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A. J. GERtift§bN p
7 rC.ViOtts r
tmOltAt .- HMER - r..':"
THE PRESIDENT'S ANSWER
MMIMNIM
WASHINGTON, March 23.
The following IS' the answer of tit e Prem.
dent to the- 'artieleenf' 'impeachment as
read before:the High)tiourt to
To the Senateof the United States sit=
tine as a court ofintrearhtnent for the tri- I
al of AndreteJohilioui , ;l"Asident of the
United States.:, ,
The answer,octhe said:. Andrew. Johre.„'
900; President - of' tW Unite d
.. , *at.es . to 1
the articles TmPeatlnuent
agaittst hitri'hy . th'e - hoittin of Represents= - 1
tires of the United States:- • - '
Answer:to article t. For answer to the , i
first article he says that Edwin '
ton was appointed. 'Secretary for the De
partment of War on the 150. day of 'Jan
uary, 1862, by Abraham Lincoln, - then
President of the United ;States, during
the first term ,of Ws, Presitienn.Y4 and was
commissioned according to the. Conotitu-.
tion and theliws of the United States to.
hold said offtee dittiug ;he p!eastiie of the
President ;•;tlMttlie'offieia of Secretary for
the Department of War was crp,ned by
an act of tho,First-Congtess.in its first
svosion,,passed on the 7,h day of August
A: D., 178 p,. td in and by that act it was,
providettand.enacted (hat the said Secre
tary-for the' Department' of Wfir shall per=
form. And execute such 'duties asshal I from
time ite time . he enjoined, on and intrusted,; laws of the United States, it was impossi •
to him
_by the ;President of the Uhited,; We, consistently with the public interestg,
S'atesi,agreeabry to ilie Constitution, ref- i toa low the said Stanton to continue to
atitte inibestitijebis Within the scope of , hold the said office of Secretary for the '
the said department ;' and- fortherinorei : deptatment 'of war; and it then became]
that- the , saidt Secretary shall-conduct the OW o fficial - duty of the respondent, as,
busines . B9f the.said department in such a President of the United States, to consid-1
manner as
,tlte, President of: the United ler-and decide what act or acts should and
States sball 'Wont time to time order and I might lawfUlly be done by him, as Pre+ i
instruct; and iliia responden't, further an: dent of the United States, to cause thb i
swering, says that, by force of the act- I said Stanton to :surrender: the said office.l
aforesaid and by .reason:cf his appoint- , This respondent was informed, and ye- •
iticAtt, the said
,Stantonbm.unne, the priuci-j rily believes, that it was praetically set-
1,31 officer in, One of the Execnt ive.Th:part. I tied' by the hest - Congress of the United
ants of the 'goVeimmerit Within the true- States; - 'and had •beeti so considered and
.otont and meaningOf the si-cond section') unifsiritily . and in grvat numbers of instan- ,
4 the second article of the Constit t it ion 'i cos, acted on by each Congress . and. Pres-
I' the Vnitpd:Skatet4; amt-AcCording - to , I Went of the United States in succession,'
~,- intent and meaning of that provisiep. front Preisidetit Washington to and inciu
. he Cons . titntion of the
_United States, "
ding President Lincoln, and from the first
ad , t in aceortlatiA'iVitli the ' 'settled and Conticresti;:tti the 'thirty' ninth Congress;
urtiform practide of each 'and' every Presi. , that. the COnstititt ion 'of the'Unit l ett States
d e nt of the. United States, the said- Stan- conferred ort the President, as part of the
ion then...becarne 4 and so tong ,as he' erecutivepower, and as one or the neces
• took' continue to hold the said office of., wiry means and instruments'of performing
Secretary for the Department 'of War, I the executive ditty 'expressly imposed on
, 111 .4 continue to he o , l e ( irth e id v i eers ' e r Wm by the Constitution of taking care
:le President of the United • Stales, as i that thelawis be faithfully executed,,the
veil as the person intrusted toact-for and I power at any and a'l limes of removing
represent the 1 - 'resident- hi matters
. enjoin- J i from'office all executive office'rs fur cause
-1 upon him or, intrusted to him by the ! to be
_judged °Eby the President alone.
President touching the department afore: Thts respondent had, in pnrsuance of
ofd, and for whose conduct in such caps- jj the Constitution, regeired the opinion of
rit y subordinate to the •President,'-the I each 'principal officei* of the executive de-
. . .
