Second impeachment inquiry against Andrew Johnson | |
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Accused | Andrew Johnson, 17th President of the United States |
Date | January 27– February 22, 1868 (3 weeks and 5 days) |
Outcome | House Select Committee on Reconstruction recommended impeachment and reported an impeachment resolution; Johnson subsequently impeached |
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16th Vice President of the United States
17th President of the United States
Vice presidential and Presidential campaigns
Post-presidency
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The second impeachment inquiry against Andrew Johnson was an impeachment inquiry against United States President Andrew Johnson which ran from its authorization on January 27, 1868 until the House Select Committee on Reconstruction reported to Congress on February 22, 1868. It followed a previous inquiry in 1867. The second inquiry, unlike the first (which was run by the House Committee on the Judiciary), was run by the House Select Committee on Reconstruction.
Amid this second inquiry, on February 21, 1868, Johnson fired Secretary of War Edwin Stanton in violation of the Tenure of Office Act. That day, an impeachment resolution was forwarded to the committee. On February 22, 1868, the committee reported to the full House both a recommendation to impeach Johnson and an amended version of the impeachment resolution. On February 24, 1868, the impeachment resolution was passed by the House, thereby impeaching Johnson.
Background
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 moderates 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 legislative vetoes.[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.[7]
Vote authorizing 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]
This motion was agreed to by a vote of 103–37,[8][10] the House voted to approve the resolution 99–31.[8][10] This launched a new inquiry into Johnson run by the 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]
Inquiry authorization vote[10][11] | |||||||
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January 27, 1868 | Party | Total votes | |||||
Democratic | Republican | Conservative | Conservative Republican | Independent Republican | |||
Yea | 0 | 97 | 0 | 1 | 1 | 99 | |
Nay | 28 | 2 | 1 | 0 | 0 | 31 |
Membership of House Select Committee on Reconstruction during inquiry
The following is a table of the members during the second session, during which the inquiry took place.[13]
Members of the House Select Committee on Reconstruction during the second session of the 40th United States Congress[13][14] | ||
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Republican Party | Democratic Party | |
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Inquiry
At the time of the inquiry, Radical Republican Thaddeus Stevens was chair of the House Select Committee on Reconstruction.[15] At the time of the inquiry, Stevens was of advanced age and poor health.[16]
On February 10, 1868 the House voted to move any further responsibility over impeachment away from the Committee on the Judiciary and to the Committee on Reconstruction.[17]
The 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.[18][19] The committee also looked into correspondence between President Johnson and Ulysses S. Grant.[20]
Stevens introduced a resolution to impeach the president over having previously violated the Tenure of Office Act and presented it to the committee. However, the committee voted 6−3 against it.[17] However, under two weeks later, on February 21, 1868, Johnson again violated the Tenure of Office Act by firing Edwin Stanton and replacing him with Lorenzo Thomas.[17] 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 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."[21][22][23][24] George S. Boutwell motioned that the resolution be referred to the House Select Committee on Reconstruction, and it was.[24][15] An amended version was rapidly drawn up by the Select Committee on Reconstruction.[16]
Presentation to House of impeachment recommendation and resolution
On February 22, Stevens presented from the House Select Committee on Reconstruction a report opining that Johnson should be impeached for high crimes and misdemeanors and reported a slightly amended version of Covode's impeachment resolution.[15][8][25] The amended impeachment resolution read,
"Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors in office."[25][26]
Subsequent impeachment and trial
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,[27][15][17] marking the first time that a president of the United States had been impeached.[17] 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[28][29] Johnson was narrowly acquitted in his Senate trial with 35 to 19 votes in favor of conviction, one vote short of the two-thirds majority needed for a conviction.[30]
References
- ^ a b c d e f g h i j k "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.
- ^ a b Benedict, Michael Les (1998). "From Our Archives: A New Look at the Impeachment of Andrew Johnson" (PDF). Political Science Quarterly. 113 (3): 493–511. doi:10.2307/2658078. ISSN 0032-3195. JSTOR 2658078. Retrieved 2 March 2021.
- ^ a b "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.
- ^ Stathis, Stephen W.; Huckabee, David C. (September 16, 1998). "Congressional Resolutions on Presidential Impeachment: A Historical Overview" (PDF). sgp.fas.org. Congressional Research Service. Retrieved 20 March 2022.
- ^ "TO PASS A RESOLUTION TO IMPEACH THE PRESIDENT. (P. 320-2, … -- House Vote #418 -- Jan 7, 1867". GovTrack.us. Retrieved 23 March 2022.
- ^ "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.
- ^ "TO PASS THE IMPEACHMENT OF PRESIDENT RESOLUTION. -- House Vote #119 -- Dec 7, 1867". GovTrack.us.
- ^ a b c d e f 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. 845–847. Retrieved 2 March 2021.
- ^ "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.
- ^ 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.
- ^ a b "40th Congress (1867-1869) > Representatives". voteview.com. Retrieved 16 March 2022.
- ^ "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.
- ^ a b Perros, George P. (1960). "PRELIMINARY INVENTORY OF THE R1OC:ORDS OF THE HOUSE SELECT COMMITTEE ON RECONSTRUCTIO~ 40TH AND 41ST CONGRESSES (1867-1871)". history.house.gov. The National Archives National Archives and Records Service General Services Administration. Retrieved 28 March 2022.
- ^ "40th Congress (1867-1869) > Representatives". voteview.com. Retrieved 28 March 2022.
- ^ a b c d 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.
- ^ a b "U.S. Senate: Impeachment Trial of President Andrew Johnson, 1868". www.senate.gov. United States Senate. Retrieved 29 March 2022.
- ^ a b c d e "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.
- ^ "The Impeachment Investigation - Proceedings on Saturday". Newspapers.com. The Wisconsin State Register. 15 Feb 1868. Retrieved 29 March 2022.
- ^ "Letters from Washington". Newspapers.com. The Baltimore Sun. 12 Feb 1868.
- ^ "The Impeachment Investigation". Newspapers.com. Alexandria Gazette. 10 Feb 1868. Retrieved 29 March 2022.
- ^ "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.
- ^ "The House Impeaches Andrew Johnson | US House of Representatives: History, Art & Archives". history.house.gov. United States House of Representatives. Retrieved 13 March 2021.
- ^ "Impeachment of Andrew Johnson | US House of Representatives: History, Art & Archives". history.house.gov. United States House of Representatives. Retrieved 13 March 2021.
- ^ a b "Journal of the United States House of Representatives (40th Congress, Second Session) pages 385". voteview.com. Retrieved 19 March 2022.
- ^ 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.
- ^ "The House adopts a resolution providing for the impeachment of President Andrew Johnson, February 24, 1868" (PDF). www.senate.gov. United States Senate. Retrieved 29 March 2022.
- ^ Glass, Andrew (February 24, 2015). "House votes to impeach Andrew Johnson, February 24, 1868". Politico. Retrieved April 24, 2018.
- ^ 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. 853. Retrieved 24 March 2022.
- ^ "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.
- ^ "Impeached but Not Removed, March to May 1868 | US House of Representatives: History, Art & Archives". history.house.gov. United States House of Representatives. Retrieved 2 March 2021.