Malcolm Rivera
President Andrew Johnson was impeached by the House of Representatives on February 24, 1868, for violating the Tenure of Office Act. Johnson was accused of disregarding the Constitution and the law of Congress by firing Secretary of War Edwin M. Stanton, a prominent Radical Republican, and appointing an interim replacement without the approval of the Senate. The Tenure of Office Act, passed by Congress in 1867, required Senate approval for the removal of Cabinet members during the tenure of the president who appointed them and for one month afterward. Johnson's impeachment trial in the Senate ended in acquittal, with the vote falling short of the two-thirds majority required to convict.
| Characteristics | Values |
|---|---|
| Impeachment Trial | 1868 |
| Reason | Violation of the Tenure of Office Act |
| Congress | 39th United States Congress |
| Date of violation | 18th August 1866 |
| Location | Washington, District of Columbia |
| Action | Public speech |
| Content | Denial of the validity of the Congress and its legislation |
| Congress response | Reauthorised the Tenure of Office Act |
| Impeachment vote | 128-47 |
| Impeachment articles | 11 |
| Impeachment articles related to Tenure of Office Act | 8 |
| Impeachment trial Chief Justice | Salmon P. Chase |
| Trial result | Acquitted |
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What You'll Learn
Johnson's impeachment trial
On February 24, 1868, President Andrew Johnson was impeached by the House of Representatives for violating the Tenure of Office Act. Johnson had attempted to remove Secretary of War Edwin M. Stanton, a prominent Radical Republican, from his cabinet. To prevent the president from doing so without congressional approval, the House passed the Tenure of Office Act in 1867. Johnson challenged the act by firing Stanton and appointing Lorenzo Thomas as an interim replacement.
During the trial, Johnson's lead attorney, William M. Evarts, argued that even if Johnson did violate the law, his motive was to create a legal controversy to be settled by the Supreme Court. The Senate voted 35-19 to convict President Johnson, falling one vote short of the two-thirds majority required to remove him from office.
Johnson's impeachment and trial occurred during a period of tension between the president and Congress, primarily over Reconstruction policies in the former slave states and control over officials in the Executive Branch. Johnson, a former Democrat and slave owner, clashed with the majority Republican Congress on several issues, including his lenient approach to the South and his veto of the Civil Rights Act.
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The Tenure of Office Act
The Act was passed over the veto of President Andrew Johnson, who believed it to be an unconstitutional infringement on the power of the executive. Johnson's opposition to the Act was shared by all members of his Cabinet, including Secretary of War Edwin Stanton, a Lincoln appointee. Stanton had become increasingly at odds with Johnson and the rest of his Cabinet, and had been conspiring with Radical Republicans in Congress to thwart Johnson's policies on Reconstruction. In August 1867, with the Senate out of session, Johnson suspended Stanton pending the next session of the Senate. When the Senate reconvened on January 13, 1868, it refused to ratify the removal by a vote of 35-6. Johnson, however, refused to accept the Senate's decision and, on February 21, 1868, appointed Lorenzo Thomas as Secretary of War, hoping to create a case through which to challenge the legitimacy of the Act before the Supreme Court.
Impeachment proceedings against Johnson began within days, with the House of Representatives voting 126-47 along party lines. Eight of the eleven articles of impeachment related to the Tenure of Office Act and Stanton's removal. The Senate voted 35-19 to convict Johnson, falling one vote short of the two-thirds majority required. The Tenure of Office Act was formally repealed in 1887, and in 1926, a similar law was ruled unconstitutional by the Supreme Court.
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Johnson's relationship with Congress
President Andrew Johnson's relationship with Congress was fraught with conflict and tension, ultimately leading to his impeachment trial in 1868. Johnson, a former Democrat, became president in 1865 after the assassination of President Abraham Lincoln, his predecessor. Johnson's relationship with the Republican-dominated Congress quickly deteriorated, clashing over Reconstruction policies in the former slave states and control over officials in the Executive Branch.
Johnson's opposition to the Fourteenth Amendment, proposed by Congress, highlighted their ideological differences. The amendment aimed to prevent ex-Confederates from holding office and establish the citizenship of African Americans, overturning the Dred Scott decision of 1857. Johnson's lenient approach towards the South and his denial of federal citizenship for freedmen further strained relations. Johnson vetoed the Freedmen's Bureau bill, which sought to provide citizenship for freedmen, and Congress overrode his veto.
The Tenure of Office Act, passed by Congress in 1867, was a significant point of contention. Johnson challenged the Act by removing Secretary of War Edwin Stanton, a prominent Radical Republican, and appointing an interim replacement. This led to his impeachment by the House of Representatives, charging him with violating the Tenure of Office Act. The impeachment trial in the Senate fell short of the required two-thirds majority to remove Johnson from office.
