Second impeachment inquiry against Andrew Johnson

Photograph of President Johnson

Some Radical Republicans had entertained the thought of impeaching President Andrew Johnson since as early as 1866.[1] However, the Republican Party was divided on the prospect of impeachment, with moderate Republicans in the party, who held a plurality, widely opposing it at this point.[1] The radicals were more in favor of impeachment, as their plans for strong reform in reconstruction were greatly imperiled by Johnson.[1]

Several attempts were made by Radical Republicans to initiate impeachment, but these were initially successfully rebuffed by moderate Republicans in party leadership.[1] Radical Republicans continued to seek Johnson's impeachment, introducing impeachment resolutions in spite of a rule put in place for the House Republican caucus by the moderate Republican leadership in December 1866 requiring that a majority of House Republicans House Committee on the Judiciary would be required to approve any measure regarding impeachment in party caucus prior to it being considered in the House.[1][2] Moderate Republicans often stifled these resolutions by referring them to committees, however.[2] On January 7, 1867, Benjamin F. Loan, John R. Kelso, and James Mitchell Ashley each introduced three separate impeachment resolutions against Johnson. the House refused to hold debate or vote on either Loan or Kelso's resolutions.[1] However, they did allow a vote on Ashley's impeachment-related resolution.[1] Unlike the other two impeachment bills introduced that day (which would have outright impeached Johnson), Ashley's bill offered a specific outline of how an impeachment process would proceed, and it did not start with an immediate impeachment. Rather than going to a direct vote on impeaching the president, his resolution would instruct the Judiciary Committee to "inquire into the official conduct of Andrew Johnson", investigating what it called Johnson's "corruptly used" powers, including his political appointments, pardons for ex-Confederates, and his vetoes of legislation.[1][3][4] The resolution passed in the House 108–39.[1][5] It was seen as offering Republicans a chance to register their displeasure with Johnson, without actually formally impeaching him.[1] This launched the first impeachment inquiry against Andrew Johnson. After the end of the 39th Congress, the first impeachment inquiry was renewed in the 40th Congress.[1] On November 25, 1867, the House Committee on the Judiciary voted to recommend impeachment.[3][6] However, when put to a full vote of the House, the House voted 57–108 against impeaching Johnson on December 7, 1867, with more Republicans voting against impeachment than for it.[7]

Rufus P. Spalding, who authored the resolution which authorized the second impeachment inquiry

On January 27, 1868, Rufus P. Spalding moved that the rules be suspended so that he could present a resolution resolving,

that the Committee on Reconstruction be authorized to inquire what combinations have been made or attempted to be made to obstruct the due execution of the laws, and to that end the committee have power to send for persons and papers and to examine witnesses on oath, and report to this House what action, if any, they may deem necessary, and that said committee have leave to report at any time.[8][9]

The motion to allow consideration of the resolution was agreed to by a vote of 103–37,[8][10] and the House voted to approve the resolution by a vote of 99–31.[8][10] This launched a new inquiry into Johnson run by the Select Committee on Reconstruction.[8]

No Democrats voted for the resolution, while the only Republicans who cast votes against it were Elihu B. Washburne and William Windom.[10][11][12] 57 members were absent from the vote (39 Republicans, 17 Democrats, and 1 Conservative Republican). Additionally, Speaker Schuyler Colfax (a Republican) did not vote,[10][11] 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.[13]

Inquiry authorization vote[10][11]
January 27, 1868	Party					Total votes
	Democratic	Republican	Conservative	Conservative Republican	Independent Republican
Yea Y	0	97	0	0	2	99
Nay	28	2	1	0	0	31

The following is a table of the members during the second session, during which the inquiry took place.[14]

When the House had previously voted in December 1867 (at the end of the first impeachment inquiry) on the impeachment resolution forwarded to it by the House Committee on the Judiciary, four of these select committee members (Republicans Boutwell, Farnsworth, Stevens, and Paine) had voted in support of impeaching Johnson, while five of these select committee members (Republicans Beaman, Bingham, Hulburd and Democrats Beck and Brooks) had voted against impeachment.[16]