President is :by the Constitution and laws: parupon.ents upo this question of' consiiiti
~t. the United States, made, responsible; j tional executive power and duty, and had
and this respondent further ausweringo been advised by each of them, including
says ;—He succeeded to the office of Pres- 1 the said Stanton, Secretary for the De
'dent of thelTnited Stites upon and by 1 part nient of war, that under the Constitu
reason of the death . of Abraham Lincoln,.l tine of the Uniied States this power iva.4
then President-of- the United -States, on i lodged by the Constitution in the Presi
:he poi day of April, i d 6,5, and the said j dent of the United - States, and that con
stanton was then ;tolling:the said office : secptently it could be lawilily exercised by
A Secretary'for the Dej..at talent of War, l HUI, arid that Congress could not deprive
under and by reason of' the ' appointment 1 him thereof; ind this respondent, in his ca
and commission aforesaid, and not having • pacityof President of the United States,
t., e n relliov.eil froin the said office- by this and because 'in that capacity, be was both
~ .-pendent, the said Stanton continued to enabled, and bound to nse his best judg-
y.id the same under the appointment and I went upon this question did, in good faith
~m missitin' aforesaid, at the Pleasure of j and with an hottest desire to arrive at the
ate President, until' thelime hereinafter I truth, come 4..0 the conclusion and opinion,
tonientarlytrientioned,rand'at-mnimereil and did make the same known to, the hon
ettred any appointment or commission, I orable the Senateof the United States,
eve as above detailed.: -: - , -.i? , •- . by a message dated ()tithe second day of
And thiS respondent further answering, March.. f 867, a . trite . copy whereof is here
tars that on and prior to the fifth day of unto annexed and marked A, that the
August., A. D.. 1867, this respondent, the' power last mentioned was 'cOnferred, and
President of the United States, responsi- theAuty etlexeroising,it: in • &oases Ayes
-
hie for the conduct of the Secretary for imposed on-the . Presidenkby
_Alle.Constits.
:he Department of.,wakand-- having the tutiori of thernitentates, and that the
constitutional right - A°
. resort ,to and rely, President could not; .be :deprive& of' this
1 upo n th e person holding that office for ad: power
. or.relleved of this duty; : nor' &Add
1 . nee concerning , , the great and difficult' the same be vested by law in the Presi
public duties enjoined on the President by dent and the Senatekintly, either in-part
the Constitution and laa'S' of the United or whole, and titialiasever since remained
.ates, became satisfied that be could not and was the opinion of this respondent at
lb w the said Stanton to:di:inflate teThcild the titne.when.he was forced, as aforesaid
the office ofSecretaryfer'the department to . consider:and s 'ileeide what act, or acts
of war without -bnazard-.- of-the public in- :should an& . might lawfully be doneby this.
terest; that the relations between the said respondent,' as President of 'the United
Stanton and:the President no lon#er pei. - , to canse:the. said-Stantnn to surrender the
mated the President to resort , to him for said oftlee. •,„' This.respondent was alsotheu
Ovine; or to be; inAhe "judgment_ of the, aware that bytho - first- section of an act
, President safely' responsihln:for ..his con- , regulating ; the•tentirnOf 'Certain civil of=
duct of the affairs of - ;thedeoartrrient pf iiees,Passed 'March 2;1867, by' a constitti
vat, as by law required,.; in' accOrdence : tionatmajority of:: both Houses of Con
,,', vith theorders and instrontinns• - 'of: , the giess,it:,:was enacted as follows :,---
Poosideit. ' =-:-' ' --- That every nerson
", '
~: ..., 0 _..; . holding any civil of
therinpon, by ; forae - .0. the .Coiiiiti-: flee to whioh. fie', has been appointed by
-;;,. salon and laws of :the:.United States, at:o'l.oth the advice and consent of the
. :i . , * e h devoivojAiil4:PiesidentAbe.pnw-,
E. Senateilind every person who shall here.
Er
and the duty" , tooontrot . the conduct:of 'afterbeapPiOnted ' to anY etieb office, and
shall becorenduly qualified to act therein,
5 the business of that executive-department
of the government , ' 'd by'''` ''' .''f th
an
. seattori o e
iii'and ibiatie entitled to holdsuch office
k. Vstitutional duty of :the. President.to until'itsitecetisnrtthall have • been in like
f- 4.e car* that the laws -be NthfallY exii,. manner appointed and duly. 'Pal tfied , ex
-11; tied tbis' res d t 'dd '' . .1 • cept asberetn otherwise 'provided. * a
, _ _ . on d en t 1,
.. pecessa,rt r 4 . , - - - - .. . •
.:-.
