January 16, 1868 House Votes to Impeach President Andrew Johnson

The House didn't impeach Andrew Johnson on January 16, 1868 — that date is incorrect. The actual impeachment vote happened on February 24, 1868, when the House voted 126–47 to make Johnson the first U.S. president ever impeached. The trigger was his removal of Secretary of War Edwin Stanton, which violated the Tenure of Office Act. If you want the full story, there's a lot more to uncover.

Key Takeaways

• The House voted to impeach President Andrew Johnson on February 24, 1868, not January 16, 1868, by a vote of 126–47.
• The impeachment was triggered by Johnson's removal of Secretary of War Edwin Stanton on February 21, 1868.
• Johnson's removal of Stanton violated the Tenure of Office Act, which prohibited removing Senate-confirmed officials without Senate approval.
• Nearly every Republican voted for impeachment, while every Democrat who cast a ballot voted against it.
• The House adopted eleven articles of impeachment, covering Tenure of Office Act violations, conspiracy charges, and broader constitutional breaches.

What Led to Johnson's Impeachment in 1868?

The impeachment of Andrew Johnson in 1868 stemmed primarily from his decision to remove Secretary of War Edwin Stanton from office on February 21, 1868, directly violating the Tenure of Office Act. Johnson tried replacing Stanton with Brevet Major General Lorenzo Thomas as secretary of war ad interim, making the appointment without Senate advice and consent — a move that triggered immediate political backlash.

The conflict didn't emerge overnight. Johnson's ongoing battles with Radical Republicans over Reconstruction policy had already strained cabinet dynamics and congressional relationships. When he defied the Tenure of Office Act, Republicans seized their opportunity. The House voted 126–47 on February 24, 1868, to impeach him, with nearly every Republican supporting the measure and all voting Democrats opposing it.

What Was the Tenure of Office Act, and Why Did Stanton's Removal Trigger Impeachment?

Passed by Congress in 1867, the Tenure of Office Act prohibited the president from removing Senate-confirmed officials without Senate approval — a direct legislative check on executive power. When Johnson removed Secretary of War Edwin Stanton on February 21, 1868, he shattered that constitutional tenure protection, setting an administrative precedent that Congress refused to accept.

Stanton's removal wasn't just politically provocative — it was the direct legal trigger that forced House Republicans to act. Johnson also attempted appointing Brevet Major General Lorenzo Thomas as interim secretary without Senate consent, compounding the violation.

Republicans argued that ignoring the Act undermined legislative authority entirely. Within days, the House voted to impeach, making Stanton's dismissal the central charge across multiple articles, particularly the first, which passed 127 to 42. The question of how far executive authority extends over administrative appointments has continued to shape legal debates, much as the judicial review of administrative decisions in Canada was later redefined by the landmark 2008 Dunsmuir v. New Brunswick ruling.

How the House Impeachment Vote Broke Down on February 24

Three days after Johnson dismissed Stanton, the House moved swiftly, voting 126–47 on February 24, 1868, to impeach the president.

Understanding the party dynamics reveals how decisive Republicans were in their vote strategy:

1. Nearly every Republican who voted supported impeachment, except Samuel Cary and Thomas E. Stewart.
2. Every Democrat who cast a ballot that day voted against impeachment.
3. 17 House members abstained entirely, choosing not to vote on the resolution.

The resolution itself was straightforward: "That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors."

You can see how partisan lines hardened completely, making this less a deliberative moment and more a politically predetermined outcome driven by Republican majority power. Just two years later, a similarly decisive political moment unfolded in Canada, when Louis Riel's provisional government executed Thomas Scott in 1870, inflaming political tensions across the nation and prompting Ottawa to dispatch the Red River Expedition.

Which Republicans Broke Ranks Against Impeachment?

Among the Republicans who voted that day, only two broke ranks: Samuel Cary of Ohio and Thomas E. Stewart. Their Republican dissent stood out sharply against the near-unanimous party support for impeachment. You might wonder what drove these two men to vote differently from their colleagues.

Their political motives likely reflected personal reservations about the legal strength of the charges or concerns about the constitutional implications of removing a sitting president over a disputed law. The Tenure of Office Act itself remained legally controversial, giving skeptical Republicans a reasonable basis for opposition.

