A Parliamentary Autocracy

JohnJacques

Banned
The Rise of the Congressional Czars: An Account of the Parliamentary Autocracy
Priscilla Sinclair
Helicon Publishing
Newark, NJ (1904) [1]
Excerpted with permission

1868 was a fateful year. It was a year in which the Congress veiled its actions as a step from the shadow of state's rights into the dawn of human rights, when in truth, it was a secreted slaying of the Constitution, which had not yet been brought from the shadows of the Civil War. It was a year which saw the President crucified upon an upstanding Republican Cross. It was a year which saw the highest office of the land sunk into the lowest, most base political dealings.

It was a year which saw pitifully few heroes. Of the 42 Republicans sitting in the kangaroo court known as the Senate, only six [2] stood against their party, for the good of the nation. And they found their careers ruined by party machinations, their personalities impeached by allegations of treachery and corruption.

There was William Pitt Fessenden, the Senator from Maine, whose Radical Republican leanings thankfully included a belief in jurisprudence. His was the first Republican vote for acquittal. There was Joseph Fowler, the Senator from Tennessee, where hatred of Andrew Johnson was rampant, who knowingly abandoned his seat for his principles. There was James W. Grimes of Iowa, whose voice was nearly blocked by the President-for-the-time, Benjamin Wade. Grimes, soon to die from an unknown illness, stood with little assistance, upon Benjamin Wade's orders and gave the last vote of his life against the injustice of impeachment. There was John B. Henderson, who offered his resignation rather than vote against his conscience. There was Lyman Trumbull, who abandoned his rising star in the Party to oppose the unfair treatment of his enemy. And finally, there was Peter Van Winkle, the Senator from West Virginia, which had once almost lynched Andrew Johnson and was clearly calling for it again.

These heroes were not enough, for the vote passed 36 to 18.[3] All of the villains of this vote seemed unrepentant and even celebratory. "All following generations will mark this day as the final victory of our sectional struggles," said Charles Sumner, who bore his own scars from the sectional divide. But there was one villain who seemed finally to repent, if it was too late.

Senator James H. Lane killed himself in Leavenworth, Kansas in July of 1868.[4] His last regret was his vote for impeachment, which he had hoped would endear him to his party. It did not, and the man who once held his gun steady upon the firebrands of the south took his gun steady against his temple. If only James H. Lane had realized the futility of a Senator like himself at an earlier time.

The vote that killed James H. Lane and crucified the six Republicans of good character would go on to change, for the worse, the entire system of American government......

[1] An election year and there is a reason behind this......
[2] In OTL, seven stood against it
[3] As compared to failing 35-19
[4] In OTL, he did so in 1866 over matters of the party rebuffing him.
 

JohnJacques

Banned
The Vials of Wrath

"Resolved, that Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors in office."- House Resolution calling for the impeachment of Andrew Johnson, February 24 1868

"This is one of the last great battles with slavery. Driven from the legislative chambers, driven from the field of war, this monstrous power has found a refuge in the executive mansion, where, in utter disregard of the Constitution and laws, it seeks to exercise its ancient, far-reaching sway. All this is very plain. Nobody can question it. Andrew Johnson is the impersonation of the tyrannical slave power. In him it lives again." Charles Sumner, Senator from Massachusetts (April 24, 1851- March 11, 1874)

"I know how easy it is for some minds to glide along with the current of popular opinion, where influence, respectability, and all those motives which tend to seduce the human heart are brought to bear."- Benjamin Franklin Wade, President Pro Tempore of the United States Senate (March 2, 1867- May 16, 1868), 18th President of the United States (May 16, 1868- March 2, 1873)

"Notwithstanding a mendacious press; notwithstanding a subsidized gang of hirelings who have not ceased to traduce me, I have discharged all my official duties and fulfilled my pledges. And I say here tonight that if my predecessor had lived, the vials of wrath would have poured out upon him."- Andrew Johnson, 17th President of the United States (April 15, 1865- May 16, 1868)

"I do solemnly swear that I will faithfully act in the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."- Presidential Oath administered by Chief Justice Salmon Chase to President Pro Tempore Benjamin Wade, May 16, 1868
 
I really like it. The POD is an event that is going to have huge effects not only on events, but on the way that that people think about the Senate, Presidency and Constitutional balance of power. If the President can be removed this easily, then that could really start affecting the way that unpopular Presidents are dealt with.

By lowering the bar on what constitutes the grounds for removal, are we going to see the party that controls maybe Congress, but not Presidency, simply remove the Pres and VP?

