The The Impeachment of Impeachment of Andrew Johnson Andrew Johnson

18681868

You Decide...You Decide...

Background InformationBackground Information As a leading War Democrat and pro-Union As a leading War Democrat and pro-Union

southerner southerner In early 1865, Johnson talked harshly of hanging In early 1865, Johnson talked harshly of hanging

traitors like Jefferson Davis, which endeared him traitors like Jefferson Davis, which endeared him to the Radicals. to the Radicals.

Johnson in practice was not at all harsh toward Johnson in practice was not at all harsh toward the Confederate leaders. the Confederate leaders. He allowed the Southern states to hold elections in He allowed the Southern states to hold elections in

1865 in which prominent ex-Confederates were elected 1865 in which prominent ex-Confederates were elected to the U.S. Congress; however, Congress did not seat to the U.S. Congress; however, Congress did not seat them. them.

Johnson favored a very quick restoration, similar to the Johnson favored a very quick restoration, similar to the plan of leniency that Lincoln advocated before his plan of leniency that Lincoln advocated before his death. death.

Johnson-appointed governments all passed Black CodesJohnson-appointed governments all passed Black Codes

Background InformationBackground Information It is March 30, 1868. It is March 30, 1868.

President Andrew Johnson President Andrew Johnson has been impeached by has been impeached by the House of the House of Representatives. The Representatives. The Senate now prepares to Senate now prepares to hear the evidence against hear the evidence against him. him.

You are a member of the You are a member of the Senate and you must Senate and you must evaluate the evidence evaluate the evidence and then cast your vote and then cast your vote to support the president to support the president or have him removed or have him removed from office.from office.

Directions:Directions:

Click on these buttons to view all Click on these buttons to view all the evidence in the trialthe evidence in the trial

When you see this symbol When you see this symbol

you will be answering questions in your you will be answering questions in your notes. These will be turned in for points. notes. These will be turned in for points.

After you have examined all the After you have examined all the evidence click on this button evidence click on this button and vote on and vote on

Johnson’s impeachmentJohnson’s impeachment

Cast Your Vote

““The Union and the The Union and the Constitution are Constitution are in danger, and I in danger, and I shall continue to shall continue to defend them…no defend them…no matter what may matter what may happen to me.”happen to me.”

President President Andrew Andrew JohnsonJohnson

Click on the picture above to enter the Senate floor

The Impeachment of Andrew JohnsonThe Impeachment of Andrew Johnson

Background on President

Johnson

Charges of

Impeachment

The Impeachment

Process

Cast Your Vote

Witnesses Closing Statements

Background on President JohnsonBackground on President Johnson

When Andrew Johnson took over the When Andrew Johnson took over the presidency from assassinated presidency from assassinated President Abraham Lincoln, he President Abraham Lincoln, he inherited a country deeply divided by inherited a country deeply divided by a Civil War that had just ended.a Civil War that had just ended.

He also inherited Lincoln's He also inherited Lincoln's cabinet cabinet (advisors to the president).(advisors to the president).

One of these cabinet members is One of these cabinet members is Secretary of War, Edwin M. StantonSecretary of War, Edwin M. Stanton

Background on President JohnsonBackground on President Johnson

Edwin M. Stanton is a Edwin M. Stanton is a Radical Radical Republican Republican who strongly opposes who strongly opposes President Johnson.President Johnson. A Radical Republican was a republican in A Radical Republican was a republican in

Congress after the Civil War who wanted to Congress after the Civil War who wanted to make African Americans full citizens and take make African Americans full citizens and take political power away from former slave owners. political power away from former slave owners. They wanted to punish the south for Civil War.They wanted to punish the south for Civil War.

The president fired Stanton and replaced The president fired Stanton and replaced him with a member of his own political him with a member of his own political partyparty

Analyzing the EvidenceAnalyzing the Evidence

1)1) Define the Radical Republicans.Define the Radical Republicans.

2)2) Why did Johnson fire Stanton?Why did Johnson fire Stanton?

Tenure of Office Act (March 1867)Tenure of Office Act (March 1867)

The act said, "...every person holding any The act said, "...every person holding any civil office, to which he has been appointed civil office, to which he has been appointed by and with the advice and consent of the by and with the advice and consent of the Senate ... shall be entitled to hold such Senate ... shall be entitled to hold such office until a successor shall have been in office until a successor shall have been in like manner appointed and duly qualified," like manner appointed and duly qualified," thus removing the President's previous thus removing the President's previous unlimited power to remove any of his unlimited power to remove any of his Cabinet members at will. Cabinet members at will.

