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THE 1868 ELECTION, the first post-War election for the presidency, reflected the lingering battles between a Radical Republican Congress and a Democratic president. Conducted in the wake of the passage of Reconstruction measures and the impeachment of President Johnson, the election centered on a Democratic Party whose southern base was still petitioning to return to the Union, and a Republican Party attempting to solidify its electoral majority in the postbellum United States.

In the wake of the war, Congress split between Republican/Unionists on the one side, and conservative Republicans, and War, Peace, and Southern Democrats on the other. The Radical Republican/Unionists wanted to enfranchise the newly emancipated African-American population in order to enhance their electoral success. Therefore, the party wanted to enact strict Reconstruction measures designed to enforce and protect the franchise of the freed population. In order to be readmitted into the Union, former Confederate states had to draft new state constitutions that reflected the altered landscape; essentially the removal of the slavery issue.

President Johnson, a Democrat and former vice president to Abraham Lincoln, extended a conciliatory hand to the former Confederacy. While he believed in the necessity of some reconstruction measures, he opposed stern intervention. Unfortunately for President Johnson, a split within his party over this issue hindered his ability to pursue his agenda and strengthen the Democratic Party after the war.

The Civil Rights Act of 1866

President Johnson garnered the ire of the Radical Republicans in Congress when he vetoed the Civil Rights Act of 1866. Congress created the Freedmen's Bureau during the last year of the Civil War to provide for emancipated slaves and protect them from oppressive measures. Unfortunately, the Freedmen's Bureau lacked adequate resources and local southern governments refused to enforce statutes passed toward the end of the war that were designed to safeguard the rights of free African Americans in the Confederacy. The Republicans in Congress passed the Civil Rights Act to help secure compliance with these statutes and to counter the “black codes” enacted by southern states to discriminate against the African-American population. The Act granted citizenship to all native-born individuals, regardless of race and previous servitude. Furthermore, the legislation sought to guarantee to African Americans the same rights under the law as whites. President Johnson vetoed this legislation, partly on the grounds of representation. He questioned the validity of the legislation because it passed through Congress without the approval of the affected states; the aftermath of the war prevented their representation. Congress overrode Johnson's veto.

Increased violence in the south and race riots in New Orleans and Memphis provided support for the Radicals' demand for the federal protection, of freedmen, and contributed to the Radical Republicans securing a congressional majority in the midterm election. The election results enabled Radicals in Congress to establish a military presence in the former Confederacy. Congress also asserted its control over the south by requiring the states to ratify the Fourteenth Amendment prior to being readmitted into the Union.

Tenure of Office Act and Impeachment

In an attempt to assert some authority over the executive branch, Congress passed the Tenure of Office Act in 1867. The act amended the “advise and consent” component of the Constitution, which provides for senatorial approval for presidential nominees to the cabinet, federal judiciary, and ambassadors. Under this law, the president must seek senatorial approval prior to dismissing cabinet members or ambassadors. Congress overrode a presidential veto to enact this bill as well. President Johnson, looking to test congressional resolve, found the perfect case in the form of his Secretary of War, Edwin Stanton.

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