11. Andrew Johnson and the Tenure in Office Act
Andrew Johnson managed to antagonize Congress and his own party early in his administration, vetoing the Civil Rights Act of 1865, which Congress managed to override. Johnson claimed that he, like Lincoln, had the authority to take certain actions because of the war powers inherent in his office, to which opponents in Congress argued that the war was over, and that reconstruction was not covered by war powers. Johnson undertook tours to carry his message directly to the people, meanwhile Congress passed the Tenure in Office Act, which restricted the President’s ability to remove some officeholders unless the action was approved by the Senate. In 1867 Johnson suspended Secretary of War Stanton while the Senate was out of session.
When the Senate reconvened it disapproved the removal of Stanton and ordered him reinstated rather than approve Johnson’s attempted replacement. With the Republicans holding substantial majorities in both houses of Congress the party leaders moved to impeach the President. Johnson was the first President to be impeached in the House and tried in the Senate, officially charged with eleven specific examples of “High Crimes and Misdemeanors“, though the Republicans failed to win a conviction in the Senate and Johnson was acquitted after a trial which lasted three months, absorbing the nation’s attention. Twenty years after the trial the Tenure in Office Act was repealed by Congress, and subsequent Supreme Court decisions indicated that Johnson did not abuse his power by attempting to fire Stanton.
Also Read: First Vote to Impeach Andrew Johnson Fails.
