Impeachment of Andrew Johnson explained

Accused:Andrew Johnson, 17th President of the United States
Accusations:Eleven high crimes and misdemeanors
Cause:Violating the Tenure of Office Act by attempting to replace Edwin Stanton, the secretary of war, while Congress was not in session and other alleged abuses of presidential power
Outcome:Acquitted by the U.S. Senate, remained in office
Header Votes:Key congressional votes
Vote1:Voting in the U.S. House of Representatives
Accusation1:High crimes and misdemeanors
Votes Favor1:126
Votes Against1:47
Result1:Approved resolution of impeachment
Vote2:Voting in the U.S. Senate
Accusation2:Article XI
Votes Favor2:35 "guilty"
Votes Against2:19 "not guilty"
Result2:Acquitted (36 "guilty" votes necessary for a conviction)
Accusation3:Article II
Votes Favor3:35 "guilty"
Votes Against3:19 "not guilty"
Result3:Acquitted (36 "guilty" votes necessary for a conviction)
Accusation4:Article III
Votes Favor4:35 "guilty"
Votes Against4:19 "not guilty"
Result4:Acquitted (36 "guilty" votes necessary for a conviction)
Notes:The Senate held a roll call vote on only 3 of the 11 articles before adjourning as a court.

The impeachment of Andrew Johnson was initiated on February 24, 1868, when the United States House of Representatives passed a resolution to impeach Andrew Johnson, the 17th president of the United States, for "high crimes and misdemeanors". The alleged high crimes and misdemeanors were afterwards specified in eleven articles of impeachment adopted by the House on March 2 and 3, 1868. The primary charge against Johnson was that he had violated the Tenure of Office Act. Specifically, that he had acted to remove from office Edwin Stanton and to replace him with Brevet Major General Lorenzo Thomas as secretary of war ad interim. The Tenure of Office Act had been passed by Congress in March 1867 over Johnson's veto with the primary intent of protecting Stanton from being fired without the Senate's consent. Stanton often sided with the Radical Republican faction and did not have a good relationship with Johnson.

Johnson was the first United States president to be impeached. After the House formally adopted the articles of impeachment, they forwarded them to the United States Senate for . The trial in the Senate began on March 5, with Chief Justice Salmon P. Chase presiding. On May 16, the Senate voted against convicting Johnson on one of the articles, with its 35–19 vote in favor of conviction falling one vote short of the necessary two-thirds majority. A 10-day recess of the Senate trial was called before reconvening to convict him on additional articles. On May 26, the Senate voted against convicting the president on two more articles by margins identical to the first vote. After this, the trial was adjourned sine die without votes being held on the remaining eight articles of impeachment.

The impeachment and trial of Andrew Johnson had important political implications for the balance of federal legislative-executive power. It maintained the principle that Congress should not remove the president from office simply because its members disagreed with him over policy, style, and administration of the office. It also resulted in diminished presidential influence on public policy and overall governing power, fostering a system of governance which future-President Woodrow Wilson referred to in the 1880s as "Congressional Government".

Background

Presidential Reconstruction

Tensions between the executive and legislative branches had been high prior to Johnson's ascension to the presidency. Following Union Army victories at Gettysburg and Vicksburg in July 1863, President Lincoln began contemplating the issue of how to bring the South back into the Union. He wished to offer an olive branch to the rebel states by pursuing a lenient plan for their reintegration. The forgiving tone of the president's plan, plus the fact that he implemented it by presidential directive without consulting Congress, incensed Radical Republicans, who countered with a more stringent plan. Their proposal for Southern reconstruction, the Wade–Davis Bill, passed both houses of Congress in July 1864, but was pocket vetoed by the president and never took effect.[1] [2]

The assassination of Abraham Lincoln on April 14, 1865, just days after the Army of Northern Virginia's surrender at Appomattox, briefly lessened the tension over who would set the terms of peace. The Radicals, while suspicious of new president Andrew Johnson and his policies, believed based on his record that he would defer or at least acquiesce to their hardline proposals. Though a Tennessee Democrat, Johnson had fiercely criticized Southern secession. After Tennessee joined the states leaving the Union, he chose to stay in Washington, rather than resign his U.S. Senate seat. Later, when Union troops occupied Tennessee, Johnson was appointed military governor. He exercised his powers in that office vigorously, frequently stating that "treason must be made odious and traitors punished".[2]

After Johnson became president, however, he embraced Lincoln's more lenient policies, thus rejecting the Radicals and setting the stage for a showdown with Congress.[3] During the first months of his presidency, Johnson issued proclamations of general amnesty for most former Confederates, both government and military officers, and oversaw creation of new governments in the hitherto rebellious states—governments dominated by ex-Confederate officials.[4] In February 1866, Johnson vetoed legislation extending the Freedmen's Bureau and expanding its powers; Congress was unable to override the veto. Afterward, Johnson denounced Radical Republicans Representative Thaddeus Stevens and Senator Charles Sumner, along with abolitionist Wendell Phillips, as traitors.[5] Later, Johnson vetoed a Civil Rights Act and a second Freedmen's Bureau bill. The Senate and the House each mustered the two-thirds majority necessary to override both vetoes.[5]

At an impasse with Congress, Johnson offered himself directly to the American public as a "tribune of the people". In the late summer of 1866, the president embarked on a national "Swing Around the Circle" speaking tour, where he asked his audiences for their support in his battle against the Congress and urged voters to elect representatives to Congress in the upcoming midterm election who supported his policies. The tour backfired on Johnson, however, when reports of his undisciplined, vitriolic speeches and ill-advised confrontations with hecklers swept the nation. Contrary to his hopes, the 1866 elections led to veto-proof Republican majorities in both houses of Congress.[6] [7] As a result, Radicals were able to take control of Reconstruction, passing a series of Reconstruction Acts—each one over the president's veto—addressing requirements for Southern states to be fully restored to the Union. The first of these acts divided those states, excluding Johnson's home state of Tennessee, into five military districts, and each state's government was put under the control of the U.S. military. Additionally, these states were required to enact new constitutions, ratify the Fourteenth Amendment, and guarantee voting rights for black males.[2] [8]

Previous efforts to impeach Johnson

See main article: Efforts to impeach Andrew Johnson.

First inquiry

See main article: First impeachment inquiry into Andrew Johnson.

On January 7, 1867, the House of Representatives voted to launch an impeachment inquiry against Johnson, to be run by the House Committee on the Judiciary. Since the resolution only created an inquiry and did not actually directly impeach the president as many Radical Republicans wanted to do, it was seen as offering Republicans a chance to register their displeasure with Johnson without actually formally impeaching him. Many Republicans felt safe in the belief that any impeachment resolution would die a quiet death in the Judiciary Committee.[9] The House Committee on the Judiciary initially sided 4–5 on June 3, 1867, against recommending against forwarding articles of impeachment to the full House.[10] However, on November 25, 1867, the House Committee on the Judiciary, which had not previously forwarded the result of its inquiry to the full House, reversed their previous decision due to a change of mind by one of its member and voted 5–4 to recommend impeachment. In a December 7, 1867, vote, the full House rejected impeachment by a 108–57 vote in which more Republicans voted against impeachment than for it.[11] [12] [13]

Launch of a second inquiry

See main article: Second impeachment inquiry into Andrew Johnson.

On January 27, 1868, Rufus P. Spalding moved that the rules be suspended so that he could present a resolution resolving that the House Select Committee on Reconstruction be authorized to conduct a new impeachment inquiry into Johnson for, "what combinations have been made or attempted to be made to obstruct the due execution of the laws," and that the committee have leave to report at any time.[14] The motion to consider the resolution was agreed to by a vote of 103–37,[14] [15] and the House voted to approve the resolution by a vote of 99–31.[14] [15] No Democrats voted for the resolution, while the only Republicans who cast votes against it were Elihu B. Washburne and William Windom.[15] On February 10, 1868, the House voted to transfer any further responsibility over impeachment away from the Committee on the Judiciary and to the Select Committee on Reconstruction.

Despite Thadeus Stevens being the chair of the committee, the membership of the House Committee on Reconstruction was not initially favorable to impeachment. It had four (Republican) members that had voted for impeachment in December 1867, and five members (three Republicans and two Democrats) that had voted against it.[16] At a February 13, 1868, committee meeting, a vote on a motion to table consideration of a resolution proposed by Stevens to impeach Johnson had effectively signaled that five of the committee's members still stood opposed to impeachment, unchanged in their position since the December 1867 vote. After the February 13 vote, it momentarily appeared that the prospect of impeachment was dead.[17] [18]

Tenure of Office Act

See main article: Tenure of Office Act (1867).

