1. The Impeachment of Andrew Johnson 1868 You Decide...

2. Background Information • As a leading War Democrat and pro-Union southerner • In early 1865, Johnson talked harshly of hanging traitors like Jefferson Davis, which endeared him to the Radicals. • Johnson in practice was not at all harsh toward the Confederate leaders. • He allowed the Southern states to hold elections in 1865 in which prominent ex-Confederates were elected to the U.S. Congress; however, Congress did not seat them. • Johnson favored a very quick restoration, similar to the plan of leniency that Lincoln advocated before his death. • Johnson-appointed governments all passed Black Codes

3. Background Information • It is March 30, 1868. President Andrew Johnson has been impeached by the House of Representatives. The Senate now prepares to hear the evidence against him. • You are a member of the Senate and you must evaluate the evidence and then cast your vote to support the president or have him removed from office.

4. Directions: • Click on these buttons to view all the evidence in the trial • When you see this symbol you will be answering questions in your notes. These will be turned in for points. • After you have examined all the evidence click on this button and vote on Johnson’s impeachment Cast Your Vote

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

6. Click on the picture above to enter the Senate floor

7. The Impeachment of Andrew Johnson Background on President Johnson Charges of Impeachment The Impeachment Process Witnesses Closing Statements Cast Your Vote

8. Background on President Johnson • When Andrew Johnson took over the presidency from assassinated President Abraham Lincoln, he inherited a country deeply divided by a Civil War that had just ended. • He also inherited Lincoln's cabinet (advisors to the president). • One of these cabinet members is Secretary of War, Edwin M. Stanton

9. Background on President Johnson • Edwin M. Stanton is a Radical Republican who strongly opposes President Johnson. • A Radical Republican was a republican in Congress after the Civil War who wanted to make African Americans full citizens and take political power away from former slave owners. They wanted to punish the south for Civil War. • The president fired Stanton and replaced him with a member of his own political party

10. Analyzing the Evidence • Define the Radical Republicans. • Why did Johnson fire Stanton?

11. Tenure of Office Act (March 1867) • The act said, "...every person holding any civil office, to which he has been appointed by and with the advice and consent of the Senate ... shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified," thus removing the President's previous unlimited power to remove any of his Cabinet members at will. • Years later in the case Myers v. United States in 1926, the Supreme Court ruled that such laws were indeed unconstitutional

12. Charges of Impeachment • Because Johnson had removed Stanton from office, The House of Representatives voted to impeach President Johnson. • To impeach is to charge a public official with crimes or misconduct committed while in office. The official is then tried and proved innocent or guilty of the charges • The main charge is that by firing Stanton without the approval of the Senate, the president has broken the law and violated the Constitution

13. Analyzing the Evidence 3) What does impeachment mean? 4) Why does Congress want to impeach President Andrew Johnson?

14. The Impeachment Process

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

16. Witness in favor of Impeachment Benjamin F. Butler: The issue before the Senate and the American people – does the President have the right under the Constitution to remove from office members of the cabinet, for his own purposes, without asking permission from Congress? I would argue NO! The President cannot behave in the manor of a European king. He must have the approval of the Senate before he can hire or fire a member of his cabinet. This is in the Constitution. The President needs to be prevented from having too much power. Therefore, President cannot remove a Radical Republican without the Senate’s permission.

17. Witness against Impeachment Benjamin F. Curtis: When a new President comes into office, they have the right to choose whether or not they want to use same cabinet at the former President. If a new President, does not want to use the same cabinet members, he should not have to. Therefore President Johnson had the right to fire Stanton without the approval of the Senate. Because Johnson inherited Lincoln’s cabinet he never got to choose his own staff – he is simply exercising his right as the President to choose his own cabinet. The real issue here is that the Radical Republicans hate President Johnson and are angry that he fired a Radical Republican from his cabinet.

18. Analyzing the Evidence 9) In your own words, summarize Benjamin Butler’s main argument in favor of impeaching the President. 10) In your own words summarize Benjamin Curtis’ main argument in defending the President. 11) Why do the Radical Republicans hate Johnson? (Hint: Think back to what you learned about during the Reconstruction Unit)

19. For Impeachment When Andrew Johnson became President, he promised to obey the laws of the Constitution. Because he has violated the Constitution, he is guilty and should be impeached. Against Impeachment President Johnson has not violated the laws of the Constitution. He is not guilty and should not be impeached. It is his Constitutional right to be able to select his own members of his cabinet. Closing Statements Cast Your Vote

20. Cast Your Vote • Now that you have reviewed all the evidence and the closing statements, it is time to cast your vote as a member of the US senate • At the end of your notes, choose one of the following and write a paragraph explaining why you made this choice (Hint: Use your notes but this answer is totally your own opinion): • GUILTY – President Andrew Johnson should be impeached and be removed from office • NOT GUILY – President Andrew Johnson should not be impeached and should not be removed from office • Ballot box?

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

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

23. What Really Happened? • Eleven articles were set out in the resolution • 3 month trial • Johnson's defense was based on a clause in the Tenure of Office Act stating that the then-current secretaries would hold their posts throughout the term of the President who appointed them. • Since Lincoln had appointed Stanton, it was claimed, the applicability of the act had already run its course