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150 Years Ago Today: Republicans Begin the Impeachment Trial of Democrat President Andrew Johnson; Tied with Obama for Worst President in US History

03/30/2018

On March 30, 1868, Republicans began the impeachment trial of Democrat President Andrew Johnson, perhaps the worst president ever to serve—at least until the tenure of Barack Obama.

Both Johnson and Obama were inflicted with the same major character flaw—one which has been a constant presence within the Democratic Party from its founding clear up to the present day: an unrepentant and obsessive strain of racism as a prime foundation for their world view.

In his State of the Union address in December, 1867, Johnson wrote:

"Negroes possess less capacity for government than any other race of people. No independent government of any form has ever been successful in their hands. On the contrary, wherever they have been left to their own devices they have shown a constant tendency to relapse into barbarism."

He went on to say:

"Black suffrage would result in a tyranny such as this continent has never yet witnessed."

Historian Eric Foner wrote:

"This was probably the most blatantly racist pronouncement ever to appear in an official state paper of an American president."

Among Johnson's more famous declarations is:

"This is a country for white men, and by God, as long as I am president it shall be a government of white men."

THE IMPEACHMENT and TRIAL of ANDREW JOHNSON

occurred in 1868, when the United States House of Representatives adopted eleven articles of impeachment detailing his "high crimes and misdemeanors," in accordance with Article Two of the United States Constitution.

The House's primary charge against Johnson was violation of the Tenure of Office Act, passed by Congress the previous year. Specifically, he had removed from office Edwin M. Stanton, the Secretary of War—whom the Tenure of Office Act was largely designed to protect—and attempted to replace him with Brevet Major General Lorenzo Thomas.

The House formally agreed to the articles of impeachment on March 2, 1868, and forwarded them to the Senate. The trial in the Senate was supposed to begin three days later, on March 5, with Chief Justice of the United States Salmon P. Chase presiding, but there were several delays.

BACKGROUND

Tension between the executive and legislative branches had been high since shortly after Johnson's ascension to the White House upon the assassination of Abraham Lincoln. Though a Democrat and a Southerner himself, Johnson had been a fierce and unrelenting critic of the secession that had sparked the Civil War in the first place.

Because of Johnson's relentless attacks on the "Slaveocracy," Republicans were convinced that he would enact their Reconstruction policies of protection for newly freed slaves and would be in agreement with the Republican plan for black suffrage.

Instead, Johnson unexpectedly switched course, reverting to an alliance with the Democratic Party. Within six weeks of taking office, Johnson had offered proclamations of general amnesty for most former Confederates, and his initially stricter plans for high-ranking government and military officers quickly dissolved. Johnson also vetoed legislation that extended civil rights, the vote, and financial support for the former slaves. Congress was able to override only a few of his vetoes, setting the stage for a confrontation between Congress and the president.

In August and September 1866, Johnson destroyed his own political support on a speaking tour of Northern states that became known as the "Swing Around the Circle." Meant to establish a coalition of voters who would support Johnson in the upcoming midterm congressional elections, the tour instead destroyed his reputation when reports of his undisciplined, vitriolic speeches and ill-advised confrontations with hecklers swept the nation. Contrary to Johnson's hopes, the midterm elections led to veto-proof Republican majorities in both houses of Congress. This meant that Republicans were not only able to pass civil rights legislation, but wrested control of Reconstruction from the president and took the reins themselves by carving the old Confederacy into five military districts.

TENURE of OFFICE ACT

Congress's control of the Reconstruction policy however, was harmed by Johnson's role as commander in chief of the armed forces. However, Johnson had inherited, as Secretary of War, Lincoln's appointee Edwin M. Stanton, a staunch Republican, who as long as he remained in office would comply with Congressional Reconstruction policies, and not yield to Johnson's whims

To ensure that Stanton would not be replaced, Congress passed the Tenure of Office Act in 1867 over Johnson's veto. The act required the President to seek the Senate's advice and consent before relieving or dismissing any member of his Cabinet or, indeed, any federal official whose initial appointment had previously required its advice and consent. However, the act was written specifically with Stanton in mind, and with Reconstruction policy as the driving force.

On August 5, 1867, Johnson suspended Stanton and appointed General Ulysses S. Grant as Secretary of War ad interim.

On January 7, 1868, the Senate passed a resolution (35 to 6) of non-concurrence with Stanton's dismissal. Grant wrote his resignation letter that same day and vacated the office. Believing the Tenure of Office Act unconstitutional, Johnson ignored the Senate's reinstatement of Stanton.

On February 21, 1868, the President appointed Lorenzo Thomas Secretary of War and ordered the removal of Stanton from office. Thomas personally delivered the President's dismissal notice to Stanton, but the Secretary refused either to accept its legitimacy or to vacate the premises. Instead, Stanton had barricaded himself in his office and claimed that Johnson had broken the recently instituted Tenure of Office Act by removing a Cabinet member without Senate approval.

