Malcolm Rivera
On February 24, 1868, Andrew Johnson became the first president of the United States to be impeached by the House of Representatives. Johnson's impeachment trial was the culmination of repeated clashes with the Republican-controlled Congress over the reconstruction of the defeated South following the Civil War. The primary charge against Johnson was that he had violated the Tenure of Office Act by attempting to dismiss Secretary of War Edwin Stanton, a prominent Radical Republican. Johnson's impeachment and trial had important political implications for the balance of federal legislative-executive power, setting a precedent that the defendant in future impeachment trials would have to have committed an actual crime in order to be convicted.
| Characteristics | Values |
|---|---|
| Date of impeachment | February 24, 1868 |
| Position | President of the United States |
| Primary charge | Violating the Tenure of Office Act by removing Edwin Stanton from office |
| Political context | Clashed with Republican-controlled Congress over reconstruction of the defeated South, including opposing rights for freed slaves |
| Outcome | Acquitted due to insufficient votes for conviction, preserving constitutional balance of powers |
| Significance | Checked congressional attempts to control federal policy and limited the use of impeachment as a political tool |
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What You'll Learn
Johnson's challenge to the Tenure of Office Act
The Tenure of Office Act was a federal law in force from 1867 to 1887. It was enacted on March 2, 1867, over the veto of President Andrew Johnson. The law restricted the president's power to remove certain office-holders without the approval of the US Senate. It aimed to prevent the president from removing any executive officer who had been appointed by the president with the advice and consent of the Senate, unless the Senate approved the removal during the next full session of Congress.
Andrew Johnson opposed political rights for freedmen and called for a lenient reconstruction policy, including pardoning former Confederate leaders. He vetoed the Freedmen's Bureau bill in February 1866, breaking ties with his Republican opponents in Congress. In response, Congress passed the Fourteenth and Fifteenth Amendments, promising political rights to African Americans. Johnson's views on Reconstruction and his repeated clashes with Congress led to his impeachment trial in 1868.
Johnson's impeachment trial is considered significant as it checked the attempt by certain Members of Congress to establish congressional control of federal policy and reduce the President's role in governance. The acquittal also prevented future Congresses from using impeachment as a means of settling policy differences with the executive.
The House of Representatives adopted eleven articles of impeachment, most of which centred on Johnson's alleged violation of the Tenure of Office Act. Article 1 stated that Johnson ordered Stanton's removal with the intent to violate the Act. Articles 2, 3, and 8 alleged that the appointment of Thomas without the advice and consent of the Senate was a further violation of the Constitution. Johnson's defence team argued that his actions did not violate the Act and that he was testing the constitutionality of the Act before the Supreme Court. They also claimed that Johnson was not obligated to continue Stanton's service as he had been appointed by Lincoln.
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The constitutionality of the Tenure of Office Act
The Tenure of Office Act was a federal law passed in 1867 that restricted the US president's power to remove certain officials. The law was enacted on March 2, 1867, over the veto of President Andrew Johnson. It denied the president the power to remove any executive officer who had been appointed by the president with the advice and consent of the Senate. If the Senate did not approve of the removal during the next full session of Congress, the president would be required to reinstate the official.
The Act was passed by Congress to protect Secretary of War Edwin Stanton, a Lincoln appointee, from being fired without the Senate's consent. Stanton often sided with the Radical Republican faction and had a good relationship with Johnson. However, he strongly opposed Johnson's Reconstruction policies, and the president hoped to replace him with Ulysses S. Grant, who was more aligned with his political thinking. In August 1867, while Congress was in recess, Johnson suspended Stanton and appointed Grant as secretary of war ad interim. When the Senate opposed Johnson's actions and reinstated Stanton, Grant resigned, fearing consequences for his own presidential ambitions. Johnson then fired Stanton and appointed Major General Lorenzo Thomas, a long-time foe of Stanton, as interim secretary. Stanton had Thomas arrested for illegally seizing his office.
