May 16, 1868
Congressional Globe
Mr. EDMUNDS. Mr. President, I move that the Senate now proceed to vote upon the articles according to according to the order of the Senate just adopted.
Mr. FESSENDEN. Before that motion is made, I wish to make a motion that the voting be postponed for half an hour, and I will state the reason why I make it as the Senator from Michigan {Mr. Chandler" stated the other day. I saw Mr. GRIMES last evening , and he told me that he should certainly be here this morning. It was his intention----
Mr. JOHNSON. Will the honorable member permit me to interrupt him for a moment? He is here.
Mr. FESSENDEN. I thought he was not.
Mr. JOHNSON. I have sent for him. He is downstairs. He will be in the Chamber in a moment. Here he is.
Mr. Grimes entered the Senate Chamber.
MR. FESSENDEN. I withdraw the motion.
The CHIEF JUSTICE. The Senator from Vermont will please to put his motion in writing.
Mr. DAVIS, (after a pause.) Mr. Chief Justice, we understand the motion made by the Senator from Vermont, and there is no necessity for having it reduced to writing.
Mr. EDMUNDS. I have reduced it to writing, and send it to the Chair.
The CHIEF JUSTICE. The motion will be read.
The Chief Clerk read as follows:
Ordered, That the Senate now proceed to vote upon the articles, according to the rules of the Senate.
The order was agreed to.
The CHIEF JUSTICE. By direction of the Senate the Chief Justice admonishes the citizens and strangers in the galleries that absolute silence and perfect order are required. It will be matter of unfeigned regret if any violation of the order of the Senate should necessitate the execution of its further order, that the persons guilty of disturbance be immediately arrested.
Senators, in conformity with the order of the Senate, the Chair will now proceed to take the vote on the eleventh article, as directed by the rule. The Secretary will read the eleventh article.
[The Chief Clerk read ARTICLE XI]
The CHIEF JUSTICE. Call the roll.
The Chief Clerk called the name of Mr. Anthony.
Mr. ANTHONY rose in his place.
The CHIEF JUSTICE. Mr. Senator Anthony, how say you? Is the respondent, Andrew Johnson, President of the United States, guilty or not guilty of a high misdemeanor, as charged in this article?
Mr. ANTHONY. Guilty.
[This form was continued in regard to each Senator as the roll was called alphabetically, each rising in his place as his name was called, and answering "Guilty" or "Not guilty." When the name of Mr. Grimes was called, he being very feeble, the Chief Justice said he might remain seated; he, however, with the assistance of friends rose and answered. The Chief Justice also suggested to Mr. Howard that he might answer in his seat, but he preferred to rise.]
The call of the roll was completed with the following result:
The Senators who voted "Guilty" are Messrs. ANTHONY, CAMERON, CATTELL, CHANDLER, COLE, CONKLING, CONNESS, CORBETT, CRAGIN, DRAKE, EDMUNDS, FERRY, FRELINGHUYSEN, HARLAN, HOWARD, HOWE, MORGAN, MORRILL of Maine, MORRILL of Vermont, MORTON, NYE, PATTERSON of New Hampshire, POMEROY, RAMSEY, SHERMAN, SPRAGUE, STEWART, SUMNER, THAYER, TIPTON, WADE, WILLEY, WILLIAMS, WILSON, and YATES--- 35
The Senators who voted "Not Guilty" are Messrs. BAYARD, BUCKALEW, DAVIS, DIXON, DOOLITTLE, FESSENDEN, FOWLER, GRIMES, HENDERSON, HENDRICKS, JOHNSON, McCREERY, NORTON, PATTERSON of Tennessee, ROSS, SAULSBURY, TRUMBULL, VAN WINKLE, and VICKERS--- 19
The CHIEF JUSTICE. The Secretary will now read the first article.
Mr. WILLIAMS. Mr. Chief Justice, I move that the Senate take a recess for fifteen minutes.
The motion was not agreed to.
The CHIEF JUSTICE, (to the Chief Clerk.) Read the first article.
