Impeachment Trial of 1868Impeachment Trial of 1868

Andrew Johnson

Civil War Stats and Facts

•Preserve the Union

•Over 600,000 killed (equals 12-

14 million today)

•4 million slaves freed

•Strengthened Federal Govt.

•Death of state’s rights

Andrew Johnson

•Lifelong Democrat and slave owner.

•Despised elite of Northeast and southern planters.

•Pro-Union—came to prominence when. . .

•as Senator, denounced secession as “treason.”

Andrew Johnson

•Republicans nominated him for VP in 1864.

•Hoped to gain pro-war Democrat support.

•Promote wartime unity of Southern Unionists.

•Became Lincoln’s VP and eventually President.

Reconstruction Theories—Theory 1

• State sovereignty cannot be forfeited to federal govt.

• Task of federal govt. was to:1. Suppress insurrection

2. Replace its leaders

3. Opportunity for free govt. to re-emerge

Reconstruction Theories—Theory 2

•War was struggle between 2 govts.

•Southern territory was conquered land.–Federal govt. rules territory how it pleases

•No internal borders—no right to

statehood.–Govt. admitted states under their own rules

Johnson’s “Restoration” Plan

•Proponent of Theory 1 (lenient theory)

•Amnesty for Southerners only if they took oath of allegiance to the Constitution.

•NO high ranking Confederates or wealthy planters.

–Elite pardoned only by Johnson.

Johnson’s “Restoration” Plan• Restored state governors only if:

1. Revoke their ordinances of secession.

2. Repudiate their Confederate debts.

3. Ratify 13th Amendment—abolishing slavery.

• Within months, all former Confederate states complied.

Content for the Moment•Republicans were happy.

•Moderates agreed—up to the states, not federal govt. to define rights of freedmen.

•Radicals held their fire–Liked stern treatment of Confederate leaders.–Hoped new southern govts. would treat slaves well.

Radical Republican Thaddeus Stevens

The Black Codes•Legislatures reestablished slavery in disguise.•Black Codes—remove rights of the freed.

–Drive former slaves back to plantations.

•New govts. Formed by southern Unionists.–Not much different from Confederates.

•Confederates soon filtered back into power.

Johnson’s Vetoes•Freedmen’s Bureau Bill and Civil Rights Act.

–“This is a country for white men, and by God, as long as I am president, it shall be a govt. for white men.”

•Johnson vetoed both—Congress defeated vetoes.•Congress passes First and Second Reconstruction Acts.

Radical Reconstruction

•Republicans took charge—Johnson strongly opposed.•Congress passed laws to limit President•Enter . . . Tenure of Office Act

–Could not remove govt. officials without

Senate approval.

Andrew Johnson vs. Edwin Stanton

•August 1867, Johnson suspended Stanton: no approval

•Replaced with Ulysses S. Grant.

•Congress reconvened, overturned suspension

•Feb. 21, 1868, Johnson dismissed Stanton.

•Replaced with Lorenzo Thomas.

•Feb. 24, 1868, Impeachment Resolution adopted.

Congress vs. Andrew Johnson•Impeach: formally charge with wrongdoing.•First time in history this happened!•House approved 11 counts of misconduct.•Sent to Senate for full trial.

Key Figures

Benjamin Curtis

Salmon P. Chase

Benjamin Butler

Defense Attorney

Chief Justice

Prosecuting Attorney

Prosecution—Benjamin Butler

•3 hour opening argument.

•Dismissed argument that T.O.A. didn’t cover

Stanton.

•Read parts of Johnson’s 1866 speeches.

–Basis of 10th article of impeachment.

•Referred to President as “accidental Chief.”

•Witness testimony actually helped the Defense.

Defense—Benjamin Curtis•Stanton was not covered by T.O.A.

–Term ended with Lincoln’s death.

•Not successful in removing Stanton (no

violation of T.O.A.).

•Act deemed unconstitutional—infringed upon

President’s powers.

•10th article of impeachment violated 1st

Amendment right to free speech.

VERDICT

•Vote was 35-19 . . .

•One vote short of conviction.

•Many argued President should not be removed from office for political

differences!