While their dissent didn't change the outcome—the resolution passed 126 to 47—Cary and Stewart demonstrated that even within a unified party, individual conviction could override political pressure. In a similar display of individual conviction overriding group pressure, Team Rubicon volunteers who assisted Fort McMurray wildfire recovery trained 300 local volunteers in salvage safety despite the scale and complexity of the disaster.

What Did the Eleven Articles of Impeachment Actually Charge?

Once the House voted to impeach, it adopted eleven articles of impeachment laying out specific charges against Johnson. The articles carried significant constitutional theory and historical symbolism, targeting his defiance of congressional authority.

Here's what the charges actually covered:

1. Articles 1–3 charged Johnson with violating the Tenure of Office Act by removing Secretary Stanton and appointing Lorenzo Thomas without Senate consent.
2. Articles 4–7 accused Johnson of conspiring with Thomas to illegally strip Stanton of his rightful position.
3. Articles 8–11 addressed appointment violations, conspiracy charges, and broader constitutional breaches.

The House approved the first nine articles on March 2, 1868, and finalized the remaining two on March 3. Together, they framed Johnson's defiance as a direct assault on legislative power.

How Did the Johnson Impeachment Trial Work in the Senate?

With the articles of impeachment formally adopted, the case moved to the Senate, where the actual trial to remove Johnson from office would play out. The senate procedure began on March 5, 1868, with Chief Justice Salmon P. Chase presiding. You'd notice that Republicans already held more than the two-thirds majority needed for conviction, making the jury dynamics particularly significant.

The trial ran through May 26, 1868, but senators ultimately voted on only 3 of the 11 articles. On May 16, the Senate voted 35 to 19 to convict on the first article—one vote short of the required 36. Seven Republican senators broke ranks and voted "Not Guilty," saving Johnson's presidency. The Senate then adjourned sine die, leaving the remaining eight articles unresolved.

Why the Senate's Impeachment Vote Fell One Short of Conviction

The seven Republican senators who broke ranks proved decisive—their "Not Guilty" votes held the conviction tally at 35, one short of the 36 needed to remove Johnson from office.

Their votes reflected both political courage and senatorial independence in the face of enormous party pressure. Consider what that single-vote margin revealed:

1. Party loyalty had limits—even radical Republicans couldn't guarantee unanimous caucus support
2. Procedural finality mattered—the Senate adjourned sine die, leaving eight articles permanently unvoted
3. Consequences followed quickly—Stanton relinquished his position after the third acquittal vote on May 26, 1868

You can see how one vote reshaped history. Johnson completed his term, though in diminished capacity, never fully recovering his political authority. Decades later, Canada would similarly demonstrate that legal accountability can extend beyond criminal frameworks, as seen when civil remedies for victims were formally codified through the Justice for Victims of Terrorism Act in 2012.

What Happened to Johnson and Stanton After the Acquittal?

Johnson limped through the remainder of his term in diminished capacity, stripped of real political authority after the acquittal. His post-acquittal presidency carried little weight, as Congress effectively sidelined him on Reconstruction decisions. His public reputation never recovered, and he left office in March 1869 without securing his own party's presidential nomination.

Stanton's return to center stage ended quietly. After the Senate's third acquittal vote on May 26, 1868, Stanton relinquished his position as Secretary of War, recognizing his continued tenure had become politically untenable.

His career end came swiftly—President Ulysses S. Grant later nominated him to the Supreme Court, but Stanton died in December 1869 before he could serve, closing a turbulent chapter for both men.

Why Johnson Still Matters as America's First Impeached President

His trial revealed three enduring lessons:

1. Congressional power has limits — even a determined supermajority couldn't remove a president without sufficient votes.
2. Partisan pressure doesn't guarantee conviction — seven Republican senators chose conscience over party loyalty.
3. Impeachment reshapes executive behavior — future presidents govern knowing Congress holds this ultimate check.

You're witnessing Johnson's real legacy whenever impeachment debates resurface. He normalized the process while simultaneously proving its difficulty.

That tension between congressional authority and presidential independence defines American governance to this day. Similarly, political history is shaped by unexpected leaders, such as Joe Clark, who became the youngest person to ever lead Canada after securing the Progressive Conservative Party leadership in 1976.