consider and diadeterrnitie. that ..th`e -Raid' - 1 ; - ; Provided; .That thesSecretary of
-*
''.' Stanton tatiglXitii longer to : hold'the 6,14:• State, of the Treasury, of War, of the Na
,cifa -
ce
.ofSecretaryfor, the Depart Meat ii Fl t ,tind,of op., Interior, the Postmaster
'..._ 'ear, and this respondent, by virtue of t he Generit'ana . t he. Attorney General, shall
,
wer and . authority vested in ti'M as hOl&their . Ofdeesiespectively. fur and -du
resident of the United States by -thislinelbelel' i 4' d 41° Pilitd6ni by whom
f
i: , thistitution and laws of the 'Unit states 1.11'4-ylittailiav,o..boti4ppoieted, and for one
1 0
i , . give'effectto Such; ,144e0itilon and de- '1316401 thereafterOinbject to removal by
<
ininatiotr
,4id, on the zt:h' day.. o f Au:sed*ith . tWadttice . ...and .conoeut -of the
,".. 'Pit A. D. 1867; address to the siidStni. .Senate.
toff allow; of which the following is's trite
copy
- Sir coa . piderations of a high
clialOter•coilatr:airi 'the to say that your
resignation 'asiSeeretary of war will be ye
.
.11
o Which note the said Stanton made
the telleiving !reply
WAR. DEPARTMKST,
W.441110gt01i . , Aug. 5, 1867.
Sir ;—Your: note of this day has been
I . ceivedistating that public considerations •
of a higlt.character constrain, you to say
that,my,rettignation as Secretary of vvar
v . .-01 be accepted. •In reply, I have the
honor to say that public considerations of
a high'character, which alone have induc
ed mu to continue at the head of this de
partment, constrain me not to resign the
office of Secretary of war before the next
meeting, of Congress.
Very yespectfully, yours,
(Signed.) ; , .EDWIN M. STANTONO
Thisrespondent, as President of the 'tr..,
States, wait thereon of opinion that, hay:
ing regard to the necessary official r4ta.
thins and duties of the Secretary for the
department, of war to tire President of the
United States, according to the Constitu
tion and laws of the United States, and
having regard to the responsibility' of the
President for the said Secretary; and hav
ing regard to the paramount executiVe
authority of office which the respot
dent holds under the Constitution and
moNptosE, PA., TUESDAY, MARCH 31, 1868.
This respondenoWas also aware that
this act was undehthoa and intended to
Le an expression OCl,hoopinion-of theCon
wren by • which that apt - was passed; that
Tress
power to remove 1-:executive officers, I
for cause might, by larlrt4;be taken from the
President, and vested g itchilit and the Sew
ate jointly; and although;this respondent
had arrived at and still letained the opin
ion above expressed, and4Oritably he- 1
lieved s as he still believes,cihat the said
first section of the last menutined , act-was
and is wholly inoperative ktid- void, by I
reason of its conflict with thei'Constitution
of the United States; yet, ifittsmuch as
the same had been enacted by the consti
tutional majority in each of the two howl
ses of that Congress, this respondent con
sidered it to be proper to be examined
and decided whether the particular ease
of the said Stanton,- on which it was this
respondent's duty to act, was within or.
without the terms of that first section of
the act, or if within it, whether the Presi
dent had not the power, according to the
terms of the del, to remove the said Stan
ton from the office of Secretary for the de
partment of war,.and having, in his cepa—
city of President of the United States, so
examined and considered, did form the
opinion that the case of the said Stanton
and his tenure of office were not affected
by the first section of the last named act.
