed in 1887.

Impeachment of Andrew Johnson Impact

Andrew Johnson was the first president to be impeached. The little understood process played out for the first time in a public spectacle. Johnson's party would lose in the 1868 election. The act at the center of it, the Tenure of Office Act, would later be repealed. The nature of what exactly constitutes "high-crimes and misdemeanors" continues to be argues.