An Impeachment Long Ago: Andrew Johnson's Saga
By ADAM COHEN
If there had been a TV show Andrew Johnson: Presidency in Crisis,
New York Tribune editor Horace Greeley would have been the star.
Greeley, king of the pro-impeachment sound bite, called Johnson
"an aching tooth in the national jaw, a screeching infant in a
crowded lecture room," and said, "There can be no peace or
comfort till he is out." And plenty of Congressmen would happily
have offered up the 19th century version of talk-show rant. One
Republican Representative denounced Johnson as "an ungrateful,
despicable, besotted traitorous man--an incubus." Be grateful,
Bill Clinton.
Political character assassination was alive and well long before
cable TV and the Internet. Forget Vince Foster conspiracy
theories--1860s Republicans charged that Johnson, when he was Vice
President, aided in Abraham Lincoln's assassination so he could
move up to the top job. Monica Lewinsky pales beside Jennie
Perry, who blackmailed Johnson with charges that he fathered an
illegitimate son. And Johnson's critics claimed he was conspiring
to help the defeated Confederacy rise again. If Clinton were to
channel Johnson, the two men--each born in poverty in the South,
raised by a widow, elected Governor before he became President
and tormented by Republican foes--would have a lot to talk about.
The drive to impeach Johnson, the only President to be impeached
and tried in the Senate, was really about the politics of
post-Civil War Reconstruction. The Radical Republicans who
controlled Congress took a hard line toward Dixie. Johnson was no
Confederate; he was the only Southern Congressman not to secede
when his state did. But he vetoed bills that he viewed as too
punitive against former slave owners, and he resisted military
rule over the Southern states. Republicans were so irate, said
Secretary of the Navy Gideon Welles, that they would have
impeached Johnson "had he been accused of stepping on a dog's
tail."
Technically, Johnson was impeached for firing his Secretary of
War, Edwin Stanton, who was a Radical Republican sympathizer.
Johnson's enemies said the dismissal violated the Tenure of
Office Act, a law that was later judged to be unconstitutional.
The legislators threw in a few other charges, including
conspiracy and bringing Congress into disrepute. "A shaggy
mountain of malice had panted, heaved and labored," an early
Johnson biographer fulminated, "and this small and very scaly
mouse was the result!"
If the charges against Johnson were weak, his defense was at
times Clintonian. His lawyers argued he could not have
"conspired" with Stanton's successor because a Commander in Chief
gives orders, which his subordinate has no choice but to accept.
And they argued that the federal conspiracy law did not apply,
because it covered only states and "territories," and Washington
was neither. Johnson tried to build popular support by launching
a speaking tour--dubbed his "Swing Around the Circle"--but he was
heckled in St. Louis, Mo., and told by an Indianapolis, Ind., mob
to "shut up." Like some of Clinton's televised explaining and
finger wagging, Johnson's p.r. offensive hurt his cause.
The debate in the House was boisterous and nasty. A Congressman
said Johnson had dragged the robes of his office through "the
purlieus and filth of treason." Another called his advisers "the
worst men that ever crawled like filthy reptiles at the footstool
of power." The outcome was never in doubt. On Feb. 24, 1868,
Johnson was impeached by a party-line vote of 126 to 47, and 11
articles of impeachment were sent to the Senate.
Johnson was tried there, with the proceedings presided over by
Chief Justice Salmon P. Chase. The House sent a "board of
managers," heavy with Radical Republicans, to argue for
impeachment. Johnson, defended by a bipartisan team of lawyers,
did not attend. The trial was a great spectacle--the galleries
were packed--but few new facts came to light.
To get the two-thirds needed to convict, the Republicans could
afford only six defections from their ranks. It all came down to
Senator Edmund Ross, a Kansas Republican and the only
fence-sitter. Ross was "hunted like a fox" by both sides, the New
York Tribune wrote. In the end, he backed Johnson, who was kept
in office by a single vote.
Defecting to Johnson came at a cost. None of the seven Republican
Senators who crossed party lines was re-elected. Ross was shunned
by friends--one wire from home declared that "Kansas repudiates
you as she does all perjurers and skunks"--and he ended his life
in near poverty. But history has sided with Ross and his fellow
defectors. Nearly a century later, John F. Kennedy put Ross in
his book Profiles in Courage. By rising above partisanship and
the passions of the day, Kennedy wrote, Ross "may well have
preserved for ourselves and posterity constitutional government
in the United States."
R E L A T E D S T O R I E S :
THE PRESIDENCY: DOWN TO THE WIRE As the full House prepares to consider Bill Clinton's impeachment, the sordid saga that most Americans wish would go away is instead heading for a dramatic climax
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