Congress' control of the military Reconstruction policy was mitigated by Johnson's command of the military as president. However, Johnson had inherited Lincoln's appointee Edwin M. Stanton as secretary of war. Stanton was a staunch Radical Republican who would comply with congressional Reconstruction policies as long as he remained in office.[19] To ensure that Stanton would not be replaced, Congress passed the Tenure of Office Act in 1867 over Johnson's veto. The act required the president to seek the Senate's advice and consent before relieving or dismissing any member of his cabinet (an indirect reference to Stanton) or, indeed, any federal official whose initial appointment had previously required its advice and consent.[20] [21]

Johnson's dismissal of Secretary of War Stanton

The Tenure of Office Act was put in place to prevent the president from dismissing an officer that had been previously appointed with the advice and consent of the Senate without the Senate's approval to remove them.[22] Per the law, if the president dismissed such an officer when the Senate was in recess, and the Senate voted upon reconvening against ratifying the removal, the president would be required to reinstate the individual.[23] Because the Tenure of Office Act did permit the president to suspend such officials when Congress was out of session, after Johnson failed to obtain Stanton's resignation, he instead suspended Stanton on August 5, 1867, which gave him the opportunity to appoint General Ulysses S. Grant, then serving as commanding general of the Army, to serve as the interim secretary of war.[24] When the Senate adopted a resolution of non-concurrence with Stanton's dismissal in December 1867, Grant told Johnson he was going to resign, fearing punitive legal action.[21] Contrary to Johnson's belief that Grant had agreed to remain in office,[25] when the Senate voted and reinstated Stanton in January 1868, Grant immediately resigned, before the president had an opportunity to appoint a replacement.[26] Johnson was furious at Grant, accusing him of lying during a stormy cabinet meeting. The March 1868 publication of several angry messages between Johnson and Grant led to a complete break between the two. As a result of these letters, Grant solidified his standing as the front-runner for the 1868 Republican presidential nomination.[24] [27]

Johnson complained about Stanton's restoration to office and searched desperately for someone to replace Stanton who would be acceptable to the Senate. He first proposed the position to General William Tecumseh Sherman, an enemy of Stanton, who turned down his offer.[28] Sherman subsequently suggested to Johnson that Radical Republicans and moderate Republicans would be amenable to replacing Stanton with Jacob Dolson Cox, but he found the president to be no longer interested in appeasement.[29] On February 21, 1868, the president appointed Lorenzo Thomas, a brevet major general in the Army, as secretary of war ad interim. Johnson thereupon informed the Senate of his decision. Thomas personally delivered the president's dismissal notice to Stanton, who rejected the legitimacy of the decision. Rather than vacate his office, Stanton barricaded himself inside and ordered Thomas arrested for violating the Tenure of Office Act.[30] Thomas remained under arrest for several days before being released, and having the charge against him dropped after Stanton realized that the case against Thomas would provide the courts with an opportunity to review the constitutionality of the Tenure of Office Act.[31]

Johnson's opponents in Congress were outraged by his actions; the president's challenge to congressional authority—with regard to both the Tenure of Office Act and post-war reconstruction—had, in their estimation, been tolerated for long enough.[2] In swift response, an impeachment resolution was introduced in the House by Representatives Thaddeus Stevens and John Bingham. Expressing the widespread sentiment among House Republicans, Representative William D. Kelley (on February 22, 1868) declared:

Passage of the impeachment resolution

Presentation of the resolution by John Covode

On February 21, 1868, the day that Johnson attempted to replace Stanton with Lorenzo Thomas, the chair of the Select Committee on Reconstruction, Radical Republican Thaddeus Stevens, submitted a resolution to the House resolving that the evidence taken on impeachment by the previous (1867) impeachment inquiry run by the Committee on the Judiciary be referred to the Select Committee on Reconstruction, which was overseeing the ongoing second impeachment inquiry. Stevens' resolution also resolved that the Committee on Reconstruction "have leave to report at any time". The resolution was approved by the House.[14] Soon after, a one sentence resolution to impeach Johnson, written by John Covode, was presented to the House. The resolution read,

No charges were specified in the resolution by Covode.[32] News reports stated that the introduction of the resolution was met with audible laughter by Democratic members of the House.[33] George S. Boutwell made a successful motion to refer the resolution to the Select Committee on Reconstruction. Because the resolution had been presented in the late afternoon, the house adjourned without the question being brought to a vote on whether to adopt it. But there was an expectation that it would be debated following day and soon after brought to such a vote.[34]

Committee approval of the resolution

In the morning of February 22, 1868, the Committee on Reconstruction approved an amended version of the impeachment resolution in a 7–2 party-line vote.[35] [36] The amended resolution read,

House debate

At 3pm on February 22, 1868, along with the slightly amended version of Covode's impeachment resolution, Stevens presented a majority report from the Select Committee on Reconstruction opining that Johnson should be impeached for high crimes and misdemeanors.[14] [37] The impeachment resolution was debated at length on both February 22 and 24.[14] During the debate on the resolution, Republican members of the House Select Committee on Reconstruction argued that Johnson's effort to dismiss Stanton and appoint Thomas ad interim was a specific violation of the Tenure of Office Act.[14]

Republicans that had voted against the previous impeachment resolution on December 7, 1867, now voiced support for impeaching Johnson, seeing an impeachment of Johnson for violating the Tenure of Office Act as being grounded in an offense indictable under federal law.[14] James F. Wilson expressed an opinion representative of those expressed during debate by many Republicans that had previously voted against the impeachment resolution brought by the Judiciary Committee at the close of the first impeachment inquiry against Johnson. Ahead of the vote on that previous resolution, Wilson had been tasked by the Judiciary Committee's dissenting members with presenting their argument against impeaching Johnson at that time. Now Wilson expressed support for impeaching Johnson,[14] declaring that,

Wilson opined that in the previous impeachment vote, Johnson had not committed any action that was a crime under either common law or statute. Wilson declared that Johnson had mistakenly been emboldened after he was not impeached in December 1867 and had proceeded to commit an act that constituted clear impeachable conduct,[14] declaring,

Thaddeus Stevens expressed his opinion that impeachment was a purely political process. In the closing remarks of formal debate, Stevens expressed his opinion that the case to be brought against Johnson should be broader than just his violation of the Tenure of Office Act.[14] Before the resolution would be voted on by the House, Thaddeus Stevens, who is considered to have been the leader of the forces behind the push for impeachment, gave a final speech that is described as having brought those in the House chamber to "rapt attention".[38] In the speech, Stevens remarked,

Vote

The resolution was put to a vote on February 24, 1868, three days after Johnson moved to dismiss and replace Stanton. Per the record of the Congressional Globe, the House of Representatives voted 126–47 (with 17 members not voting) in favor of a resolution to impeach the president for high crimes and misdemeanors, This marked the first time that a president of the United States had been impeached. There is a record keeping discrepancy, however. While the Congressional Globe recorded the vote as being 126–47 (with Republicans William Henry Koontz and Francis Thomas being absent), the United States House Journal had recorded the vote as being 128–47 (recording Koontz and Thomas as being present and voting in support of the resolution). The Office of the House Historian uses the Congressional Globe tally on its website.

Almost all of the House Republican caucus that was present voted in support of the impeachment resolution. While every vote cast by those that were elected as a member of the Republican Party was in support of the impeachment resolution, Samuel Fenton Cary (an independent Republican from Ohio), and Thomas E. Stewart (a "Conservative Republican" from New York) voted against it. Both Cary and Stewart caucused with the Republicans.[39] Every Democrat present voted against impeachment.[40] Fifteen Republicans and one Democrat were absent for the vote. Speaker Schuyler Colfax, a Republican, also did not vote, as House rules do not require the speaker to vote during ordinary legislative proceedings unless their vote would be decisive or if the vote is being cast by ballot.

All of the 126 votes in favor of impeachment came from members of the Republican caucus (125 from members of the Republican Party, and one from independent Republican Lewis Selye). Of the 47 votes against impeachment, 44 came from members of the Democratic Party, with the other three votes coming from Conservative Charles E. Phelps, Conservative Republican Thomas E. Stewart, and independent Republican Fenton Cary.

