History of the Impeachment of Andrew Johnson,

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HISTORY OF THE IMPEACHMENT OF ANDREW JOHNSON
PRESIDENT OF THE UNITED STATES
BY THE
HOUSE OF REPRESENTATIVES
AND HIS TRIAL BY THE SENATE FOR
HIGH CRIMES AND MISDEMEANORS IN OFFICE

1868

BY EDMUND G. ROSS

BURT FRANKLIN RESEARCH & SOURCE WORKS SERIES #94

BURT FRANKLIN
NEW YORK

PREFACE.

Little is now known to the general public of the history of the
attempt to remove President Andrew Johnson in 1868, on his
impeachment by the House of Representatives and trial by the
Senate for alleged high crimes and misdemeanors in office, or of
the causes that led to it. Yet it was one of the most important
and critical events, involving possibly the gravest consequences,
in the entire history of the country.

The constitutional power to impeach and remove the President had
lain dormant since the organization of the Government, and
apparently had never been thought of as a means for the
satisfaction of political enmities or for the punishment of
alleged executive misdemeanors, even in the many heated
controversies between the President and Congress that had
theretofore arisen. Nor would any attempt at impeachment have
been made at that time but for the great numerical disparity then
existing between the respective representatives in Congress of
the two political parties of the country.

One-half the members of that Congress, both House and Senate, are
now dead, and with them have also gone substantially the same
proportion of the people at large, but many of the actors therein
who have passed away, lived long enough to see, and were candid
enough to admit, that the failure of the impeachment had brought
no harm to the country, while the general judgment practically of
all has come to be that a grave and threatening danger was
thereby averted.

A new generation is now in control of public affairs and the
destinies of the Nation have fallen to new hands. New issues have
developed and will continue to develop from time to time; and new
dangers will arise, with increasing numbers and changing
conditions, demanding in their turn the same careful scrutiny,
wisdom and patriotism in adjustment. But the principles that
underlie and constitute the basis of our political organism, are
and will remain the same; and will never cease to demand constant
vigilance for their perpetuation as the rock of safety upon which
our federative system is founded.

To those who in the study of the country's past seek a broader
and higher conception of the duties of American citizenship, the
facts pertaining to the controversy between the Executive and
Congress as to the restoration and preservation of the Union, set
out in the following pages, will be interesting and instructive.
No one is better fitted than the author of this volume to discuss
the period of reconstruction in which, as a member of the Federal
senate, he played so potent and patriotic a part, and it is a
pleasure to find that he has discharged his task with so much
ability and care. But it is profoundly hoped that no coming
generation will be called upon to utilize the experiences of the
past in facing in their day, in field or forum, the dangers of
disruption and anarchy, mortal strife and desolation, between
those of one race, and blood, and nationality, that marked the
history of America thirty years ago.

DAVID B. HILL.

CHAPTER 1. THE PROBLEM OF RECONSTRUCTION.

MR. LINCOLN'S PLAN

The close of the War of the Rebellion, in 1865, found the country
confronted by a civil problem quite as grave as the contest of
arms that had been composed. It was that of reconstruction, or
the restoration of the States lately in revolt, to their
constitutional relations to the Union.

The country had just emerged from a gigantic struggle of physical
force of four years duration between the two great Northern and
Southern sections. That struggle had been from its inception to
its close, a continuing exhibition, on both sides, of stubborn
devotion to a cause, and its annals had been crowned with
illustrations of the grandest race and personal courage the
history of the world records. Out of a population of thirty
million people, four million men were under arms, from first to
last, and sums of money quite beyond the limit of ordinary
comprehension, were expended in its prosecution. There was
bloodshed without stint. Both sides to the conflict fought for an
idea--on the one side for so-called State Rights and local
self-government--on the other for national autonomy as the surest
guaranty of all rights--personal, local, and general.

The institution of negro slavery, the basis of the productive
industries of the States of the South, which had from the
organization of the Government been a source of friction between
the slave-holding and nonslave-holding sections, and was in fact
the underlying and potent cause of the war, went under in the
strife and was by national edict forever prohibited.

