Censure of Andrew Jackson

On March 28, 1834, the United States Senate voted to censure U.S. president Andrew Jackson over his actions to remove federal deposits from the Second Bank of the United States and his firing of Secretary of the Treasury William J. Duane in order to do so. Jackson was a Democrat, and the censure was passed by the Senate while under a Whig majority. In 1837, when the Senate had a Democratic majority, the then-lame duck president's party voted to "expunge" Jackson's censure.

This is the only time in which the U.S. Senate has censured a president. ^[1] The censure of Andrew Jackson "remains the clearest case of presidential censure by resolution" in either chamber of the United States Congress, ^[2] as no other president has had an explicit censure resolution adopted against them. ^[3]

Background

Censures

Main article: Censure in the United States

See also: Censure

A censure is a formal statement of disapproval issued by a group, such as a legislative body. ^{[1] [4]}

Presidential censure is not explicitly provided for in the Constitution of the United States, which does not even use the term "censure". Article One Section 5 Clause 2 does permit that, "each House may determine the Rules of its Proceedings, punish its Members for disorderly behavior, and, with the Concurrence of two thirds, expel a Member," which can be seen as permitting for censure by the chambers of the United States Congress of their own members. However, nothing in the United States Constitution explicitly outlines the ability for such action to be taken by a chamber of the United States Congress against individuals not belonging to that chamber. ^[5] Despite the term "censure" not appearing in the United States Constitution, the chambers of the United States Congress adopted rules permitting such punishment, which voices condemnation without having further consequence such as expulsion or removal from office. ^[6]

Bank War

Main article: Bank War

Political conflict arose over the opposition of President Andrew Jackson (a Democrat) to the existence of the Second Bank of the United States. In 1829, in his first annual message to the United States Congress, Jackson criticized the bank. Jackson believed that the bank was unconstitutional and worried about its centralization of financial influence. ^[7] He believed it favored the elites over farmers and laborers. In 1832, he successfully vetoed a bill to recharter the bank. ^[8] However, the bank still had a charter that would not expire until 1836. ^[7] In 1833, Jackson had federal deposits withdrawn from the bank, causing great political controversy. ^{[8] [7]} In order to do this, on September 23, 1833, Jackson had dismissed Secretary of the Treasury William J. Duane, who had refused orders to do this, and in his place made the recess appointment of Roger Taney as secretary of the treasury. ^[9]

Censure vote

In response to Jackson's actions, the Whig-controlled Senate expressed its disapproval by censuring him. ^{[10] [11]}

The Congress reconvened in December 1833, at which point Henry Clay introduced a two-part resolution which, in its first part, asserted that Jackson had

Assumed the exercise of a power over the Treasury of the United States not granted him by the Constitution and laws.

In its second part, this resolution asserted that Congress held a role in overseeing the nation's deposits and that the reason Taney had provided for removing federal deposits was "unsatisfactory and insufficient". ^[9] Therefore, the reason given to censure was both the removal of the deposits and the dismissal of Duane. ^[12]

Henry Clay's final draft of the revised resolution censuring President Jackson

The proposed censure was backed by Daniel Webster and John C. Calhoun. ^[13] It was debated over a period of ten weeks. ^{[8] [9]} Clay, leading the effort to censure, described Jackson as a "backwoods Caesar" and his administration a "military dictatorship". ^[14] Jackson would retaliate by calling Clay as "reckless and as full of fury as a drunken man in a brothel". ^[15] The Senate ultimately adopted a revised censure resolution on March 28, 1834, and Jackson was thereby officially censured for violating the Constitution in a vote of 26–20. ^{[8] [9] [16]} The full adopted resolution read,

Resolved, That the President, in the late Executive proceedings in relation to the public revenue, has assumed upon himself authority and power not conferred by the Constitution and laws, but in derogation of both. ^[5]

While the charge could be considered an impeachable offense, only the House of Representatives could initiate an impeachment. Jackson alleged that the censure was unconstitutional because it amounted to the Senate acting beyond their authority by charging him with an impeachable offense. ^[3]

The opposing parties accused each other of lacking credentials to represent the people. Jacksonian Democrats argued that the senators were beholden to the state legislatures that selected them; the Whigs pointed out that the president had been chosen by electors and not by direct election. ^[17] On April 15, 1834, Jackson sent the Senate a lengthy message protesting his censure. ^[5] In part, Jackson wrote,

