Impeachment of Andrew Johnson
AJohnsonimpeach.jpg
Copy of the House resolution to impeach President Johnson, adopted February 24, 1868
AccusedAndrew Johnson (president of the United States)
DateFebruary 24, 1868 (1868-02-24) to May 26, 1868 (1868-05-26)
OutcomeAcquitted by the U.S. Senate, remained in office
ChargesEleven high crimes and misdemeanors
CauseViolating the Tenure of Office Act by attempting to replace Edwin Stanton, the secretary of war, while Congress was not in session and other abuses of presidential power
Key congressional votes
AccusationHigh crimes and misdemeanors
Votes in favor126
Votes against47
ResultApproved resolution of impeachment
Voting in the U.S. Senate
AccusationArticle XI
Votes in favor35 "guilty"
Votes against19 "not guilty"
ResultAcquitted (36 "guilty" votes necessary for a conviction)
AccusationArticle II
Votes in favor35 "guilty"
Votes against19 "not guilty"
ResultAcquitted (36 "guilty" votes necessary for a conviction)
AccusationArticle III
Votes in favor35 "guilty"
Votes against19 "not guilty"
ResultAcquitted (36 "guilty" votes necessary for a conviction)
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 resolved to impeach Andrew Johnson, the 17th president of the United States, for "high crimes and misdemeanors", which were detailed in 11 articles of impeachment. The primary charge against Johnson was that he had violated the Tenure of Office Act, passed by Congress in March 1867 over Johnson's veto. Specifically, he had removed from office Edwin Stanton, the secretary of war, whom the act was largely designed to protect. Stanton often sided with the Radical Republican faction that passed the act, and Stanton did not have a good relationship with Johnson. Johnson attempted to replace Stanton with Brevet Major General Lorenzo Thomas. Earlier, while the Congress was not in session, Johnson had suspended Stanton and appointed General Ulysses S. Grant as secretary of war ad interim.

Johnson was the first United States president to be impeached. On March 2–3, 1868, the House formally adopted the articles of impeachment and forwarded them to the United States Senate for adjudication. The trial in the Senate began on March 5, with Chief Justice Salmon P. Chase presiding. On May 16, the Senate did not convict Johnson on one of the articles, with the 35–19 vote in favor of conviction falling one vote short of the necessary two-thirds majority. A 10-day recess was called before attempting to convict him on additional articles. On May 26, the Senate did not convict the president on two articles, both by the same margin, after which the trial was adjourned without considering 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

President Andrew Johnson
President Andrew Johnson

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][8] 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.[6][2][9]

Previous efforts to impeach Johnson

Main article: Efforts to impeach Andrew Johnson

First inquiry

Main article: First impeachment inquiry against Andrew Johnson

Since 1866, a number of previous efforts had been undertaken to impeach Johnson. On January 7, 1867, this resulted in the House of Representatives voting to launch of an impeachment inquiry 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.[10] Many Republicans felt safe in the belief that any impeachment resolution would die a quiet death in the Judiciary Committee.[11] 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.[12][13][14]

Launch of a second inquiry

Main article: Second impeachment inquiry against 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.[15][16] The motion to consider the resolution was agreed to by a vote of 103–37,[15][16] and the House voted to approve the resolution by a vote of 99–31.[15][16] No Democrats voted for the resolution, while the only Republicans who cast votes against it were Elihu B. Washburne and William Windom.[16][17] 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.[18][19]

Despite Thadeus Stevens being the chair of the committee,[20] 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 of members (three republicans and two Democrats) that had voted against it.[21] 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.[19][22][23]

Tenure of Office Act

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.[24] 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.[25][26]

Johnson's Suspension of Secretary of War Stanton

"The Situation", a Harper's Weekly editorial cartoon shows Secretary of War Stanton aiming a cannon labeled "Congress" to defeat Johnson. The rammer is "Tenure of Office Bill" and cannonballs on the floor are "Justice".
"The Situation", a Harper's Weekly editorial cartoon shows Secretary of War Stanton aiming a cannon labeled "Congress" to defeat Johnson. The rammer is "Tenure of Office Bill" and cannonballs on the floor are "Justice".

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.[27] 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.[28] 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, interim secretary of war.[29] 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. Johnson assured Grant that he would assume all responsibility in the matter, and asked him to delay his resignation until a suitable replacement could be found.[26] Contrary to Johnson's belief that Grant had agreed to remain in office,[30] when the Senate voted and reinstated Stanton in January 1868, Grant immediately resigned, before the president had an opportunity to appoint a replacement.[31] 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.[29][32]

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.[33] 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.[34] On February 21, 1868, the president appointed Lorenzo Thomas, a brevet major general in the Army, as interim secretary of war. 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. He also informed Speaker of the House Schuyler Colfax and President Pro Tempore of the Senate Benjamin Wade of the situation.[35] 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.[36]

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:

Sir, the bloody and untilled fields of the ten unreconstructed states, the unsheeted ghosts of the two thousand murdered negroes in Texas, cry, if the dead ever evoke vengeance, for the punishment of Andrew Johnson.[37][38]

Passage of the impeachment resolution

Committee approval of the resolution

John Covode's single sentence impeachment resolution, presented on February 21, 1868
John Covode's single sentence impeachment resolution, presented on February 21, 1868

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.[15] Soon after, a one sentence resolution to impeach Johnson, written by John Covode, was presented to the House. The resolution read,

Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors.[39][40][41][42]

News reports stated that the introduction of this resolution was met with audible laughter by Democratic members of the House.[43] George S. Boutwell made a successful motion to refer the resolution to the Select Committee on Reconstruction.[42][20] 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.[44][45] The amended resolution read,

Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors in office.[46]

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.[15][20][46][47] The impeachment resolution was debated at length on both February 22 and February 24.[15] During the debate on the resolution, Republican members of the House Select Committee on Reconstruction argued that Johnson's effort to dismiss Stanton appoint Thomas ad interim was a specific violation of the Tenure of Office Act.[15]

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.[15] 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,[15] declaring that,

The considerations which weighed upon my mind and molded my conduct in the case with which the Committee on the Judiciary of this House was charged are not to be found in the present case.[15]

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 proceeded to commit an act that was clear impeachable conduct,[15] declaring,

He mistook our judgment for cowardice, and worked on until he has presented to us, as a sequence, a high misdemeanor known to the law and defined by statute.[15]

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.[15] Before the resolution would be voted on by the House, Stevens remarked,

This is not to be the temporary triumph of a political party, but is to endure in its consequence until this whole continent shall be filled with a free and untrammeled people or shall be a nest of shrinking, cowardly slaves.[37][18][15]

Vote

The resolution was put to a vote on February 24, 1868, three days after Johnson's dismissal of 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,[37][20][18] [48] This marked the first time that a president of the United States had been impeached.[18] 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).[18][49][48][50] The office of the Historian of the United States House of Representatives uses the Congressional Globe tally on its website,[50] and, therefore, this article also uses that tally.