Resolution providing for the impeachment of
Andrew Johnson, President of the United States
[41] [42] [43] [44]
February 24, 1868PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea0125001126
Nay44011147
Votes by member
DistrictMemberPartyVote
data-sort-value="Adams, George Madison" George Madison AdamsDemocratNay
data-sort-value="Allison, William B." William B. AllisonRepublicanYea
data-sort-value="Ames, Okes" Oakes AmesRepublicanYea
data-sort-value="Anderson, George Washington" George Washington AndersonRepublicanYea
data-sort-value="Archer, Stevenson" Stevenson ArcherDemocratNay
data-sort-value="Arnell, Samuel Mayes" Samuel Mayes ArnellRepublicanYea
data-sort-value="Ashley, Delos R." Delos R. AshleyRepublicanYea
data-sort-value="Ashley, James Mitchell" James Mitchell AshleyRepublicanYea
data-sort-value="Axtell, Samuel Beach" Samuel Beach AxtellDemocratNay
data-sort-value="Bailey, Alexander H." Alexander H. BaileyRepublicanYea
data-sort-value="Baker, Jehu" Jehu BakerRepublicanYea
data-sort-value="Baldwin, John Denison" John Denison BaldwinRepublicanYea
data-sort-value="Banks, Nathaniel P." Nathaniel P. BanksRepublicanYea
data-sort-value="Barnes, Demas" Demas BarnesDemocratNay
data-sort-value="Barnum, William Henry" William Henry BarnumDemocratNay
data-sort-value="Beaman, Fermando C." Fernando C. BeamanRepublicanYea
data-sort-value="Beatty, John" John BeattyRepublicanYea
data-sort-value="Beck, James B." James B. BeckDemocratNay
data-sort-value="Benjamin, John F." John F. BenjaminRepublicanAbsent
data-sort-value="Benton, Jacob" Jacob BentonRepublicanYea
data-sort-value="Bingham, John" John BinghamRepublicanYea
data-sort-value="Blaine, James G." James G. BlaineRepublicanYea
data-sort-value="Blair, Austin" Austin BlairRepublicanYea
data-sort-value="Boutwell, George S." George S. BoutwellRepublicanYea
data-sort-value="Boyer, Benjamin Markley" Benjamin Markley BoyerDemocratNay
data-sort-value="Bromwell, Henry P. H." Henry P. H. BromwellRepublicanYea
data-sort-value="Brooks, James" James BrooksDemocratNay
data-sort-value="Broomall, John Martin" John Martin BroomallRepublicanYea
data-sort-value="Buckland, Ralph Pomeroy" Ralph Pomeroy BucklandRepublicanYea
data-sort-value="Burr, Albert G." Albert G. BurrDemocratNay
data-sort-value="Butler, Benjamin" Benjamin ButlerRepublicanYea
data-sort-value="Cake, Henry L." Henry L. CakeRepublicanYea
data-sort-value="Cary, Samuel Fenton" Samuel Fenton CaryIndependent RepublicanNay
data-sort-value="Chanler, John Winthrop" John Winthrop ChanlerDemocratNay
data-sort-value="Churchill, John C." John C. ChurchillRepublicanYea
data-sort-value="Clarke, Reader W." Reader W. ClarkeRepublicanYea
data-sort-value="Clarke, Sidney" Sidney ClarkeRepublicanYea
data-sort-value="Cobb, Amasa" Amasa CobbRepublicanYea
data-sort-value="Coburn, John" John CoburnRepublicanYea
data-sort-value="Colfax, Schuyler" Schuyler ColfaxRepublicanDid not vote (speaker)
data-sort-value="Cook, Burton C." Burton C. CookRepublicanYea
data-sort-value="Cornell, Thomas" Thomas CornellRepublicanYea
data-sort-value="Covode, John" John CovodeRepublicanYea
data-sort-value="Cullom, Shelby Moore" Shelby Moore CullomRepublicanYea
data-sort-value="Dawes, Henry L." Henry L. DawesRepublicanYea
data-sort-value="Dixon, Nathan F. II" Nathan F. Dixon IIRepublicanAbsent
data-sort-value="Dodge, Grenville M." Grenville M. DodgeRepublicanYea
data-sort-value="Donnelly, Ignatius L." Ignatius L. DonnellyRepublicanAbsent
data-sort-value="Driggs, John F." John F. DriggsRepublicanYea
data-sort-value="Eckley, Ephraim R." Ephraim R. EckleyRepublicanYea
data-sort-value="Eglleston, Benjamin" Benjamin EgglestonRepublicanYea
data-sort-value="Ela, Jacob Hart Jacob Hart ElaRepublicanAbsent
data-sort-value="Eldredge, Charles A." Charles A. EldredgeDemocratNay
data-sort-value="Eliot, Thomas D." Thomas D. EliotRepublicanYea
data-sort-value="Farnsworth, John F." John F. FarnsworthRepublicanYea
data-sort-value="Ferriss, Orange" Orange FerrissRepublicanYea
data-sort-value="Ferry, Thomas W." Thomas W. FerryRepublicanYea
data-sort-value="Fields, William C." William C. FieldsRepublicanYea
data-sort-value="Finney, Darwin Abel Darwin Abel FinneyRepublicanAbsent
data-sort-value="Fox, John" John FoxDemocratNay
data-sort-value="Garfield, James A. James A. GarfieldRepublicanAbsent
data-sort-value="Getz, James Lawrence" James Lawrence GetzDemocratNay
data-sort-value="Glossbrenner, Adam John" Adam John GlossbrennerDemocratNay
data-sort-value="Golladay, Jacob" Jacob GolladayDemocratNay
data-sort-value="Gravely, Joseph J." Joseph J. GravelyRepublicanYea
data-sort-value="Griswold, John Augustus" John Augustus GriswoldRepublicanYea
data-sort-value="Grover, Asa" Asa GroverDemocratNay
data-sort-value="Haight, Charles" Charles HaightDemocratNay
data-sort-value="Halsey, George A." George A. HalseyRepublicanYea
data-sort-value="Harding, Abner C." Abner C. HardingRepublicanYea
data-sort-value="Hawkins, Isaac RobertsIsaac Roberts HawkinsRepublicanAbsent
data-sort-value="Higby, William" William HigbyRepublicanYea
data-sort-value="Hill, John" John HillRepublicanYea
data-sort-value="Holman, William S." William S. HolmanDemocratNay
data-sort-value="Hooper, Samuel" Samuel HooperRepublicanYea
data-sort-value="Hopkins, Benjamin F." Benjamin F. HopkinsRepublicanYea
data-sort-value="Hotchkiss, Julius" Julius HotchkissDemocratNay
data-sort-value="Hubbard, Asahel W." Asahel W. HubbardRepublicanYea
data-sort-value="Hubbard, Chester D." Chester D. HubbardRepublicanYea
data-sort-value="Hubbard, Richard D." Richard D. HubbardDemocratNay
data-sort-value="Hulburd, Calvin T." Calvin T. HulburdRepublicanYea
data-sort-value="Humphrey, James M." James M. HumphreyDemocratNay
data-sort-value="Hunter, Morton C." Morton C. HunterRepublicanYea
data-sort-value="Ingersoll, Ebnon C." Ebon C. IngersollRepublicanYea
data-sort-value="Jenckes, Thomas Thomas JenckesRepublicanYea
data-sort-value="Johnson, James A." James A. JohnsonDemocratNay
data-sort-value="Jones, Thomas Laurens" Thomas Laurens JonesDemocratNay
data-sort-value="Judd, Norman B.Norman B. JuddRepublicanYea
data-sort-value="Julian, George WashingtonGeorge Washington JulianRepublicanYea
data-sort-value="Kelley, William D..William D. KelleyRepublicanYea
data-sort-value="Kelsey, William H.William H. KelseyRepublicanYea
data-sort-value="Kerr, Michael C." Michael C. KerrDemocratNay
data-sort-value="Ketcham, John H." John H. KetchamRepublicanYea
data-sort-value="Kitchen, Bethuel" Bethuel KitchenRepublicanYea
data-sort-value="Knott, J. Proctor" J. Proctor KnottDemocratNay
data-sort-value="Koontz, William Henry" William Henry KoontzRepublicanAbsent
data-sort-value="Laflin, Addison" Addison H. LaflinRepublicanYea
data-sort-value="Lawrence, George Van Eman" George Van Eman LawrenceRepublicanYea
data-sort-value="Lawrence, William" William LawrenceRepublicanYea
data-sort-value="Loan, Benjamin F." Benjamin F. LoanRepublicanYea
data-sort-value="Lincoln, William S." William S. LincolnRepublicanYea
data-sort-value="Logan, John A." John A. LoganRepublicanYea
data-sort-value="Loughridge, William" William LoughridgeRepublicanYea
data-sort-value="Lynch, John" John LynchRepublicanYea
data-sort-value="Mallory, Rufus" Rufus MalloryRepublicanYea
data-sort-value="Marshall, Samuel S." Samuel S. MarshallDemocratNay
data-sort-value="Marvin, James M." James M. MarvinRepublicanYea
data-sort-value="Maynard, Horance" Horace MaynardRepublicanAbsent
data-sort-value="McCarthy, Dennis" Dennis McCarthyRepublicanYea
data-sort-value="McClurg, Joseph W." Joseph W. McClurgRepublicanYea
data-sort-value="McCormick, James Robinson" James Robinson McCormickDemocratNay
data-sort-value="McCullough, Hiram" Hiram McCulloughDemocratNay
data-sort-value="Mercur" Ulysses MercurRepublicanYea
data-sort-value="Miller, George Funston" George Funston MillerRepublicanYea
data-sort-value="Moore, William" William MooreRepublicanYea
data-sort-value="Moorhead, James K." James K. MoorheadRepublicanYea
data-sort-value="Morgan, George W." George W. MorganDemocratNay
data-sort-value="Morrell, Daniel Johnson" Daniel Johnson MorrellRepublicanYea
data-sort-value="Morrissey, John" John MorrisseyDemocratNay
data-sort-value="Mullins, James" James MullinsRepublicanYea
data-sort-value="Mungen, William" William MungenDemocratNay
data-sort-value="Myers, Leonard" Leonard MyersRepublicanYea
data-sort-value="Newcomb, Carman A." Carman A. NewcombRepublicanYea
data-sort-value="Niblack, William E." William E. NiblackDemocratNay
data-sort-value="Nicholson, John A." John A. NicholsonDemocratNay
data-sort-value="Nunn, David Alexander" David Alexander NunnRepublicanYea
data-sort-value="O'Neill, Charles" Charles O'NeillRepublicanYea
data-sort-value="Orth, Godlove Stein" Godlove Stein OrthRepublicanYea
data-sort-value="Paine, Halbert E." Halbert E. PaineRepublicanYea
data-sort-value="Perham, Sidney" Sidney PerhamRepublicanYea
data-sort-value="Peters, John A.." John A. PetersRepublicanYea
data-sort-value="Phelps, Charles E." Charles E. PhelpsConservativeNay
data-sort-value="Pike, Frederick Augustus" Frederick Augustus PikeRepublicanYea
data-sort-value="Pile, William A." William A. PileRepublicanYea
data-sort-value="Plants, Tobais A." Tobias A. PlantsRepublicanYea
data-sort-value="Poland, Luke P." Luke P. PolandRepublicanYea
data-sort-value="Polsley, Daniel" Daniel PolsleyRepublicanYea
data-sort-value="Pomeroy, Theodore M." Theodore M. PomeroyRepublicanAbsent
data-sort-value="Price, Hiram" Hiram PriceRepublicanYea
data-sort-value="Pruyn, John V. L." John V. L. PruynDemocratNay
data-sort-value="Randall, Samuel J." Samuel J. RandallDemocratNay
data-sort-value="Raum, Green Berry" Green Berry RaumRepublicanYea
data-sort-value="Robertson, William" William H. RobertsonRepublicanYea
data-sort-value="Robinson, William Erigena" William Erigena RobinsonDemocratAbsent
data-sort-value="Ross, Lewis W." Lewis W. RossDemocratNay
data-sort-value="Sawyer, Philetus" Philetus SawyerRepublicanYea
data-sort-value="Scnenck, Robert C." Robert C. SchenckRepublicanYea
data-sort-value="Scofield, Glenni William" Glenni William ScofieldRepublicanYea
data-sort-value="Selye, Lewis" Lewis SelyeIndependent RepublicanYea
data-sort-value="John, P. C. Shanks" John P. C. ShanksRepublicanYea
data-sort-value="Shellabarger, Samuel" Samuel ShellabargerRepublicanYea
data-sort-value="Sitgreaves, Charles" Charles SitgreavesDemocratNay
data-sort-value="Smith, Worthington Curtis" Worthington Curtis SmithRepublicanYea
data-sort-value="Spalding, Rufus P." Rufus P. SpaldingRepublicanYea
data-sort-value="Starkweather, Henry H." Henry H. StarkweatherRepublicanYea
data-sort-value="Stevens, Aaron Fletcher" Aaron Fletcher StevensRepublicanYea
data-sort-value="Stevens, Thaddeus" Thaddeus StevensRepublicanYea
data-sort-value="Stewart, Thomas E." Thomas E. StewartConservative RepublicanNay
data-sort-value="Stokes, William Brickly" William Brickly StokesRepublicanYea
data-sort-value="Stone, Frederick" Frederick StoneDemocratNay
data-sort-value="Taber, Stephen" Stephen TaberDemocratNay
data-sort-value="Taffe, John" John TaffeRepublicanYea
data-sort-value="Taylor, Caleb Newbold" Caleb Newbold TaylorRepublicanYea
data-sort-value="Thomas, Francis" Francis ThomasRepublicanAbsent
data-sort-value="Trimble, John" John TrimbleRepublicanAbsent
data-sort-value="Trimble, Lawrence S." Lawrence S. TrimbleDemocratNay
data-sort-value="Trowbridge, Rowland E." Rowland E. TrowbridgeRepublicanYea
data-sort-value="Twichell, Ginery" Ginery TwichellRepublicanYea
data-sort-value="Upson, Charles" Charles UpsonRepublicanYea
data-sort-value="Van Aernam, Henry" Henry Van AernamRepublicanYea
data-sort-value="Van Auken, Daniel Myers" Daniel Myers Van AukenDemocratNay
data-sort-value="Van Horn, Burt" Burt Van HornRepublicanYea
data-sort-value="Van Horn, Robert T." Robert T. Van HornRepublicanAbsent
data-sort-value="Van Trump, Philadelph" Philadelph Van TrumpDemocratNay
data-sort-value="Van Wyck, Charles" Charles Van WyckRepublicanYea
data-sort-value="Ward, Hamilton" Hamilton WardRepublicanYea
data-sort-value="Washburn, Cadwallader C." Cadwallader C. WashburnRepublicanYea
data-sort-value="Washburn, Henry D." Henry D. WashburnRepublicanAbsent
data-sort-value="Washburn, William B." William B. WashburnRepublicanYea
data-sort-value="Washburne, Elihu B." Elihu B. WashburneRepublicanYea
data-sort-value="Welker, Martin" Martin WelkerRepublicanYea
data-sort-value="Williams, Thomas" Thomas WilliamsRepublicanYea
data-sort-value="Williams, William" William WilliamsRepublicanAbsent
data-sort-value="Wilson, James F." James F. WilsonRepublicanYea
data-sort-value="Wilson, John Thomas" John Thomas WilsonRepublicanYea
data-sort-value="Wilson, Stephen Fowler" Stephen Fowler WilsonRepublicanYea
data-sort-value="Windom, William" William WindomRepublicanYea
data-sort-value="Wood, Fernando" Fernando WoodDemocratNay
data-sort-value="Woodbridge, Frederic E.k" Frederick E. WoodbridgeRepublicanYea
data-sort-value="Woodward, George Washington" George Washington WoodwardDemocratNay
data-sort-value="z" colspan=6Notes:
Schuyler Colfax was serving as Speaker of the House. Per House rules, "the Speaker is not required to vote in ordinary legislative proceedings, except when such vote would be decisive or when the House is engaged in voting by ballot."[45]