And this respondent further answerin g ,
says, that although a case thus existed
which, in. his judgment, as President of
the United States, called for the exercise
of the executive power to remove the said
Stanton from the office of Secretary for
the department of war; and although this
respondent was of opinion, ate is above
shown, that ender the Constitution of the
United States the power to remove the
said Stanton from the said office was ves
ted in the-President of the United States;
and although this respondent was also of
the opinion, as is above shown, that the
case of the said Stanton was not affected
by the first section of the last trained act;
and although each of the said opinions had
been formed by this respondent upon an '
actual case, requiring him, in his capaci
ty of President of the United States, to
come to some judgment and determina
tion thereon, vet the respondent, as Pres
ident of the United States, desired •and
determined to avoid itpossible.any,qttes
tion of the construction and effect of the
said first section of the last named act, and
also the broader question of the executive
power conferred on the President of the
United States by the Constitution of the
United States to remove one of th.e princi
pal officers of one of the executive de
partments for cause seeming to him suffi
cient; and this respondent also desired
and determined that, if from causes over
which he could exert no control,it should
become necessary to raise and have in
some way determined either or both of
the said last named questions, it was in
accordance with the Constitution of the
lieited States, and was required of the
President thereby, that questions of so
much gravity and importance, upon which
the Legislature and executive Depart
ments
of the government had disagreed,
which involved powers considered by all
branches of the government during its en
tire history down to the year - 1,i67, to
have been confided by the Constitution of
the United States to the President, and
to be necessary for the complete and prop•
er execution of his constitutional duties,
should 'be in some proper way submitted
to that judicial -department of the gov
ernment intrusted by the Constitution
with the power, and subjected by it to
the duty, not only of determining finally
the Constitution and effect-of- . all acts3d
Congress, by, comparing them with the
Constitution, of the -United..States, and
pronouncing them inoperative ,wben found
in conflict with thatfundamental law which
the, people have enacted for the govern
ment of all their servants, and to theSe
ends:
First, That through the action' of the
Senate of the United States, the absolute
duty of the President to substitute some
fit person in the place of Mr. Stanton as
one of 'his advisers, who is
.as a principal
of a subordinate office, whose official con
duct he Was responsible fur, and had a
lawful right to control, might, if possible,
be accomplished without the necessity of
raising any one of the questions aforesaid;
and second, if these duties could not so
bd performed, then that these questions,
or such of them as might necessarily arise,
should be judicially determined in man
ner aforesaid, and for no Other'end or pur
pose. This respondent, as President of
the United States ' on the 12th day of Au
gust, 1867, seven days after the reception
of the letter of the said Stanton of the sth
of August, herein before stated, did issue
to the said Stanton the order following,
viz :
ExEcunvz MANSION,
WashiugLon, Aug., 12, 1867.
Sir :—By virtue of the power and au
thority vested in me as President by the
Constitntion and laws of the
,United
States, you are hereby suspended from -of
fice as Secretary of war, and will cease to
exercise any and all. functions pertaining
to the-same. ' You will at once transfer
to Gen.: Ulysses S. Grant, who has this
day been authorized and empowered 40
act as Secretary of war ad interim, all re
cords, books, papers, and - other public
property now in your custody and charge
Hon. E. M. Stanton,
Secretary of War.
To which said order the said Stanton
made the following reply :
Walt DEPARTMENT,
Washington City, Aug. 12,1867.
" Sir :—Your note of this date has been
received, informing me that, by virtue of
the powers vested in you as President by
the Constitution and laws of the United
States, I am suspended from office as Sec
retary of war; and will cease to exercise
any and all functions pertaining to the
same, and also directing me at once to
transfer to General Ulysses S. Grant, who
has this day been authorized and empow
ered to act as Secretary of War ad interim,.
all records, books, papers and other pub
lic property now in my custody and
charge. Under a sense of public ant) , I
am compelled to deny your right, under
- the Constitution and laws of the United
States, without the advice and consent of
the 'Senate, and without legal cause, to
suspedd me from office as Secretary of
War ter the exercise of any or all func
tions pertaining to the same, and without
such advice and consent to compel me to
transfer to any person -.the records, books,
papers and public properly in my custody
as Secretary; but inasmuch as the General
commanding the armies of the United
States has been appointed ad interim and
has notified me that he has accepted the
appointment, I have no alternative but to
submit, under protest to superior force.
" To the President."