The struggle being ended by the exhaustion of the insurgents, two
conspicuous problems demanding immediate solution were developed:
The status of the now ex-slaves, or freedmen--and the methods to
be adopted for the rehabilitation of the revolted States,
including the status of the revolted States themselves. The sword
had declared that they had no constitutional power to withdraw
from the Union, and the result demonstrated that they had not the
physical power--and therefore that they were in the anomalous
condition of States of though not States technically in the
Union--and hence properly subject to the jurisdiction of the
General Government, and bound by its judgment in any measures to
be instituted by it for their future restoration to their former
condition of co-equal States.

The now ex-slaves had been liberated, not with the consent of
their former owners, but by the power of the conqueror as a war
measure, who not unnaturally insisted upon the right to declare
absolutely the future status of these persons without
consultation with or in any way by the intervention of their late
owners. The majority of the gentlemen in Congress representing
the Northern States demanded the instant and complete
enfranchisement of these persons, as the natural and logical
sequence of their enfreedment. The people of the late slave
States, as was to have been foreseen, and not without reason,
objected--especially where, as was the case in many localities,
the late slaves largely out-numbered the people of the white
race: and it is apparent from subsequent developments that they
had the sympathy of President Lincoln, at least so far as to
refuse his sanction to the earlier action of Congress relative to
restoration.

To add to the gravity of the situation and of the problem of
reconstruction, the people of the States lately in rebellion were
disfranchised in a mass, regardless of the fact that many of them
refused to sanction the rebellion only so far as was necessary to
their personal safety.

It was insisted by the dominant element of the party in control
of Congress, that these States were dead as political entities,
having committed political suicide, and their people without
rights or the protection of law, as malcontents.

It is of record that Mr. Lincoln objected to this doctrine, and
to all propositions that contemplated the treatment of the late
rebellious States simply as conquered provinces and their people
as having forfeited all rights under a common government, and
under the laws of Nations entitled to no concessions, or even to
consideration, in any proposed measures of restoration. That he
had no sympathy with that theory is evidenced by the plan of
restoration he attempted to establish in Louisiana.

It was at this point that differences arose between Mr. Lincoln
and his party in Congress, which became more or less acute prior
to his death and continued between Congress and Mr. Johnson on
his attempt to carry out Mr. Lincoln's plans for restoration.

The cessation of hostilities in the field thus developed a
politico-economic problem which had never before confronted any
nation in such magnitude and gravity. The situation was at once
novel, unprecedented, and in more senses than one, alarming.
Without its due and timely solution there was danger of still
farther disturbance of a far different and more alarming
character than that of arms but lately ceased; and of a vastly
more insidious and dangerous complexion. The war had been fought
in the open. The record of the more than two thousand field and
naval engagements that had marked its progress and the march of
the Union armies to success, were heralded day by day to every
household, and all could forecast its trend and its results. But
the controversy now developed was insidious--its influences, its
weapons, its designs, and its possible end, were in a measure
hidden from the public--public opinion was divided, and its
results, for good or ill, problematical. The wisest political
sagacity and the broadest statesmanship possible were needed, and
in their application no time was to be lost.

In his annual message to Congress, December 8th, 1863, Mr.
Lincoln had to a considerable extent outlined his plan of
Reconstruction; principally by a recital of what he had already
done in that direction. That part of his message pertinent to
this connection is reproduced here to illustrate the broad,
humane, national and patriotic purpose that actuated him, quite
as well as his lack of sympathy with the extreme partisan aims
and methods that characterized the measures afterward adopted by
Congress in opposition to his well-known wishes and views, and,
also, as an important incident to the history of that controversy
and of the time, and its bearing upon the frictions that followed
between Congress and Mr. Lincoln's successor on that subject. Mr.
Lincoln said:

When Congress assembled a year ago the war had already lasted
twenty months, and there had been many conflicts on both land and
sea, with varying results. The rebellion had been pressed back
into reduced limits; yet the tone of public feeling and opinion,
at home and abroad, was not satisfactory. With other signs, the
popular elections, then just past, indicated uneasiness among
ourselves, while, amid much that was cold and menacing, the
kindest words coming from Europe were uttered in accents of pity
that we were too blind to surrender a hopeless cause. Our
commerce was suffering greatly by a few armed vessels built upon
and furnished from foreign shores; and we were threatened with
such additions from the same quarter as would sweep our trade
from the sea and raise our blockade. We had failed to elicit from
European Governments anything hopeful upon this subject. The
preliminary Emancipation Proclamation, issued in September, was
running its assigned period to the beginning of the new year. A
month later that final proclamation came, including the
announcement that colored men of suitable condition would be
received into the army service. The policy of emancipation, and
of employing black soldiers, gave to the future a new aspect,
about which hope and fear and doubt contended in uncertain
conflict. According to our political system, as a matter of civil
administration, the General Government had no lawful power to
effect emancipation in any State; and for a long time it had been
hoped that the rebellion could be suppressed without resorting to
it as a military measure. It was all the while deemed possible
that the necessity for it might come, and that, if it should, the
crisis of the contest would then be presented. It came, and, as
was anticipated, was followed by dark and doubtful days. Eleven
months have now passed, and we are permitted to take another
review. The rebel borders are pressed still further back, and by
the complete opening of the Mississippi the country dominated by
the rebellion is divided into distinct parts, with no practical
communication between them. Tennessee and Arkansas have been
substantially cleared of insurgent control, and influential
citizens in each, owners of slaves and advocates of slavery at
the beginning of the rebellion, now declare openly for
emancipation in their respective States. Of those States not
included in the Emancipation Proclamation, Maryland and Missouri,
neither of which three years ago would tolerate any restraint
upon the extension of slavery into the new Territories, only
dispute now as to the best mode of removing it within their own
limits.

Of those who were slaves at the beginning of the rebellion, full
one hundred thousand are now in the United States military
service; about one half of which number actually bear arms in the
ranks; thus giving the double advantage of taking so much labor
from the insurgent cause, and supplying the places which must
otherwise be filled with so many white men. So far as tested, it
is difficult to say they are not as good soldiers as any. No
servile insurrection, or tendency to violence or cruelty, has
marked the measure of emancipation and arming the blacks. Those
measures have been discussed in foreign countries, and
contemporary with such discussion the tone of sentiment there is
much improved. At home the same measures have been fully
discussed, and supported, criticised, and denounced, and the
annual elections following are highly encouraging to those whose
official duty it is to bear the country through this great trial.
Thus we have the new reckoning. The crisis which threatened to
divide the friends of the Union is past.

Looking now to the present, and future, and with reference to a
resumption of national authority within the States wherein that
authority has been suspended, I have thought fit to issue a
Proclamation, a copy of which is herewith transmitted. On
examination of this Proclamation it will appear, as is believed,
that nothing is attempted beyond what is amply justified by the
Constitution. True, the form of an oath is given, but no man is
coerced to take it. The man is only promised a pardon in case he
voluntarily takes the oath. The Constitution authorizes the
Executive to grant or withhold the pardon at his own absolute
discretion, and this includes the power to grant on terms, as is
fully established by judicial and other authorities.

It is also proffered that, if in any of the States named a State
Government shall be, in the mode prescribed, set up, such
Government shall be recognized and guaranteed by the United
States, and that under it the State shall, on the constitutional
conditions, be protected against invasion and domestic violence.
The constitutional obligation of the United States to guarantee
to every State in the Union a republican form of government, and
to protect the State, in the cases stated, is explicit and full.
But why tender the benefits of this provision only to a State
Government set up in this particular way? This section
contemplates a case wherein the element within a State favorable
to a republican government, in the Union, may be too feeble for
an opposite and hostile external to or even within the State; and
such are precisely the cases with which we are dealing.

Any attempt to guaranty and protect a revived State Government,
constituted in whole, or in preponderating part, from the very
element against whose hostility it is to be protected, is simply
absurd. There must be a test by which to separate the opposing
elements, so as to build only from the sound; and that test is a
sufficiently liberal one which accepts as sound whoever will make
a sworn recantation of his former unsoundness.