Adoption of the articles of impeachment

See main article: Articles of impeachment adopted against Andrew Johnson.

After the House passed the impeachment resolution, its attention turned to the adoption of articles of impeachment which the Senate would try Johnson on. The approach of having the vote to impeach be an entirely separate vote from the adoption of article(s) of impeachment differs from the approach that has been practiced in more recent United States federal impeachments, in which impeachment has occurred directly through the adoption of article(s) of impeachment. However, the manner in which Johnson was impeached appears to have been the standard order of procedure for nineteenth century federal impeachments in the United States, as each of the five previous impeachments of federal officials that had led to a Senate trial had been conducted the same way, with votes to impeach occurring before votes on articles of impeachment.[40]

Drafting of the articles

After the vote to impeach, Stevens submitted a pair of resolutions that both created a two-person committee tasked with presenting to the Senate bar the impeachment resolution that had been passed and informing the Senate that the House would "in due time" exhibit specific articles of impeachment, and which also created a seven-person committee to prepare and report articles of impeachment. The resolutions gave that seven-person committee the power to subpoena people, papers, and records, and to record sworn testimony. After procedural votes, the House approved both of Stevens' resolutions in a single 124–42 vote. No members of the Republican Party voted against it, while no members of the Democratic Party voted for it.[41] [46] Before the House adjourned for the evening, Speaker Schuyler Colfax appointed John Bingham and Thaddeus Stevens to the two-person committee tasked with informing the Senate of Johnson's impeachment, and also appointed John Bingham, George S. Boutwell, and Thaddeus Stevens (all of whom had been members of the Select Committee on Reconstruction) along with George Washington Julian, House Committee on the Judiciary Chairman James F. Wilson, John A. Logan, and Hamilton Ward to the seven-person committee tasked with writing the articles of impeachment.[40]

On the morning of February 25, 1868, the Senate was informed by the two-person committee of Bingham and Stevens that Johnson had been impeached and that articles of impeachment would be created.[47] Later that day, Stevens reported to the House that the committee had gone before the bar of the Senate on behalf of the House.[47] Later on February 25, Ellihu B. Washburne moved to suspend the rules and order that, once the special committee tasked with preparing the articles of impeachment reported those articles, the House would immediately hold a full-house vote on the articles, and set the rules for speeches and debate on the articles. The House voted 106–37 to approve Washburne's motion.[48] Later that day, George S. Boutwell presented two resolutions to enable the committee of seven that had been appointed to prepare and report the articles of impeachment to sit during sessions of the House. These resolutions were passed 105–36.[49]

Thaddeus Stevens felt that Radical Republicans on the committee were yielding too much to moderates to limit the scope of the violations of law that the articles of impeachment would charge Johnson with. He wrote Benjamin F. Butler, proposing that, while Stevens worked to add two more additional articles to the seven already written by the committee, Butler would write his own separate article of impeachment from outside of the committee. Butler accepted this proposal.[40]

The committee of seven initially delivered ten proposed articles of impeachment to the House on February 29, 1868.[40] These would be revised and reduced to nine articles before being voted on on March 2.

