Sold – Andrew Johnson Makes His 1st Challenge of the Republican Congress After Passage of the Recons

By 1866, President Johnson and the radical Republican Congress were on a collison course over the rights of free blacks and the extent that Congress could regulate southern state governments. The President vetoed the Freedmen’s Bureau bill and Civil Rights Act of 1866; a modified version of the Freedmen’s Bureau bill later passed, and Congress overrode Johnson’s veto of the Civil Rights Act. He also opposed the 14th Amendment. Johnson failed to enforce these measures as Congress had intended and it accused him of obstruction.   

In early 1867 Congress upped the ante, passing three measures that changed everything. On March 2, 1867, it enacted the First Reconstruction Act – “An Act to provide for the more efficient Government of the Rebel States”. This placed the South under military rule, set up 5 military districts, provided that a general be appointed to head each, and gave him authority to suppress southern opposition. This was supplemented on March 23, 1867 by the Second Reconstruction Act, that authorized the military commanders to supervise elections. Johnson vetoed both acts, but his vetos were overridden. He then consulted Gen. U. S. Grant, and on March 11 selected the generals to administer the military districts, appointing John Schofield (Virginia), Daniel Sickles (the Carolinas), John Pope (Georgia, Alabama and Florida), Edward Ord (Arkansas and Mississippi) and Philip Sheridan (Louisiana and Texas). Some 200,000 U.S. soldiers were stationed throughout the South to preserve order and carry out the dictates of Congress. These first military commanders had virtually unlimited power and removed thousands of civil officials from their jobs.

Also on March 2, 1867, the Tenure of Office Act passed Congress over the veto of President Johnson; it forbade the President to remove any federal officeholder appointed by and with the advice and consent of the Senate without the further approval of the Senate. It also provided that members of the President’s cabinet should hold office for the full term of the President who appointed them. With this measure the radical Republicans in Congress hoped to assure the continuance in office of their chief supporter in the Executive branch, Secretary of War Edwin M. Stanton.

On March 27, 1867, Sheridan removed from office Judge E. Abell of the Criminal Court of New Orleans, Andrew S. Herron, Attorney-General of the State of Louisiana, and John T. Monroe, Mayor of the City of New Orleans, because they had done nothing to punish the perpetrators of a riot and, in fact, were themselves perpetrators of a riot in New Orleans on July 30, 1866, during which numerous "colored" men were beaten and murdered. This was the first application of power by a military commander under the Reconstruction Act, and rumors were rampant that Sheridan planned yet more dismissals. Sheridan’s actions presented Johnson with an opportunity, and he seized it.   

Congress recessed in April, thus leaving the field to Johnson, who in May determined to make his first strike against Congress since passage of the Reconstruction and Tenure Acts. According to the book, “The Impeachment of Andrew Johnson” by Charles Hearn, “The first crisis erupted in Louisiana, where Maj. Gen. Sheridan ruled the Fifth Military District.” On April 3, Johnson ordered Sheridan to defer the removals pending an opinion from the Attorney General on their legality, and as another historian notes, he also “demanded an explanation of the removals, making his displeasure manifest”. Now Johnson took action to gain a thorough picture of what Sheridan had done in Louisiana. This information would be useful to pressure, harass and even threaten Sheridan, as well as to make sure that nothing would be overlooked in the Attorney General’s upcoming report, which was expected to justify Johnson’s position.   

Letter Signed on Executive Mansion letterhead, Washington, May 9, 1867, to Secretary of War Stanton, demanding that he produce all orders and instructions given by Sheridan since he took his position. “The Secretary of War will please furnish the President with copies of all orders issued or instructions given to General Sheridan, relating to the discharge of his duties since his assignment to the command of the Fifth District, created by an act entitled ‘An Act to provide for the more efficient government of the Rebel States’." On the verso of the integral leaf, Edwin M. Stanton refused to go along with the order himself, but passed the buck, writing "Referred to General Grant for Report."

On June 12, the Attorney General’s opinion was published; it denied the generals the exercise of their authority, and gave the President enforcement power. During a cabinet meeting in early August, Stanton informed the President that the five military governors in the South were now answerable to Congress and not to him and that the new military chain of command passed from the Commander of the Army through the House of Representatives. On August 12, 1867, an outraged Johnson suspended Stanton and named Grant to replace him. Sheridan continued to act as if he had full powers, and on August 19, Johnson removed him from the command of the Fifth Military District. Johnson thereby demonstrated that he could fight back, but his actions fanned the flames of impeachment demands.