t his defense to lawyers, who easily proved that the president’s purpose in removing Stanton had been to test the constitutionality of the Tenure of Office Act. Johnson’s lawyers argued that the act did not pertain to Stanton, since he had been appointed by Lincoln, not by Johnson. The act applied to Cabinet officers, but only for the term of office of the president who had appointed them. On May 16 and May 26,1868,the Senate voted on three articles of impeachment. The Radicals had been pressing hard for a solid Republican vote, which would have given them more than two-thirds majority required for conviction. Surprisingly seven Republicans joined 12 Democrats in voting against conviction. The final count of 35 to 19 was one vote short of the two-thirds majority needed for a conviction. Johnson was acquitted. ...