But if it be proper to require, as a test of admission to the
political body, an oath of allegiance to the Constitution of the
United States, and to the Union under it, why also to the laws
and Proclamation in regard to slavery? Those laws and
Proclamations were enacted and put forth for the purpose of
aiding in the suppression of the rebellion. To give them their
fullest effect, there had to be a pledge--for their maintenance.
In my judgment they have aided, and will further aid, the cause
for which they were intended. To now abandon them would be not
only to relinquish a lever of power, but would also be a cruel
and an astounding breach of faith. I may add at this point, that
while I remain in my present position, I shall not attempt to
retract or modify the Emancipation Proclamation; nor shall I
return to slavery any person who is free by the terms of the
Proclamation, or by any of the acts of Congress. For these and
other reasons it is thought best that support of these measures
shall be included in the oath; and it is believed the Executive
may lawfully claim it in return for pardon and restoration of
forfeited rights, when he has clear constitutional power to
withhold altogether or grant upon terms which he shall deem
wisest for the public interest. It should be observed, also, that
this part of the oath is subject to the modifying and abrogating
power of legislation and supreme judicial decision.

The proposed acquiescence of the National Executive in any
reasonable temporary State arrangement for the freed people is
made with the view of possibly modifying the confusion and
destitution which must, at best, attend all classes by a total
revolution of labor throughout whole States. It is hoped that the
already deeply afflicted people of those States may be somewhat
more ready to give up the cause of their affliction, if, to this
extent, this vital matter be left to themselves; while no power
of the National Executive to prevent an abuse is abridged by the
proposition.

The suggestion in the Proclamation as to maintaining the
political frame-work of those States on what is called
reconstruction, is made in the hope that it may do good without
danger of harm. It will save labor and avoid great confusion.

But why any proclamation on this subject? This question is beset
with the conflicting views that the step might be delayed too
long or taken too soon. In some States the elements for
resumption seem ready for action, but remain inactive apparently
for want of a rallying point. Why shall A. adopt the plan of B.,
rather than B. that of A.? And if A. and B. should agree, how can
they know but that the General Government here will reject their
plan? By the Proclamation a plan is presented which may be
accepted by them as a rallying point, and which they may be
assured in advance will not be rejected here. This may bring them
to act sooner than they otherwise would.

The objection to a premature presentation of a plan by the
National Executive consists in the danger of committals on points
which could be more safely left to further developments. Care has
been taken to so shape the document as to avoid embarrassment
from this source. Saying that, on certain terms, certain classes
will be pardoned, with rights restored, it is not said that other
classes on other terms will never be included. Saying that
reconstruction will be accepted if presented in a specified way,
it is not saying it will not be accepted in any other way.

The movements, by State action, for emancipation in several of
the States not included in the Emancipation Proclamation, are
matters of profound gratulation, and while I do not repeat in
detail what I have heretofore so earnestly urged upon this
subject, my general views and feelings remain unchanged, and I
trust that Congress will omit no fair opportunity of aiding these
important steps to a great consummation.

In the midst of other cares, however important, we must not lose
sight of the fact that the war power is still our main reliance.
To that power alone can we look, for a time, to give confidence
to the people in the contested regions that the insurgent power
will not again over-run them. Until that confidence shall be
established, little can be done anywhere for what is called
reconstruction. Hence our chiefest care must still be directed to
the Army and Navy, who have thus far borne their hardest part
nobly and well. And it may be esteemed fortunate that in giving
the greatest efficiency to these indispensable arms, we do also
honorably recognize the gallant men, from commander to sentinel,
who compose them, to whom, more than to others, the world must
stand indebted for the home of freedom disenthralled,
regenerated, enlarged and perpetuated.

Abraham Lincoln.
December 8, 1863.

The following is the Proclamation of Amnesty and Reconstruction
referred to in the foregoing Message, and further illustrates Mr.
Lincoln's plan for the restoration of the Union:

PROCLAMATION OF AMNESTY AND RECONSTRUCTION.