And this respondent further answering
says that it is provided in and by the
second section of an act to regulate the
tenure of certain civil offices, that the
President may suspend an officer from the
performance of the duties of the office held
by him, for certain causes therein desig
nated, until the next meeting of the Sen
ate, and until the case shall be acted on
by the Senate; that this respondent, as
President of the United States, was ad
vised, and he verily believed and still be
lieves, that the executive power of remo
val from office confided to him by the
Constitution as aforesaid, includes the
power.of suspension from office at the
pleasure of the President; and this respon
dent, by the order aforesaid did suspend
the said Stanton from office, not until the
next. meeting of the Senate or until the
Senate should have acted upon the case,
but by force of the power and authority
vested in- him by the Constitution and
laws of the United States, indefinitely,
and at the pleasure of the President; and
the order, in form aforesaid, was made
known to tbe Senate of the United States
on the 12th day of December, A. D. 1867,
as will be more fully hereinafter stated.
And this respondent further answering
says in and by the act of February 12,
1795, it was among other things provided
and enacted that in case of vacancy in the
office of Secretacy for the department of
War, it shall be lawful for the President,
in case that he shall think it necessary to
authorize any person to perform the du
ties of that office, until a successor be ap
pointed, or such vacancy filled, bat not ex
ceeding the term of six months- '
and this
respondent being advised and believing
that such law was in full for, and not re
pealed, by an order dated August 12,
1867, did authorize and empower Ulysses
S. Grant, General of the armies of the U.
States, to act as Secretary of war ad inte
rim, in the form of which similar authori
ty had theretofore been given, not until
the next meeting of the Senate, and until
the Senate should act on the case, but at
the pleasure of the President, subject only
to , the limitation.of six months in the said
last mentioned act contained, and a copy
of the last named order was made known
to the Senate of-the United States on the
12th day of December, 1867, as will
- be
hereinafter more fully stated,and in pursu
ance of the design and intention aforesaid
if it should become necessary, to submit
the said question to a judicial determina
tion, this respondent, at or near the date'
of die last mentioned order, did make
known such his purpose to obtain a judi
cial decision of the said questions, or such
of them as might be necessary; and this
respondent further answering, says. that
in further pursuance of his intention and
design, if possible, to perform what ho
judged to be his imperative duty to pre
vent the said Stanton from longer holding
the office of Secretary for the Department
of war, and at the same time avoiding, if
possible, any question respecting the ex
tent of the power of removal from execu
tive office confided to the President by the
Constitution of the United states, and
any question respecting the construction
and effect of the first section- of tho said
" act regulating the tenure of certain civ
il officers," while he should not by any
act of his abandon and relinquish either a
power which he believed the Constitution
had conferred on the President of the U.
states to enable him to perform the duties
of his office, or a power designedly left to
him-by the first section of the act of Con
gress last aforesaid, this respondent did
on the 12th day of December, 1867, trans
mit to the senate of the United states a
message ; a copy whereof is hereunto an
nexed and marked B, wherein he made
knowii the orders aforesaid, and the rea
sons: which had induced the same,
so far
as this respondent then considered it ma
terial and necessary that the came should
be set forth, and reiterated his vitiws con- !
cerning the constitutional power of remo- !
val vested in the President, and also ex
pressed his views concerning the construe
tion'of the said first section of the last
mentioned act as respected the power of
the President to remove the said Stanton
from the said office of Secretary for the
Department of war, well, hoping that, this
respondent could thus perform what he
then believed and still believes to be the
imperative duty in reference to the said
Stanton, without derogating from the
powers which this respondent believed
were confided to the President by the
Constitution and laws, and without the
necessity of raising judicially any questions
respecting the same. And this respon
dent, further answering, says that this
hope not having been realized, the Presi
dent was compelled either to allow the
said Stanton to resume the said office and
remain therein, contrary to the settled
convictions of the President formed as
aforesaid, respecting the power confided
to him and the duties required of him by
the Constitution of the United States, and
contrary to the, opinion formed as afore
said, that the first section of the last men
tioned act did not affect the case of the said
Stanton, and contrary to the fixed belief
of the President, that he could no longer
advise with or trust, or be responsible for
for the said Stanton in the said office of
secretary for the department of war, or
else he was Compelled 'to take such steps I
as might, in the judgment of the President
belawful and necessary