Almost all of the 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 Steward had caucused with the Republicans.[51] Every Democrat present voted against impeachment.[18] Fifteen Republicans and one Democrat were absent for the vote.[17][49] Speaker Schuyler Colfax, a Republican, 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.[17][49][52]

All of the 126 votes in favor of impeachment came from members of the Republican caucus (125 came from members of the Republican Party members and one came 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 indpendent Republican Fenton Cary.[17][49]

Resolution providing for the impeachment of
Andrew Johnson, President of the United States
[17][48][18][49][50]
February 24, 1868 Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea checkY 000 125 000 000 001 126
Nay 044 000 001 001 001 047
Comparative bar chart
Vote Vote total
"Yea" votes
126
"Nay" votes
47
Absent/not voting
17
Votes by member[17][49]
District Member Party Vote
Kentucky 8 George Madison Adams Democrat Nay
Iowa 3 William B. Allison Republican Yea
Massachusetts 2 Oakes Ames Republican Yea
Missouri 9 George Washington Anderson Republican Yea
Maryland 2 Stevenson Archer Democrat Nay
Tennessee 6 Samuel Mayes Arnell Republican Yea
Nevada at-large Delos R. Ashley Republican Yea
Ohio 10 James Mitchell Ashley Republican Yea
California 1 Samuel Beach Axtell Democrat Nay
New York 21 Alexander H. Bailey Republican Yea
Illinois 12 Jehu Baker Republican Yea
Massachusetts 8 John Denison Baldwin Republican Yea
Massachusetts 6 Nathaniel P. Banks Republican Yea
New York 2 Demas Barnes Democrat Nay
Connecticut 4 William Henry Barnum Democrat Nay
Michigan 1 Fernando C. Beaman Republican Yea
Ohio 8 John Beatty Republican Yea
Kentucky 7 James B. Beck Democrat Nay
Missouri 8 John F. Benjamin Republican Absent
New Hampshire 3 Jacob Benton Republican Yea
Ohio 16 John Bingham Republican Yea
Maine 3 James G. Blaine Republican Yea
Michigan 3 Austin Blair Republican Yea
Massachusetts 7 George S. Boutwell Republican Yea
Pennsylvania 6 Benjamin Markley Boyer Democrat Nay
Illinois 7 Henry P. H. Bromwell Republican Yea
New York 8 James Brooks Democrat Nay
Pennsylvania 7 John Martin Broomall Republican Yea
Ohio 9 Ralph Pomeroy Buckland Republican Yea
Illinois 10 Albert G. Burr Democrat Nay
Massachusetts 5 Benjamin Butler Republican Yea
Pennsylvania 10 Henry L. Cake Republican Yea
Ohio 2 Samuel Fenton Cary Independent Republican Nay
New York 7 John Winthrop Chanler Democrat Nay
New York 22 John C. Churchill Republican Yea
Ohio 6 Reader W. Clarke Republican Yea
Kansas at-large Sidney Clarke Republican Yea
Wisconsin 3 Amasa Cobb Republican Yea
Indiana 6 John Coburn Republican Yea
Indiana 9 Schuyler Colfax Republican Did not vote (speaker)α
Illinois 6 Burton C. Cook Republican Yea
New York 13 Thomas Cornell Republican Yea
Pennsylvania 21 John Covode Republican Yea
Illinois 8 Shelby Moore Cullom Republican Yea
Massachusetts 10 Henry L. Dawes Republican Yea
Rhode Island 2 Nathan F. Dixon II Republican Absent
Iowa 5 Grenville M. Dodge Republican Yea
Minnesota 2 Ignatius L. Donnelly Republican Absent
Michigan 6 John F. Driggs Republican Yea
Ohio 17 Ephraim R. Eckley Republican Yea
Ohio 1 Benjamin Eggleston Republican Yea
New Hampshire 1 Jacob Hart Ela Republican Absent
Wisconsin 4 Charles A. Eldredge Democrat Nay
Massachusetts 1 Thomas D. Eliot Republican Yea
Illinois 2 John F. Farnsworth Republican Yea
New York 16 Orange Ferriss Republican Yea
Michigan 4 Thomas W. Ferry Republican Yea
New York 19 William C. Fields Republican Yea
Pennsylvania 20 Darwin Abel Finney Republican Absent
New York 4 John Fox Democrat Nay
Ohio 19 James A. Garfield Republican Absent
Pennsylvania 8 James Lawrence Getz Democrat Nay
Pennsylvania 15 Adam John Glossbrenner Democrat Nay
Kentucky 3 Jacob Golladay Democrat Nay
Missouri 4 Joseph J. Gravely Republican Yea
New York 15 John Augustus Griswold Republican Yea
Kentucky 5 Asa Grover Democrat Nay
New Jersey 2 Charles Haight Democrat Nay
New Jersey 5 George A. Halsey Republican Yea
Illinois 4 Abner C. Harding Republican Yea
Tennessee 7 Isaac Roberts Hawkins Republican Absent
California 2 William Higby Republican Yea
New Jersey 4 John Hill Republican Yea
Indiana 4 William S. Holman Democrat Nay
Massachusetts 4 Samuel Hooper Republican Yea
Wisconsin 2 Benjamin F. Hopkins Republican Yea
Connecticut 2 Julius Hotchkiss Democrat Nay
Iowa 6 Asahel W. Hubbard Republican Yea
West Virginia 1 Chester D. Hubbard Republican Yea
Connecticut 1 Richard D. Hubbard Democrat Nay
New York 17 Calvin T. Hulburd Republican Yea
New York 30 James M. Humphrey Democrat Nay
Indiana 3 Morton C. Hunter Republican Yea
Illinois 5 Ebon C. Ingersoll Republican Yea
Rhode Island 1 Thomas Jenckes Republican Yea
California 3 James A. Johnson Democrat Nay
Kentucky 6 Thomas Laurens Jones Democrat Nay
Illinois 1 Norman B. Judd Republican Yea
Indiana 5 George Washington Julian Republican Yea
Pennsylvania 4 William D. Kelley Republican Yea
New York 25 William H. Kelsey Republican Yea
Indiana 2 Michael C. Kerr Democrat Nay
New York 12 John H. Ketcham Republican Yea
West Virginia 2 Bethuel Kitchen Republican Yea
Kentucky 4 J. Proctor Knott Democrat Nay
Pennsylvania 16 William Henry Koontz Republican Absent
New York 20 Addison H. Laflin Republican Yea
Pennsylvania 24 George Van Eman Lawrence Republican Yea
Ohio 4 William Lawrence Republican Yea
Missouri 7 Benjamin F. Loan Republican Yea
New York 26 William S. Lincoln Republican Yea
Illinois at-large John A. Logan Republican Yea
Iowa 4 William Loughridge Republican Yea
Maine 1 John Lynch Republican Yea
Oregon at-large Rufus Mallory Republican Yea
Illinois 11 Samuel S. Marshall Democrat Nay
New York 18 James M. Marvin Republican Yea
Tennessee 2 Horace Maynard Republican Absent
New York 23 Dennis McCarthy Republican Yea
Missouri 5 Joseph W. McClurg Republican Yea
Missouri 3 James Robinson McCormick Democrat Nay
Maryland 1 Hiram McCullough Democrat Nay
Pennsylvania 13 Ulysses Mercur Republican Yea
Pennsylvania 14 George Funston Miller Republican Yea
New Jersey 1 William Moore Republican Yea
Pennsylvania 22 James K. Moorhead Republican Yea
Ohio 13 George W. Morgan Democrat Nay
Pennsylvania 17 Daniel Johnson Morrell Republican Yea
New York 5 John Morrissey Democrat Nay
Tennessee 4 James Mullins Republican Yea
Ohio 5 William Mungen Democrat Nay
Pennsylvania 3 Leonard Myers Republican Yea
Missouri 2 Carman A. Newcomb Republican Yea
Indiana 1 William E. Niblack Democrat Nay
Delaware at-large John A. Nicholson Democrat Nay
Tennessee 8 David Alexander Nunn Republican Yea
Pennsylvania 2 Charles O'Neill Republican Yea
Indiana 8 Godlove Stein Orth Republican Yea
Wisconsin 1 Halbert E. Paine Republican Yea
Maine 2 Sidney Perham Republican Yea
Maine 4 John A. Peters Republican Yea
Maryland 3 Charles E. Phelps Conservative Nay
Maine 5 Frederick Augustus Pike Republican Yea
Missouri 1 William A. Pile Republican Yea
Ohio 15 Tobias A. Plants Republican Yea
Vermont 2 Luke P. Poland Republican Yea
West Virginia 3 Daniel Polsley Republican Yea
New York 24 Theodore M. Pomeroy Republican Absent
Iowa 2 Hiram Price Republican Yea
New York 14 John V. L. Pruyn Democrat Nay
Pennsylvania 1 Samuel J. Randall Democrat Nay
Illinois 13 Green Berry Raum Republican Yea
New York 10 William H. Robertson Republican Yea
New York 3 William Erigena Robinson Democrat Absent
Illinois 9 Lewis W. Ross Democrat Nay
Wisconsin 5 Philetus Sawyer Republican Yea
Ohio 3 Robert C. Schenck Republican Yea
Pennsylvania 19 Glenni William Scofield Republican Yea
New York 28 Lewis Selye Independent Republican Yea
Indiana 11 John P. C. Shanks Republican Yea
Ohio 7 Samuel Shellabarger Republican Yea
New Jersey 3 Charles Sitgreaves Democrat Nay
Vermont 3 Worthington Curtis Smith Republican Yea
Ohio 18 Rufus P. Spalding Republican Yea
Connecticut 3 Henry H. Starkweather Republican Yea
New Hampshire 2 Aaron Fletcher Stevens Republican Yea
Pennsylvania 9 Thaddeus Stevens Republican Yea
New York 6 Thomas E. Stewart Conservative Republican Nay
Tennessee 3 William Brickly Stokes Republican Yea
Maryland 5 Frederick Stone Democrat Nay
New York 1 Stephen Taber Democrat Nay
Nebraska at-large John Taffe Republican Yea
Pennsylvania 5 Caleb Newbold Taylor Republican Yea
Maryland 4 Francis Thomas Republican Absent
Tennessee 5 John Trimble Republican Absent
Kentucky 1 Lawrence S. Trimble Democrat Nay
Michigan 5 Rowland E. Trowbridge Republican Yea
Massachusetts 3 Ginery Twichell Republican Yea
Michigan 2 Charles Upson Republican Yea
New York 31 Henry Van Aernam Republican Yea
Pennsylvania 11 Daniel Myers Van Auken Democrat Nay
New York 29 Burt Van Horn Republican Yea
Missouri 6 Robert T. Van Horn Republican Absent
Ohio 12 Philadelph Van Trump Democrat Nay
New York 11 Charles Van Wyck Republican Yea
New York 27 Hamilton Ward Republican Yea
Wisconsin 6 Cadwallader C. Washburn Republican Yea
Indiana 7 Henry D. Washburn Republican Absent
Massachusetts 9 William B. Washburn Republican Yea
Illinois 3 Elihu B. Washburne Republican Yea
Ohio 14 Martin Welker Republican Yea
Pennsylvania 23 Thomas Williams Republican Yea
Indiana 10 William Williams Republican Absent
Iowa 1 James F. Wilson Republican Yea
Ohio 11 John Thomas Wilson Republican Yea
Pennsylvania 18 Stephen Fowler Wilson Republican Yea
Minnesota 1 William Windom Republican Yea
New York 9 Fernando Wood Democrat Nay
Vermont 1 Frederick E. Woodbridge Republican Yea
Pennsylvania 12 George Washington Woodward Democrat Nay
Notes:
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."[52]

