Page "Andrew Johnson" Paragraph 69

On March 5, 1868, the impeachment trial began in the Senate and lasted almost three months ; Reps. George S. Boutwell, Ben Butler and Thaddeus Stevens acted as managers ( prosecutors ) for the House and William M. Evarts, Benjamin R. Curtis and Attorney General Henry Stanberry served as Johnson's counsel ; Chief Justice Chase served as presiding judge.

Johnson's defense relied on the provision of the Tenure of Office Act that made it applicable only to appointees of the current administration.

Since Lincoln rather than Johnson had appointed Stanton, the defense maintained the president had not violated the Act.

The defense also argued that the President reserved the right to test the constitutionality of an act of Congress, in good faith.

Johnson's counsel were adamant that he make no appearance at the trial or public comments about the proceedings, and he complied.