The political rhetoric escalated. On February 22, 1868, Representative William D. Kelley of Philadelphia orated:

"Sir, the bloody and untilled fields of the ten unreconstructed States, the unsheeted ghosts of the two thousand murdered Negroes in Texas, cry, if the dead ever evoke vengeance, for the punishment of Andrew Johnson."

IMPEACHMENT

On February 24, 1868 three days after Johnson's dismissal of Stanton, the House of Representatives voted 126 to 47 in favor of a resolution to impeach the President for high crimes and misdemeanors. The two sponsors of the resolution, Thaddeus Stevens and John A. Bingham, were immediately dispatched to inform the Senate that the House had officially voted for impeachment.

TRIAL

A trial was supposed to begin on March 13, 1868, but Democrats immediately raised a number of objections, including asking for 40 days to prepare for the trial. Only 10 days were granted, and the proceedings resumed on March 23. However, the Democrats again asked for more time, and Senate approved six more days.

The actual trial finally commenced on this date, March 30, in 1868.

The Senate had 54 members representing 27 states. A two-thirds vote, with at least 36 senators voting "guilty" would be required to remove Johnson from office.

ACQUITTAL

Seven Republican senators were concerned that the proceedings had been manipulated to give a one-sided presentation of the evidence. Senators William Pitt Fessenden of Maine, Joseph S. Fowler of Tennessee, James W. Grimes of Iowa, John B. Henderson of Missouri, Lyman Trumbull of Illinois, Peter G. Van Winkle of West Virginia, and Edmund G. Ross of Kansas (who was said to have provided the decisive vote) all defied their party by voting against conviction. (Ross switched parties, and was later made Territorial Governor of New Mexico by Democrat President Grover Cleveland.)

In addition to the above seven, three more Republicans James Dixon of Connecticut, James Doolittle of Wisconsin, and Daniel Norton of Minnesota and all nine Democratic Senators voted not guilty.

The first 35 to 19 vote was taken on 16 May for the eleventh article. In hopes of persuading at least one of the seven Republican acquittal senators to change his vote, the Senate adjourned for ten days to take a second vote on 26 May on the other articles. During the hiatus, under Butler's leadership, the House put through a resolution to investigate alleged "improper or corrupt means used to influence the determination of the Senate."

But the pressure did not change any of the acquittal votes, with the result that the vote on 26 May was the same. After the trial, Ben Butler conducted hearings on the widespread reports that Republican senators had been bribed to vote for Johnson's acquittal. In Butler's hearings, and in subsequent inquiries, there was increasing evidence that some acquittal votes were acquired by promises of patronage jobs and cash cards. Nonetheless, the investigations never resulted in charges, much less convictions, against anyone.

Not one of the Republican senators who voted for acquittal ever again served in an elective office. Although they were under intense pressure to change their votes to conviction during the trial, afterward public opinion rapidly shifted around to their viewpoint. Some senators who voted for conviction, such as John Sherman and even Charles Sumner, later changed their minds.

FINAL THOUGHT:

It is almost certainly correct to say that, despite Johnson's irredeemable character and policies, the acquittal was the right thing for the American Experiment. Impeachment and removal must be for "high crimes and misdemeanors," meaning they should not be predicated on "policy differences."

Republicans wanted very different policies from those of the Democrats and Johnson—they wanted black suffrage, land reform (40 Acres and a Mule) and just treatment of all parties in the South. They could not get those policies because of Johnson's vetoes and his presidential powers. The solution is not impeachment, but elections and politically-available remedies that the people alone can provide.


* Republicans are responsible for more than 90% of "firsts" regarding the appointments, elections, and the recognition of the heritage and contributions of minorities and women, as well as in the area of conservation and preservation of American heritage.


Email us (at nmpj@dfn.com) with your feedback, comments, questions and ideas.


Intelligent Political Discourse—for the Thoughtful New Mexican

 
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National Issues

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2016 Presidential Campaign - Democrats

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2016 Presidential Campaign - Republicans

Jeb Bush gets religion.

"They said he got religion at the end, and I'm glad that he did."  — Tom T. Hall. The Year Clayton Delaney died.

Well, it's official.  Jeb Bush has changed quite of few of his positions on illegal immigration.  The single most significant is that he no longer endorses the "path to citizenship" for those who came here illegally. 

This is, after all, the key portion of any proposal aimed at "reforming" our existing illegal immigration situation.

No sensible citizen can see any point in trying to deport between 12 and 16 million people currently living in America illegally.  And no candidate for any office that we know of supports that.  What the average American wants is for the country to "get a handle on it."  They want it stopped, our borders secured and future illegal immigration prevented.  It is a national security issue.

