AS REPUBLICAN SENATORS voted on the legal issues involved in rejecting and accepting evidence, it became apparent that a large number of them would not vote guilty on all the articles. Many concluded that impeachment lay only for a positive violation of law and dismissed Butler's tenth article, which alleged no such violation. A large number decided that Johnson had never intended to use force to remove Stanton and would therefore vote against Article IX and probably Articles VI and VII as well. The Senate had refused to accept evidence the managers offered to prove Article VIII, and that too would probably fall. 1. Moreover, a number of Republicans had shown signs of accepting the defense argument that the President should not be removed if he violated the Tenure of Office Act only to raise a court case. Combined with Democrats and Johnson Conservatives, these were more than enough to prevent the President's removal. Senator Samuel C. Pomeroy carefully canvassed the Senate and determined that only about twenty-five of the forty-two Republican senators intended to convict on all the articles. 2.
By mid-April, Republicans suspected that impeachment might fail. Senator Joseph S. Fowler clearly signified his intention of voting not guilty, leaving his seat each day as the Senate resolved into a quasi-court to try the impeachment and taking a new place among the Democrats. Grimes, too, freely ac‐____________________