Votes on the articles

One week after it voted to impeach Johnson, the House adopted eleven articles of impeachment against the president. The first nine articles were approved on March 2, while the last two were approved on March 3, 1868. The third and fourth articles each received a single Democratic vote in support of them (George W. Morgan for the third and Charles Haight for the fourth article).[41] [44] [50] The tenth article was the only to have Republican opposition, with twelve Republicans casting votes against it. However, two other members of the Republican caucus that were not formally part of the Republican Party (Samuel Fenton Cary, an independent Republican from Ohio, and Thomas E. Stewart, a "Conservative Republican" from New York) voted against nearly every article of impeachment (with Stewart having been absent from the vote on the fourth article).[41] [51]

Votes by member
DistrictMemberPartyVotes on articles
1st2nd3rd4th5th6th7th8th9th10th11th
data-sort-value="Adams, George Madison" George Madison AdamsDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Allison, William B." William B. AllisonRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Ames, Okes" Oakes AmesRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Anderson, George Washington" George Washington AndersonRepublicanYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsentAbsent
data-sort-value="Archer, Stevenson" Stevenson ArcherDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Arnell, Samuel Mayes" Samuel Mayes ArnellRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Ashley, Delos R." Delos R. AshleyRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaNayYea
data-sort-value="Ashley, James Mitchell" James Mitchell AshleyRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Axtell, Samuel Beach" Samuel Beach AxtellDemocratNayNayNayNayNayNayNayNayNayAbsentAbsent
data-sort-value="Bailey, Alexander H." Alexander H. BaileyRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Baker, Jehu" Jehu BakerRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Baldwin, John Denison" John Denison BaldwinRepublicanYeaYeaYeaYeaYeaYeaYeaYeaAbsentYeaYea
data-sort-value="Banks, Nathaniel P." Nathaniel P. BanksRepublicanYeaYeaYeaYeaYeaYeaYeaYeaAbsentYeaYea
data-sort-value="Barnes, Demas" Demas BarnesDemocratAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Barnum, William Henry" William Henry BarnumDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Beaman, Fermando C." Fernando C. BeamanRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Beatty, John" John BeattyRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Beck, James B." James B. BeckDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Benjamin, John F." John F. BenjaminRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Benton, Jacob" Jacob BentonRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Bingham, John" John BinghamRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Blaine, James G." James G. BlaineRepublicanYeaYeaYeaYeaYeaYeaYeaYeaAbsentYeaYea
data-sort-value="Blair, Austin" Austin BlairRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Boutwell, George S." George S. BoutwellRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Boyer, Benjamin Markley" Benjamin Markley BoyerDemocratNayNayNayNayNayNayNayNayNayAbsentAbsent
data-sort-value="Bromwell, Henry P. H." Henry P. H. BromwellRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Brooks, James" James BrooksDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Broomall, John Martin" John Martin BroomallRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Buckland, Ralph Pomeroy" Ralph Pomeroy BucklandRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Burr, Albert G." Albert G. BurrDemocratNayNayNayNayNayNayNayNayAbsentNayNay
data-sort-value="Butler, Benjamin" Benjamin ButlerRepublicanYeaYeaYeaAbsentYeaYeaYeaYeaYeaYeaYea
data-sort-value="Cake, Henry L." Henry L. CakeRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Cary, Samuel Fenton" Samuel Fenton CaryIndependent RepublicanNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Chanler, John Winthrop" John Winthrop ChanlerDemocratNayNayNayNayNayNayNayNayNayAbsentAbsent
data-sort-value="Churchill, John C." John C. ChurchillRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Clarke, Reader W." Reader W. ClarkeRepublicanYeaYeaYeaYeaYeaYeaYeaYeaAbsentYeaYea
data-sort-value="Clarke, Sidney" Sidney ClarkeRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Cobb, Amasa" Amasa CobbRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Coburn, John" John CoburnRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaNayYea
data-sort-value="Colfax, Schuyler" Schuyler ColfaxRepublicanDid not vote (speaker)
data-sort-value="Cook, Burton C." Burton C. CookRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Cornell, Thomas" Thomas CornellRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentYea
data-sort-value="Covode, John" John CovodeRepublicanYeaAbsentYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Cullom, Shelby Moore" Shelby Moore CullomRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Dawes, Henry L." Henry L. DawesRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Dixon, Nathan F. II" Nathan F. Dixon IIRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentYea
data-sort-value="Dodge, Grenville M." Grenville M. DodgeRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Donnelly, Ignatius L." Ignatius L. DonnellyRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Driggs, John F." John F. DriggsRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Eckley, Ephraim R." Ephraim R. EckleyRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Eglleston, Benjamin" Benjamin EgglestonRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Ela, Jacob Hart Jacob Hart ElaRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Eldredge, Charles A." Charles A. EldredgeDemocratNayNayNayNayNayNayNayNayNayNayAbsent
data-sort-value="Eliot, Thomas D." Thomas D. EliotRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Farnsworth, John F." John F. FarnsworthRepublicanYeaYeaYeaYeaYeaYeaYeaYeaAbsentYeaYea
data-sort-value="Ferriss, Orange" Orange FerrissRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Ferry, Thomas W." Thomas W. FerryRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Fields, William C." William C. FieldsRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Finney, Darwin Abel Darwin Abel FinneyRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Fox, John" John FoxDemocratNayNayNayNayNayNayNayNayNayAbsentAbsent
data-sort-value="Garfield, James A. James A. GarfieldRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Getz, James Lawrence" James Lawrence GetzDemocratNayNayNayNayNayNayNayNayNayAbsentNay
data-sort-value="Glossbrenner, Adam John" Adam John GlossbrennerDemocratNayNayNayNayNayNayNayNayNayAbsentAbsent
data-sort-value="Golladay, Jacob" Jacob GolladayDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Gravely, Joseph J." Joseph J. GravelyRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Griswold, John Augustus" John Augustus GriswoldRepublicanYeaYeaYeaYeaYeaYeaYeaYeaAbsentNayYea
data-sort-value="Grover, Asa" Asa GroverDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Haight, Charles" Charles HaightDemocratNayNayNayYeaNayNayNayNayNayNayNay
data-sort-value="Halsey, George A." George A. HalseyRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Harding, Abner C." Abner C. HardingRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Hawkins, Isaac RobertsIsaac Roberts HawkinsRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Higby, William" William HigbyRepublicanYeaYeaYeaAbsentYeaYeaYeaYeaAbsentYeaYea
data-sort-value="Hill, John" John HillRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Holman, William S." William S. HolmanDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Hooper, Samuel" Samuel HooperRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Hopkins, Benjamin F." Benjamin F. HopkinsRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Hotchkiss, Julius" Julius HotchkissDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Hubbard, Asahel W." Asahel W. HubbardRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Hubbard, Chester D." Chester D. HubbardRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Hubbard, Richard D." Richard D. HubbardDemocratAbsentAbsentNayNayAbsentAbsentAbsentAbsentNayAbsentAbsent
data-sort-value="Hulburd, Calvin T." Calvin T. HulburdRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Humphrey, James M." James M. HumphreyDemocratNayNayNayAbsentNayNayNayNayNayNayNay
data-sort-value="Hunter, Morton C." Morton C. HunterRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Ingersoll, Ebnon C." Ebon C. IngersollRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Jenckes, Thomas Thomas JenckesRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentYea
data-sort-value="Johnson, James A." James A. JohnsonDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Jones, Thomas Laurens" Thomas Laurens JonesDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Judd, Norman B.Norman B. JuddRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Julian, George WashingtonGeorge Washington JulianRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Kelley, William D..William D. KelleyRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Kelsey, William H.William H. KelseyRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Kerr, Michael C." Michael C. KerrDemocratNayAbsentNayNayNayNayNayNayNayNayNay
data-sort-value="Ketcham, John H." John H. KetchamRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentYea
data-sort-value="Kitchen, Bethuel" Bethuel KitchenRepublicanYeaYeaYeaYeaYeaYeaYeaYeaAbsentYeaYea
data-sort-value="Knott, J. Proctor" J. Proctor KnottDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Koontz, William Henry" William Henry KoontzRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Laflin, Addison" Addison H. LaflinRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaNayYea
data-sort-value="Lawrence, George Van Eman" George Van Eman LawrenceRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Lawrence, William" William LawrenceRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Loan, Benjamin F." Benjamin F. LoanRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Lincoln, William S." William S. LincolnRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Logan, John A." John A. LoganRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Loughridge, William" William LoughridgeRepublicanYeaAbsentYeaAbsentYeaYeaYeaYeaAbsentYeaYea
data-sort-value="Lynch, John" John LynchRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Mallory, Rufus" Rufus MalloryRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaNayYea
data-sort-value="Marshall, Samuel S." Samuel S. MarshallDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Marvin, James M." James M. MarvinRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaNayYea
data-sort-value="Maynard, Horance" Horace MaynardRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="McCarthy, Dennis" Dennis McCarthyRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="McClurg, Joseph W." Joseph W. McClurgRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="McCormick, James Robinson" James Robinson McCormickDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="McCullough, Hiram" Hiram McCulloughDemocratAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Mercur" Ulysses MercurRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Miller, George Funston" George Funston MillerRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Moore, William" William MooreRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Moorhead, James K." James K. MoorheadRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Morgan, George W." George W. MorganDemocratNayNayYeaNayNayNayNayNayNayNayNay
data-sort-value="Morrell, Daniel Johnson" Daniel Johnson MorrellRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Morrissey, John" John MorrisseyDemocratAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Mullins, James" James MullinsRepublicanYeaAbsentYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Mungen, William" William MungenDemocratNayNayAbsentNayNayNayNayNayNayNayNay
data-sort-value="Myers, Leonard" Leonard MyersRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Newcomb, Carman A." Carman A. NewcombRepublicanYeaYeaYeaAbsentYeaYeaYeaYeaYeaYeaYea
data-sort-value="Niblack, William E." William E. NiblackDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Nicholson, John A." John A. NicholsonDemocratNayNayNayNayNayNayNayNayAbsentNayNay
data-sort-value="Nunn, David Alexander" David Alexander NunnRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="O'Neill, Charles" Charles O'NeillRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Orth, Godlove Stein" Godlove Stein OrthRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Paine, Halbert E." Halbert E. PaineRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentYea
data-sort-value="Perham, Sidney" Sidney PerhamRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Peters, John A.." John A. PetersRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Phelps, Charles E." Charles E. PhelpsConservativeAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Pike, Frederick Augustus" Frederick Augustus PikeRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Pile, William A." William A. PileRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Plants, Tobais A." Tobias A. PlantsRepublicanYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsentYea
data-sort-value="Poland, Luke P." Luke P. PolandRepublicanYeaYeaYeaAbsentYeaYeaYeaYeaAbsentAbsentYea
data-sort-value="Polsley, Daniel" Daniel PolsleyRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Pomeroy, Theodore M." Theodore M. PomeroyRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaNayYea
data-sort-value="Price, Hiram" Hiram PriceRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentYea
data-sort-value="Pruyn, John V. L." John V. L. PruynDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Randall, Samuel J." Samuel J. RandallDemocratNayNayNayNayNayNayNayNayNayAbsentAbsent
data-sort-value="Raum, Green Berry" Green Berry RaumRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Robertson, William" William H. RobertsonRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentYea
data-sort-value="Robinson, William Erigena" William Erigena RobinsonDemocratAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Ross, Lewis W." Lewis W. RossDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Sawyer, Philetus" Philetus SawyerRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Scnenck, Robert C." Robert C. SchenckRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Scofield, Glenni William" Glenni William ScofieldRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Selye, Lewis" Lewis SelyeIndependent RepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="John, P. C. Shanks" John P. C. ShanksRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Shellabarger, Samuel" Samuel ShellabargerRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Sitgreaves, Charles" Charles SitgreavesDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Smith, Worthington Curtis" Worthington Curtis SmithRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaNayYea
data-sort-value="Spalding, Rufus P." Rufus P. SpaldingRepublicanYeaYeaYeaAbsentYeaYeaYeaYeaAbsentYeaYea
data-sort-value="Starkweather, Henry H." Henry H. StarkweatherRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Stevens, Aaron Fletcher" Aaron Fletcher StevensRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Stevens, Thaddeus" Thaddeus StevensRepublicanYeaYeaAbsentAbsentYeaYeaYeaYeaYeaYeaYea
data-sort-value="Stewart, Thomas E." Thomas E. StewartConservative RepublicanNayNayNayAbsentNayNayNayNayNayNayNay
data-sort-value="Stokes, William Brickly" William Brickly StokesRepublicanYeaYeaAbsentAbsentYeaYeaYeaYeaAbsentAbsentAbsent
data-sort-value="Stone, Frederick" Frederick StoneDemocratNayNayNayNayNayNayNayNayNayAbsentAbsent
data-sort-value="Taber, Stephen" Stephen TaberDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Taffe, John" John TaffeRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Taylor, Caleb Newbold" Caleb Newbold TaylorRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Thomas, Francis" Francis ThomasRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Trimble, John" John TrimbleRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Trimble, Lawrence S." Lawrence S. TrimbleDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Trowbridge, Rowland E." Rowland E. TrowbridgeRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Twichell, Ginery" Ginery TwichellRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Upson, Charles" Charles UpsonRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Van Aernam, Henry" Henry Van AernamRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Van Auken, Daniel Myers" Daniel Myers Van AukenDemocratNayNayNayNayNayNayNayNayNayAbsentAbsent
data-sort-value="Van Horn, Burt" Burt Van HornRepublicanYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsentAbsent
data-sort-value="Van Horn, Robert T." Robert T. Van HornRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Van Trump, Philadelph" Philadelph Van TrumpDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Van Wyck, Charles" Charles Van WyckRepublicanYeaYeaYeaYeaYeaYeaYeaYeaAbsentYeaYea
data-sort-value="Ward, Hamilton" Hamilton WardRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Washburn, Cadwallader C." Cadwallader C. WashburnRepublicanYeaYeaAbsentAbsentYeaYeaYeaYeaAbsentYeaYea
data-sort-value="Washburn, Henry D." Henry D. WashburnRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Washburn, William B." William B. WashburnRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Washburne, Elihu B." Elihu B. WashburneRepublicanYeaYeaYeaAbsentYeaYeaYeaYeaAbsentAbsentAbsent
data-sort-value="Welker, Martin" Martin WelkerRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Williams, Thomas" Thomas WilliamsRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaYeaYea
data-sort-value="Williams, William" William WilliamsRepublicanAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsentAbsent
data-sort-value="Wilson, James F." James F. WilsonRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaNayYea
data-sort-value="Wilson, John Thomas" John Thomas WilsonRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaNayYea
data-sort-value="Wilson, Stephen Fowler" Stephen Fowler WilsonRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaAbsentAbsent
data-sort-value="Windom, William" William WindomRepublicanYeaYeaYeaYeaYeaYeaYeaYeaYeaNayYea
data-sort-value="Wood, Fernando" Fernando WoodDemocratNayNayNayNayNayNayNayNayNayNayNay
data-sort-value="Woodbridge, Frederic E." Frederick E. WoodbridgeRepublicanYeaYeaYeaAbsentYeaYeaYeaYeaAbsentNayYea
data-sort-value="Woodward, George Washington" George Washington WoodwardDemocratNayNayNayNayNayNayNayNayNayAbsentAbsent
data-sort-value="z" colspan=16Notes:
Schuyler Colfax was serving as Speaker of the House. Per House rules, "the Speaker is not required to vote in ordinary legislative proceedings, except when such vote would be decisive or when the House is engaged in voting by ballot."

