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Illustration of Johnson's impeachment trial in the United States Senate, by Theodore R. Davis, published in Harper's Weekly
Illustration of Sergeant at Arms of the United States Senate George T. Brown delivering a summons for the impeachment trial to Johnson at the White House on March 7, 1868
Illustration of Johnson consulting with his counsel for the trial
On March 5, 1868, the impeachment trial began in the Senate and lasted almost three months; Congressmen George S. Boutwell, Benjamin Butler and Thaddeus Stevens acted as managers for the House, or prosecutors, and William M. Evarts, Benjamin R. Curtis and former Attorney General Stanbery were Johnson's counsel; Chief Justice Chase served as presiding judge.[158]
The defense relied on the provision of the Tenure of Office Act that made it applicable only to appointees of the current administration. Since Lincoln had appointed Stanton, the defense maintained Johnson had not violated the act, and also argued that the President had the right to test the constitutionality of an act of Congress.[159] Johnson's counsel insisted that he make no appearance at the trial, nor publicly comment about the proceedings, and except for a pair of interviews in April, he complied.