How did the country react to the impeachment as it went on? The Radical Republicans have basically carried out a Congressional coup. However, they would argue that they are carrying out the "Will of the People".

Having demonstrated this kind of willingness to use Congressional power, is the Grant Administration (which I presume will still win in '68) going to take a harder line against the South? Maybe no deal with Democrats is made in '72- with the memories of Johnson still fresh.
 
I really like it. The POD is an event that is going to have huge effects not only on events, but on the way that that people think about the Senate, Presidency and Constitutional balance of power. If the President can be removed this easily, then that could really start affecting the way that unpopular Presidents are dealt with.

By lowering the bar on what constitutes the grounds for removal, are we going to see the party that controls maybe Congress, but not Presidency, simply remove the Pres and VP?

I wouldn't think it will have this much of an effect. The Republicans had had to trump up a charge on which to impeach Johnson: they passed the Tenure of Office Act which made it illegal for the President to fire a Cabinet officer without consulting Congress. And Johnson then fired the Secretary of War (because he hadn't been following orders and because Johnson thought the Tenure of Office Act unconstitutional).

Now, I think that the bar is still a lot lower simply because a President has been impeached. However, a future congress would still have to invent a crime for the President to commit. They haven't quite set the precedent of the crime being "We don't like you." (Of course, nothing requires them to have a just cause to exercise their power; OTL though it has kept impeached Presidents from being convicted and hence the threat is only used in circumstances arising from criminal misconduct).

And of course the Tenure of Office Act itself changes the way that Cabinet offices work: if Congress get's to consult both on hiring and firing, then they will become independent of the President's authority and more reliant on Congress. There were several points in the late 19th century when observers though the power of the Speaker (which due to rule changes had actually be increased) would eclipse that of the President (until a later rule change removed much of the Speaker's power, after Joesph Canon held the office.)

How did the country react to the impeachment as it went on? The Radical Republicans have basically carried out a Congressional coup. However, they would argue that they are carrying out the "Will of the People".

This is probably key to how the precedent goes down in the books.

Having demonstrated this kind of willingness to use Congressional power, is the Grant Administration (which I presume will still win in '68) going to take a harder line against the South? Maybe no deal with Democrats is made in '72- with the memories of Johnson still fresh.

If the Republicans aren't careful, though, they could very well fracture.

A very interesting POD, though! I'll keep a close eye on it, to be sure.
 
So the USA will move from semi-presidential to semi-parliamentary government? Interesting. Either you have something against the Westminster System or thats far from the end of it, I'll keep my browser peeled.
 

JohnJacques

Banned
The impeachment was fairly popular in OTL. Thousands of tickets (!) were printed up for the trial dates, newspaper editorials blasted Johnson (and all the Republicans who voted Nay) and every Republican who voted nay IOTL never saw the halls of politics again. Andrew Johnson had not made many allies; he was too much of a Republican for the Democrats and too much a Democrat for the Republicans. The support of the Congressional Democrats for his acquittal came only because of the fear of Benjamin Wade as President.

Now, then, as for General Grant, he was pretty well known to be a supporter of Andrew Johnson (Benjamin Wade had been suggested as a VP candidate to weigh out Grant's Democratic leanings) In other words, fresh from winning this impeachment and getting a party man in the office, the Republicans are not going to jump ship. Besides, 1868 has a different electoral map than OTL......

Now, the next update will deal with those southern states and the first few months of Benjamin Wade's Presidency.
 

JohnJacques

Banned
Excerpted from The Rise of the Congressional Czars

Benjamin Wade was a strong Party man and little else. This was known to even his congressional colleagues. John Roy Lynch, a Negro Congressman from Missouri, said that Wade "firmly believed he who served his party best served his country best.... that he would have given the country an able administration was contrary to the opinions of those who knew him best."[1]

Benjamin Wade showed the devotion to his Party rather early in his fraudulent term. He called upon the military governors of the South and informed them that plans to admit the Southern states were to be delayed. One of the future sovereigns of the Senate, Adelbert Ames of Mississippi by way of Maine, recalls that President Wade "asked [him] to delay the voter registration, enforce more harshly the loyalty oaths and cause trouble for the state conventions."

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Congressional Government: A Study in American Politics
Thomas Wilson[2]
Harper & Brother's Publishing
New York, NY (1886)
Excerpted with permission

The Senate under Benjamin Wade took on a role which, while not entirely new, was certainly novel. The President, installed after Andrew Johnson's impeachment, spent his first term in the executive office away from it. He spent his time on the Senate floor, pressing to a vote the many bills which he had seen fall by Andrew Johnson's quill. His time away from the Senate floor was spent almost entirely with Senators. Indeed, Benjamin Wade seemed to return to the original conception of the Senate as more than a house of the Legislature, but as an advisory branch of the Executive as well. He barely consulted his Cabinet, instead relying on the Senate leaders and committees.