The Tenure of Office Act was controversial and its phrasing was murky. It was not entirely clear whether the Act applied to cabinet officials appointed by a previous president, such as Stanton. Johnson's attempt to remove Stanton from office without the Senate's approval led to his impeachment in early 1868 for violating the Act. The primary charge against Johnson was that he had violated the Tenure of Office Act by removing Stanton and replacing him with Thomas. Johnson's impeachment trial was significant because it checked the attempt of certain Members of Congress to establish congressional control of federal policy and reduce the President's role in governance.
The Act was significantly amended by Congress on April 5, 1869, under President Ulysses S. Grant, and was completely repealed in 1887. The repeal strengthened the powers of the president. In 1926, the Supreme Court ruled that a similar law was unconstitutional, affirming the ability of the president to remove an official without Congressional approval.
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Congress's power to pass the Tenure of Office Act
The Tenure of Office Act was passed by Congress in March 1867 over President Andrew Johnson's veto. The Act restricted the president's power to remove civil officers without the Senate's consent. The Act was passed by Radical Republicans in Congress, who wanted to wrest control of Reconstruction from Johnson. The Republicans vehemently opposed Johnson's conciliatory policies towards the defeated South and wanted to impose their own military and civil programs.
The Tenure of Office Act was aimed at preventing Johnson from removing Edwin Stanton, the Secretary of War, from office. Stanton was an ally of the Radical Republicans in the Cabinet. Johnson, however, wanted to replace Stanton with Ulysses S. Grant, who was more aligned with his political thinking. In August 1867, while Congress was in recess, Johnson suspended Stanton and appointed Grant as the interim Secretary of War. When the Senate reconvened, it refused to ratify Stanton's removal and reinstated him. Johnson, furious with his congressional opponents, fired Stanton and appointed Lorenzo Thomas, a long-time foe of Stanton, as interim secretary. Stanton promptly had Thomas arrested for illegally seizing his office.
This debacle amounted to a presidential challenge to the constitutionality of the Tenure of Office Act. Johnson's opponents in Congress were outraged by his actions, believing that he had overstepped his authority. In response, an impeachment resolution was introduced in the House by Representatives Thaddeus Stevens and John Bingham. The primary charge against Johnson was that he had violated the Tenure of Office Act by removing Stanton without the Senate's approval. Johnson's impeachment trial was significant as it checked the attempt by certain members of Congress to establish congressional control over federal policy and reduce the President's role in governance.
The constitutionality of the Tenure of Office Act was questioned even during its passage. Every member of Johnson's Cabinet advised him that the proposed law was unconstitutional. The Act was formally repealed in 1887. In 1926, the Supreme Court ruled that a similar law was unconstitutional, affirming the President's power to remove officers without Congressional approval.
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Johnson's violation of the Fourteenth and Fifteenth Amendments
The impeachment of Andrew Johnson, the first US president to be impeached, was initiated by the House of Representatives on February 24, 1868, for "high crimes and misdemeanors". The primary charge against Johnson was that he had violated the Tenure of Office Act by removing Edwin Stanton, the Secretary of War, and replacing him with Brevet Major General Lorenzo Thomas. Johnson's actions were seen as a challenge to congressional authority and the constitutionality of the Tenure of Office Act.
While Johnson's impeachment was not directly related to specific violations of the Fourteenth and Fifteenth Amendments, his actions and policies during his presidency had broader implications for these amendments and the civil rights they sought to protect.
Johnson clashed repeatedly with the Republican-controlled Congress over the reconstruction of the defeated South following the Civil War. He opposed political rights for freedmen, called for a lenient reconstruction policy, and vetoed legislation passed by Congress to protect the rights of those who had been freed from slavery, including the Freedmen's Bureau bill in February 1866. In response, Congress passed the Fourteenth and Fifteenth Amendments, which had indirect effects on expanding suffrage for African American males.
The Fourteenth Amendment, which was ratified in 1868, addressed requirements for Southern states to be fully restored to the Union. These states were required to enact new constitutions, ratify the Fourteenth Amendment, and guarantee voting rights for black males. While Johnson signed a warrant to place the Seal of the United States on a proclamation announcing Florida and North Carolina's ratification of the Fourteenth Amendment, he considered his role to be purely "ministerial" and not indicative of approval or recommendation of the amendment.