March 2, 1868

The House debated the proposed articles on March 1 and 2, 1868. On March 2, the House voted to ratify the nine articles of impeachment referred to it by the committee of seven. These articles were "strictly legalistic" and molded on criminal indictment. Eight concerned the violation of the Tenure of Office Act, while the ninth accused him of violating the Command of Army Act by pressuring General William H. Emory to ignore Acting Secretary of War Grant and instead take orders directly from Johnson.[40]

After a series of speeches during debate, Thaddeus Stevens took the floor to criticize the committee of seven for going too easy on Johnson,[40] declaring, Stevens argued that the articles put before the house had failed to address just how much Johnson had imperiled the governing structure of the United States.[40]

After Stevens delivered his remarks, which closed out debate, Boutwell brought forward revised articles, with the number of articles proposed by the committee being decreased from ten to nine. Benjamin Butler then submitted his own lengthy impeachment article, inspired by Stevens' request to him. Butlers' proposed article stated no clear violation of law, but instead charged Johnson with attempting, "to bring into disgrace, ridicule, hatred, contempt, and reproach the Congress of the United States."[40] The article was written in response to speeches that Johnson had made during his "Swing Around the Circle".[52] Butler's remarks on his impeachment resolution were very long, and this frustrated many, even including Stevens. The House quickly rejected Butler's article before approving all nine articles from the committee one by one.[40]

March 2, 1868, vote totals
Article introduced by Benjamin Butler
[53] 		PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea48
Nay74
First
article
[54] 		PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea0127000127
Nay40001142
Second
article
[55] 		PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea0124000124
Nay39001141
Third
article
PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea1123000124
Nay38001140
Fourth
article
[56] 		PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea1116000117
Nay39000140
Fifth
article
[57] 		PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea0127000127
Nay40001142
Sixth
article
[58] 		PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea0127000127
Nay40001142
Seventh
article
[59] 		PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea0127000127
Nay40001142
Eighth
article
[60] 		PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea0127000127
Nay40001142
Ninth
article
[61] 		PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea0108000108
Nay39001141

March 3, 1868

After the March 2 adoption of articles of impeachment, the House appointed the impeachment managers that would serve as prosecutors in the impeachment trial before the Senate. The following day, in hopes of strengthening the case that they would bring before the Senate, the impeachment managers requested that the House consider additional charges.[40] First, the managers reported the article previously proposed by Butler, which they reintroduced as the tenth article. It was approved.[40] [14] After this, an eleventh article drafted by Thaddeus Stevens and James F. Wilson was approved.[40] The eleventh article accused Johnson of violating his oath of office to "take care that the laws be faithfully executed" by declaring that the 39th United States Congress was unconstitutional because it only represented some of the United States (with unreconstructed states being excluded) and therefore lacked legislative powers or the power to propose amendments to the Constitution of the United States.[62]

March 3, 1868, vote totals
Tenth
article
[63] 		PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea08800088
Nay311201145
Eleventh
article
[64] 		PartyTotal votes
DemocraticRepublicanConservativeConservative RepublicanIndependent Republican
Yea0109000109
Nay30001132