The resolution of the Senate is wholly unauthorized by the Constitution, and in derogation of its entire spirit. It assumes that a single branch of the legislative department may for the purposes of a public censure, and without any view to legislation or impeachment, take up, consider, and decide upon the official acts of the Executive. But in no part of the Constitution is the President subjected to any such responsibility, and in no part of that instrument is any such power conferred on either branch of the Legislature. ^[5]

Censure vote
March 28, 1834	Party			Total votes
	Democratic/ Jacksonian	Whig/ Anti-Jackson	Nullifier
Yea	1	23	2	26
Nay	18	2	0	20
Result: Adopted
Roll call vote on the censure Senator Party State Vote Samuel Bell W New Hampshire Absent Thomas Hart Benton D Missouri Nay George M. Bibb D Kentucky Yea John Black W Mississippi Yea Bedford Brown D North Carolina Nay John C. Calhoun N South Carolina Yea Ezekiel F. Chambers W Maryland Absent Henry Clay W Kentucky Yea John M. Clayton W Delaware Yea Thomas Ewing W Ohio Yea John Forsyth D Georgia Nay Theodore Frelinghuysen W New Jersey Yea Felix Grundy D Tennessee Nay William Hendricks W Indiana Nay Isaac Hill D New Hampshire Nay Elias Kane D Illinois Nay Joseph Kent W Maryland Yea John Pendleton King D Georgia Nay William R. King D Alabama Nay Nehemiah R. Knight W Rhode Island Yea Benjamin W. Leigh W Virginia Yea Lewis F. Linn D Missouri Nay Willie P. Mangum W North Carolina Yea Gabriel Moore W Alabama Nay Thomas Morris D Ohio Nay Samuel McKean D Pennsylvania Nay Arnold Naudain W Delaware Yea George Poindexter W Mississippi Yea Alexander Porter W Louisiana Yea Samuel Prentiss W Vermont Yea William C. Preston N South Carolina Yea Asher Robbins W Rhode Island Yea John McCracken Robinson D Illinois Nay Ether Shepley D Maine Nay Nathaniel Silsbee W Massachusetts Yea Nathan Smith W Connecticut Yea Samuel L. Southard W New Jersey Yea Peleg Sprague W Maine Yea Benjamin Swift W Vermont Yea Nathaniel P. Tallmadge D New York Nay John Tipton D Indiana Nay Gideon Tomlinson W Connecticut Yea John Tyler W Virginia Yea George A. Waggaman W Louisiana Yea Daniel Webster W Massachusetts Yea Hugh Lawson White D Tennessee Nay William Wilkins D Pennsylvania Nay Silas Wright D New York Nay Source: [18]

Expungement vote

Handwritten legislative Journal of the United States Senate with a notation indicating that the 1834 censure of President Jackson had been "expunged by the Senate"

For years, Senator Thomas Hart Benton, an ally of Jackson, had attempted to have the motion expunged. However, this effort was to no avail until 1837, when the Democratic Party held a majority in the Senate. ^[19] Benton first introduced a resolution to expunge the censure on June 30, 1834. ^[20] He thereafter reintroduced it each new session of Congress. ^[19]

Despite its initial defeats, support for Benton's resolution ultimately emerged as a major test of party loyalty among Democrats. ^[21] Proponents of expungement attempted to get state legislatures to pass resolutions "instructing" that the state's senators either vote for expungement or resign their seats. Whigs argued that state legislatures would have no such authority to instruct their senators. The campaign advocating for expungement stumbled for a time, but began to gather momentum after Virginia passed a measure in January 1836 instructing its senators to vote to expunge. ^[20]

In January 1837, Benton again introduced a resolution to expunge Jackson's censure from the Senate record. ^{[19] [22]} Thirteen consecutive hours of debate were held on the resolution before the Senate voted 25–19 to expunge the censure. ^[23]

Weeks ^[24] after the expungement vote, the secretary of the Senate retrieved the original manuscript journal of the Senate and opened it to March 28, 1834, the day that the censure was applied. In accordance with the expungement resolution, he drew black lines around the text recording the censure and atop of the text wrote: "Expunged by order of the Senate, this sixteenth day of January in the year of our Lord, 1837". Thereafter, Jackson hosted a large dinner for the "expungers". ^{[19] [23]}

Steve Benen has observed that, "the point at the time was for partisans to say that the [censure] happened, but for the sake of the historical record, it didn’t really count." ^[25] Presidential historian Laura Ellyn Smith wrote of the decision to vote to expunge Jackson's censure,