Wade's Presidency marked a sudden reversal of the power roles in American government. The power of the executive had been growing and overshadowing the legislative since at least the days of Jackson. However, the impeachment of Andrew Johnson and the succession of Benjamin Wade moved against this trend. It would set into motion the dominance of the legislature today and the many reforms which would make the Congressional system we now know.

--------------

President: Benjamin Wade
Vice President: Vacant
Secretary of State: William H. Seward
Secretary of the Treasury: Hugh McCulloch
Secretary of War: Edwin M. Stanton
Attorney General: Benjamin F. Butler[3]
Secretary of the Navy: Gideon Welles
Secretary of the Interior: James Harlan
Postmaster General: John Willis Menard

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The Forgotten Battles
Francois Chadwick Lee
Association of Colored Publishers
Charlotte, NC (1921)

While much is known of Wade's policies to protect the black vote in the South, little is mentioned of his protection of blacks within the Republican Party. Perhaps the sole time he stood against his Senate and his party, he pushed through the firing of the former postmaster-general and the hiring of John Willis Menard. Menard, a black man who had expected to join the halls of Congress with his state, was nominated to the post after an unusually strained vote over a normally ignored office.

Nor was it the best politically for Wade. He saw charges of black patronage with the specific case of Menard, the "con man and fraud";, in the election of 1868. But he knew those charges would come, and pushed the black Congressman through the Senate, despite his own party's objections. That is perhaps his sole act of political courage, for in all of his other good works, he at least had a party behind him.

[1] Priscilla Sinclair isn't always known for her honesty
[2] The Thomas Wilson you are thinking of.
[3] Considering that Andrew Johnson appointed his counsel to the post...... and yes, the South should be afraid.
 
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JohnJacques

Banned
The Election of 1868

The Nominees

Republican
Benjamin Franklin Wade (Ohio)/Reuben Eaton Fenton (New York)

Benjamin Franklin Wade was chosen as the nominee of the Republican Party, despite a significant "draft" movement for General Ulysses S. Grant. The General removed himself from consideration before the convention and began campaigning for Wade after turning down an offer for Vice President.

Wade chose Reuben E. Fenton of New York, the "Soldier's Friend", for his appeal among veterans and in the Democratic stronghold of New York. And almost anyone in the Republican Party was more moderate than Wade.

Democratic
Horatio Seymour (New York)/Francis Preston Blair, Jr. (Missouri)

Former Governor of New York Horatio Seymour was chosen on the 22nd ballot by the leader of the New York delegation, Samuel J. Tilden. He was reluctant to accept it.

He chose Francis Preston Blair, Jr. of Missouri, a former Republican and a Union soldier, to argue against sectionalism and the bloody shirt, as well as to appeal to moderate Republicans.

A Glance at the Campaign

"Scratch a Democrat and you'll find a rebel under his skin."- Republican Slogan

"May God bless you for your kindness to me, but your candidate I cannot be. Pity me, pity me!"- Horatio Seymour, after winning on the 22nd ballot

There's a queer sort of chap they call Seymour,
A strange composition called Seymour,
Who stoutly declines,
Then happiness finds,
In accepting, does Horatio Seymour.
-Republican election song

"An Administration for the Theft of White Virginity!"- Democratic Poster, featuring Benjamin Butler and John Willis Menard

"The Party of the White Man, North or South!"- Democratic slogan

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The Result

Of course, the first Democratic argument in the campaign was over the shape of the electoral map. Wade had halted the readmission of any Southern states before the November election and the Democrats knew exactly why.

He also oversaw the admission of Colorado in July, making it the second non-Southern state admitted that year. (Nebraska and Colorado had been suggested for admission in order to secure the impeachment of Johnson.) After taking on the office of President, Wade convinced the Republicans of the need to admit Colorado and it was admitted in July.

None of the arguments mattered, however, when the results came in. The Democrats had a stolen election to harp on about, and the Republicans had a mandate against the South. And most importantly, the Democrats had mustered a strong showing in the Butternut Midwest and the border states.

Benjamin Wade/Reuben Fenton 152
Horatio Seymour/Francis Blair, Jr. 98
 
No other comments before I continue?