Adoption of the articles of impeachment

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.[18]

Drafting of the articles

Illustration of the seven-member committee meeting to draft the articles of impeachment. From left to right: Thaddeus Stevens, James F. Wilson, Hamilton Ward (back of head), John A. Logan, George S. Boutwell, George Washington Julian, John Bingham
Illustration of the seven-member committee meeting to draft the articles of impeachment. From left to right: Thaddeus Stevens, James F. Wilson, Hamilton Ward (back of head), John A. Logan, George S. Boutwell, George Washington Julian, John Bingham

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 caucus voted against it, while no members of the Democratic Party voted for it.[17][53] 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.[18]

Illustration of Thaddeus Stevens and John Bingham notifying the Senate bar of the impeachment on February 25, 1868
Illustration of Thaddeus Stevens and John Bingham notifying the Senate bar of the impeachment on February 25, 1868

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.[54][55] Later that day, Stevens reported to the House that the committee had gone before the bar of the Senate on behalf of the House.[56] 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.[57] 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.[58]

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.[18]

The committee of seven initially delivered nine proposed articles of impeachment to the House on February 29, 1868.[18]

Votes on the articles

One week after it voted to impeach Johnson, the House adopted 11 articles of impeachment against the president.[20] 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).[17][50][59][60] 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).[17][61][62][63]

