They passed the Civil Rights Act of 1866, which established Negroes as American citizens and forbade discrimination against them. A few months later Congress submitted to the states the Fourteenth Amendment, which specified that no state should "deprive any person of life, liberty, or property, without due process of law."

All the former Confederate States except Tennessee refused to ratify the amendment; further, there were two bloody race riots in the South. Speaking in the Middle West, Johnson faced hostile audiences. The Radical Republicans won an overwhelming victory in Congressional elections that fall. In March 1867, the Radicals effected their own plan of Reconstruction, again placing southern states under military rule. They passed laws placing restrictions upon the President. When Johnson allegedly violated one of these, the Tenure of Office Act, by dismissing Secretary of War Edwin M. Stanton, the House voted eleven articles of impeachment against him. He was tried by the Senate in the spring of 1868 and acquitted by one vote. In 1875, Tennessee returned Johnson to the Senate. He died a few months later. .