Hmm, why does Pennsylvania go Democrat in 1868? It's a staunchly Republican state. Indeed, a big portion is fairly radical -- Thaddeus Stevens, for example. Furthermore, the Republican economic program of homesteading and high tariffs very much appealed to PA's industry and industrial workers. It's the only part of the results of TTL's election of 1868 I find questionable. And of course, it won't actually be able to swing the results. Now, I could well see reaction against Wade manifest in gains for some Democrats in Congress in PA.
 

JohnJacques

Banned
Hmm, why does Pennsylvania go Democrat in 1868? It's a staunchly Republican state. Indeed, a big portion is fairly radical -- Thaddeus Stevens, for example. Furthermore, the Republican economic program of homesteading and high tariffs very much appealed to PA's industry and industrial workers. It's the only part of the results of TTL's election of 1868 I find questionable. And of course, it won't actually be able to swing the results. Now, I could well see reaction against Wade manifest in gains for some Democrats in Congress in PA.

My electoral table has it going to Wade, I just colored it wrong on the map. Good catch!
 

JohnJacques

Banned
The 41st Congress
Senate
Republicans: 44
Democrats: 12
Total Membership: 56
Vice President of the United States, President of the Senate: Reuben E. Fenton (R-NY)
President Pro Tempore: Henry B. Anthony (R-RI)

House of Representatives
Republicans: 131
Democrats: 63
Total Membership: 194
Speaker of the House: James G. Blaine (R-ME)

While the Republicans retained a majority in both houses, the Democrats did deal a surprising blow to the party in power. Schuyler Colfax (R-IN), Speaker of the House during the 40th Congress, lost in his home district, the 9th of Indiana.

However, the Republicans were quick to act against the obstructionist aims of the Democrats and take the full power of their majority. Henry Anthony declared Father Anthony's Rule, which allowed him to push any bill already cleared for debate to the front of the Senate calendar by a two-thirds vote. [1] He used this power to push to the floor a resolution allowing no Southern states to be admitted until after the census of 1870, a move the handful of Senate Democrats opposed.

Meanwhile, James G. Blaine, shortly after becoming Speaker, made it clear that he was taking entirely new powers in recognizing a Representative on the floor. He could choose to ignore someone if their reasons for speaking were not good enough for him. [2] He used this power to ignore most of the Democrats in the House.

The Democrats screamed about tyranny and scandal and revolution, but they could do little about it.

[1] Not quite OTL's cloture, but nearly as powerful And yes, he did this IOTL.
[2] He did this IOTL as Speaker
 
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My only nit (unless I misread something) is that until March 1889 Wade would be Acting-President of the United States. If nominated and elected in 11/68 (which I agree he would probably be) he would become POTUS on 3/4/69. I am also suprised Wade moved so quickly to change the balance of power between Congress and the Presidency. Will he have a moment when he recognizes "hay, I'm the President, not a Member of Congress" and act like a President rather then a Prime Minister? Do I detect from your note above that the 1904 election will mark a swing in the opposite direction?

As I've done a "double vacancy " TL in which both Grant & Colfax die in December 1869 and am thinking of revising it or redoing it w/a different POD, I'll be following yours w/interest.
 

JohnJacques

Banned
My only nit (unless I misread something) is that until March 1889 Wade would be Acting-President of the United States.

According to Salmon P. Chase. (Who did draft a version of the oath with the words "act in") But there is never a court ruling that makes a distinction between the two, and he is judged by most historians as being the President between the impeachment and his election.

If nominated and elected in 11/68 (which I agree he would probably be) he would become POTUS on 3/4/69. I am also suprised Wade moved so quickly to change the balance of power between Congress and the Presidency. Will he have a moment when he recognizes "hay, I'm the President, not a Member of Congress" and act like a President rather then a Prime Minister?

He hasn't really made any move like that. He has followed the Tenure of Office Act and relied on the Senate for legislation. This is simply because he finds himself more at home in the Senate and so, goes to them for advice and still works for legislation there.

He does have a bit of a scrap over John W. Menard's appointment, but it gets through anyways.

Benjamin Wade simply hasn't disagreed with them yet. As such, he's seen it fit to rely on his party in the Senate. And yes, there is an issue where he is going to make a stand because he disagrees with the party.

Mr. Wilson just exaggerates and extrapolates a bit too much from Wade's cordial relations with the Senate.

Do I detect from your note above that the 1904 election will mark a swing in the opposite direction?

There are going to be a few hopes towards making a swing. Whether 1904 is successful, I shan't say.

As I've done a "double vacancy " TL in which both Grant & Colfax die in December 1869 and am thinking of revising it or redoing it w/a different POD, I'll be following yours w/interest.

Is the TL here on this website?
 
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