Unit VI Part 6 The Civil War and Reconstruction

Johnson had no VP If Johnson were removed from office, the Speaker of the House would become President If Johnson were removed from office, the Speaker of the House would become President Schuyler Colfax was the Speaker and he was a Radical Republican. Schuyler Colfax was the Speaker and he was a Radical Republican. This would work out well for the Radicals in Congress This would work out well for the Radicals in Congress

Impeachment NOTE: Impeachment means to be formally charged with a high crime or misdemeanor. NOTE: Impeachment means to be formally charged with a high crime or misdemeanor. It does NOT mean removal from office It does NOT mean removal from office Charges (Articles of Impeachment) are brought by the House of Representatives Charges (Articles of Impeachment) are brought by the House of Representatives The Senate TRIES the accused and votes for removal or acquittal The Senate TRIES the accused and votes for removal or acquittal

Impeachment To be removed from office, a president must be found guilty of having committed high crimes or misdemeanors To be removed from office, a president must be found guilty of having committed high crimes or misdemeanors Only Andrew Johnson and Bill Clinton had charges brought against them but neither was removed as a result of the trial in the Senate Only Andrew Johnson and Bill Clinton had charges brought against them but neither was removed as a result of the trial in the Senate Nixon: the only President to resign Nixon: the only President to resign

Andrew Johnson’s Impeachment Andrew Johnson was ineffective even BEFORE his impeachment Andrew Johnson was ineffective even BEFORE his impeachment He vetoed every piece of Legislation coming from the Radical Republicans in Congress He vetoed every piece of Legislation coming from the Radical Republicans in Congress They overrode all of his vetoes They overrode all of his vetoes SO…he was no threat to the Radicals SO…he was no threat to the Radicals

Johnson was set up One of Johnson’s cabinet members (Stanton) was a Radical Republican One of Johnson’s cabinet members (Stanton) was a Radical Republican Stanton was a snitch for Congress and Johnson knew it Stanton was a snitch for Congress and Johnson knew it Johnson planned on replacing Stanton and the Radicals knew it. Johnson planned on replacing Stanton and the Radicals knew it.

The Tenure of Office Act 1867 Said that the President could not remove civil officials (like a cabinet member) without the consent of the Senate. Said that the President could not remove civil officials (like a cabinet member) without the consent of the Senate. The radicals knew that Johnson would not be able to resist breaking the law (after he vetoed it and Congress overrode the veto) The radicals knew that Johnson would not be able to resist breaking the law (after he vetoed it and Congress overrode the veto) Congress also passed the Command of the Army Act Congress also passed the Command of the Army Act

Command of the Army Act 1867 Prohibited the President from issuing military orders except through the Commanding General of the army (Grant) whose offices were to be in Washington DC and who could not be relieved or reassigned without the consent of the Senate. Prohibited the President from issuing military orders except through the Commanding General of the army (Grant) whose offices were to be in Washington DC and who could not be relieved or reassigned without the consent of the Senate.

Both bills were vetoed Both vetoes were overridden Johnson removed Stanton and tried to replace him with Grant (who did not want to get in the middle of this so he politely refused) Johnson removed Stanton and tried to replace him with Grant (who did not want to get in the middle of this so he politely refused)

11 Counts of Impeachment Were drawn up by the House Were drawn up by the House 9 counts on violation of the Tenure of Office Act 9 counts on violation of the Tenure of Office Act 1 count: Johnson did not enforce Reconstruction Acts 1 count: Johnson did not enforce Reconstruction Acts 1 count: Johnson had slandered Congress (I bet he did) 1 count: Johnson had slandered Congress (I bet he did)

Johnson claimed That he was just testing the constitutionality of the laws That he was just testing the constitutionality of the laws NOTE: many moderates by this time thought that the Radicals had gone too far NOTE: many moderates by this time thought that the Radicals had gone too far

In the Senate The Chief Justice of the Supreme Court presides over impeachment trials (Chase) BUT does not have any power other than procedural. The Chief Justice of the Supreme Court presides over impeachment trials (Chase) BUT does not have any power other than procedural. First 3 charges: 7 Republicans joined the Democrats for acquittal First 3 charges: 7 Republicans joined the Democrats for acquittal Vote: Vote: Only one vote short for conviction! Only one vote short for conviction!

Congress v the Court 1866: Ex Parte Milligan: the Court declared that it was illegal to try citizens in military courts if civilian courts were available. 1866: Ex Parte Milligan: the Court declared that it was illegal to try citizens in military courts if civilian courts were available. This threatened Radical Reconstruction in the South (Remember: the South was divided into 5 military districts, each headed by a U.S. General and ruled by martial law) This threatened Radical Reconstruction in the South (Remember: the South was divided into 5 military districts, each headed by a U.S. General and ruled by martial law)

SO…Radicals in Congress Proposed legislation to require a 2/3 vote of justices to overrule an act of Congress (normally only a simple majority was required for judicial review) Proposed legislation to require a 2/3 vote of justices to overrule an act of Congress (normally only a simple majority was required for judicial review) Other proposals: Other proposals: To deny the Court jurisdiction in Reconstruction cases To deny the Court jurisdiction in Reconstruction cases To reduce Court membership to 3 justices To reduce Court membership to 3 justices To abolish the Court all together! To abolish the Court all together!

The Court backed down For a time, the Court refused to hear cases concerning Reconstruction For a time, the Court refused to hear cases concerning Reconstruction Later, in the 1880’s and 1890’s Court decisions will undermine any constitutional gains made on behalf of the freed black man Later, in the 1880’s and 1890’s Court decisions will undermine any constitutional gains made on behalf of the freed black man

Failures of Reconstruction: Failure of the Freedman’s Bureau Failure of the Freedman’s Bureau Redistribution of the land (40 Acres…) Redistribution of the land (40 Acres…) Education (least of the failures) Education (least of the failures) Black and tan government not stable Black and tan government not stable Black Codes/Jim Crow Laws Black Codes/Jim Crow Laws Economic pressures Economic pressures The KKK The KKK The Crop Lien System (sharecropping undone) The Crop Lien System (sharecropping undone)