Votes by member[17][61][62][64]
District Member Party Votes on articles
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th
Kentucky 8 George Madison Adams Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Iowa 3 William B. Allison Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Massachusetts 2 Oakes Ames Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Missouri 9 George Washington Anderson Republican Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent Absent
Maryland 2 Stevenson Archer Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Tennessee 6 Samuel Mayes Arnell Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent
Nevada at-large Delos R. Ashley Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Nay Yea
Ohio 10 James Mitchell Ashley Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
California 1 Samuel Beach Axtell Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Absent Absent
New York 21 Alexander H. Bailey Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent
Illinois 12 Jehu Baker Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Massachusetts 8 John Denison Baldwin Republican Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea Yea
Massachusetts 6 Nathaniel P. Banks Republican Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea Yea
New York 2 Demas Barnes Democrat Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Connecticut 4 William Henry Barnum Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Michigan 1 Fernando C. Beaman Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Ohio 8 John Beatty Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Kentucky 7 James B. Beck Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Missouri 8 John F. Benjamin Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
New Hampshire 3 Jacob Benton Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent
Ohio 16 John Bingham Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Maine 3 James G. Blaine Republican Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea Yea
Michigan 3 Austin Blair Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Massachusetts 7 George S. Boutwell Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Pennsylvania 6 Benjamin Markley Boyer Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Absent Absent
Illinois 7 Henry P. H. Bromwell Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent
New York 8 James Brooks Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Pennsylvania 7 John Martin Broomall Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Ohio 9 Ralph Pomeroy Buckland Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent
Illinois 10 Albert G. Burr Democrat Nay Nay Nay Nay Nay Nay Nay Nay Absent Nay Nay
Massachusetts 5 Benjamin Butler Republican Yea Yea Yea Absent Yea Yea Yea Yea Yea Yea Yea
Pennsylvania 10 Henry L. Cake Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Ohio 2 Samuel Fenton Cary Independent Republican Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
New York 7 John Winthrop Chanler Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Absent Absent
New York 22 John C. Churchill Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Ohio 6 Reader W. Clarke Republican Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea Yea
Kansas at-large Sidney Clarke Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Wisconsin 3 Amasa Cobb Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Indiana 6 John Coburn Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Nay Yea
Indiana 9 Schuyler Colfax Republican Did not vote (speaker)α
Illinois 6 Burton C. Cook Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 13 Thomas Cornell Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea
Pennsylvania 21 John Covode Republican Yea Absent Yea Yea Yea Yea Yea Yea Yea Absent Absent
Illinois 8 Shelby Moore Cullom Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Massachusetts 10 Henry L. Dawes Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent
Rhode Island 2 Nathan F. Dixon II Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea
Iowa 5 Grenville M. Dodge Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent
Minnesota 2 Ignatius L. Donnelly Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Michigan 6 John F. Driggs Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Ohio 17 Ephraim R. Eckley Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Ohio 1 Benjamin Eggleston Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New Hampshire 1 Jacob Hart Ela Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Wisconsin 4 Charles A. Eldredge Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Absent
Massachusetts 1 Thomas D. Eliot Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Illinois 2 John F. Farnsworth Republican Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea Yea
New York 16 Orange Ferriss Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Michigan 4 Thomas W. Ferry Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 19 William C. Fields Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent
Pennsylvania 20 Darwin Abel Finney Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
New York 4 John Fox Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Absent Absent
Ohio 19 James A. Garfield Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Pennsylvania 8 James Lawrence Getz Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Absent Nay
Pennsylvania 15 Adam John Glossbrenner Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Absent Absent
Kentucky 3 Jacob Golladay Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Missouri 4 Joseph J. Gravely Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 15 John Augustus Griswold Republican Yea Yea Yea Yea Yea Yea Yea Yea Absent Nay Yea
Kentucky 5 Asa Grover Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
New Jersey 2 Charles Haight Democrat Nay Nay Nay Yea Nay Nay Nay Nay Nay Nay Nay
New Jersey 5 George A. Halsey Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Illinois 4 Abner C. Harding Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Tennessee 7 Isaac Roberts Hawkins Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
California 2 William Higby Republican Yea Yea Yea Absent Yea Yea Yea Yea Absent Yea Yea
New Jersey 4 John Hill Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Indiana 4 William S. Holman Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Massachusetts 4 Samuel Hooper Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Wisconsin 2 Benjamin F. Hopkins Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Connecticut 2 Julius Hotchkiss Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Iowa 6 Asahel W. Hubbard Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
West Virginia 1 Chester D. Hubbard Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Connecticut 1 Richard D. Hubbard Democrat Absent Absent Nay Nay Absent Absent Absent Absent Nay Absent Absent
New York 17 Calvin T. Hulburd Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 30 James M. Humphrey Democrat Nay Nay Nay Absent Nay Nay Nay Nay Nay Nay Nay
Indiana 3 Morton C. Hunter Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Illinois 5 Ebon C. Ingersoll Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Rhode Island 1 Thomas Jenckes Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea
California 3 James A. Johnson Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Kentucky 6 Thomas Laurens Jones Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Illinois 1 Norman B. Judd Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Indiana 5 George Washington Julian Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Pennsylvania 4 William D. Kelley Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 25 William H. Kelsey Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Indiana 2 Michael C. Kerr Democrat Nay Absent Nay Nay Nay Nay Nay Nay Nay Nay Nay
New York 12 John H. Ketcham Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea
West Virginia 2 Bethuel Kitchen Republican Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea Yea
Kentucky 4 J. Proctor Knott Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Pennsylvania 16 William Henry Koontz Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 20 Addison H. Laflin Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Nay Yea
Pennsylvania 24 George Van Eman Lawrence Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Ohio 4 William Lawrence Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Missouri 7 Benjamin F. Loan Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 26 William S. Lincoln Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Illinois at-large John A. Logan Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Iowa 4 William Loughridge Republican Yea Absent Yea Absent Yea Yea Yea Yea Absent Yea Yea
Maine 1 John Lynch Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Oregon at-large Rufus Mallory Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Nay Yea
Illinois 11 Samuel S. Marshall Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
New York 18 James M. Marvin Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Nay Yea
Tennessee 2 Horace Maynard Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 23 Dennis McCarthy Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Missouri 5 Joseph W. McClurg Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Missouri 3 James Robinson McCormick Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Maryland 1 Hiram McCullough Democrat Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Pennsylvania 13 Ulysses Mercur Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Pennsylvania 14 George Funston Miller Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New Jersey 1 William Moore Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Pennsylvania 22 James K. Moorhead Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Ohio 13 George W. Morgan Democrat Nay Nay Yea Nay Nay Nay Nay Nay Nay Nay Nay
Pennsylvania 17 Daniel Johnson Morrell Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 5 John Morrissey Democrat Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Tennessee 4 James Mullins Republican Yea Absent Yea Yea Yea Yea Yea Yea Yea Absent Absent
Ohio 5 William Mungen Democrat Nay Nay Absent Nay Nay Nay Nay Nay Nay Nay Nay
Pennsylvania 3 Leonard Myers Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Missouri 2 Carman A. Newcomb Republican Yea Yea Yea Absent Yea Yea Yea Yea Yea Yea Yea
Indiana 1 William E. Niblack Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Delaware at-large John A. Nicholson Democrat Nay Nay Nay Nay Nay Nay Nay Nay Absent Nay Nay
Tennessee 8 David Alexander Nunn Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent
Pennsylvania 2 Charles O'Neill Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Indiana 8 Godlove Stein Orth Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Wisconsin 1 Halbert E. Paine Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea
Maine 2 Sidney Perham Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Maine 4 John A. Peters Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent
Maryland 3 Charles E. Phelps Conservative Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Maine 5 Frederick Augustus Pike Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Missouri 1 William A. Pile Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Ohio 15 Tobias A. Plants Republican Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent Yea
Vermont 2 Luke P. Poland Republican Yea Yea Yea Absent Yea Yea Yea Yea Absent Absent Yea
West Virginia 3 Daniel Polsley Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 24 Theodore M. Pomeroy Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Nay Yea
Iowa 2 Hiram Price Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea
New York 14 John V. L. Pruyn Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Pennsylvania 1 Samuel J. Randall Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Absent Absent
Illinois 13 Green Berry Raum Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 10 William H. Robertson Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea
New York 3 William Erigena Robinson Democrat Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Illinois 9 Lewis W. Ross Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Wisconsin 5 Philetus Sawyer Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Ohio 3 Robert C. Schenck Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Pennsylvania 19 Glenni William Scofield Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 28 Lewis Selye Independent Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Indiana 11 John P. C. Shanks Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Ohio 7 Samuel Shellabarger Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
New Jersey 3 Charles Sitgreaves Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Vermont 3 Worthington Curtis Smith Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Nay Yea
Ohio 18 Rufus P. Spalding Republican Yea Yea Yea Absent Yea Yea Yea Yea Absent Yea Yea
Connecticut 3 Henry H. Starkweather Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New Hampshire 2 Aaron Fletcher Stevens Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Pennsylvania 9 Thaddeus Stevens Republican Yea Yea Absent Absent Yea Yea Yea Yea Yea Yea Yea
New York 6 Thomas E. Stewart Conservative Republican Nay Nay Nay Absent Nay Nay Nay Nay Nay Nay Nay
Tennessee 3 William Brickly Stokes Republican Yea Yea Absent Absent Yea Yea Yea Yea Absent Absent Absent
Maryland 5 Frederick Stone Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Absent Absent
New York 1 Stephen Taber Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Nebraska at-large John Taffe Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Pennsylvania 5 Caleb Newbold Taylor Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Maryland 4 Francis Thomas Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Tennessee 5 John Trimble Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent
Kentucky 1 Lawrence S. Trimble Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Michigan 5 Rowland E. Trowbridge Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Massachusetts 3 Ginery Twichell Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Michigan 2 Charles Upson Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
New York 31 Henry Van Aernam Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Pennsylvania 11 Daniel Myers Van Auken Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Absent Absent
New York 29 Burt Van Horn Republican Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent Absent
Missouri 6 Robert T. Van Horn Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Ohio 12 Philadelph Van Trump Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
New York 11 Charles Van Wyck Republican Yea Yea Yea Yea Yea Yea Yea Yea Absent Yea Yea
New York 27 Hamilton Ward Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Wisconsin 6 Cadwallader C. Washburn Republican Yea Yea Absent Absent Yea Yea Yea Yea Absent Yea Yea
Indiana 7 Henry D. Washburn Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Massachusetts 9 William B. Washburn Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Illinois 3 Elihu B. Washburne Republican Yea Yea Yea Absent Yea Yea Yea Yea Absent Absent Absent
Ohio 14 Martin Welker Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Pennsylvania 23 Thomas Williams Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea Yea
Indiana 10 William Williams Republican Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent
Iowa 1 James F. Wilson Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Nay Yea
Ohio 11 John Thomas Wilson Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Nay Yea
Pennsylvania 18 Stephen Fowler Wilson Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Absent Absent
Minnesota 1 William Windom Republican Yea Yea Yea Yea Yea Yea Yea Yea Yea Nay Yea
New York 9 Fernando Wood Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay Nay
Vermont 1 Frederick E. Woodbridge Republican Yea Yea Yea Absent Yea Yea Yea Yea Absent Nay Yea
Pennsylvania 12 George Washington Woodward Democrat Nay Nay Nay Nay Nay Nay Nay Nay Nay Absent Absent
Notes:
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."[52]


March 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.[18]

Illustration of Thaddeus Stevens speaking during March 2, 1868 debate
Illustration of Thaddeus Stevens speaking during March 2, 1868 debate