Johnson's public speeches and statements also played a role in his tumultuous relationship with Congress. He accused Congress of "trying to break up the government" and disregarding constitutional limits on its legislative power. Johnson's actions and words were seen as attempts to bring Congress into "disgrace, ridicule, hatred, contempt, and reproach," undermining the harmony and respect between the executive and legislative branches.
In summary, President Andrew Johnson's relationship with Congress was marked by ideological differences, policy clashes, and mutual distrust. Johnson's opposition to Congress's Reconstruction efforts, his vetoes of civil rights legislation, and his challenge to the Tenure of Office Act led to his impeachment trial. The trial's outcome fell short of removing Johnson from office, but the relationship between the president and Congress remained strained throughout his presidency.
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Johnson's views on slavery
Andrew Johnson, the 17th President of the United States, was a Democrat and former slave owner. He was the only Southern Senator to remain in his seat when the South seceded from the Union. Johnson's views on slavery were ambivalent and have been described as an "impersonation of the tyrannical slave power".
Johnson's relationship with slavery was complicated. He was a southerner who supported the Union and gradual emancipation, but he also perpetuated slavery through the bondage of others. Johnson owned slaves, although he was not born into the practice. He was loyal to the North and referred to himself as the "Moses of the colored men".
Johnson's ambivalent position on slavery is most clearly demonstrated by his successful attempt to convince Lincoln to exempt Tennessee from the Emancipation Proclamation in 1863. However, as the war continued, Johnson expanded his support for emancipation. This was likely to remain in favor with northern politicians, particularly President Lincoln, and because he realized that the preservation of slavery in the South was becoming increasingly unlikely as the Civil War raged on. As a result, Johnson appeared before a gathering at the Tennessee State Capitol in 1863 and stated:
> "The system of negro Slavery [has] proved baleful to the nation by arraying itself against the institutions and interests of the people, and the time [has] clearly come when means should be devised for its total eradication from Tennessee."
Johnson's self-imposed proximity to his formerly enslaved servants, by bringing them to the White House and sharing his home in Greeneville, further emphasizes his perception of them as family, perhaps initiated by a blood connection to those he held in bondage.
Johnson's actions, however, worsened the lives of many African Americans in Reconstruction America by attempting to stop government programs and legislation designed to help them. His antipathy toward African-American civil and political rights revived the racial hierarchies that had allowed slavery to exist in America in the first place.
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Johnson's breach of the Constitution
President Andrew Johnson's breach of the Constitution involved a series of events that led to his impeachment trial in 1868. Johnson, a former Democrat and slave owner, became president in 1865 after the assassination of Abraham Lincoln, serving as his vice president. Johnson's relationship with the Republican-dominated Congress was strained due to disagreements over Reconstruction policies and control over officials in the Executive Branch.
One of the main issues was Johnson's approach to the post-Civil War South. Johnson issued proclamations granting amnesty to white Southerners who took a loyalty oath and outlining a reconstruction plan that included drafting new constitutions abolishing slavery and renouncing secession. Congress, unhappy with Johnson's lenient stance, passed the Fourteenth Amendment to prevent ex-Confederates from holding office and establish the citizenship of African Americans. Johnson opposed this amendment.
The conflict escalated when Johnson vetoed the Civil Rights Act, which sought to provide federal citizenship to freedmen. Congress overrode his veto, and Johnson's relationship with Congress further deteriorated. He denounced the "Radical Republicans" as traitors and attempted to remove Secretary of War Edwin Stanton, a prominent Radical Republican, from his cabinet.
The pivotal moment leading to Johnson's impeachment was his violation of the Tenure of Office Act. Passed by Congress in 1867, this act required Senate approval for the removal of Cabinet members. Johnson challenged the act by dismissing Stanton and appointing an interim replacement. On February 24, 1868, the House of Representatives impeached Johnson, charging him with violating the Tenure of Office Act. The Senate began its impeachment trial, but Johnson was acquitted by a single vote, falling short of the required two-thirds majority.
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Frequently asked questions
Johnson was accused of violating the Constitution and laws of the United States by disregarding the Thirty-ninth Congress's authority to exercise legislative power and propose amendments to the Constitution.
Johnson was impeached by the House of Representatives but was acquitted by the Senate, which failed to secure the two-thirds majority required to remove him from office.
Johnson clashed with the majority Republican Congress over Reconstruction policies in the former slave states and control over officials in the Executive Branch. Johnson also opposed the Fourteenth Amendment, which sought to prevent ex-Confederates from holding office and establish the citizenship of African Americans.