This decision reflected the power of Jackson’s cult of personality, as his congressional allies sought to show reverence and please the outgoing president, regardless of his past actions. Despite being merely symbolic, the censure had always bothered Jackson, and so his political friends sought to resolve the issue in an attempt to clear his legacy. ^[26]

Clay expressed his deep disgust with the expungement vote, remarking, "The Senate is no longer a place for any decent man." ^[8]

The Senate Historical Office has written of the chaos that erupted in the Senate Chamber after the expungement vote passed,

Pandemonium swept the galleries. When a disgruntled Whig sympathizer ignored the presiding officer’s repeated calls for order, that officer directed the sergeant at arms to arrest the man and haul him onto the Senate floor. After the Senate voted to free the demonstrator, he approached the presiding officer and demanded, “Am I not permitted to speak in my own defense?” The outraged presiding officer ordered him removed from the Chamber and the Senate adjourned amidst the tumult. ^[13]

Despite this expungement vote, historians still regard Jackson to have been censured. ^[24] In 2020, Brookings Institution senior fellow in governance studies and George Washington University political science professor Sarah Binder observed that despite the vote to "expunge" his censure, "we still count Andrew Jackson as the only censured president." ^[27]

Expungement vote
January 17, 1837	Party			Total votes
	Democratic	Whig	Nullifier
Yea	24	0	0	24
Nay	0	17	2	19
Result: Adopted
Roll call vote on the expungement Senator Party State Vote Richard H. Bayard W Delaware Nay Thomas Hart Benton D Missouri Yea John Black W Mississippi Nay Bedford Brown D North Carolina Yea John C. Calhoun N South Carolina Nay Henry Clay W Kentucky Nay John J. Crittenden W Kentucky Nay Alfred Cuthbert D Georgia Absent Judah Dana D Maine Yea John Davis W Massachusetts Nay Thomas Ewing W Ohio Nay William Lee D. Ewing D Illinois Yea William S. Fulton D Arkansas Yea Felix Grundy D Tennessee Yea William Hendricks W Indiana Nay Henry Hubbard D New Hampshire Yea Joseph Kent W Maryland Nay John Pendleton King D Georgia Yea William R. King D Alabama Yea Nehemiah R. Knight W Rhode Island Nay Lewis F. Linn D Missouri Yea Gabriel Moore W Alabama Nay Thomas Morris D Ohio Yea Samuel McKean D Pennsylvania Absent Robert C. Nicholas D Louisiana Yea John Milton Niles D Connecticut Yea John Page D New Hampshire Yea Richard E. Parker D Virginia Absent Samuel Prentiss W Vermont Nay William C. Preston N South Carolina Nay William Cabell Rives D Virginia Yea Asher Robbins W Rhode Island Nay John McCracken Robinson D Illinois Yea John Ruggles D Maine Yea Ambrose Hundley Sevier D Arkansas Yea Samuel L. Southard W New Jersey Nay John S. Spence W Maryland Absent Robert Strange D North Carolina Yea Benjamin Swift W Vermont Nay Nathaniel P. Tallmadge D New York Yea John Tipton D Indiana Yea Gideon Tomlinson W Connecticut Nay Robert J. Walker D Mississippi Yea Garret D. Wall D New Jersey Yea Daniel Webster W Massachusetts Nay Hugh Lawson White W Tennessee Nay Silas Wright D New York Yea Source: [28]

Aftermath

In 2023, historian Joshua Zeitz wrote that,

The episode hardened political lines in the 1830s and created a vibrant political debate between Democrats, who were comfortable with the exercise of strong executive authority, and Whigs, who, like their English namesakes, feared usurpation by elected and unelected kings who arrogated powers to themselves that should have been reserved for the legislative branch. ^[24]

In the 2020s, the expungement vote has been pointed to by some supporters of an effort by Republicans to have the United States House of Representatives hold a similar vote intended to "expunge" the two impeachments of Republican former president Donald Trump, with these supporters of that effort regarding it to be a precedent that supports the notion of supposedly-expunging a federal impeachment. ^[29]