After a series of speeches during debate, Thaddeus Stevens took the floor to criticize the committee of seven for going too easy on Johnson,[18] declaring,

Never was so great a malefactor so gently treated as Andrew Johnson. The people have been unwilling to blot the records of their country by mingling his crimes with their shame—shame for endurance for so long a time of his great crimes and misdemeanor.[18]

He 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. When Stevens finished his remarks, Benjamin Butler submitted his own lengthy impeachment article, inspired by Stevens' request to him, which 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."[18] The article was seen as being written in response to speeches that Johnson had made during his "Swing Around the Circle".[65] 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.[18]

March 2, 1868 vote totals
Article introduced by Benjamin Butler
[18][66]
Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea
Detailed roll call not reported by the Congressional Globe
048
Nay checkY 074
First
article
[17][50][67][66]
Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea checkY 000 127 000 000 000 127
Nay 040 000 000 001 001 042
Second
article
[50][60][66]
Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea checkY 000 124 000 000 000 124
Nay 039 000 000 001 001 041
Third
article
[50][59][66]
Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea checkY 001 123 000 000 000 124
Nay 038 000 000 001 001 040
Fourth
article
[50][68][66]
Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea checkY 001 116 000 000 000 117
Nay 039 000 000 000 001 040
Fifth
article
[50][69][66]
Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea checkY 000 127 000 000 000 127
Nay 040 000 000 001 001 042
Sixth
article
[50][70][66]
Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea checkY 000 127 000 000 000 127
Nay 040 000 000 001 001 042
Seventh
article
[50][71][66]
Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea checkY 000 127 000 000 000 127
Nay 040 000 000 001 001 042
Eighth
article
[50][72][66]
Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea checkY 000 127 000 000 000 127
Nay 040 000 000 001 001 042
Ninth
article
[17][50][73][66]
Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea checkY 000 108 000 000 000 108
Nay 039 000 000 001 001 041

March 3, 1868

In hopes of strengthening the case that would be brought before the Senate, on March 3, the impeachment managers requested that the House consider additional charges.[18] First, the managers reported the article previously proposed by Butler, which they reintroduced as the tenth article. It was approved.[18][74] After this, an eleventh article drafted by Thaddeus Stevens and James F. Wilson was approved.[18] 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.[54]

March 3, 1868 vote totals
Tenth
article
[17][50][61]
Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea checkY 000 088 000 000 000 088
Nay 031 012 000 001 001 045
Eleventh
article
[17][50][62]
Party Total votes
Democratic Republican Conservative Conservative Republican Independent Republican
Yea checkY 000 109 000 000 000 109
Nay 030 000 000 001 001 032

Summary of the articles

Signature of Speaker of the House Schuyler Colfax (upper left) and an attestation of Edward McPherson, clerk of the United States House of Representatives (lower right) on an official copy of the eleven articles of impeachment
Signature of Speaker of the House Schuyler Colfax (upper left) and an attestation of Edward McPherson, clerk of the United States House of Representatives (lower right) on an official copy of the eleven articles of impeachment

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. The ninth article focused on an accusation that Johnson had violated the Command of Army Act. 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.[18][20][54][75]

The eleven articles presented the following charges:

Trial

Main article: Impeachment trial of Andrew Johnson

Illustration of Bingham presenting the articles of impeachment to the Senate
Illustration of Bingham presenting the articles of impeachment to the Senate

At 1pm on March 4, 1868, John Bingham appeared before the Senate and presented them with the articles of impeachment, reading them to the Senate.[54][26][76] After this, the Senate voted to schedule the convening of the Senate as a court of impeachment for 1pm the following day.[76]

Officers of the trial

House impeachment managers.Seated L-R: Butler, Stevens, Williams, Bingham;Standing L-R: Wilson, Boutwell, Logan
House impeachment managers.
Seated L-R: Butler, Stevens, Williams, Bingham;
Standing L-R: Wilson, Boutwell, Logan

Per the constitution's rules on impeachment trials of incumbent presidents, chief justice of the United States Salmon P. Chase presided over the trial.[26] The extent of Chase's authority as presiding officer to render unilateral rulings was a frequent point of contention during the rules debate and trial. He initially maintained that deciding certain procedural questions on his own was his prerogative; but after the Senate challenged several of his rulings, he gave up making rulings.[77]

The House of Representatives appointed seven members to serve as House impeachment managers, equivalent to prosecutors. These seven members were John Bingham, George S. Boutwell, Benjamin Butler, John A. Logan, Thaddeus Stevens, Thomas Williams and James F. Wilson.[78][79]

The president's defense team was made up of Henry Stanbery, William M. Evarts, Benjamin R. Curtis, Thomas A. R. Nelson and William S. Groesbeck. On the advice of counsel, the president did not appear at the trial.[26]

Trial proceedings

Andrew Johnson's impeachment trial as illustrated by Theodore R. Davis in Harper's Weekly
Andrew Johnson's impeachment trial as illustrated by Theodore R. Davis in Harper's Weekly
Andrew Johnson impeachment trial admission ticket dated March 24, 1868
Andrew Johnson impeachment trial admission ticket dated March 24, 1868

The Senate convened as a court of impeachment at 1pm on March 4, 1868, marking the start of the impeachment trial.[54][26] The trial was conducted mostly in open session, and 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.[26][80]

The impeachment managers argued that Johnson had explicitly violated the Tenure of Office Act by dismissing Stanton without the consent of the Senate. The managers contended that United States presidents were obligated to carry out and honor the laws passed by the United States Congress, regardless of whether the president believed them to be constitutional. The managers argued 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).[54][19][81]

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 Jonhson'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 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.[54][19][81]

Verdict

Judgment of the Senate
Judgment of the Senate

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 as a lame duck without influence on public policy.[6]

All nine Democratic senators voted against conviction.[82] A total of ten Republican senators defied their party and voted against impeachment.[83][84] Seven of those Republican Senators had cited concerns that the proceedings had been manipulated to give a one-sided presentation of the evidence. The seven that had cited those concerns were William P. Fessenden (R– ME), Joseph S. Fowler (R– TN), James W. Grimes (R– IA), John B. Henderson (R– MO), Edmund G. Ross (R– KS), Lyman Trumbull (R– IL), Peter G. Van Winkle (R– WV).[85][85][86] Ross is often seen as having been the decisive swing vote.[87]

The first vote was taken on May 16 for the eleventh article. Prior to the vote, Samuel Pomeroy, the senior senator from Kansas, told the junior Kansas Senator Ross that if Ross voted for acquittal that Ross would become the subject of an investigation for bribery.[88] 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". 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 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.[89]

Moreover, there is evidence that the prosecution attempted to bribe the senators voting for acquittal to switch their votes to conviction. Maine Senator Fessenden was offered the ministership to Great Britain. Prosecutor Butler said, "Tell [Kansas Senator Ross] that if he wants money there is a bushel of it here to be had."[90] Butler's investigation also boomeranged when it was discovered that Kansas 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.[91] Butler was himself told by Wade that Wade would appoint Butler as secretary of state when Wade assumed the presidency after a Johnson conviction.[92] 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.[93] That opinion has been rejected by some scholars, such as Ralph Roske, and endorsed by others, such as Avery Craven.[94][95]

Not one of the Republican senators who voted for acquittal ever again served in an elected office.[96] 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.[94][97][98]