Mr. WILLIAMS. Mr. President, I move that the Senate, sitting as a court of impeachment, adjourn until the 26th day of this month at twelve o'clock.
The CHIEF JUSTICE. The Senator from Oregon moves that the Senate sitting as a court of impeachment adjourn, until what day?
Mr. WILLIAMS. Tuesday, the 26th instant, at twelve o'clock.
Mr. JOHNSON. Mr. Chief Justice---
The CHIEF JUSTICE. No debate is in order.
Mr. JOHNSON. I only ask if it is in order to adjourn the Senate when it is pronouncing judgment? It has already decided upon one of the articles.
The CHIEF JUSTICE. The precedents seem to be, except in one case, and that is the case of Humphreys, that the announcement be not made by the presiding officer until after the vote has been taken on all the articles. The Chair will, however, take the direction of the Senate. If they desire the announcement of the vote which will has been taken to be now made he will make it . . . .
Mr. JOHNSON. I move, Mr. Chief Justice, that the vote be announced. That is in order, certainly.
Mr. CHIEF JUSTICE. If there be no objection, the vote on the eleventh article will be announced.
The Chief Clerk read the list of those voting "Guilty" and "Not guilty," respectfully . . . .
The CHIEF JUSTICE. Upon the article thirty-five Senators vote "Guilty" and nineteen Senators vote "Not guilty." Two thirds not having pronounced guilty, the President is, therefore, acquitted upon this article.
Mr. CAMERON. Now, Mr. President, I renew the motion that the Senate adjourn until Tuesday, the 26th instant . . . .
The CHIEF JUSTICE. On this question the yeas are 32 and the nays are 21. So the Senate, sitting as a court of impeachment, stands adjourned until Tuesday, the 26th instant, at twelve o'clock.
TUESDAY, MAY 26, 1868
The Chief Justice of the United States took the chair at twelve o'clock m.
The usual proclamation was made by the Sergeant-at-Arms . . . .
The CHIEF JUSTICE. The question recurs on the motion of the Senator from Maine, that the Senate sitting as a court of impeachment do now adjourn until Tuesday, the 23d day of June, and upon that question the yeas and nays have been ordered.
The question being taken by yeas and nays, resulted---yeas 27, nays 27; as follows:
YEAS---Messrs. Anthony, Cameron, Cattell, Chandler, Conness, Corbett, Cragin, Drake, Harlan, Howard, Howe, Morrill of Maine, Nye, Pomeroy, Ramsey, Ross, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey, Williams, Wilson, and Yates--- 27
NAYS---Messrs. Bayard, Buckalew, Cole, Conkling, Davis, Dixon, Doolittle, Edmunds, Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hendricks, Johnson, McCreery, Morgan, Morrill of Vermont, Morton, Norton, Patterson of New Hampshire, Patterson of Tennessee, Saulsbury, Trumbull, Van Winkle, and Vickers--- 27.
The CHIEF JUSTICE. Upon this question the yeas are 27 and the nays are 27; so the motion is not agreed to.
Mr. WILLIAMS. Mr. President, I move that the Senate proceed to vote upon the second article of impeachment.
The CHIEF JUSTICE. The Senator from Oregon moves that the Senate do now proceed to vote upon the second article . . . .
The CHIEF JUSTICE. There being now no order relating to the order in which the articles shall be taken, the Chief Justice thinks it is in order. Senators, you who agree to the motion proposed by the Senator from Oregon, that the Senate do now proceed to vote upon the seond article of impeachment, will say ay; those of the contrary opinion no. [Putting the quesion.] They ayes appear to have it. The ayes have it, and the motion is agreed to.
The Chief Justice will again admonish strangers and citizens in the galleries of the necessity of observing perfect order and profound silence. The Clerk will now read the second article of impeachment.
The Chief Clerk read as follows:
[The Chief Clerk read ARTICLE II]
The name of each Senator was called in alphabetical order by the Chief Clerk; and as he rose in his place the Chief Justice propounded the following question:
Mr. Senator___________, how say you, is the respondent, Andrew Johnson, President of the United States, guilty or not guilty of a high misdemeanor as charged in this article of impeachment?
