Senate Acquits Andrew Johnson by One Vote

Context

Following Abraham Lincoln’s assassination in April 1865, Andrew Johnson, a Tennessee Democrat and former slaveholder who had stayed loyal to the Union, became president. He adopted lenient policies toward the defeated South, issuing broad amnesties and allowing former Confederates to regain control of state governments. Radical Republicans in Congress, who had gained veto-proof majorities after the 1866 elections, rejected this approach and passed the Reconstruction Acts, which placed Southern states under military oversight and required ratification of the Fourteenth Amendment.

Tensions between the branches intensified when Congress enacted the Tenure of Office Act in March 1867 over Johnson’s veto. The law required Senate consent for the removal of certain cabinet officers, including Secretary of War Edwin Stanton, who aligned with Radical goals. Johnson’s February 1868 attempt to replace Stanton while the Senate was in recess provided the immediate trigger for impeachment proceedings.

What Happened

On February 24, 1868, the House of Representatives voted 126 to 47 to impeach Johnson. Ten days later it adopted eleven articles of impeachment, the central charge being violation of the Tenure of Office Act. The Senate convened as a court of impeachment on March 5, with Chief Justice Salmon P. Chase presiding. After weeks of testimony and argument, the senators reached their first decisive vote on May 16 in the Senate chamber.

The roll call concerned Article XI, which accused Johnson of conspiring to violate federal law and prevent Stanton from performing his duties. Thirty-five senators voted guilty and nineteen not guilty—one short of the thirty-six votes required for conviction. Seven Republican senators joined all twelve Democrats in voting to acquit. The Senate immediately recessed for ten days before reconvening on May 26.

Aftermath

On May 26 the Senate took identical 35–19 votes on Articles II and III and again fell short of conviction. With no prospect of reaching the required majority on the remaining articles, the trial was adjourned sine die. Johnson completed his term in office and was not renominated by his party in 1868.

The outcome left the executive branch intact but underscored Congress’s willingness to use impeachment as a political weapon during Reconstruction.

Legacy

The narrow acquittal established a lasting precedent that presidents should not be removed from office solely for policy disagreements with Congress. It reinforced the constitutional separation of powers and the principle that impeachment requires evidence of serious misconduct rather than mere political conflict.

Historians have viewed the episode as a turning point that temporarily strengthened congressional dominance in national affairs while preserving the independence of the executive branch during the fragile period of national reunification.