Articles of Impeachment, U.S. Senate judgment
(36 "guilty" votes necessary for a conviction)
May 16, 1868
Article XI
Party Total votes
Democratic Republican
Yea (guilty) 00 35 35
Nay (not guilty) checkY 09 10 19
May 26, 1868
Article II
Party Total votes
Democratic Republican
Yea (guilty) 00 35 35
Nay (not guilty) checkY 09 10 19
May 26, 1868
Article III
Party Total votes
Democratic Republican
Yea (guilty) 00 35 35
Nay (Not guilty) checkY 09 10 19
Detail of roll call
Senator Party–state Art. XI
vote
Art. II
vote
Art. III
vote
Henry B. Anthony
R–RI
Yea Yea Yea
James A. Bayard Jr.
D–DE
Nay Nay Nay
Charles R. Buckalew
D–PA
Nay Nay Nay
Simon Cameron
R–PA
Yea Yea Yea
Alexander G. Cattell
R–NJ
Yea Yea Yea
Zachariah Chandler
R–MI
Yea Yea Yea
Cornelius Cole
R–CA
Yea Yea Yea
Roscoe Conkling
R–NY
Yea Yea Yea
John Conness
R–CA
Yea Yea Yea
Henry W. Corbett
R–OR
Yea Yea Yea
Aaron H. Cragin
R–NH
Yea Yea Yea
Garrett Davis
D–KY
Nay Nay Nay
James Dixon
R–CT
Nay Nay Nay
James Rood Doolittle
R–WI
Nay Nay Nay
Charles D. Drake
R–MO
Yea Yea Yea
George F. Edmunds
R–VT
Yea Yea Yea
Orris S. Ferry
R–CT
Yea Yea Yea
William P. Fessenden
R–ME
Nay Nay Nay
Joseph S. Fowler
R–TN
Nay Nay Nay
Frederick T. Frelinghuysen
R–NJ
Yea Yea Yea
James W. Grimes
R–IA
Nay Nay Nay
James Harlan
R–IA
Yea Yea Yea
John B. Henderson
R–MO
Nay Nay Nay
Thomas A. Hendricks
D–IN
Nay Nay Nay
Jacob M. Howard
R–MI
Yea Yea Yea
Timothy O. Howe
R–WI
Yea Yea Yea
Reverdy Johnson
D–MD
Nay Nay Nay
Thomas C. McCreery
D–KY
Nay Nay Nay
Edwin D. Morgan
R–NY
Yea Yea Yea
Justin S. Morrill
R–VT
Yea Yea Yea
Lot M. Morrill
R–ME
Yea Yea Yea
Oliver P. Morton
R–IN
Yea Yea Yea
Daniel Sheldon Norton
R–MN
Nay Nay Nay
James W. Nye
R–NV
Yea Yea Yea
David T. Patterson
D–TN
Nay Nay Nay
James W. Patterson
R–NH
Yea Yea Yea
Samuel C. Pomeroy
R–KS
Yea Yea Yea
Alexander Ramsey
R–MN
Yea Yea Yea
Edmund G. Ross
R–KS
Nay Nay Nay
Willard Saulsbury Sr.
D–DE
Nay Nay Nay
John Sherman
R–OH
Yea Yea Yea
William Sprague IV
R–RI
Yea Yea Yea
William M. Stewart
R–NV
Yea Yea Yea
Charles Sumner
R–MA
Yea Yea Yea
John Milton Thayer
R–NE
Yea Yea Yea
Thomas Tipton
R–NE
Yea Yea Yea
Lyman Trumbull
R–IL
Nay Nay Nay
Peter G. Van Winkle
R–WV
Nay Nay Nay
George Vickers
D–MD
Nay Nay Nay
Benjamin Wade
R–OH
Yea Yea Yea
Waitman T. Willey
R–WV
Yea Yea Yea
George Henry Williams
R–OR
Yea Yea Yea
Henry Wilson
R–MA
Yea Yea Yea
Richard Yates
R–IL
Yea Yea Yea

Sources: [99][100]

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 stated in its majority opinion "that the Tenure of Office Act of 1867...was invalid".[101]

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.[102] 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".[6]