The Path to Legal Status

The only way to accomplish the above goals, is to identify current illegal immigrants, get them accounted for, have them documented, and placed on a path to legal status.  Neither they nor their children or spouses should live in a state of fear or anxiety.

But a path to "citizenship" is not the right course.  It is not morally or legally correct.  A merciful and compassionate nation can provide the safeguards of legal status without sending the message to the rest of the world that all you have to do is cross our border and you will eventually get to become a citizen, thus circumventing the legal framework scores of millions of Americans have followed, honored and respected.

If someone who is granted legal status eventually wants to become a citizen, that person should have to return to his or her country of origin and wait in line like 20 million people around the world are doing at any given time.  Failing that, America will forever send the signal that anyone in the world can "jump the line," and that there is no reason at all to obey our immigration and naturalization laws.

We Like Jeb Bush

We are glad Jeb Bush has learned this lesson.  He is a fine speaker, and can eloquently explain his positions on complex issue.  If he were not named "Bush" he would be an actual top tier candidate—in all that that title would entail, including likelihood of acceptance and support of and from the American people in the primaries, and in any theoretical general election.  

We also recognize that he already is a de facto top-tier candidate because of his fame and his fundraising.

If he were to be the nominee of the Republican Party we would heartily support him and endorse him.  We hope, however, that he is not, as he does not give the center-right coalition the best chance of winning.

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    Selma   ????? We have now seen the Oscar-nominated movie Selma.   Our earlier allusion to criticism that sounded as though it was in an Oliver Stone category for historical fabrication is some...

Sports

Sports

The Major League Baseball Playoffs are not realistic, and destroy the actual meaning of the sport. 

Major League Baseball is unique in this respect—its postseason is markedly different from the way the game is played normally.  No other major league sport suffers from this flaw.

Not that much is wrong with baseball. In some respects it's the most well thought-out sport there is.  The "perfect game" many aficionados say.

But the Major League Baseball postseason experience is unique in the world of professional sports, and not in a good way. 

In fact the playoffs are flawed in such a way as to detract from the sport itself and diminish the game and what it means to be the world champion of the sport. 

Among the Big Four team sports of North America: football, hockey, basketball and baseball—and all the 122 professional major league teams competing in the NFL, NHL, NBA and MLB respectively—it is in baseball alone that the postseason turns the sport itself on its head and makes it reflect something that it is not.  This article will explain why that happens and why it is wrong-headed.

 

Background on the The Frequency of Play

The 30 teams in both the National Hockey League and the National Basketball Association teams play a very similar schedule.  On average, each team has a day off between games, sometimes two days off.  Though there are back-to-back games, they are relatively infrequent.  NBA teams play between 14 and 22 back-to-back games a season, and for the NHL it usually ranges between 9 and 19. The NFL has a full week between games, the exception being the new Thursday games that each team plays once, leaving them only four days' rest once a year.

But baseball players play every single day.  Ten days straight, then a day off, then seven more games, then a day off, then ten more games.  Typically a baseball team plays 27 games every 30 days.  For the NHL and NBA it would be 14 per month, and for the NFL the number would be 4.

 

Getting to the Playoffs:  It's a grind

In all four sports, getting to the postseason requires a total team effort—in fact an all-out total organizational effort.  Teams must be deep, have bench strength and the capability of moving players in and out of the lineup, and on and off the roster, who can take the place of key players who go down for an injury, or who have to miss games for whatever reason.  While this is true of the other three major sports as well, it is most certainly even more of a concern for baseball teams because of the sheer volume of games in which a team must field a competitive lineup.

Each league's regular season* is a marathon, not a sprint.  NFL teams play for 17 weeks, 16 games.  The NHL has an 82-game season over six months, paralleled by an NBA season of 84 games over the same timeframe. Baseball is the biggest marathon of all—a true test of resilience and endurance—162 games usually starting around the beginning of April and finishing about the end of September.

NHL teams carry 23-man rosters, of which 20 can be active for any particular game.  The NBA is similar, with 15-man rosters of which 13 can be on the bench for a given game. In the NFL, the teams have 53 players on a roster, but only 46 can suit up on game day.  In Major League Baseball, teams have a 25-man active roster, and all 25 are at the park every day.

 

The Postseason Playoffs:  Sport by Sport

The National Football League:

Of the 32 teams, 12 qualify for the playoffs.  The playoffs are conducted in the exact same manner as the regular season.  Each team plays once a week, the exception being that the four top teams get the first week off.  For a typical qualifier to reach the Super Bowl, the team must play three consecutive weeks.  At that point both remaining teams have two weeks off before the Super Bowl.

In short, the playoffs, with a game each week, reflects the same means of advancement as is present in regular season grind.

