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History of the Impeachment of Andrew Johnson

Episode 1

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.

Episode 2

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.

Episode 3

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. Amonth 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.

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