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fe&tral
VOLUME IXXVII1.]
milled a e v r 11 e . u v o n •:
A P !i ? L 7, 1868.
DUMBER 36.
JJOUGHTON, BARNES A MOORE.
publishers and Proprietors.
S. N. ROlCHTO^i Editcr.
Cjje ^rticnl Simon
Jn published Weekly in Milledgerifle, Ga.,
Corner of Hancock if Wilkinson Sts.,
At $3 a year in advance.
advertising.
TmssilUT.—One Duller per square of ten line, for
Or e t insertion, snd seventy h /e cents for encli sob
sequent continuance.
Tributes of ie»j>ect, Resolutions by Societies, (Obit
uaries exceetJii»j< MI. ' tiies. Nominations for office, C< 'III
municetiona or Kditoiisl.ioiices for individual benefit,)
charged as t.aiisient advertising.
LEGAL ADVERTISING.
SserifT. sales, per levy of ten lines, or leas,
■* Mortgage fl fa sales, per square,
Tax Collector’s Sales, per square,
Citatious for Letters ef Administration,
<« “ 11 “ Guardianship,
Letters of application for dism’n from Adm’n,
.. «• •• « “ “ Guard’n
A »n cation for leave to sell Land,
Notice to Debtor; and Creditors,
Sales of Land, See., per square,
perishable property, 10 days, per square,
Lstrav Notices, 30 days,
Foreclosure of Mortgage, per sq., each time,
LEGAL ADVERTISEMENTS.
Sales of Laad, See., by Administrators, Executors
or Guardians, are required by law to be held on the
gret Tuesday in the month; between the honrs of 10
in the forenoon ntid three lu the afternoon, at the Court
House in the County in which the property is situated.
Notice of these sales must he given in a public gn.
fette 40 day. previous to the day of sale.
Notices for the sale of personal property innst be
given ill like manner 10 days previous to sale day.
Notices to the debtors and creditors of an estate
ci'J 4 t also be published 40 days.
Notice thnt application will be made to the Court of
Ordinary for leave to sell Land, Sec., must be publish
tJ lor two months.
C aiious for letters of Administration, Guardian
i.'jip, Ac., must be published 30days—for dismission
fr.in Administration, monthly six months—fordiands
sion from Guardianship, 40 days.
Sides for foreclosure of Mortgage must bo published
monthly fur four mouth.—for establishing lost papers,
fur the full space of three months—for compelling titles
from Kxecutorors or Administrators, where bond has
been given by the deceased, the full space of three
months.
Publications will always be continued according to
these, the legal requirements, unless otherwise or
dered.
ANSWER OF THE PRESIDENT
TO THE
Impeachment Article*.
ft! 50
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Senate of the United States, Sitting ns a
Court of Impeachment for the 'J'rinl of
Andrew Johnson, President af the Uni
ted States.
The answer of the said Andrew
Johnson President of the United States,
to the articles of impeachment exhibi
ted against him by the House of Rep
resentatives of the United States :
advice- .:nd
“Sir—Public considerations of a! to removal by and with th
high chHracterconstrain me to si.ytliat 'consent of the Senate.”
your resignation as Secreioiy o‘War ■ This respondent was also aware that
will be accepted.” this act was understood and intended
To which Dote the said Stanton made i to be an expression of the opinion of
J the following reply. the Congress by which that act was
ANSWER TO ARTICLE I.
answer to the first article he
Edwin M. Stanton was ap-
h*oh and Job Work, of al! kinds,
1’KOMPTLY AND NEATLY EXECUTED,
AT T1IIH OM TICK.
S CHEDULE OF MACON AND AUGUSTA
RAILROAD—
Le.v<i Citraak daily at.... 12.30 p.m.
Lrava Milledgeville. ...5 30 a. m
Arrive at Milledgeville.. • 4.1 Op. ui.
Arrive at Csa.sk 9.00 a.m.
Psssengers lesviog Auguste or Atlanta on tbe
Day I’sBseuger Train of the Georgia Railroad
will make clo.e connection, at Camak for inter
mediate points on the above Road, and al.o for
Macon.
Paxeengers leaving Milledgeville at 5,30 a. m.
reach Atlanta and Augusta the same day. and
will make close connections at either place for
the principal points in adjoining States
E. W. COLE, General Superintends.
Augusta. Jen. 7,1868. 24 tf.
