President Johnson's Broken Law: A Historical Review

President Andrew Johnson was impeached in 1868 for violating the Tenure of Office Act. The Tenure of Office Act was passed by Congress to prevent President Johnson from removing Edwin McMasters Stanton, the secretary of war, without Senate approval. Johnson's impeachment was also influenced by his repeated clashes with the Republican-controlled Congress over the reconstruction of the defeated South following the Civil War. Johnson, a Southerner himself, opposed political rights for freedmen and advocated for a lenient reconstruction policy, including pardoning former Confederate leaders.

President Johnson removed Secretary of War Edwin Stanton

President Andrew Johnson removed Edwin McMasters Stanton, the Secretary of War, from his position in 1867. Stanton was a Lincoln appointee and an ally of the Radical Republicans in Congress. He had strongly opposed Johnson's lenient Reconstruction policies, which included pardoning former Confederate leaders. Johnson, on the other hand, wanted to replace Stanton with Ulysses S. Grant, whom he believed to be more in line 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 in the fall, Grant resigned, fearing punitive action and possible consequences for his own presidential ambitions. Furious with his congressional opponents, Johnson fired Stanton and informed Congress of this action, then named Major General 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, which was passed by Congress to limit the president's ability to shape his cabinet by requiring that not only appointments but also dismissals be approved by the Senate. Johnson's actions led to his impeachment by the House of Representatives, which was ultimately unsuccessful as the Senate fell one vote short of the two-thirds majority required to convict.

Johnson's temporary appointment of US Grant failed

In the years following the Civil War, President Andrew Johnson found himself at odds with the Republican-controlled Congress over the reconstruction of the defeated South. Johnson, a Southerner himself, wanted a more lenient reconstruction policy, including pardoning former Confederate leaders.

In 1867, Congress passed the Tenure of Office Act, which was designed to limit the president's ability to shape his cabinet by requiring that not only appointments but also dismissals be approved by the Senate. Johnson, however, was determined to remove Secretary of War Edwin M. Stanton, a Lincoln appointee and ally of the Radical Republicans in Congress, who strongly opposed Johnson's Reconstruction policies. Stanton had also served under Johnson's predecessor, Abraham Lincoln, and was thus a member of Johnson's inherited cabinet.

In August 1867, while Congress was in recess, Johnson suspended Stanton and appointed Ulysses S. Grant as secretary of war ad interim. Johnson believed Grant to be more in line with his own political thinking. When the Senate opposed Johnson's actions and reinstated Stanton in the fall, Grant resigned, fearing punitive action and possible consequences for his own presidential ambitions.

Johnson's temporary appointment of Grant failed, and the president's subsequent removal of Stanton was in violation of the Tenure of Office Act. This action, along with Johnson's other attempts to block Republican policies, led to his impeachment trial in the Senate in 1868.

Johnson violated the Tenure of Office Act

President Andrew Johnson was impeached in 1868 for allegedly violating the Tenure of Office Act. The Tenure of Office Act was a federal law in force from 1867 to 1887 that restricted the president's power to remove certain office-holders without the approval of the US Senate. The law was enacted in March 1867 over Johnson's veto. It aimed to deny the president the power to remove any executive officer appointed by him with the Senate's advice and consent unless the Senate approved the removal during the next full session of Congress.

Johnson's attempt to remove Secretary of War Edwin Stanton from office without Senate approval led to his impeachment. Stanton was a Lincoln appointee and a staunch Radical Republican who supported Congressional Reconstruction in full. Johnson, a Democrat, wanted to remove Stanton from office, while Congress wanted to keep him in place. In August 1867, while Congress was in recess, Johnson suspended Stanton and appointed Ulysses S. Grant as secretary of war ad interim. When the Senate reconvened in January 1868, it refused to ratify Stanton's removal but Johnson attempted to replace him anyway, creating a case to challenge the legitimacy of the Act before the Supreme Court.

The impeachment proceedings against Johnson began soon after, marking the first impeachment of a US president. Johnson was accused of violating the Tenure of Office Act by ordering Stanton's removal and appointing Lorenzo Thomas as his replacement without the Senate's advice and consent. Johnson's defense team argued that his actions did not violate the Act, as Stanton had been appointed by Lincoln, and Johnson was not obligated to continue his service. They also claimed that Johnson intended to test the constitutionality of the Act before the Supreme Court, which he had a right to do.