Summary of the articles

Both the first eight articles and the eleventh article adopted in the House related to Johnson violating the Tenure of Office Act by attempting to dismiss Secretary of War Stanton. In addition, several of these articles also accused Johnson of violating other acts, and the eleventh article also accused Johnson of violating his oath of office.[40] [62] [65] The first article specifically alleged that Johnson's February 21, 1868, order to remove Stanton was made with intent to violate the Tenure of Office Act. The second and third articles argued that the appointment of Thomas as secretary of war ad interim was similarly done with intent to violate the Tenure of Office Act. The fourth, fifth, sixth, and seventh articles alleged conspiring between Johnson, Thomas, and others to oust Stanton. The sixth article also alleged a conspiracy to forcefully seize the property of the United States Department of War. The eighth article specifically alleged that the appointment of Thomas ad interim was with the intent of unlawfully controlling the property of the Department of War. The eleventh article effectively provided a restatement of the first nine articles.[66]

The ninth article focused on an accusation that Johnson had violated the Command of Army Act, a charge reiterated by the eleventh article. The tenth article charged Johnson with attempting, "to bring into disgrace, ridicule, hatred, contempt, and reproach the Congress of the United States", but did not cite a clear violation of the law.[40] [62] [65]

The eleven articles presented the following charges:

Trial

See main article: Impeachment trial of Andrew Johnson. The articles of impeachment were presented to the Senate by John Bingham on March 4, 1868.[21] [62] [68] As prescribed by the U.S. Constitution, chief justice of the United States Salmon P. Chase presided over the trial.[21] The extent of Chase's authority as presiding officer to render unilateral rulings was a frequent point of contention. Chase maintained that deciding certain procedural questions on his own was his prerogative, but the Senate challenged several of his rulings.[69]

The House appointed seven members to serve as House impeachment managers, equivalent to prosecutors: John Bingham, George S. Boutwell, Benjamin Butler, John A. Logan, Thaddeus Stevens, Thomas Williams, and James F. Wilson.[70] The president's defense team was made up of Benjamin Robbins Curtis, William M. Evarts, William S. Groesbeck, Thomas Amos Rogers Nelson, and Henry Stanbery. On the advice of counsel, the president did not appear at the trial.[21]

Proceedings

The Senate trial opened on March 4, 1868,[62] [21] and was conducted mostly in open session. The Senate chamber galleries were often filled to capacity. Public interest was so great that the Senate issued admission passes for the first time in its history. For each day of the trial, 1,000 color coded tickets were printed, granting admittance for a single day.[21] [71]

The impeachment managers argued that Johnson had explicitly violated the Tenure of Office Act by dismissing Stanton without the consent of the Senate. They contended that U.S. presidents were obligated to carry out and honor the laws passed by the United States Congress, regardless of whether they believed them to be constitutional, arguing that, otherwise, presidents would be allowed to regularly disobey the will of Congress (which they argued, as elected representatives, represented the will of the American people).[62]

The defense both questioned the criminality of the alleged offenses and raised doubts about Johnson's intent. One of the points made by the defense was that ambiguity existed in the Tenure of Office Act that left open a vagueness as to whether it was actually applicable to Johnson's firing of Stanton. They also argued that the Tenure of Office Act was unconstitutional, and that Johnson's intent in firing Stanton had been to test the constitutionality of the law before the Supreme Court of the United States (and that Johnson was entitled to do so). They further argued that, even if the law were constitutional, that presidents should not be removed from office for misconstruing their constitutional rights. They further argued that Johnson was acting in the interest of the necessity of keeping the Department of War functional by appointing Lorenzo Thomas as an interim officer, and that he had caused no public harm in doing so. They also argued that the Republican Party was using impeachment as a political tool. The defense asserted the view that presidents should not be removed from office by impeachment for political misdeeds, as this is what elections were meant for.[72] [73]

Verdict

The Senate was composed of 54 members representing 27 states (10 former Confederate states had not yet been readmitted to representation in the Senate) at the time of the trial. At its conclusion, senators voted on three of the articles of impeachment. On each occasion the vote was 35–19, with 35 senators voting guilty and 19 not guilty. As the constitutional threshold for a conviction in an impeachment trial is a two-thirds majority guilty vote, 36 votes in this instance, Johnson was not convicted. He remained in office through the end of his term on March 4, 1869, though without influence on public policy. All nine Senate Democrats voted against conviction.[74] Ten Republicans refused to support their party and voted against conviction.[75]

The first vote was taken on May 16 for the eleventh article. Prior to the vote, Samuel Pomeroy told Senator Ross that if Ross voted for acquittal that Ross would become the subject of an investigation for bribery.[76] Afterward, in hopes of persuading at least one senator who voted not guilty to change his vote, the Senate adjourned for 10 days before continuing voting on the other articles. During the hiatus, the House passed a resolution to launch an investigation by the impeachment managers of alleged "improper or corrupt means used to influence the determination of the Senate".[77] Despite the Radical Republican leadership's heavy-handed efforts to change the outcome, when votes were cast on May 26 for the second and third articles, the results were the same as the first. After this, the Senate voted to adjourn the trial sine die.[78]

After the trial, Butler conducted hearings on the widespread reports that Republican senators had been bribed to vote for Johnson's acquittal. In Butler's hearings, and in subsequent inquiries, there was increasing evidence that some acquittal votes were acquired by promises of patronage jobs and cash bribes. Political deals were struck as well. Grimes received assurances that acquittal would not be followed by presidential reprisals; Johnson agreed to enforce the Reconstruction Acts, and to appoint General John Schofield to succeed Stanton. Nonetheless, the investigations never resulted in charges, much less convictions, against anyone.[79]

Moreover, there is evidence that the prosecution attempted to bribe the senators voting for acquittal to switch their votes to conviction. Senator Fessenden was offered the ministership to Great Britain. Prosecutor Butler said, "Tell [Senator Ross] that if he wants money there is a bushel of it here to be had."[80] Butler's investigation also boomeranged when it was discovered that Senator Pomeroy, who voted for conviction, had written a letter to Johnson's postmaster general seeking a $40,000 bribe for Pomeroy's acquittal vote along with three or four others in his caucus.[81] Butler was himself told by Wade that Wade would appoint Butler as secretary of state when Wade assumed the presidency after a Johnson conviction.[82] An opinion that Senator Ross was mercilessly persecuted for his courageous vote to sustain the independence of the presidency as a branch of the federal government is the subject of an entire chapter in President John F. Kennedy's book, Profiles in Courage.[83] That opinion has been rejected by some scholars, such as Ralph Roske, and endorsed by others, such as Avery Craven.[84] [85]

None of the Republican senators who voted for acquittal ever again served in an elected office.[86] Although they were under intense pressure to change their votes to conviction during the trial, afterward public opinion rapidly shifted around to their viewpoint. Some senators who voted for conviction, such as John Sherman and even Charles Sumner, later changed their minds.[84] [87] [88]

Articles of Impeachment, U.S. Senate judgment
May 16, 1868
Article XI		PartyTotal votes
DemocraticRepublican
Yea (guilty)03535
Nay (not guilty)91019
May 26, 1868
Article II		PartyTotal votes
DemocraticRepublican
Yea (guilty)03535
Nay (not guilty)91019
May 26, 1868
Article III		PartyTotal votes
DemocraticRepublican
Yea (guilty)03535
Nay (Not guilty)91019
Detail of roll call
Senator Art. XI
vote 		Art. II
vote 		Art. III
vote
Yea Yea Yea
Nay Nay Nay
Nay Nay Nay
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Nay Nay Nay
Nay Nay Nay
Nay Nay Nay
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Nay Nay Nay
Nay Nay Nay
Yea Yea Yea
Nay Nay Nay
Yea Yea Yea
Nay Nay Nay
Nay Nay Nay
Yea Yea Yea
Yea Yea Yea
Nay Nay Nay
Nay Nay Nay
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Nay Nay Nay
Yea Yea Yea
Nay Nay Nay
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Nay Nay Nay
Nay Nay Nay
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Nay Nay Nay
Nay Nay Nay
Nay Nay Nay
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea
Yea Yea Yea

Later analysis of Johnson's impeachment

In 1887, the Tenure of Office Act was repealed by Congress, and subsequent rulings by the United States Supreme Court seemed to support Johnson's position that he was entitled to fire Stanton without congressional approval. The Supreme Court's ruling on a similar piece of later legislation in Myers v. United States (1926) affirmed the ability of the president to remove a postmaster without congressional approval, and the dictum of the majority opinion stated, "that the Tenure of Office Act of 1867...was invalid".[89]

Lyman Trumbull of Illinois (one of the ten Republican senators whose refusal to vote for conviction prevented Johnson's removal from office) noted in his speech explaining his vote for acquittal, that, had Johnson been convicted, the main source of the American presidency's political power (the freedom for a president to disagree with the Congress without consequences) would have been destroyed, as would Constitution's system of checks and balances.[90] Indeed, the impeachment and trial of Andrew Johnson had long-lasting effects on the separation of powers. It established the rule that Congress should not remove the president due to a conflict over the structure of their administration. It also resulted in diminished presidential influence on public policy and overall governing power, fostering a system of governance which future-President Woodrow Wilson referred to in the 1880s as "Congressional Government".[91]