Schedule of the Georgia Railroad.
DAY PASSENGER TRAIN.
(Daily. Sunday, excepted.)
Lears Augusta at 7-30 A. M
•• Atlanta at 5.00 A M
Arrive at Augusta, ........... — .......3.30P. M
" Atlanta....... -6.31 1 1* Ai
NIGHT PASSENGER TRAIN.
Leave Augusta at.. 8.15 P. M.
Atlanta at 5.45P.M.
Arrive at Augueta 3.o0 A. M.
•• Atlanta..........8.45 A. M
HERE ELIA PASSENGER TRAIN.
1 .<-ave Augusta at * 4.00 P.M.
•• lierzelie at 7.10 A.M.
Arrive at Augusta - * - - 8.50 A M.
•* Berzelia ... - - 5.45 P.M.
Passenger* for Milledgeville, Washington and Ath- 1
ens. Ga.. must take Day Passenger Train from Augu* '
ta and Atlanta.
Passengers for West Point, Montgomery, Selma,
Mobile and New Orleans must le^ve Augusta on Night
Passenger train at 8.15 P. M., to make close connec
tions.
Passengers for Nashville, Corinth, Grand Junction,
Memphis, Louisville and St. Louis can take either
irain and make close connections.
Through Tickets and Raggage checked through to
the above placet.
Pullman's Paiace Sleeping Carton ail Night Passen
ger Trams. E. W. COLE,
Augusta, Jan. 1868. Gen’L Sept.
For
says that
pointed Secretary for the department of
War on the 10th day of January, A. D.,
180:2, by Abraham Lincoln, then Pres
ident of the United States, during the
first term of his Presidency, and was
commissioned, according to the Consti
tution and laws of the United States,
to hold the said office during the pleas
ure of the President; that the office of
Secretary for the Department of War
was created by an act of the First
Congress in its first session, passed on
the 7th day of August, A. D., 1789,
and in and by that act it was provided
and enacted that said Secretary for the
Department of War shall perform and
execute such duties as shall from time
to time be enjoined on and entrusted
to him by the Preident of the United
States, agreeably to the Constitution
relative to the subjects within the
scope of the said Department; and,
furthermore, that the said Secretary
shall conduct the business of the said
Department, in such a manner as the
President of the United States shall
from time to time order and instruct.
And this respondent, further answer
ing, says that, by force of the act
aforesaid, and by reason of his ap
pointment aforesaid, the said Sta' •>
became the principal officer in one «i
the executive departments of the Guv-
ernment, within the true intent and ] settled by the
meaning of the second section of tin
second article of tbe Constitution of
the United States, and according to
the true intent and meaning of that
provision of the Constitution of the
United States, and in accordance with
the settled and uniform practice of
each and every President of the United
States, the said Stanton then became—
and, so long as he should continue to
hold the said office of Secretary for
the Department of War, must contin
ue to be—one of tbe advisers of the
President of the United States, as well
as the person entrusted to act for and
represent the President in matters en
joined upon him, or entrusted to him,
by tbe President touching the depart
ment aforesaid, and for whose conduct,
in such capacity, subordinate to the
President, the President is, by the Con
stitution and laws of the United States,
“War Department. )
Washington, August 5, 196S. ^
“Sir—Your note of this day has
been receiVed, stating that ‘public con
siderations of a high character con
strain you to say that my resignation
as Secretary of War will he accept
ed.’
“In reply, I have the honor to say
that public consideration* of a high
character, which alone have induced
me 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 respectfully, yours,
Edwin M. Stanton.”
This respondent, as Presi lent of the
United States, was thereon of opinion,
that having regard to the necessary]
official relations and duties of the Sec
retary for the Department of War to 1 '
the President of the United States,
according to the Constitution line!
laws of the United States and having
regard to the responsibility of the Pres
ident for the conduct of the said Sec
retary, and having regard to the para
mount executive authority of the of
fice which the respondent holds under
the Constitution and laws of the Uni
ted Mates, it was impossible consist
ently with the public interests, to al
low the said Stanton to continue to
hold the said office of Secretary for the
Department of War; and it then be
came the official duty of the respond
ent, as President of the United States
to consider and decide what act or acts
should, and might, lavvfhlly be done by
him, ns President of the United States,
to cause the said Stanton to surrender
»he said office.
