The Impeachment of
Andrew Johnson
1868
You Decide...
Background Information
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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
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Background Information
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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.
Directions:
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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
Cast
click on this button
and vote on
Your
Vote
Johnson’s impeachment
“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
Click on the picture above
to enter the Senate floor
The Impeachment of Andrew Johnson
Background
on President
Johnson
Charges
of
Impeachment
The
Impeachment
Process
Closing
Statements
Witnesses
Cast
Your
Vote
Background on President Johnson
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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
Background on President Johnson
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Edwin M. Stanton is a Radical Republican who
strongly opposes President Johnson.
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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
Analyzing the Evidence
1)
2)
Define the Radical Republicans.
Why did Johnson fire Stanton?
Tenure of Office Act (March 1867)
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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
Charges of Impeachment
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Because Johnson had removed Stanton from
office, The House of Representatives voted to
impeach President Johnson.
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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
Analyzing the Evidence
3) What does impeachment mean?
4) Why does Congress want to impeach
President Andrew Johnson?
The Impeachment Process
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.
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.
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.
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)
Closing Statements
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For Impeachment
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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.
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Against Impeachment
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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.
Cast
Your
Vote
Cast Your Vote
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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
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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):
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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?
What Really Happened?
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Edmund Gibson Ross
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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.
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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.
What Really Happened?
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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 thencurrent secretaries would hold their posts
throughout the term of the President who
appointed them.
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Since Lincoln had appointed Stanton, it was claimed,
the applicability of the act had already run its course