BY THE PRESIDENT ON THE UNITED STATES OF AMERICA.

Whereas, in and by the Constitution of the United States, it is
provided that the President "shall have the power to grant
reprieves and pardons for offenses against the United States,
except in cases of impeachment;" and

Whereas, a rebellion now exists whereby the loyal State
governments of several States have for a long time been
subverted, and many persons have committed, and are guilty of
treason against the United States; and

Whereas, with reference to said rebellion and treason, laws have
been enacted by Congress, declaring forfeitures and confiscations
of property and liberation of slaves, all upon terms and
conditions therein stated, and also declaring that the President
was thereby authorized at any time thereafter, by proclamation,
to extend to persons who may have participated in the existing
rebellion, in any State or part thereof, pardon and amnesty, with
such exceptions and at such times and on such conditions as he
may deem expedient for the public welfare; and

Whereas, the Congressional declaration for limited and
conditional pardon accords with well established judicial
exposition of the pardoning power; and

Whereas, with reference to said rebellion, the President of the
United States has issued several proclamations, with provisions
in regard to the liberation of slaves; and

Whereas, it is now desired by some persons heretofore engaged in
said rebellion to resume their allegiance to the United States,
and to reinaugurate loyal State Governments within and for their
respective States; therefore,

I, Abraham Lincoln, President of the United States, do proclaim,
declare, and make known to all persons who have, directly or by
implication, participated in the existing rebellion, except as
hereinafter excepted, that a full pardon is hereby granted to
them and each of them, with restoration of all rights of
property, except as to slaves and in property cases where rights
of third parties shall have intervened, and upon the condition
that every such person shall take and subscribe an oath, and
thenceforward keep and maintain said oath inviolate, and which
oath shall be registered for permanent preservation, and shall be
of the tenor and effect following, to-wit:

I, ___ __ ___ , do solemnly swear, in presence of Almighty God,
that I will henceforth faithfully support, protect, and defend
the Constitution of the United States, and the Union of the
States thereunder; and that I will, in like manner, abide by and
faithfully support all acts of Congress passed during the
existing rebellion with reference to slaves, so long and so far
as not repealed, modified or held void by Congress, or by the
decision of the Supreme Court; and that I will, in like manner,
abide by and faithfully support all proclamations of the
President made during the existing rebellion having reference to
slaves, so long and so far as not modified or declared void by
decision of the Supreme Court. So help me God.

The persons exempted from the benefits of the foregoing
provisions are all who are, or shall have been, civil or
diplomatic officers or agents of the so-called Confederate
Government: all who have left judicial stations under the United
States to aid the rebellion; all who are or shall have been
military or naval officers of said so-called Confederate
Government above the rank of Colonel in the army or Lieutenant in
the Navy; all who have left seats in the United States Congress
to aid the rebellion; all who resigned commissions in the army or
navy of the United States and afterward aided the rebellion; and
all who have engaged in any way in treating colored persons, or
white persons in charge of such, otherwise than lawfully as
prisoners of war, and which persons may have been found in the
United States service as soldiers, seamen, or in any capacity.

And I do further proclaim, declare, and make known that whenever,
in any of the States of Arkansas, Texas, Louisiana, Mississippi,
Tennessee, Alabama, Georgia, Florida, South Carolina and North
Carolina, a number of persons, not less than one-tenth in number
of the votes cast in such State at the Presidential election of
the year of our Lord one thousand eight hundred and sixty, each
having taken the oath aforesaid and not having since violated it,
and being a qualified voter by the election laws of the State
existing immediately before the so-called act of secession, and
excluding all others, shall reestablish a State government which
shall be republican, and in no wise contravening said oath, such
shall be recognized as the true government of the State, and the
State shall receive thereunder the benefits of the constitutional
provision which declares that "the United States shall guarantee
to every state in this Union a republican form of government, and
shall protect each of them against invasion; and, on the
application of the legislature, or the executive (when the
legislature cannot be convened) against domestic violence."

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