This respondent was informed, and
verily believes, that it was practically
First Congress of the
passed th .t the power to ivmove exec
utive offic rs for cause might by law
be taken from tlie President, ami vett
ed in bi n and the Senate jointly; and
although this respon leut had arrived
as Secretary of War ad interim, all rec 1 of the United States a message, a copy \ jsting in the office of Secretary for the
urds, books, papers and other public | whereof is thereunto annexed and Department of War.
property- now in your custody andjmarkelB. wherein he made known ] 2. That, notwithstanding the Senate
charge.
“The Hon. Eli win M Stasto*. Secretary of War.’
) the orders aforesaid, and the reasons of the United States was then in ses
sion, it was lawful and according to
long ami well established usage to em
power and authorize the said Thomas
.which had iuduced the same, so far
J o which said order the said Stanton respondent then considered it ma-
made the following repiy: Iterial and necessary that the same
“War Department, ) j should be set forth, and reiterated his to act as Secretary of War ad inte-
Washington City. Aug. 19, 1SG7. ( (views concerning the constitutional | rim.
“Sir: Your note of this date has i power of removal vested in the Presi- 3. That, if the said act regulating
been received, informing me that by j dent, anu also expressed his views co”- ] the tenure ofcivil offices be held to be
virtue of the powers vested in von, asleeruing the construction of the said valid law, no provision of the same
President, by the Constitution and [first section of the last-mentioned act I was violated bv the issuing of said or-
laws of the l nited States, I am pus- jus respected the power of tbe Presidept jder, or by the designation of said
{tended from office as Secretary of War. to remove the said Stanton from the Thomas to act as Secretary of War ad
tind will cease to exercise any and al! ;>uid office of Secretary for the Depart- iuteriui.
functions pertaining to the same; and j menfeof War, well hoping that this answer to article iii.
also directing me at once to transfer j respondent could thus perform what j And for answer to said third article,
to General Ulysses S. Grant, who has j lie then believed, and still believes, to , this respondent says that he abides by
this day been authorized and empow-i^e his imperative duty in reference to i his answer to said first and second ar-
ered to act as .Secretary of'War ad in-1 the said titan ton, without derogating! tide, in so far as the name responsive
terim, all records, books, papers, and j from ibe powers which this respondent to the allegations contained in the said
other public property now in mv • believed wore confined to the Presi- third article, and witliout here again
custody and charge. Under a sense [dent by the Constitution and laws, and ' repeating the same answer, prays the
at and Ui I retained the opinion above
expressed, and verily believed, as he
-til] believes, that the said first section
of the last mentioned act was and is
wholly inoperative and vei l by reason
of its conflict with the Consitution of
ilie United States, yet inasmuch as the
'Mine had been enacted by the consti
tutional majority in each of the two
Houses of that Congress, this respond
ent considered it to be proper to ex
amine and decide whether the particu
lar case of the said Stanton, on which. . w ¥
■ it was this respondent’s duty to act, public duty J am compelled to deny j without the necessity of raising judi-
j was within or without the terms of j your right under the Constitution and j ci&iiy any questions respecting the
I that first section of the act; or, if with- j iaw ? o{ t,,e United States, without the [same.
advice and consent of the Senate, and
without lega
in
it, whether the President had not
power, according to the terms of
th
the act, to remove the said Stanton,
from the office of Secretary for the Dr- ! exercise
i And this respondent, further an-
cause, to suspend we j swering, says that this hope not having
horn office as Secretary of War, or thei been realized, the President was coin-
ol an}' and all functions l ur * pell either to allow the said Stanton
to the same, or without sueh | rp 8 u m e the said office, and remain
to the settled con
iine be taken as au answer to this
third article as fully as if here again
set out at length; and as to the new
allegations contained in said third ar
ticle, that this respondent did appoint
the said Thomas to be Secretary for
the Department of War ad interim, this
respondent denies that he gave any
authority to said Thomas than such as
jiartment of War ;aud having, in bis j f a,, 'Wg
capacity of President of the United j adv ice and consent, to compel we to J ih ere m, contrary
States, so oxamiued and considered, j transfer to any person, the records, v .j ct j, m8 G f t j ie President, formed as j appears in said written authority set
lid for the opinion that the case of) books, papers and public property in [ a f oreS aiJ .respecting the powers con- ! out in said article, by which he author
ised to him and the duties required oflizedand empowered said Thomas to
him by the Constitution of the Uni-[act as Secretary for the Department of
the said Stanton and his tenure of office ,
were not affected by the first section (
opinion
‘ my custody as Secretary. But inas
much as ilit. General commanding the
f the last named act. ) armies of the United States has been
And this respondent, further an- appointed ad interim, and has notified
swering, says, that although a case n,e *bat he lias accepted the appoint-
thus existed which, in his judgment, j went, I have no alternative, but to
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, as is above
shown, that under the Constitution of
the United States, the power to remove
the said Stanton from the said office
was vested in the President of the Uni-
under protest, to superior
: submit,
force.