See also

References

  1. ^ Burlingame, Michael (4 October 2016). "Abraham Lincoln: Domestic Affairs". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Retrieved April 14, 2018.
  2. ^ a b c d Whittington, Keith E. (March 2000). "Bill Clinton Was No Andrew Johnson: Comparing Two Impeachments". Journal of Constitutional Law. Philadelphia: University of Pennsylvania. 2 (2): 422–65. Retrieved September 24, 2021.
  3. ^ Campbell, James M.; Fraser, Rebecca J., eds. (2008). Reconstruction: People and Perspectives. Santa Barbara, California: ABC-CLIO. p. xv. ISBN 978-1-59884-021-6. Archived from the original on 2020-01-28. Retrieved 2018-05-10.
  4. ^ Trefousse, Hans L. (1989). Andrew Johnson: A Biography. New York City: W. W. Norton & Company. pp. 193–213. ISBN 978-0-393-31742-8.
  5. ^ a b "Andrew Johnson – Key Events". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. 7 October 2016. Retrieved May 8, 2018.
  6. ^ a b c d Varon, Elizabeth R. (4 October 2016). "Andrew Johnson: Domestic Affairs". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Retrieved April 14, 2018.
  7. ^ Trefousse, Hans L. (1989). Andrew Johnson: A Biography. New York City: W. W. Norton & Company. pp. 234–54. ISBN 978-0-393-31742-8.
  8. ^ Kennedy, David M.; Bailey, Thomas (2009). The American Spirit: U.S. History as Seen by Contemporaries, Volume II: Since 1865 (Twelfth ed.). Cengage Learning. pp. 17–19. ISBN 978-0-495-80002-6.
  9. ^ Hacker, Jeffrey H. (2014). Slavery, War, and a New Birth of Freedom: 1840s–1877 (revised ed.). Taylor & Francis. p. 144. ISBN 978-0-7656-8324-3. Archived from the original on 2021-01-14. Retrieved 2020-10-26.
  10. ^ a b "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. Retrieved 2 March 2021.
  11. ^ Wineapple, Brenda (2019). "Twelve: Tenure of Office". The impeachers : The Trial of Andrew Johnson and The Dream of a Just Nation (First ed.). New York. ISBN 9780812998368.
  12. ^ "Impeachment Efforts Against President Andrew Johnson | US House of Representatives: History, Art & Archives". history.house.gov. United States House of Representatives. Retrieved 2 March 2021.
  13. ^ "Impeachment Rejected, November to December 1867 | US House of Representatives: History, Art & Archives". history.house.gov. United States House of Representatives. Retrieved 2 March 2021.
  14. ^ "The Case for Impeachment, December 1867 | US House of Representatives: History, Art & Archives". history.house.gov. United States House of Representatives. Retrieved 2 March 2021.
  15. ^ a b c d e f g h i j k l m n Hinds, Asher C. (4 March 1907). "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" (PDF). United States Congress. pp. 845–851. Retrieved 2 March 2021.
  16. ^ a b c d "Journal of the United States House of Representatives (40th Congress, second session) pages 259–262". voteview.com. United States House of Representatives. 1868. Retrieved 16 March 2022.
  17. ^ a b c d e f g h i j k l m n "40th Congress (1867-1869) > Representatives". voteview.com. Retrieved 16 March 2022.
  18. ^ a b c d e f g h i j k l m n o p q r s t u v "The House Impeaches Andrew Johnson". Washington, D.C.: Office of the Historian and the Clerk of the House's Office of Art and Archives. Retrieved January 13, 2021.
  19. ^ a b c d Stewart, David O. (2009). Impeached: The Trial of President Andrew Johnson and the Fight for Lincoln's Legacy. Simon and Schuster. pp. 136–137, 231.
  20. ^ a b c d e f g h i j k l m n o p q Public Domain This article incorporates public domain material from the Congressional Research Service document: Stephen W. Stathis and David C. Huckabee. "Congressional Resolutions on Presidential Impeachment: A Historical Overview" (PDF). Retrieved December 31, 2019.
  21. ^ "The Capital". Philadelphia Inquirer. February 10, 1868. Retrieved 22 July 2022 – via Newspapers.com.
  22. ^ "Washington". Newspapers.com. Chicago Evening Post. February 13, 1868. Retrieved 22 July 2022 – via Newspapers.com.
  23. ^ "Staunton Spectator Tuesday, February 18, 1868". Staunton Spectator. February 18, 1868. Retrieved 22 July 2022 – via Newspapers.com.
  24. ^ Chernow, Ron (2017). Grant. New York: Penguin Press. p. 594. ISBN 978-1-5942-0487-6.
  25. ^ Trefousse, Hans L. (1989). Andrew Johnson: A Biography. New York City: W. W. Norton & Company. pp. 275–99. ISBN 978-0-393-31742-8.
  26. ^ a b c d e f g "The Impeachment of Andrew Johnson (1868) President of the United States". Washington, D.C.: Historical Office, United States Senate. Archived from the original on October 4, 2019. Retrieved April 13, 2018.
  27. ^ Tenure of Office Act, March 2, 1867, 14 Stat. 430, ch. 154; https://babel.hathitrust.org/cgi/pt?id=mdp.35112200623595;view=1up;seq=474
  28. ^ "Archived copy". Archived from the original on 2006-04-27. Retrieved 2006-04-01.((cite web)): CS1 maint: archived copy as title (link)
  29. ^ a b Burg, Robert (2012). Manweller, Mathew (ed.). Chronology of the U.S. Presidency [4 volumes]. ABC-CLIO. p. 545. ISBN 978-1-59884-645-4. Archived from the original on 2021-01-14. Retrieved 2020-10-26.
  30. ^ White, Ronald C. (2016). American Ulysses: A Life of Ulysses S. Grant. Random House Publishing Group. p. 453. ISBN 978-1-5883-6992-5.
  31. ^ Chernow, Ron (2017). Grant. New York: Penguin Press. p. 603. ISBN 978-1-5942-0487-6.
  32. ^ White, Ronald C. (2016). American Ulysses: A Life of Ulysses S. Grant. Random House Publishing Group. pp. 454–55. ISBN 978-1-5883-6992-5.
  33. ^ Marvel, William (2015). Lincoln's Autocrat: The Life of Edwin Stanton. University of North Carolina Press. p. 437. ISBN 978-1-46962249-1. Archived from the original on 2021-01-14. Retrieved 2020-10-26.
  34. ^ Benedict, Michael Les (Fall 1998). "A New Look at the Impeachment of Andrew Johnson". Political Science Quarterly. Academy of Political Science. 113 (3). doi:10.2307/2658078. JSTOR 2658078. Retrieved April 27, 2018.
  35. ^ Trefousse, Hans L. (1989). Andrew Johnson: A Biography. New York City: W. W. Norton & Company. p. 306. ISBN 978-0-393-31742-8.
  36. ^ Marvel, William (2015). Lincoln's Autocrat: The Life of Edwin Stanton. University of North Carolina Press. p. 443. ISBN 978-1-46962249-1. Archived from the original on 2021-01-14. Retrieved 2020-10-26.
  37. ^ a b c Glass, Andrew (February 24, 2015). "House votes to impeach Andrew Johnson, February 24, 1868". Politico. Retrieved April 24, 2018.
  38. ^ Brockett, L. P. (1872). Men of our day; or, Biographical sketches of patriots, orators, statesmen, generals, reformers, financiers and merchants, now on the stage of action: including those who in military, political, business and social life, are the prominent leaders of the time in this country. Philadelphia, Pennsylvania: Zeigler, McCurdy. p. 502 – via Internet Archive, 2009.
  39. ^ "Avalon Project : History of the Impeachment of Andrew Johnson - Chapter VI. Impeachment Agreed To By The House". avalon.law.yale.edu. The Avalon Project (Yale Law School Lilian Goldman Law Library). Retrieved 13 March 2021.
  40. ^ "The House Impeaches Andrew Johnson | US House of Representatives: History, Art & Archives". history.house.gov. United States House of Representatives. Retrieved 13 March 2021.
  41. ^ "Impeachment of Andrew Johnson | US House of Representatives: History, Art & Archives". history.house.gov. United States House of Representatives. Retrieved 13 March 2021.
  42. ^ a b "Journal of the United States House of Representatives (40th Congress, Second Session) pages 385". voteview.com. Retrieved 19 March 2022.
  43. ^ "The News". Newspapers.com. Public Ledger. February 22, 1868. Retrieved 22 July 2022 – via Newspapers.com.
  44. ^ "By Telegraph". Newspapers.com. The Charleston Daily News. February 24, 1868. Retrieved 22 July 2022 – via Newspapers.com.
  45. ^ "Latest New By Telegraph". Newspapers.com. The Daily Evening Express. February 22, 1868. Retrieved 22 July 2022.
  46. ^ a b "A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875". memory.loc.gov. Library of Congress. Retrieved 28 March 2022.
  47. ^ "Impeachment". Newspapers.com. Harrisburg Telegraph. February 22, 1868. Retrieved 22 July 2022 – via Newspapers.com.
  48. ^ a b c "Cong. Globe, 40th Cong., 2nd Sess. 1400 (1868)". A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875. Washington, D.C.: Library of Congress. Archived from the original on January 14, 2021. Retrieved December 21, 2019.
  49. ^ a b c d e f "Journal of the United States House of Representatives (40th Congress, Second Session) pages 392 and 393". voteview.com. United States House of Representatives.
  50. ^ a b c d e f g h i j k l m n o "Appendix: Vote Tallies on the Articles of Impeachment against Andrew Johnson | US House of Representatives: History, Art & Archives". history.house.gov. Retrieved 24 March 2022.
  51. ^ "Republican Caucus". Chicago Tribune. March 2, 1868. Retrieved 28 March 2022 – via Newspapers.com.
  52. ^ a b c "RULES OF THE HOUSE OF REPRESENTATIVES, WITH NOTES AND ANNOTATIONS" (PDF). www.govinfo.gov.
  53. ^ "Journal of the United States House of Representatives (40th Congress, second session) pages 393-397". voteview.com. United States House of Representatives. 1868. Retrieved 16 March 2022.
  54. ^ a b c d e f g h "U.S. Senate: Impeachment Trial of President Andrew Johnson, 1868". www.senate.gov. United States Senate. Retrieved 29 March 2022.
  55. ^ "Journal of the United States House of Representatives (40th Congress, second session) page 405". voteview.com. United States House of Representatives. 1868. Retrieved 16 March 2022.
  56. ^ "Journal of the United States House of Representatives (40th Congress, second session) page 405". voteview.com. United States House of Representatives. 1868. Retrieved 16 March 2022.
  57. ^ "Journal of the United States House of Representatives (40th Congress, second session) page 407–408". voteview.com. United States House of Representatives. 1868. Retrieved 16 March 2022.
  58. ^ "Journal of the United States House of Representatives (40th Congress, second session) page 410-411". voteview.com. United States House of Representatives. 1868. Retrieved 16 March 2022.
  59. ^ a b "Journal of the United States House of Representatives (40th Congress, Second Session) page 443 and 444". voteview.com. Retrieved 17 March 2022.
  60. ^ a b "40th Congress > House > Vote 245". voteview.com. Retrieved 17 March 2022.
  61. ^ a b c "Journal of the United States House of Representatives (40th Congress, Second Session) pages 465 and 466". voteview.com. Retrieved 17 March 2022.
  62. ^ a b c "Journal of the United States House of Representatives (40th Congress, Second Session) pages 463 and 464". voteview.com. Retrieved 17 March 2022.
  63. ^ "Journal of the House of Representatives, March 2, 1868" (PDF). www.cop.senate.gov. United States Congress. Archived from the original (PDF) on October 30, 2020. Retrieved 20 July 2022.
  64. ^ "Journal of the House of Representatives, March 2, 1868" (PDF). www.cop.senate.gov. United States Congress. Archived from the original (PDF) on October 30, 2020. Retrieved 20 July 2022.
  65. ^ "Impeachment - Butler's Additional Article- The Rules in the Senate". Newspapers.com. Chicago Evening Post at Newspapers.com. March 2, 1868. Retrieved 28 March 2022.
  66. ^ a b c d e f g h i j Congressional Globe for the Second Session Fortieth Congress Part II. Office of the Congressional Globe. pp. 1616–1619.
  67. ^ "Journal of the United States House of Representatives (40th Congress, Second Session) pages 440 and 441". voteview.com. Retrieved 17 March 2022.
  68. ^ "40th Congress > House > Vote 247". voteview.com. Retrieved 17 March 2022.
  69. ^ "40th Congress > House > Vote 248". voteview.com. Retrieved 17 March 2022.
  70. ^ "40th Congress > House > Vote 249". voteview.com. Retrieved 17 March 2022.
  71. ^ "40th Congress > House > Vote 250". voteview.com. Retrieved 17 March 2022.
  72. ^ "40th Congress > House > Vote 251". voteview.com. Retrieved 17 March 2022.
  73. ^ "Journal of the United States House of Representatives (40th Congress, Second Session) pages 449 and 450". voteview.com. Retrieved 17 March 2022.
  74. ^ Hinds, Asher C. (March 4, 1907). 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 (PDF). United States Congress. p. 860. Retrieved 24 March 2022.
  75. ^ a b "The Impeachment Trial of Andrew Johnson: An Account". www.famous-trials.com. Retrieved 17 November 2021.
  76. ^ a b Riddick, Floyd M.; Dove, Robert B. (August 15, 1986). Procedure and Guidelines for Impeachment Trials in the United States Senate (PDF). United States Senate. pp. 12–13, 19–20, 26–27, 53–54. Archived from the original (PDF) on August 16, 2000.
  77. ^ Gerhardt, Michael J. "Essays on Article I: Trial of Impeachment". Heritage Guide to the Constitution. Heritage Foundation. Archived from the original on August 22, 2020. Retrieved May 10, 2018.
  78. ^ "List of Individuals Impeached by the House of Representatives". Washington, D.C.: Office of the Historian and the Clerk of the House's Office of Art and Archives. Retrieved May 10, 2018.
  79. ^ "President Andrew Johnson Impeachment Trial: 1868 - Senate Tries President Johnson". law.jrank.org. Retrieved 2 March 2021.
  80. ^ "President Andrew Johnson's impeachment trial, 1868". Washington, D.C.: Historical Office, United States Senate. Retrieved May 14, 2018.
  81. ^ a b "Andrew Johnson's Impeachment". Bill of Rights Institute. Retrieved 17 November 2021.
  82. ^ "Senate Journal. 40th Cong., 2nd sess., 16 / 26 May 1868, 943–51". A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875. Washington, D.C.: Library of Congress. Retrieved June 7, 2019.
  83. ^ "40th Congress > Senate > Vote 361". voteview.com. Retrieved 8 April 2022.
  84. ^ "Andrew Johnson Trial: The Consciences of Seven Republicans Save Johnson" Archived 2018-08-10 at the Wayback Machine.
  85. ^ a b "40th Congress (1867-1869) > Representatives". voteview.com. Retrieved 16 March 2022.
  86. ^ "Andrew Johnson Trial - The Consciences Of Seven Republicans Save Johnson". law.jrank.org. Retrieved 19 July 2022.
  87. ^ ""The Trial of Andrew Johnson, 1868"". Archived from the original on 2018-08-10. Retrieved 2007-08-17.
  88. ^ Curt Anders "Powerlust: Radicalism in the Civil War Era" p. 531
  89. ^ Stewart, David O. (2009). Impeached: The Trial of President Andrew Johnson and the Fight for Lincoln's Legacy. Simon and Schuster. pp. 240–49, 284–99.
  90. ^ Gene Davis High Crimes and Misdemeanors (New York: William Morrow & Company, 1977), 266–67, 290–91
  91. ^ Curt Anders "Powerlust: Radicalism in the Civil War Era", pp. 532–33
  92. ^ Eric McKitrick Andrew Johnson (Oxford: Oxford University Press, 1988), 507–08
  93. ^ John F. Kennedy "Profiles in Courage" (New York: Harper Brothers, 1961), 115–39
  94. ^ a b Avery Craven "Reconstruction" (New York: Holt, Rinehart & Winston, 1969), 221
  95. ^ Roske, Ralph J. (1959). "The Seven Martyrs?". The American Historical Review. 64 (2): 323–30. doi:10.2307/1845447. JSTOR 1845447.
  96. ^ Hodding Carter, The Angry Scar (New York: Doubleday, 1959), 143
  97. ^ Kenneth Stampp, Reconstruction (New York: Alfred A. Knopf, 1965), 153
  98. ^ Chester Hearn, The Impeachment of Andrew Johnson (Jefferson, NC: McFarland, 2000), 202
  99. ^ Ross, Edmund G. (1896). History of the Impeachment of Andrew Johnson, President of The United States By The House Of Representatives and His Trial by The Senate for High Crimes and Misdemeanors in Office 1868 (PDF). pp. 105–07. Retrieved April 26, 2018 – via Project Gutenberg, 2000.
  100. ^ "Senate Journal. 40th Cong., 2nd sess., 16 / 26 May 1868, 943–51". A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875. Washington, D.C.: Library of Congress. Retrieved June 7, 2019.
  101. ^ Myers v. United States Archived 2014-12-26 at the Wayback Machine, Findlaw | Cases and Codes
  102. ^ White, Horace. The Life of Lyman Trumble. Boston and New York: Houghton Mifflin Co., 1913, p. 319.