The Fifteenth Amendment, approved by Congress in 1869 and ratified in 1871, explicitly guaranteed voting rights for African American males. It prohibited the federal government or any state from restricting the right to vote based on race, colour, or previous servitude. Johnson's presidency witnessed an upsurge in black political activity, which was met with racist propaganda and terrorist tactics by Southern whites, including the emergence of the Ku Klux Klan.
In conclusion, while Johnson's impeachment was centred on his violation of the Tenure of Office Act, his broader opposition to civil rights and reconstruction policies set the stage for the Fourteenth and Fifteenth Amendments. His resistance to protecting the rights of freed slaves and his attempts to block congressional reconstruction efforts ultimately led to the adoption of these amendments, which expanded suffrage and guaranteed voting rights for African Americans.
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Johnson's impeachment as a political, not criminal, act
The impeachment of President Andrew Johnson in 1868 was a highly significant event in US history, as it was the first time a sitting president had been impeached. Johnson's impeachment was initiated by the House of Representatives on February 24, 1868, and he was charged with "high crimes and misdemeanors". The primary charge against him was that he had violated the Tenure of Office Act by removing Edwin Stanton, the Secretary of War, without the approval of the Senate. Stanton was a prominent Radical Republican, and Johnson's attempt to replace him with Lorenzo Thomas was seen as a challenge to congressional authority.
While Johnson's actions were deemed a violation of the Tenure of Office Act, some, like Wilson, argued that they did not constitute a crime under common law or statute. Indeed, Johnson's impeachment was largely driven by political motivations and differences between Johnson and Congress, particularly regarding the Reconstruction of the South after the Civil War. Johnson, a white supremacist, opposed granting political rights to freed slaves and was at odds with the Radical Republicans, who wanted to guarantee these rights. Johnson's impeachment, therefore, served as a means to challenge his policies and assert congressional control over Reconstruction.
The impeachment trial in the Senate began on March 5, 1868, with Chief Justice Salmon P. Chase presiding. The trial was not solely focused on Johnson's violation of the Tenure of Office Act but also addressed his broader conduct and political views. Johnson's defence team included prominent lawyers and a former Supreme Court Justice. Despite the Republicans holding more than two-thirds of the seats in the Senate, Johnson was acquitted on May 16, 1868, by a vote of 35-19, falling short of the required majority.
The acquittal of Johnson had important implications for the balance of federal legislative-executive power. It established that impeachment should be reserved for criminal acts rather than political differences. Johnson's impeachment and subsequent acquittal also set a precedent, preventing future Congresses from using impeachment as a tool to settle policy disputes with the executive branch.
In conclusion, while Johnson's actions may have warranted impeachment due to his violation of the Tenure of Office Act and challenge to congressional authority, his impeachment was ultimately a political act rather than a criminal one. The trial and its outcome reinforced the constitutional balance of powers and set a standard for future impeachment proceedings in the United States.
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Frequently asked questions
Johnson was impeached for "high crimes and misdemeanors", specifically for violating the Tenure of Office Act by removing Secretary of War Edwin Stanton without the Senate's consent.
Johnson was acquitted by the Senate, which fell one vote short of the two-thirds majority required to convict him and remove him from office.
The trial checked the attempt by some members of Congress to establish congressional control over federal policy and limit the President's role in governance. It also set a precedent that in future impeachment trials, the defendant must have committed an actual crime to be convicted.
Thaddeus Stevens, a Radical Republican, was one of the House prosecutors and is considered the leader of the forces behind the push for impeachment. He believed impeachment was a purely political process and that the case against Johnson should be broader than just his violation of the Tenure of Office Act.
The Tenure of Office Act was passed by Congress in 1867 to protect Edwin Stanton from being fired without the Senate's consent, as he often sided with the Radical Republicans. Johnson's challenge to the Act's constitutionality was a key factor leading to his impeachment.
