In August 1867, with the Senate out of session, Johnson made his move against Stanton, suspending him pending the next session of the Senate. When the Senate convened on January 13, 1868, it refused, however, to ratify the removal by a vote of 35–6. Notwithstanding the vote, President Johnson appointed General Ulysses S. Grant as Secretary of War because he wanted, by such action, to create a case through which to challenge the legitimacy of the Act before the Supreme Court. Proceedings began within days to move toward the impeachment of Johnson, the first impeachment of a United States President. After a three-month trial, Johnson narrowly avoided removal from office by the Senate by a single vote. Stanton resigned in May 1868.