Browning also served under Johnson after Lincoln's death

At the time of the assassination of President Abraham Lincoln on April 14, 1865, Quincyan Orville Browning was a productive lawyer in Washington. He also was a sought-after figure who worked on behalf of men seeking favors for key people in Washington, a lobbyist. Just as he had been a friend and confidante of Lincoln during his term in the Senate, June 26, 1861, to January of 1863, he also became an important figure in President Andrew Johnson's administration almost from the time the former vice president was sworn into office. He was appointed secretary of the Interior in 1866 and for a time simultaneously was attorney general. Browning remains the only Cabinet member to have served in two Cabinet positions at the same time.
Browning's immersion in Washington politics after Lincoln's death began with the capture of the assassins and the following military trial beginning May 12 when the first witness was called. At this time Browning had a private law practice with Thomas Ewing Sr., a former senator, and his son, Thomas Ewing Jr. Through this law partnership he was involved with the assassination trial. He took part in the trial working under Ewing Jr., defense counsel for Samuel A. Mudd and Samuel Arnold.
At first blush, Browning's involvement seems an odd twist because of the longtime friendship with Lincoln. However, as a Constitutionalist lawyer, as had been Lincoln, Browning did not believe the conspirators should be tried in a military court but in a civilian one because the military had no jurisdiction over civilians. A year later that argument won support by the Supreme Court in a landmark case, Ex Parte Milligan.
Browning wrote the defense of alleged assassins Mudd and Arnold. Browning's 1965 diary indicates that he wrote the defense for Mudd on June 20 and for Arnold on June 21.
When the trial ended June 30, 1865, the military commission of 11 gave its verdict. All eight of the arrested conspirators were found guilty, and four were sentenced to death by hanging. Those sentenced to death were George Atzerodt, David E. Herold, Lewis Payne and Mary Surratt. The sentence was to be carried out July 7, 1865.
Browning's diary entry for July 6 states that the "findings of the Military Commission were approved today by the President, and Mrs. Surratt, Atzerodt, Herold and Payne were directed to be hung tomorrow. . . . This commission was without authority, and its proceedings void. The execution of these persons will be murder. I trust the day will come when the country will be vindicated."
On July 7, Browning records that he went to city hall and was present when the writ of habeas corpus was refused.
Browning kept active legally, politically and socially. He often consulted with Cabinet members whom he had known during his time as an Illinois senator and the Lincoln White House years. Browning was sometimes at the Supreme Court, either presenting a case or hearing the procedures of other cases.
Browning visited President Johnson, a former Democratic senator from Tennessee, occasionally in the summer of 1865. Browning and Johnson were opposites in political and educational backgrounds as well as in personal decorum. Nonetheless, it wasn't long before Browning was a more frequent visitor at the White House as it became clear that Johnson would proceed in treating the Southern states more in line with his thinking. Johnson's stance was reinforced by Browning's legal view that Southern states had never seceded. Browning wrote to his Quincy friend, John C. Cox, stating that "the war itself can be justified on no other theory than the integrity of the Union, and the nullity of the ordinances of secession."
Radical Republicans had hoped Johnson would take an unforgiving stance toward the Southern states. In short order Johnson unpredictably put plans in place to restore all of the states to previous standing in the Union. This was a change from the approach Johnson had touted and resulted in chronic animosity between Johnson and Congress.
In July 1866, Johnson appointed Browning to be secretary of the Interior. He then became a part of the president's official advisory team although he had participated in the intimate circle for several months. Browning would remain in the midst of the adversarial relationship with Congress for four years. In addition, when Attorney General Henry Stanbery resigned to be Johnson's attorney as impeachment threats loomed, Browning was appointed to that post for three months in the spring of 1868.
As Interior secretary, a department authorized in 1849 with Thomas Ewing as the first secretary, a dedicated Browning performed the arduous administrative tasks involving five diverse departmental divisions. Browning was heavily engaged with the Indian Affairs division during his term. He once wrote, "Mine is the largest and most complicated Department of government, and gives me full occupation."
Browning served Johnson under excessive difficulties. Through the controversial president's attempts to restore peace and the impeachment trial, Johnson's presidency was often in limbo. A foremost adviser, Browning was immersed in it all at Johnson's side, just as he had been at Lincoln's.
Browning wrote at the end of his term in 1869 that he was proud of having been "a member of Mr. Johnson's cabinet, and having faithfully struggled with him. . . ." President Johnson was acquitted of the Congressional charges by one fewer vote than the two-thirds required on May 18, 1868.
Browning was a major political figure in Washington for nearly a decade, 1861-69. As a prominent and respected lawyer who saw the world in legal terms, he was in the nexus of power, ever sought for his legal advice and influence.
Iris Nelson is a former reference librarian and archivist at the Quincy Public Library, now retired. She serves on boards for civic and historical organizations and has written articles for historical journals.
Sources
Baxter, Maurice. Orville H. Browning: Lincoln's Friend and Critic. Bloomington: Indiana University Press. 1957.
Pease, Theodore Calvin and James G. Randall (eds.). The Diary of Orville Hickman Browning, Volume II, 1865-1881, Springfield, Illinois, Illinois State Historical Society, 1925.
Trefousse, Hans L. Andrew Johnson: A Biography. New York: W. W. Norton & Co., 1989.