See also

Further reading

External links

Notes and References

  1. Web site: Abraham Lincoln: Domestic Affairs. Burlingame. Michael. October 4, 2016. Miller Center of Public Affairs, University of Virginia. Charlottesville. April 14, 2018.
  2. Keith Whittington. Whittington. Keith E.. Bill Clinton Was No Andrew Johnson: Comparing Two Impeachments. Journal of Constitutional Law. 2. 2. University of Pennsylvania. Philadelphia. 422–465. March 2000. September 24, 2021.
  3. Book: Reconstruction: People and Perspectives. Campbell. James M.. Fraser. Rebecca J.. xv. ABC-CLIO. Santa Barbara, California. 2008. 978-1-59884-021-6. May 10, 2018. January 28, 2020. https://web.archive.org/web/20200128151738/https://books.google.com/books?id=wGmD0Zl27GIC&pg=PR15. live.
  4. Book: Trefousse, Hans L.. Andrew Johnson: A Biography. W. W. Norton & Company. New York City. 1989. 978-0-393-31742-8. 193–213.
  5. Web site: Andrew Johnson – Key Events. October 7, 2016. Miller Center of Public Affairs, University of Virginia. Charlottesville, Virginia. May 8, 2018.
  6. Book: Trefousse, Hans L.. Andrew Johnson: A Biography. W. W. Norton & Company. New York City. 1989. 978-0-393-31742-8. 234–254.
  7. Book: The American Spirit: U.S. History as Seen by Contemporaries, Volume II: Since 1865. Twelfth. Kennedy. David M.. Bailey. Thomas. 17–19. Cengage Learning. 2009. 978-0-495-80002-6.
  8. Book: Hacker, Jeffrey H.. Slavery, War, and a New Birth of Freedom: 1840s–1877. revised. Taylor & Francis. 2014. 978-0-7656-8324-3. 144. October 26, 2020. January 14, 2021. https://web.archive.org/web/20210114193012/https://books.google.com/books?id=KzWLBQAAQBAJ&q=Fourteenth+Amendment.&pg=PA144. live.
  9. Book: Wineapple . Brenda . The impeachers : The Trial of Andrew Johnson and The Dream of a Just Nation . Twelve: Tenure of Office . 2019 . New York . 9780812998368 . 1st.
  10. Web site: Building the Case for Impeachment, December 1866 to June 1867 US House of Representatives: History, Art & Archives . history.house.gov . United States House of Representatives . March 2, 2021 . en.
  11. Web site: Impeachment Efforts Against President Andrew Johnson US House of Representatives: History, Art & Archives . history.house.gov . United States House of Representatives . March 2, 2021 . en.
  12. Web site: Impeachment Rejected, November to December 1867 US House of Representatives: History, Art & Archives . history.house.gov . United States House of Representatives . March 2, 2021 . en.
  13. Web site: The Case for Impeachment, December 1867 US House of Representatives: History, Art & Archives . history.house.gov . United States House of Representatives . March 2, 2021 . en.
  14. Web site: Hinds . Asher C. . Hinds' Precedents of the House of Representatives of the United States Including References to Provisions of the Constitution, the Laws, and Decisions of the United States Senate . United States Congress . March 2, 2021 . 845–851, 860 . March 4, 1907.
  15. Web site: Journal of the United States House of Representatives (40th Congress, second session) pp. 259–262 . voteview.com . United States House of Representatives . March 16, 2022 . 1868.
  16. Web site: The Capital . Philadelphia Inquirer . Newspapers.com . July 22, 2022 . en . subscription . February 10, 1868.
  17. Web site: Washington . Newspapers.com . Chicago Evening Post . July 22, 2022 . en . subscription . February 13, 1868.
  18. Web site: Staunton Spectator Tuesday, February 18, 1868 . Staunton Spectator . Newspapers.com . July 22, 2022 . en . subscription . February 18, 1868.
  19. Book: Chernow, Ron . Ron Chernow . Grant . Penguin Press . New York . 2017 . 978-1-5942-0487-6 . 594.
  20. Book: Trefousse, Hans L.. Andrew Johnson: A Biography. W.W. Norton & Company. New York . 1989. 978-0-393-31742-8. 275–299.
  21. Web site: The Impeachment of Andrew Johnson (1868) President of the United States. Historical Office, United States Senate. Washington, D.C.. April 13, 2018. October 4, 2019. https://web.archive.org/web/20191004083458/https://www.senate.gov/artandhistory/history/common/briefing/Impeachment_Johnson.htm. live.
  22. Book: United States. United States statutes at large.. Sanger. George P.. Minot. George. Peters. Richard. 1845. U.S. G.P.O.. Bluebook citation:Stat.. Washington.
  23. Web site: The Tenure of Office Act of 1867 . April 1, 2006 . April 27, 2006 . https://web.archive.org/web/20060427102956/http://www.law.umkc.edu/faculty/projects/ftrials/impeach/imp_tenure.html . dead .
  24. Book: Burg, Robert. Chronology of the U.S. Presidency [4 volumes]]. Manweller. Mathew. ABC-CLIO. 2012. 978-1-59884-645-4. 545. October 26, 2020. January 14, 2021. https://web.archive.org/web/20210114192852/https://books.google.com/books?id=yM7E2G0tAiwC&q=August+5%2C+1867%2C&pg=PA545. live.
  25. Book: White, Ronald C. . American Ulysses: A Life of Ulysses S. Grant . Ronald C. White. Random House Publishing Group . 2016 . 978-1-5883-6992-5 . 453.
  26. Book: Chernow, Ron . Ron Chernow . Grant . Penguin Press . New York . 2017 . 978-1-5942-0487-6 . 603.
  27. Book: White, Ronald C. . American Ulysses: A Life of Ulysses S. Grant . Ronald C. White. Random House Publishing Group . 2016 . 978-1-5883-6992-5 . 454–455.
  28. Book: Marvel, William. Lincoln's Autocrat: The Life of Edwin Stanton. University of North Carolina Press. 2015. 978-1-46962249-1. 437. October 26, 2020. January 14, 2021. https://web.archive.org/web/20210114192954/https://books.google.com/books?id=UD14BgAAQBAJ&q=impeachment&pg=PR4. live.
  29. Benedict. Michael Les. A New Look at the Impeachment of Andrew Johnson. Political Science Quarterly. 113. 3. Academy of Political Science. Fall 1998. 10.2307/2658078. 2658078. April 27, 2018.
  30. Book: Trefousse, Hans L.. Andrew Johnson: A Biography. W. W. Norton & Company. New York . 1989. 978-0-393-31742-8. 306-314.
  31. Book: Marvel, William. Lincoln's Autocrat: The Life of Edwin Stanton. University of North Carolina Press. 2015. 978-1-46962249-1. 443. October 26, 2020. January 14, 2021. https://web.archive.org/web/20210114193006/https://books.google.com/books?id=UD14BgAAQBAJ&q=impeachment&pg=PR4. live.
  32. Rehnquist, p. 217
  33. Web site: The News . Newspapers.com . Public Ledger. July 22, 2022 . en . subscription . February 22, 1868.
  34. Rehnquist, p. 216
  35. Web site: By Telegraph . Newspapers.com . The Charleston Daily News . July 22, 2022 . en . subscription . February 24, 1868.
  36. Web site: Latest New By Telegraph . Newspapers.com . The Daily Evening Express . July 22, 2022 . en . subscription . February 22, 1868.
  37. Web site: Impeachment . Newspapers.com . Harrisburg Telegraph . July 22, 2022 . en . subscription . February 22, 1868.
  38. Web site: Scene in the House – Apathy of the Members A Race for the Wires – Energy of the Reporters The Last Speech on Impeachment – Thaddeus Stevens Closing the Debate in the House US House of Representatives: History, Art & Archives . history.house.gov . August 6, 2022 . en.
  39. Web site: Republican Caucus . Newspapers.com . Chicago Tribune . March 28, 2022 . en . subscription . March 2, 1868.
  40. Web site: The House Impeaches Andrew Johnson. Office of the Historian and the Clerk of the House's Office of Art and Archives. Washington, D.C.. January 13, 2021.
  41. Web site: 40th Congress (1867–1869) > Representatives . voteview.com . March 16, 2022.
  42. Web site: Cong. Globe, 40th Cong., 2nd Sess. 1400 (1868). A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875. Library of Congress. Washington, D.C.. December 21, 2019. January 14, 2021. https://web.archive.org/web/20210114192849/https://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=080%2Fllcg080.db&recNum=379. live.
  43. Web site: Journal of the United States House of Representatives (40th Congress, Second Session) pages 392 and 393 . voteview.com . United States House of Representatives.
  44. Web site: Appendix: Vote Tallies on the Articles of Impeachment against Andrew Johnson US House of Representatives: History, Art & Archives . history.house.gov . March 24, 2022 . en.
  45. Web site: Rules of the House of Representatives, with Notes and Annotations . govinfo.gov.
  46. Web site: Journal of the United States House of Representatives (40th Congress, second session) pp. 393–397 . voteview.com . United States House of Representatives . March 16, 2022 . 1868.
  47. Web site: Journal of the United States House of Representatives (40th Congress, second session) p. 405 . voteview.com . United States House of Representatives . March 16, 2022 . 1868.
  48. Web site: Journal of the United States House of Representatives (40th Congress, second session) pp. 407–408 . voteview.com . United States House of Representatives . March 16, 2022 . 1868.
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