Page:The American Cyclopædia (1879) Volume IX.djvu/681

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ANDREW JOHNSON 661 the District of Columbia. All these measures met the determined opposition of President Johnson ; hut his vetoes were regularly over- ridden by the constitutional majority in con- gress. His argument against such measures was, that they "initiated an untried experi- ment for a people who have said, with one voice, that it is not for their good," and that they were unconstitutional. On March 2, 1867, congress passed over the president's veto an act dividing ten of the seceding states into five military districts, and making the civil governments therein subject to the authority of the United States, exercised through the military commanders. After appointing the commanders, President Johnson requested the opinion of Mr. Stanbery, the attorney general, as to the legal questions arising from the re- construction acts ; and this opinion, after being considered in the cabinet, where Mr. Stanton alone objected to those portions calculated to nullify the law, was issued to the district com- manders as an order. Gen. Sheridan, com- manding the fifth district, soon after reported to Gen. Grant, commander-in-chief, that " the result of Mr. Stanbery's opinion is beginning to show itself by a defiant opposition to all acts of the military commander, by impeding and rendering helpless the civil officers acting under his appointment." In July congress passed an act declaring the meaning of the previous act, and making the conduct of the military commanders subject only to the ap- proval of the general of the army. This was vetoed, and passed over the veto. The only resource left to the president was to change the military commanders, which he did before the end of the year. On Aug. 12, 1867, the president notified to Mr. Stanton his suspen- sion from office as secretary of war, and the appointment of Gen. Grant as secretary ad interim. Mr. Stanton turned over the office to the latter, submitting, " under protest, to su- perior force," but denying the right of the president to remove him. This denial was based on the tenure-of-office act (passed March 2, 1867), which provided that no such remo- val should be made without the consent of the senate, and that appointments to va- cancies occurring during the recess of con- gress should be subject to the approval of the senate at its next session. On Aug. 20 the president issued a proclamation declaring that peace, order, and civil authority existed once more throughout the United States; and on Sept. 7 he proclaimed an amnesty which re- lieved nearly all the white inhabitants of the southern states from any liability to confis- cation of property, and restored to them the right of suffrage. When congress assembled in December the president sent to the senate a statement of his reasons for the removal of Mr. Stanton ; but that body refused to sanction the removal, and Gen. Grant immediately re- signed the office into Mr. Stanton's hands. On Feb. 21, 1868, Mr. Stanton was again in- formed of his removal, and of the appointment of Gen. Lorenzo Thomas as secretary of war ad interim. When the senate was officially informed of this action, it passed a resolution declaring that "the president has no power to remove the secretary of war and designate any other person to perform the duties of that office." Mr. Stanton consequently refused to vacate the secretaryship. On Feb. 24 the house of representatives passed a resolution that the president be impeached for high crimes and misdemeanors (yeas, 126; nays, 47; not voting, 17). The articles of impeachment were agreed to by the house on March 3, and pre- sented to the senate on the 5th. The specifi- cations were based on the president's removal of Mr. Stanton, his expressions in public speeches of contempt for congress, declaring the 39th not a constitutional congress, and his hindrance of the execution of some of its acts. The trial began on March 23, the president appearing by counsel. In his defence he as- serted that his reconstruction policy was in pursuance of a course which had been marked out and determined upon by President Lincoln and his cabinet ; and that Mr. Stanton himself had expressed his emphatic opinion of the un- constitutionality of the tenure-of-office act, when its veto was under consideration. On May 16 the senate voted upon the article in reference to contempt of congress and hin- drance of execution of its acts, and on the 26th upon that in reference to the removal of Mr. Stanton. In each case the vote stood : guilty, 35; not guilty, 19. So the president was formally acquitted, as a two-thirds vote is re- quired to convict. Mr. Stanton thereupon re- signed his office, and was succeeded by Gen. Schofield. At the democratic national conven- tion held in New York, July 4, 1868, Mr. John- son's name was presented as a candidate for the presidency, and on the first ballot he re- ceived 65 votes, leading all other candidates except George H. Pendleton, who received 105. On the successive ballots he lost rapidly, until on the 19th he received no votes. On July 4 President Johnson issued a proclamation of pardon to all persons except those under pre- sentment or indictment before a United States court ; and on Dec. 25 a full pardon to every- body who had participated in the rebellion. On March 4, 1869, he was succeeded in the presidential office by U. S. Grant, and retired to his home in Greenville, Tenn. In 1870 he was a candidate before the legislature of Ten- nessee for a seat in the United States senate, but was defeated by two votes. In 1872 he was an independent candidate for congress- man at large, and divided the democratic vote with the confederate Gen. B. F. Cheat- ham, which resulted in the election of Horace Maynard, the republican candidate. See " Life and Public Services of Andrew Johnson," by John Savage (New York, 1865); "Life, Speeches, and Services of Andrew Johnson" (Philadelphia, 1865); "Speeches of Andrew