Johnson was acquitted in the impeachment trial, as the Senate fell one vote short of the two-thirds majority required to convict. The Tenure of Office Act was significantly amended in 1869 and was repealed in its entirety in 1887. In 1926, the Supreme Court stated that the Act was likely invalid.

Johnson's impeachment was the first presidential impeachment trial in US history

On February 24, 1868, Andrew Johnson became the first president of the United States to be impeached by the House of Representatives. The impeachment trial began on March 5, 1868, and was the first presidential impeachment trial in US history.

Johnson was impeached for "high crimes and misdemeanors", which were later specified in eleven articles of impeachment. The primary charge against him was that he had violated the Tenure of Office Act by attempting to remove Edwin Stanton from the position of Secretary of War and replace him with Lorenzo Thomas, without the approval of the Senate. Stanton was a Lincoln appointee and ally of the Radical Republicans in Congress, who had strongly opposed Johnson's Reconstruction policies.

The Tenure of Office Act had been passed by Congress in March 1867 over Johnson's veto, with the primary intent of protecting Stanton from being fired without the Senate's consent. Johnson's dismissal of Stanton was seen as a challenge to congressional authority and an attack on Reconstruction policies, which had been enacted into law.

The impeachment trial of President Johnson was significant as it checked the attempt by certain Members of Congress to establish congressional control of federal policy and reduce the President's role to that of a chief minister. The acquittal of Johnson also set a precedent that in future impeachment trials, the defendant would have to have committed an actual crime in order to be convicted.

Johnson was acquitted by one vote

In 1868, President Andrew Johnson was impeached by the House of Representatives for "high crimes and misdemeanors". The impeachment was a culmination of repeated clashes between Johnson and the Republican-controlled Congress over the reconstruction of the defeated South following the Civil War. Johnson, a Democrat, repeatedly vetoed legislation passed by Congress to protect the rights of those who had been freed from slavery.

The specific incident that resulted in the impeachment was the firing of Secretary of War Edwin M. Stanton, a Lincoln appointee and ally of the Radical Republicans in Congress. Stanton had strongly opposed Johnson's Reconstruction policies, and the president sought to replace him with Ulysses S. Grant. 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 in the fall, Grant resigned, fearing punitive action and possible consequences for his presidential ambitions. Furious with his congressional opponents, Johnson fired Stanton and informed Congress of this action, then named Major General Lorenzo Thomas, a long-time foe of Stanton, as interim secretary. Stanton promptly had Thomas arrested for illegally seizing his office.

This incident amounted to a presidential challenge to the constitutionality of the Tenure of Office Act, which had been passed by Congress over Johnson's veto to prohibit him from removing Stanton without Senate approval. Johnson's firing of Stanton was thus in violation of the Tenure of Office Act, and the Radical Republicans in the House of Representatives, backed by key allies in the Senate, pursued impeachment.

Led by Thaddeus Stevens, the Joint Committee on Reconstruction rapidly drafted a resolution of impeachment, which passed the House on February 24, 1868, by a vote of 126 to 47. The committee produced charges that eventually became eleven articles of impeachment, most of which centred on the president's alleged violation of the Tenure of Office Act.

The impeachment trial of President Johnson began in the Senate on March 5, 1868, with Chief Justice Salmon Chase presiding. Johnson's defence team, which included Attorney General Henry Stanbery, presented a complicated argument, designed to raise doubt in the senators' minds about Johnson's intent and to question the role of criminality in impeachable offences. They argued that Johnson's actions had not violated the Tenure of Office Act, and even if the senators accepted the act as constitutional, Johnson could not be impeached for a mistaken interpretation of the law. They claimed that Johnson's intent was to test the constitutionality of the act before the Supreme Court, which he had a right to do.

On May 16, 1868, the Senate voted on only three of the eleven articles of impeachment, believing those three offered the greatest chance to gain conviction. In a dramatic call of the roll, 35 senators voted to convict the president of "high crimes and misdemeanors", while 19 senators voted to acquit. A clear majority voted against the president, but the tally fell one vote short of the necessary two-thirds majority to convict. Johnson was thus acquitted by one vote. Ten days later, when the Senate voted on articles 2 and 3, the result was the same. Johnson served out his term as president, leaving office on March 4, 1869.

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