“To the President,”
And this respondent,
_j of . ,
te<l States, and contrary to tfie opinion ] War nd interim, and he denies that the
formed as aforesaid, that the first sec- j wine amounts to an appointment, and
tion of the last mentioned act did not! insists that it is only a designation of
affect the case of the said Stanton; and an officer of that department to act
ted States ; and although this respoud-
U nited States, and had been so consul- lent was also of the opinion, as is above
ed and, uniformly and in great numbers! shown, that the case of said Stanton
of instances, acted on, by each Con- was noff affected by the first section of
gress and President of the United I the last named act; and although each
States, in succession, from President! of the said opinions had been formed
Washington to, and including, Presi-fby this respondent upon an actual case
dent Lincoln, and from the First Con-■ requiring him in his capacity of Presi-
gress to the Thirty-Ninth Congress. 1 dent of the United States, to come to
that the Constitution of the United [some judgment and determination
States conferred on the President, as 1 thereon : yet this respondent, as Pres
con trary to the fixed belief of the Pres
ident that lie could no longer advise
with or trust, or be responsible for
further an- the said Stanton in the said office of
swering, says, that, it is provided, in ] Secretary for the Department of War,
and by tiie second section of “An Actjor else be was compelled to take
to regulate the tenure of certain civil [such steps as might, in the jugdment
offices,” that the President may sus- i of the President, be lawful and neces-
peiid an officer from tbe performance sary to raise for a judicial decision, * . .
of the duties of the office held by him, [ the questions affecting the lawful right i that he^ thereby^ intended to^ give^the
for certain causes therein fiesingnated. of the arid Stanton to tesume tffo said
until the next meeting of the Senate,; office, or the power of said Stanton to
and until the case shall be acted on i persist in refusing to quit the said
by the Senate; that this respondent, i office, if he should persist in actually
as President of the United States, was | refusing to quit the same; and so to
advised, and he verily believed, and , this end, and to this end only, thisj’es-
temporarily as Secretary for the De
partment of War ad interim until an
appointment should be made. But
whether the said written authority
amounts to an appointment, or to a
temporary authority or designation,
this respondent denies that in any sense
he did thereby intend to violate the
Constitution of the United States, or
partof the executive power, and as one
of the necessary means and instru-
ident of tin
determined
United States, desired and
and this respondent, by the order afore
to avoid, it possible, any said, did suspend the said Stanton from
office, not until the next meeting of
. the Senate, or until the Senate should
Constitution, of taking care that the let! act and also the broader question of have acted upon the case, but by force
laws be faithfully executed, the. pow-'rhe executive power conferred on the ; of the power and authority vested in
er, at any and all time, of removing* President of the United States by th
from office all executive officers, for! Constitution of the United States to
ments of performing the executive do- question of tbe construction at: : ed ict
ty expressly imposed on him by the j of the s.iid first section of the last nam-
stil! believes that tbe Executive power' pondent did, on tbe 2lst day of Feb
of removal from office, confided to him ' ruary, lSt»8, issue the order for the re-
bv the constitution as aforesaid, in-1 inoval of tbe paid Stanton, in the first
eludes the power of suspension from | article mentioned ami set forth, aud
office at the pleasure of the President;! the older authorizing the said Lorenzo
' F. Thomas to act as Secretary of War
ad interim, in the said second article
set forth.