See also

• Expungement in the United States

References

1. "U.S. Senate: Censure". senate.gov. United States Senate. Retrieved 2 July 2023.
2. Hudiburg, Jane A.; Davis, Christopher M. (February 1, 2018). "Resolutions to Censure the President: Procedure and History" (PDF). Congressional Research Service. pp. 4–5.
3. Schneider, Bill (March 11, 1998). "A Historical Tutorial On Impeachment, Censure - March 11, 1998". edition.cnn.com. CNN. Retrieved 7 July 2023.
4. Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 2 (2 ed.). Detroit: Thomson/Gale. p. 291. ISBN   9780314201546.
5. "Andrew Jackson, presidential censure and the Constitution". National Constitution Center. March 28, 2021. Retrieved 2 July 2023.
6. "Discipline & Punishment". history.house.gov. Office of the Historian of the United States House of Representatives. Archived from the original on May 31, 2023.
7. "Censured but not impeached". millercenter.org. Miller Center (University of Virginia). 3 October 2019. Retrieved 2 July 2023.
8. Glass, Andrew (28 March 2016). "Senate censures President Andrew Jackson, March 28, 1834". Politico. Retrieved 2 July 2023.
9. "U.S. Senate: Senate Censures President". senate.gov. United States Senate Historical Office. Retrieved 2 July 2023.
10. Wilentz 2006, p. 401.
11. Schlesinger 1945, p. 106.
12. Parton 1860, p. 541.
13. "U.S. Senate: Senate Reverses a Presidential Censure". senate.gov. United States Senate. Retrieved 2 July 2023.
14. Meacham 2008, p. 277.
15. Brands 2005, p. 532.
16. Meacham 2008, p. 279.
17. Meacham 2008, pp. 288–289.
18. "Voteview | Plot Vote: 23rd Congress > Senate > Vote 21". voteview.com. UCLA Social Sciences Division Department of Political Science. Retrieved 30 June 2023.
19. "Expunged Senate censure motion against President Andrew Jackson, January 16, 1837". www.archives.gov. National Archives and Records Administration. Archived from the original on April 9, 2022.
20. Lambert, Margaret Newsom. The Campaign to Expunge the Censure of the President, 1834-1837 A Theses Presented to the Faculty of the Department of History University of Houston in Partial Fulfillment for the Requirements for the Degree Master of Arts (PDF). University of Houston. Retrieved 25 July 2023.
21. Remini 1984, pp. 171-.
22. Handler, Nicholas (May 2019). "Rediscovering the Journal Clause: The Lost History of Legislative Constitutional Interpretation". University of Pennsylvania Journal of Constitutional Law . 21: 1277–78.
23. Parton 1860, pp. 618–620.
24. Zeitz, Joshua (21 July 2023). "History Has a Warning for Kevin McCarthy About Expunging Trump's Impeachments". Politico. Retrieved 24 July 2023.
25. Benen, Steve (19 May 2022). "Why the push to 'expunge' Trump's second impeachment is so odd". MSNBC. Retrieved 30 June 2023.
26. Smith, Laura Ellyn (19 January 2021). "Why Donald Trump's impeachment should not be as meaningless as Andrew Jackson's censure". blogs.lse.ac.uk. London School of Economics and Political Science. Retrieved 3 July 2023.
27. Leonardi, Anthony (5 February 2020). "Republicans aim to expunge Trump impeachment if they retake House". Washington Examiner. Retrieved 5 July 2023.
28. "Voteview | Plot Vote: 23rd Congress > Senate > Vote 265". voteview.com. UCLA Social Sciences Division Department of Political Science. Retrieved 30 June 2023.
29. Mindock, Clark (5 February 2020). "Could Republicans expunge Trump's impeachment if they retake the House?". The Independent. Retrieved 25 July 2023.

Bibliography

• Brands, H. W. (2005). Andrew Jackson: His Life and Times . New York, NY: Knopf Doubleday Publishing Group. ISBN   978-1400-03072-9.
• Meacham, Jon (2008). American Lion: Andrew Jackson in the White House . New York, NY: Random House Publishing Group. ISBN   978-1-400-06325-3.
• Parton, James (1860). Life of Andrew Jackson, Volume 3. New York, NY: Mason Brothers. OCLC   3897681.
• Remini, Robert V. (1984). Andrew Jackson and the Course of American Democracy. New York, NY: Harper and Row. ISBN   9781421413303.
• Schlesinger, Arthur M. (1945). The Age of Jackson. Boston, MA: Little, Brown and Company. ISBN   9780316773430. OCLC   69627609.
• Wilentz, Sean (2006). The Rise of American Democracy: Jefferson to Lincoln. New York, NY: W.W. Norton & Company, Inc. ISBN   978-0393-05820-8.

Further reading

• Andrew Jackson's essage to the Senate protesting the censure resolution (written April 15, 1834)
• Addendum by Andrew Jackson to his previous message to the Senate protesting the censure resolution (written April 21, 1834)