. to raise for a ju
dicial decision the questions affecting the
lawful right of the said Stanton to resume
the said office, or the - power of the said
Stanton to persist in refusing to quit the
said office, if he should persist in actually
refusing to quit the same; to thiand and
and to this only, this respondent did, on
the 21st day of February 1868, issue the
order for the removal of the said Stanton,
in the said first article mentioned and
set forth, and the order authorizing the
said Lorenzo Thomas to act as Secre
tary of war ad interim in the said second
article set forth; and this respondent pro
ceeding to answer specifically each sub
stantial allegation in said first article says :
He denies that the said Stanton on the
2let day of February, 1868, was lawfully
in possession of the said office of Secreta
ry for the department of war. 'He denies
that the said Stanton on the day last men
tioned was lawfully entitled to hold the
said office against the will of the Presi
dent of the United States. He denies that
.the said order for the removal of the said
Stanton was unlawfully issued. He de
nies that the said order was issued with
intent to violate the act entitled " An act
to regulate the tenure of certain civil offi
ces. He denies Chat the said order was
a violation of the last mentioned act. IA
denies that the said order was a violation
of the Coustitution of the United States,
or of any law thereof, or of his oath of
office. He denies that the said order was
issued with an intent to violate the Con
stitution of the United States, or any law
thereof, or of this respondent's oath of of
fice ; and he respectfully but earnestly in
sists that not only was it issued by him in
the performance of what he believed to be
an imperative official duty, but in the per
formance of what this honorable court
will consider was in point of fact an im
perative official duty; and he denies that
any and all shbstantive matters in the, said
int article contained, in manner and form
as the same are therein stated and set
forth, do by law constitute a high misde
meanor in office within the true intent and
meaning of the Constitution of the United
States.
ANSWRE TO ARTICLE 2
For answer to the second article this
respondent says, that he admits he did is
sue and deliver to the said Lorenzo Thom
as the said writing set forth in said sec
ond article, bearing date at 'Washington,
D. C., February 21, 1868, addressed to
Brevet Major , General Lorenzo Thomas,
adjutant general U. S. army, Washington;
and he further admits that the same was
so issued without the advice or consent of
the Senate of the United States, then in
session, but ho denies that he thereby vio
lated the Constitution of the United
States or any law thereof, or that he did
thereby intend to violate the Constitu
tion of the United States or the provis
ions of any act of Congress ; and this re
spondent. refers to his answer to said first
article for a full statement of the purpos
es and intentions with which said order
was issued, and adopts the same as a part
of his answer to this article ; and further
denies that there was then and there no
vacancy in the said office of Secretery for
the department of war, that he did then
and there commit or was guilty of a high
misdemeanor in office, and this respond
ent maintains and will insist :
First, that at the date and delivery of
said writing, there was a vacancy exist
ing in the office of Secretary for the de
partment of war.
I Second, that notwithstanding the Sen
ate of the United States was then in sess
ion, it was lawful and according to lung
and well established usage, to empower
1
and authorize the said Thomas to act, as
Secretary of war ad interim.
Third, that if the am, regulating the
tenure of civil offices be held to be valid
law, no provisions of the-same were viola
ted by the issuing of said order, or by.the
VOLUME XXV I NUMBER 14:tw
designation of said Tioknas
rotary of war ad interim.
fk...NSW ER. t o
, Ar;,,TicLs 3.
And for answer to said third articie,
this respondent says that be abides bytis
answer to said ftrst and second artioles;in
so far as the sante are responsive to thesit
legations contained in the said third'aril 7 ,
cle; and,
.without, here again repeatiiig l
the sante answer, prays that the same be,
taken as an answer to this third artiele,ite
fully as if here again fully set ;Out at
length ; mid as to the new allegation con-,.
tained in said third article, that this re-.
spondeut did appoint the said, Thomas
to be Secretary fur the departtneriSpflvar ,
ad interim, this respondent denies that he„
gave any other authority to saiiiTbcitnat 4
than such as appears, in said written att-,
tbority set out in said article, by Which her .
authorized and empowered saidlhomai
to act as Secretary for the department, of
war ad interim ; and he deniei that the ;
same amounts to an appointment, ; and in
sists that it is only a designation data of
fieer of that department to act temporFi7 )
ly as Secretary for the department,ocwar
ad interim Until an appointmentir tit 4..
temporary 'authority or' designation,
respondent denies that inany sense he did
thereby intend to violate the Constitution.
of the United States, or that ho. thereby,
intended to give the said order '
the. char-
acter or effect, of an appointment. iii the'
constitutional or legal sense of thac,term. i •
lie further denies that thbre
cancy in said office of SecretarY:ipir j tho,
department of war existing itt the date.or;
said written authority.