Years later in the case Years later in the case Myers v. United Myers v. United States States in 1926, the Supreme Court ruled in 1926, the Supreme Court ruled that such laws were indeed unconstitutional that such laws were indeed unconstitutional

Charges of ImpeachmentCharges of Impeachment

Because Johnson had removed Stanton Because Johnson had removed Stanton from office, The House of Representatives from office, The House of Representatives voted to voted to impeachimpeach President Johnson. President Johnson. To impeach is to charge a public official with To impeach is to charge a public official with

crimes or misconduct committed while in crimes or misconduct committed while in office. The official is then tried and proved office. The official is then tried and proved innocent or guilty of the chargesinnocent or guilty of the charges

The main charge is that by firing Stanton The main charge is that by firing Stanton without the approval of the Senate, the without the approval of the Senate, the president has broken the law and violated president has broken the law and violated the Constitutionthe Constitution

Analyzing the EvidenceAnalyzing the Evidence

3) What does impeachment mean?3) What does impeachment mean?

4) Why does Congress want to 4) Why does Congress want to impeach President Andrew Johnson?impeach President Andrew Johnson?

The Impeachment ProcessThe Impeachment Process

Analyzing the EvidenceAnalyzing the Evidence

Write True or False in your notes for each of the Write True or False in your notes for each of the following statements:following statements:

5) The first step in the Impeachment Process is for 5) The first step in the Impeachment Process is for the House of Representatives to vote on whether the House of Representatives to vote on whether or not to impeach the President.or not to impeach the President.6) The Vice President of the Supreme Court 6) The Vice President of the Supreme Court presides over the trial. presides over the trial. 7) Attorneys for both the prosecution and the 7) Attorneys for both the prosecution and the defense make statements and examine witnesses. defense make statements and examine witnesses. 8) A vote of 100% approval among the senators is 8) A vote of 100% approval among the senators is required for a conviction. required for a conviction.

Witness in favor of ImpeachmentWitness in favor of Impeachment

Benjamin F. Butler:Benjamin F. Butler:The issue before the Senate The issue before the Senate

and the American people – does and the American people – does the President have the right under the President have the right under the Constitution to remove from the Constitution to remove from office members of the cabinet, for office members of the cabinet, for his own purposes, without asking his own purposes, without asking permission from Congress? permission from Congress?

I would argue NO! The I would argue NO! The President cannot behave in the President cannot behave in the manor of a European king. He manor of a European king. He mustmust have the approval of the have the approval of the Senate before he can hire or fire a Senate before he can hire or fire a member of his cabinet. This is in member of his cabinet. This is in the Constitution. The President the Constitution. The President needs to be prevented from having needs to be prevented from having too much power. too much power.

Therefore, President cannot Therefore, President cannot remove a Radical Republican remove a Radical Republican without the Senate’s permission. without the Senate’s permission.

Witness against Impeachment Witness against Impeachment Benjamin F. Curtis:Benjamin F. Curtis:

When a new President When a new President comes into office, they have the comes into office, they have the right to choose whether or not right to choose whether or not they want to use same cabinet at they want to use same cabinet at the former President. If a new the former President. If a new President, does not want to use President, does not want to use the same cabinet members, he the same cabinet members, he should not have to. Therefore should not have to. Therefore President Johnson had the right to President Johnson had the right to fire Stanton without the approval fire Stanton without the approval of the Senate. Because Johnson of the Senate. Because Johnson inherited Lincoln’s cabinet he inherited Lincoln’s cabinet he never got to choose his own staff never got to choose his own staff – he is simply exercising his right – he is simply exercising his right as the President to choose his as the President to choose his own cabinet. own cabinet.

The real issue here is that The real issue here is that the Radical Republicans hate the Radical Republicans hate President Johnson and are angry President Johnson and are angry that he fired a Radical Republican that he fired a Radical Republican from his cabinet.from his cabinet.

Analyzing the EvidenceAnalyzing the Evidence

9) In your own words, summarize Benjamin 9) In your own words, summarize Benjamin Butler’s main argument in favor of Butler’s main argument in favor of impeaching the President.impeaching the President.

