He was the only sitting senator from a Confederate state who did not resign his seat upon learning of his state's secession. Johnson continued his opposition to spending, chairing a committee to control it. Johnson appointed nine Article III federal judges during his presidency, all to United States district courts; he did not appoint a justice to serve on the Supreme Court. In April 1866, he nominated Henry Stanbery to fill the vacancy left with the death of John Catron, but Congress eliminated the seat to prevent the appointment, and to ensure that he did not get to make any appointments eliminated the next vacancy as well, providing that the court would shrink by one justice when one next departed from office. Johnson appointed nine Article III federal judges during his presidency, all to United States district courts; he did not appoint a justice to serve on the Supreme Court.