Further reading

  • Benedict, Michael Les. "A New Look at the Impeachment of Andrew Johnson", Political Science Quarterly, Sep 1973, Vol. 88 Issue 3, pp. 349–67 in JSTOR
  • Benedict, Michael Les. The impeachment and trial of Andrew Johnson (1973), 212 pp; the standard scholarly history online edition
  • Brown, H. Lowell. High Crimes and Misdemeanors in Presidential Impeachment (Palgrave Macmillan, New York, 2010). pp. 35–61 on Johnson.
  • DeWitt, David M. The impeachment and trial of Andrew Johnson (1903), old monograph online edition
  • Hearn, Chester G. The Impeachment of Andrew Johnson (2000) popular history
  • McKitrick, Eric L. Andrew Johnson and Reconstruction (1960) influential analysis
  • Rable, George C. "Forces of Darkness, Forces of Light: The Impeachment of Andrew Johnson and the Paranoid Style", Southern Studies (1978) 17#2, pp. 151–73
  • Sefton, James E. "The Impeachment of Andrew Johnson: A Century of Writing", Civil War History, June 1968, Vol. 14 Issue 2, pp. 120–47
  • Sigelman, Lee, Christopher J. Deering, and Burdett A. Loomis. "'Wading Knee Deep in Words, Words, Words': Senatorial Rhetoric in the Johnson and Clinton Impeachment Trials". Congress & the Presidency 28#2 (2001) pp. 119–39.
  • Stathis, Stephen W. "Impeachment and Trial of President Andrew Johnson: A View from the Iowa Congressional Delegation", Presidential Studies Quarterly Vol. 24, No. 1, (Winter, 1994), pp. 29–47 in JSTOR
  • Stewart, David O. Impeached: The Trial of President Andrew Johnson and the Fight for Lincoln's Legacy (2009)
  • Trefousse, Hans L. "The Acquittal of Andrew Johnson and the Decline of the Radicals", Civil War History, June 1968, Vol. 14 Issue 2, pp. 148–61
  • Trefousse, Hans L. Andrew Johnson: A Biography (1989) major scholarly biography excerpt and text search
  • Trefousse, Hans L. Impeachment of a President: Andrew Johnson, the Blacks, and Reconstruction (1999)
  • Wineapple, Brenda (2019). The Impeachers: The Trial of Andrew Johnson and the Dream of a Just Nation. Random House Publishing Group. ISBN 978-0812998368.