And this respondent, proceeding to
answer specifically each substantive al
legation in the said first article, says
him by the Constitution and laws of! He denies that the 8aid Stanton, on
cause to be judged of by the President] remove one of the principal officers of
alone. This respondent had, in pnr-! one of the executive departments foi
suance of the Constitution, required ] cause seeming to him sufficient; am
opinion of each principal officer of the [this respondent also desired and deter
made responsible; and this respondent executive departments upon tins ques- mined, that il from causes over which
further answering says, he succeeded tion of constitutional executive power | he could exert no control, it should be-
to tbe office of President of the Laii-
[ the United States indefinitely, and at j the 21st day of February, 1868, was i office of Secretary ft
the pleasure of the President ;ana thellawful in possession of the said offiejof mentofWar, in violatic
order, in form, aforesaid, was made I Secretary for the Department of War. stitution of the United S
HB
m
1868.
Fifth Ft lame.
1868.
riAHE PROPRIETORS OF THIS WELL-ESTAB
1 LISHED SOUTHERN MONTHLY Announce,
on entering the third yew of it. publication with a
a [ml ivimne of .everal thouaaud subscriber*,and with
a corp* of contributors unsurpassed upon this Conti
nent. that it is their design to furnish
A FIRST-CLASS MONTHLY!
Kqu&l in all respects to the beet Northern and English
Periodicals.
Among the lending eerialn of the present year will
be
THE GEORGIA CAMPAIGN,
By the author of “ Field and Camp.” This will be a
South-side view of Shermaa s “ March to the Sea.’’
Battles and Campaigns of the Army of
Tennessee,
Hy one of the mo*t gallant office re of that Department
Tentund Saddle in the Holy Land,
By Rev. R. A. Holland, of Kentucky.
Also, a superb Aerial by Col. ^V. T. Thompson,
author of “ Major Jones' Courtship.”
The usual number of Reviews, Essays, Novelettes,
etc., will also appear.
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Jan 24th, IMS M3m
ted States upon and by reason of the
death of Abraham Lincoln, then Pres
ident of the United States, on tbe 15th
day of April, 1865, aud tbe said Stan
ton was then holding tbe said office of
Secretary for the Department of War
uuder aud by reason of the appoint
ment and commission aforesaid ; and,
not having been removed from the
said office by this respondent, the said
Stantou continued to hold the same! ted States, and because in that cnpac
under the appointment and commission ity lie was both enabled and bound to
aforesaid at the pleasure of tbe Presi
dent, until the time hereinafter par
ticularly mentioned ; and at no time
received any appointment or commis
sion, save as above detailed.
And this respondent, further answer
ing says that on and prior to tbe 5th
day of August, A. D., 1867, this res
pondent, the President of the LTnited
States—responsible for tbe conduct of
tbe Secretary for the Department of
War, and having the constitutional
right to resort to and rely upon the
person bolding that office for advice
concerning the great and difficult pub
lic duties enjoined on tbe President
by the Constitution and laws of the
United States—became satisfied that
he could not allow the said Stanton to
coutiuue to hold the office of Secretary
for the Department of War, without
hazard of the public interests; that tbe
relations between said Stanton and
tbe President no longei permitted tbe
President to resort to him for advice
or to be, in the judgment of the Pres
ident, safely responsible for his conduct
of the affairs of the Department of War
ns by law required, in accordance
v\iih the orders and instructions of the
President; and thereupon, by force of
the Constitution and lawsof the United
States, which devolve on the Pres
the power and the duty to coutroi hi follows:
conduct and business of that Executive
Department of the Government, and
by reason of the constitutional duty of
the President to take care that the
laws be faithfully executed, this res
pondeat did necessarily consider aud
did determine that the said Stantou
ought no longer to hold the said office
of Secretary for the Department of
War; and this respondent, by virtue
of the power and authority vested iu
him, as President of the United States,
by the constitution aud laws of the
United States, to give the effect to
such, his decision and determination,
did, on the 6th day of August, A. D.,
1S67, address to the said StantoD, a
note, of which the following is a true
copy :
and duty, and had been advised by each Iconic absolutely necessary to raise and
of them, including the said Stanton, j have i:i some way, determined cither
both.