The National Hockey League: 

16 of the 30 teams qualify for the postseason.  The playoffs are conducted in the exact same manner as the regular season: a game, a day off, a game, a day off, a game, a day off, and so on.  Just as in the regular season, there are occasionally two days off.  But the playoffs require the same stamina, the same approach as that required to make the playoffs.

 

The National Basketball Association

16 of the 30 teams qualify for the postseason.  The playoffs are conducted in the exact same manner as the regular season: a game, a day off, a game, a day off, a game, a day off, and so on.  Just as in the regular season, there are occasionally two days off.  But the playoffs require the same stamina, the same approach as that required to make the playoffs.

Major League Baseball

10 of the 30 teams qualify for the postseason.  (Although four of those teams qualify only for a one-game do-or-die play-in game.)

Here is where all similarity to baseball ends. 

Unlike the other three sports whose playoffs mirror the test of the regular season, and whose conditions are the same as the regular season, Major League Baseball playoffs in no way resemble the sport itself.  In hockey, basketball and football, the teams win playoff games and reach the pinacle of the sport in exactly the same way that they qualify to try to do so. 

Not so in baseball.  They are two entirely different concepts.  Teams make the playoffs only because they have depth, five-man pitching rotations and can play day-in and day-out at a high level.  But the baseball playoffs suddenly become a kind of "all-star" game within each team's roster.  MLB playoffs are conducted in a way that more closely follows the NBA and the NHL.  Teams have enormous numbers of days off. 

Here's the key point:  No Major League Baseball team could even qualify for the postseason if they played the same way during the regular season that they do in the playoffs.  None.

In the regular season Major League Baseball teams have to use a 5-man starting rotation, with pitchers pitching every 5th day.  There are not enough days off to have even a four-man rotation, let alone a team with three pitchers.  Even the best team in baseball using only a 4-man rotation, would wear them out, and most likely end up with a record of something like 66-96, or 70-92—and that would be if they were otherwise teh best team in the sport.

 

The 2014 Baseball Postseason is Typical

As examples, last year's World Series teams the Kansas City Royals played only 15 games in 30 days, and the San Francisco Giants played only 17 games in 30 days.  The 12 to 15 days off in the non-baseball fantasy world of the MLB postseason, means that teams can turn to three pitchers and give all of them plenty of rest.  But it isn't the way baseball really works.

At one point, the Royals had 5 consecutive days off, and the Giants had 4.  This never happens in the regular season.  Even the All-Star break is only three days.  Very rarely is there anything beyond a one-day break, and even that happens only a couple of times a month. 

What this means is that neither team used the team that got them to the playoffs.  (The NFL, NBA and NHL teams ALL used the very same teams that got them to the playoffs.) 

Baseball teams use a three-man pitching rotation in the playoffs.  Sometimes, they essentially opt for two pitchers only—conceding the likelihood that some of their games are going to be lost—when their third-, or rarely fourth-best pitcher has to face one of their opponents' two-man or three-man rotation members. 

Imagine an NFL team using only one running back and three wide receivers, instead of rotating through their roster in the course of a playoff game—or using only 4 defensive backs and 4 linebackers, instead of rotating 8 or 9 DBs and 6 or 7 linebackers?  In hockey, would a team use only two or three of their forward lines?  Would an NBA team use only the starting five?  They would never make the post season if they tried to present that product to their fans during the regular season.

Those are the equivalents of what Major League Baseball sets up every fall.  No other sport drags its playoffs out in such a way as to completely change the playing field—completely change the dynamics of its game.

Why Does Baseball Do This?

MLB does this because the TV networks want to drag out the games so that they can try to have one game each day  This requires an unnecessary staggering of games, and creates the phenomenon of 15 off-days in a month.

What about travel days?

What about them?  Baseball has travel days constantly.  A team may play in Chicago one day and in Miami the next, or in New York one day and Phoenix the very next day.  Travel days as a routine part of the game are again, a phenomenon of television, and stretching out the playoffs.

In years past, travel days were employed only when necessary. The famous "subway series" games were played on seven consecutive days.  Why?  Because there was no "travel day" required to go from Brooklyn to the Bronx.  Today, they would put in artificial travel days.

Even fairly long train trips didn't necessarily matter.  The 1948 World Series between the Cleveland Indians and the Boston Braves was played in six consecutive days, October 6 & 7 in Boston, October 8, 9 & 10 in Cleveland, and October 11 back in Boston.

This reflects actual baseball, the way the teams play day-in and day-out, and the kind of unique test that baseball presents to its athletes, its managers and management, and to its fans.

In the modern world of charter planes, teams fly from coast to coast to play games on consecutive days.  The artificial "travel day" should be eliminated so that teams can play in the playoffs in the same way that got them there in the first place.


*All these leagues also have pre-seasons and training camps, which add an additional 6-8 weeks to each player's year.


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