Thaddeus Stevens, chair of the Select Committee on Reconstruction

At the time of the inquiry, Radical Republican Thaddeus Stevens was chair of the House Select Committee on Reconstruction.[17] At the time of the inquiry, Stevens was of advanced age and poor health.[18]

The select committee also looked into correspondence between President Johnson and Ulysses S. Grant, particularly what orders Grant had been given by Johnson when Grant was his acting sectretary of war.[19][20] Grant came to a committee meeting on February 8, but was not examined.[20] In early February, heated letters between Grant and Johnson had been published in the press, adding further intrigue and fuel to the investigation.[21][22]

The select committee interviewed witnesses. One witness interviewed multiple times was Jerome B. Stillson, a reporter with the New York World who had conducted regular interviews with President Johnson.[23][24]

Stevens successfully persuaded the House to, on February 10, 1868, pass a resolution transferring all records from the previous impeachment inquiry and any further responsibility on impeachment away from the Committee on the Judiciary and to the Select Committee on Reconstruction.[25][26]

Select committee approval of an impeachment resolution

Handwritten original copy of John Covode's single sentence impeachment resolution, presented on February 21, 1868

On February 21, 1868, Johnson disregarded the Tenure of Office Act by moving to dismiss Edwin Stanton as U.S secretary of war and replace him with Lorenzo Thomas as the ad interim secretary of war.[25] That day, 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 House Select Committee on Reconstruction, and that the select committee "have leave to report at any time", which was approved by the House.[8] Also on February 21, 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."[31][32][33][34] George S. Boutwell motioned that the resolution be referred to the House Select Committee on Reconstruction, and it was.[17][34]

An amended version of Covode's resolution was rapidly drawn up by the Select Committee on Reconstruction.[18] In the morning February 22, 1868, by a party-line vote of 7–2,[35][36] the select committee voted to refer a slightly amended version of Covode's impeachment resolution to the full House.[8][17][37] The amended impeachment resolution read,

"Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors in office."[37][38]

Remarks made when the full House debated the resolution indicate that the Republican members of the select committee's support for impeachment was motivated by Johnson's attempt to remove Secretary of War Stanton, which they regarded as a violation of the Tenure of Office Act.[8]

Committee vote on impeachment resolution
February 22, 1868	Party		Total votes
	Democratic	Republican
Yea Y	0	7	7
Nay	2	0	2

Vote by member

District	Member	Party		Vote
Michigan 1	Fernando C. Beaman		Republican	Yea
Kentucky 7	James B. Beck		Democratic	Nay
Ohio 16	John Bingham		Republican	Yea
Massachusetts 7	George S. Boutwell		Republican	Yea
New York 8	James Brooks		Democratic	Nay
Illinois 2	John F. Farnsworth		Republican	Yea
Wisconsin 1	Halbert E. Paine		Republican	Yea
New York 17	Calvin T. Hulburd		Republican	Yea
Pennsylvania 9	Thaddeus Stevens		Republican	Yea

At 3pm on February 22, Stevens presented from the House Select Committee on Reconstruction the impeachment resolution along with the majority report.[8][17][37][39] The impeachment resolution was put to a vote on February 24, 1868, three days after Johnson's dismissal of Stanton. 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,[17][25][40] marking the first time that a president of the United States had been impeached.[25] On February 25, the House (by a vote of 105–36) passed a resolution by George Boutwell that the House Select Committee on Reconstruction be authorized to sit during sessions of the House, ahead of proceedings that included the consideration of impeachment managers and the passage of articles of impeachment.[41][42] Johnson was narrowly acquitted in his Senate trial with a 35 in favor of conviction to 19 votes in favor acquittal, one vote short of the two-thirds majority needed for a conviction.[43]

• Timeline of the impeachment of Andrew Johnson