The call of the roll having been concluded, the Senators who voted "Guilty" are: Messrs. ANTHONY, CAMERON, CATTELL, CHANDLER, COLE, CONKLING, CONNESS, CORBETT, CRAGIN, DRAKE, EDMUNDS, FERRY, FRELINGHUYSEN, HARLAN, HOWARD, HOWE, MORGAN, MORRILL of Maine, MORRILL of Vermont, MORTON, NYE, PATTERSON of New Hampshire, POMEROY, RAMSEY, SHERMAN, SPRAGUE, STEWART, SUMNER, THAYER, TIPTON, WADE, WILLEY, WILLIAMS, WILSON, and YATES--- 35
The Senators who voted "Not Guilty" are Messrs. BAYARD, BUCKALEW, DAVIS, DIXON, DOOLITTLE, FESSENDEN, FOWLER, GRIMES, HENDERSON, HENDRICKS, JOHNSON, McCREERY, NORTON, PATTERSON of Tennessee, ROSS, SAULSBURY, TRUMBULL, VAN WINKLE, and VICKERS--- 19
The CHIEF JUSTICE. Thirty-five Senators have pronounced the respondent, Andrew Johnson, President of the United States, guilty; nineteen have pronounced him not guilty. Two Thirds not having pronounced him guilty, he stands acquitted upon this article.
Mr. WILLIAMS. Mr. President, I move that the Senate now proceed to vote upon the third article.
The motion was agreed to.
The CHIEF JUSTICE. The Secretary will read the third article.
The Chief Clerk read the third article of impeachment, as follows . . . .
[The Chief Clerk read ARTICLE III]
The roll was called as before, and as each Senator rose in his place the Chief Justice propounded this question:
Mr. Senator___________, how say you, is the respondent, Andrew Johnson, President of the United States, guilty or not guilty of a high misdemeanor as charged in this article? . . . .
The CHIEF JUSTICE. Thirty-five Senators have pronounced Andrew Johnson, President of the United States, guilty, as charged in this article; nineteen have pronounced him not guilty. Two thirds not having pronounced him guilty, the President of the United States stands acquitted upon this article.
Mr. WILLIAMS. Mr. President, I move that the Senate, sitting as a court of impeachment, do now adjourn sine die.
Mr. BUCKALEW. I ask for the yeas and nays on that motion.
The yeas and nays were ordered and taken.
The roll was called, and the result was as follows:
YEAS--- Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade, Willey, Williams, Wilson, and Yates--- 34.
NAYS--- Messrs. Bayard, Buckalew, Davis, Dixon, Doolittle, Fowler, Henderson, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury, Trumbull, and Vickers--- 16.
The CHIEF JUSTICE. Before announcing the Vote the Chief Justice will remind the Senators that the twenty-second rule provides that if "upon any of the articles presented" the impeachment shall not "be sustained by the votes of two thirds of the members present" a judgment of acquittal shall be entered."
Several Senators. We cannot hear.
The CHIEF JUSTICE. The Chief Justice begs leave to remind the Senate that the twenty-second rule provides that "if the impeachment shall not, upon any of the articles presented, be sustained by the votes of two thirds of the members present, a judgment of acquittal shall be entered."
Mr. DRAKE. I suggest, Mr. President, that that was done when the President of the Senate declared the acquittal upon each article.
The CHIEF JUSTICE. That is not the judgment of the Senate; but if there be no objection, the judgment will be entered by the Clerk.
Mr. HOWARD. Not at all.
Mr. SUMNER. Of course not.
Several Senators. There is no objection.
Mr. HOWARD. Let the vote on adjournment be announced . . . .
The CHIEF JUSTICE. Upon the question of adjournment without day the yeas are 34 and the nays are 16. So the Senate sitting as a court of impeachment for the trial of Andrew Johnson upon articles of impeachment presented by the House of Representatives stands adjourned without day.