10) In your own words summarize Benjamin 10) In your own words summarize Benjamin Curtis’ main argument in defending the Curtis’ main argument in defending the President.President.

11) Why do the Radical Republicans hate 11) Why do the Radical Republicans hate Johnson? (Hint: Think back to what you Johnson? (Hint: Think back to what you learned about during the Reconstruction learned about during the Reconstruction Unit)Unit)

Closing StatementsClosing Statements For ImpeachmentFor Impeachment

When Andrew Johnson When Andrew Johnson became President, he became President, he promised to obey the promised to obey the laws of the Constitution. laws of the Constitution. Because he has violated Because he has violated the Constitution, he is the Constitution, he is guilty and should be guilty and should be impeached. impeached.

Against ImpeachmentAgainst Impeachment President Johnson has President Johnson has

not violated the laws not violated the laws of the Constitution. He of the Constitution. He is not guilty and is not guilty and should not be should not be impeached. It is his impeached. It is his Constitutional right to Constitutional right to be able to select his be able to select his own members of his own members of his cabinet. cabinet.

Cast Your Vote

Cast Your VoteCast Your Vote Now that you have reviewed all the Now that you have reviewed all the

evidence and the closing statements, it is evidence and the closing statements, it is time to cast your vote as a member of the time to cast your vote as a member of the US senateUS senate At the end of your notes, choose one of the At the end of your notes, choose one of the

following and write a following and write a paragraphparagraph explaining explaining why you made this choice (Hint: Use your why you made this choice (Hint: Use your notes but this answer is totally your own notes but this answer is totally your own opinion):opinion):

GUILTY – President Andrew Johnson should be GUILTY – President Andrew Johnson should be impeached and be removed from officeimpeached and be removed from office

NOT GUILY – President Andrew Johnson should not be NOT GUILY – President Andrew Johnson should not be impeached and should not be removed from officeimpeached and should not be removed from office

Ballot box?Ballot box?

What Really Happened?What Really Happened?

Edmund Gibson RossEdmund Gibson Ross Senator (Kansas) and later governor of the New Senator (Kansas) and later governor of the New

Mexico Territory. His vote against convicting of Mexico Territory. His vote against convicting of President Andrew Johnson of "high crimes and President Andrew Johnson of "high crimes and misdemeanors" allowed Johnson to stay in misdemeanors" allowed Johnson to stay in office by the margin of office by the margin of one voteone vote. As the seventh . As the seventh of seven Republican U.S. Senators to break with of seven Republican U.S. Senators to break with his party, Ross proved to be the person whose his party, Ross proved to be the person whose decision would result in conviction or acquittal. decision would result in conviction or acquittal. When he chose the latter, the vote of 35-19 in When he chose the latter, the vote of 35-19 in favor of Johnson's conviction failed to reach the favor of Johnson's conviction failed to reach the required two-thirds' majority. Ross lost his bid required two-thirds' majority. Ross lost his bid for re-election two years later. for re-election two years later.

A Harper's Weekly cartoon A Harper's Weekly cartoon Secretary of War Edwin Stanton aims a cannon labeled "Congress" Secretary of War Edwin Stanton aims a cannon labeled "Congress"

on the side at President Johnson and Lorenzo Thomas to show how on the side at President Johnson and Lorenzo Thomas to show how Stanton was using congress to defeat the president and his Stanton was using congress to defeat the president and his unsuccessful replacement. He also holds a rammer marked unsuccessful replacement. He also holds a rammer marked "Tenure of Office Bill" and cannon balls on the floor are marked "Tenure of Office Bill" and cannon balls on the floor are marked "Justice". Ulysses S. Grant and an unidentified man stand to "Justice". Ulysses S. Grant and an unidentified man stand to Stanton's left. Stanton's left.

What Really Happened?What Really Happened?

Eleven articles were set out in the resolutionEleven articles were set out in the resolution 3 month trial3 month trial Johnson's defense was based on a clause in Johnson's defense was based on a clause in

the Tenure of Office Act stating that the the Tenure of Office Act stating that the then-current secretaries would hold their then-current secretaries would hold their posts throughout the term of the President posts throughout the term of the President who appointed them. who appointed them. Since Lincoln had appointed Stanton, it was Since Lincoln had appointed Stanton, it was

claimed, the applicability of the act had already claimed, the applicability of the act had already run its course run its course