Why was President Andrew Johnson not removed from office when he was impeached in 1867?

1 Answer
Dec 5, 2017

After the House of Representatives (overwhelmingly) voted to impeach, the Senate voted to not remove him from office by one vote on 5/16/1868.

Explanation:

The House of Representatives adopted 11 resolutions towards the impeachment

  • Dismissing Edwin Stanton from office after the Senate had voted not to concur with his dismissal and had ordered him reinstated.
  • Appointing Thomas Secretary of War ad interim despite the lack of vacancy in the office, since the dismissal of Stanton had been invalid.
  • Appointing Thomas without the required advice and consent of the Senate.
  • Conspiring, with Thomas and "other persons to the House of Representatives unknown," to unlawfully prevent Stanton from continuing in office.
  • Conspiring to unlawfully curtail faithful execution of the Tenure of Office Act.
  • Conspiring to "seize, take, and possess the property of the United States in the Department of War."
  • Conspiring to "seize, take, and possess the property of the United States in the Department of War" with specific intent to violate the Tenure of Office Act.
  • Issuing to Thomas the authority of the office of Secretary of War with unlawful intent to "control the disbursements of the moneys appropriated for the military service and for the Department of War."
  • Issuing to Major General William H. Emory orders with unlawful intent to violate the Tenure of Office Act.
  • Making three speeches with intent to show disrespect for the Congress among the citizens of the United States.
  • Article 11 summed up the first 10.

In the end, there was dissent over whether or not the Office of the President had these powers, or should have them. After his impeachment, there was discussion surrounding the Tenure of Office Act and if the Office of the President should exist at all.

In the end, we know that we still have a President, but the Tenure of Office Act was repealed in 1887, and Ulysses S. Grant became President in 1868. All three of these results showed that, House of Representatives aside, there was support for the general direction of Reconstruction at the time and that helped Johnson.