ANSWER TO ARTICLE 4, .• ,
For answer to said fourth' aiiide; this
respondent' denies that on the .s'aid-.21.5t
day of February, 1868, at Washington,
atoms:lid, or at any other time or placr r.
he did unlawfully conspire with the said,,
Lorenzo Thomas, or with any other poi
son or persons, with intent, by intimid,a-_,
tions and threats, unlawfully to: binder',
and prevent the said Stanton *Om held-
ing the said office of Secretary Ibr tite,de;
partment of war, in violation of the. Oon
stitution of the' United States, Of of,tilio .
pro Visions of the said act of Congreas,
said article' - mentioned, or that, he_ did,
then and there etenmit;or was, gailfyq :a
high crime in office:, 'oil' the, cnottattl
thereof, protesting that. the - said 'Stanton . .
was ' not then lawfully 'tlie',`"Scie
tary for the department of war,. thiti,
„re
spondent stated his sole purpose rifi 'att- . ,
thorizing the said Thomas to act as Secre:;,
tary for the department of war ad inkrip t ,
was, as is fully stated in his answer tohe.
said first article, to brir t g, the question.4 , e
the right of the said Stanton to hold
office: notwithstanding his said suspen
sion, and notwithstanding the said .ordmr
of removal, and notwithstanding the ",au-,,
thority of the said Thomas to 4let.. ay
...81.,p!'
rotary for the department of war,e'd 0170:-
iin, to the test of a final decision ilithe'
Supreme Court of the United B!ates,,in
the earliest practical mode by 'whiolt,ili;e`.
question could be brought before thai
bunal. -This respondent did not ciiiisPi,t4 i
or agree with the said Thom*
any other person or persons, to use . intiin- .
idation or threats to hinder or preveriali
said Stanton from holding-the, said office'
of Secretary for the department 'of War:
nor did this respondent at any time '64i:
mattd or advise the said Thornas,: or . .,anr
other person 'or persons,, 'to resort
use either threats or intimidation.fOr
purpose. The only ineans'the'tinAeni
p!ation or purpose of respondent - to' 'he:
used are set forth fully 'in the'said'iirilers"
of February 21, the first addressed:to : Mr.'
Stanton and the second to the said Thidtili i
as. • " • •
By the first order the respondent nod- .
fled Mr. Stanton that he was removed'
from the said office, and that his functiena
as Secretary for the depawnent of 'War
were to terminate upon the :feceipti,iie
thatttder, and be also notified'th'e '14141:#
Stanton - that the said Thomas had.beett'
authorized to act as Secretary for the ag`,!
partment of war ad interim, arid 044(41'
the said Stanton to transfer to hini
records, books, papers and otber`priblic
property in his custody and charge ' `and .
by the second order notified the saidTbo:,
mas of the removal from office of the said':
Stanton, and authorized him to actlai Sec."
retnry for the department'of war cid irillr
ern, and directed him to' immediately en-
ter upon the discharge of 'the duties p&-
taining to that office, and to receive' the
transfer of all the records; booksr,
and other public property fOth.lift.; , Staii;':
ton then in his eustodyand 01)6'6, Re="'
spondent gave no instructions to the
Thomas to use' intimidation or'direais3ir
enforce obedience to thee©
He gave him no authority'to 'call in
aid of the military or any other t`oioe in
enable him to obtairipossuattiotilor tba t iP
Ewe, or of the books, papers, 'reedidi(e t
property thereof; the only agineYietsorV
ed to, or intended to be resorted tih . iiaa!
by the said executiVerordera requiring. Aid'
dieuce. But the Secretary of We - depart= 7
ment'of war refused to obey these ordersi '
and still holds undisturbed possession aid
custody. of that department, and of tbell& -:
cords, books, papers and other publitipro-....:
perty therein . Respondent further 'kettle
that, in execution of the orders so,
by this respondent to the said Thaniasibii.'
the said Thomas proceededin a imiceliit'
manner to demand of the said' Sttuaton'e
40. as Sep,-
(Continued QU fourth
, a-t 41
I'_ )t4. S