’ e
Dej:
known to the Senate of the United j He denies tiiat tbe said Stanton, on
States on the 12th day of December, ■ the day last mentioned, was lawfully
A. D., 1S67, as will be more fully here- entitled to hold the said office against
in after stated. ] the will of the President of the United
And this respondent, further an-States. lie denies that the said order
swering, says that iu and by the act of i for the removal of the said Stanton was
Secretary for the Department of War, jor both, of tbe said last .named ques- February 13, 1795, it was, among oth-, unlawfully issued. He denies thatthe
that under the Constitution of thejtions, it was in accordance with the [ er things, provided and enacted, that i said order was issued with intend to
United States this power was lodged [Constitution of the United States, and i in case of vacancy in the office of | violate the act entitled “An Act to
by the Constitution in the President of 1 was required of the President thereby Secretary for the Department of War, regulate the tenure of certain civil
the United States,and that consequent-! that qc 1 rious of so much gravity and it shall be lawful for the President, in ; offices.” He denies that the said or-
ly, it could be lawfully exercised by (importance, upon which tbe legislative case he shall think it necessary, to der was a violation of the last mention-! interim was, as is fully stated in his
him, and the Congress could not de-Uind executive departments of the Gov- authorize any person to perform the ed act. He denies that tbe said order! a „ 8wer to the said first article, to
prive him thereof; and this respondent, [eminent bad disagreed which involved duties of that office until a successor was a violation of the Constitution of ! bring the question of the right of said
in bis capacity of President of the Uni- powers^ considered by all branches of be appointed or such vacancy filled, [ the United States, or of auy law there- Stanton to hold said office, notwith-
but not exceeding the term of six
months ; and
advised and
was in full force and not repealed, by
an order dated Aug; 12th, 1867, did
said order the character or effect of an
appointment iu the constitutional or
legal sense of that term. He further
denies that there was no Vacancy in
said office of Secretary for the Depart
ment of War existing at the date ot
said written authority.
ANSWER TO ARTICLE IV.
And for answer to said fourth article
this respondent denies that on the 21st
day of February, 1868, at Washington
aforesaid, or at any other time or place
he did unlawfully conspire wit.i the
said Lorenzo Thomas, or with the said
Thomas and any other person or per
sons, with intent by intimidations and
threats unlawfully to hinder and pre
vent the said Stanton from holding
for the Depart-
iolation of the Con-
States, oi of the
provisions of the said act of Congress
in said article mentioned, or that he
did they and there commit, or was
guilty of a h gh crime in office. On
the contrary thereof protesting that
tbe said Stanton was not then and
there lawfully tbe Secretary for the
Department of War, this respondent
states that his sole purpose in author
izing the said Thomas to act as Secre
tary for tbe Department of War ad
considered
iovemment, during its entire Ins-
down to the year1S67, to have
confided by the Constitution ol
United States to the President,
to be necessary for the complete
I anu iu III' nccessaij iui me iruuipieie ;(!! oruer dated Aug: IL’tl), ISO/, Old
[and proper execution of his constitsi- authorize and empower Ulysses Grant,
|tior.al duties, should be in some prop- Gen. ofthearmy ofUuited States, toact
the (
torv
use his best judgment upon tiiis ques- j been
tion, did in good foith, and with an the
honest desire to arrive at the truth
come to the conclusion and opinion—
and did make the same known to the
honorable the Senate of the United jer way submitted to that judicial de- i as Secretary
States,
of March
is hereunto annexed and marked A)— and subjected by it to the duty, not
that the power last mentioned was only ol determining, finally, the con-
conferred, and tbe duty ot exercising Utruction and effect of all acts of Con
it in fit cases was imposed on the Pres |gress. In
ident by the Constitution of the Uni
standing his said suspension, and not-
of, or of his oath of office. He denies
this respondent, being I thatthe said order was issued with an withstanding the said order of removal,
believing that such law intent to violate tbe Constitution of and notwithstanding the said authori-
the United States, or any law thereof, | ty of the said Thomas to act as Secre-
or this respondent’s oath of office; and taiy of War ad interim, to the test of
he respectfully, but earnestly, insists a final decision by the Supreme Court
that not only was it issued by him iuj 0 f the United States in the earliest
by a message dated on the 2d partment of the Government, entrust- War ad interim,
h, 1867, (a true copy whereof led by the Constitution with tbe power similar authority
r the Department of; the performance of what
, in the form in which; to be an imperative oPtieia
he believed; practicable mode by which the ques-
perativc omeial duty, but! tion could be brought before that tri-
had theretofore been jin the performance of what this Hon-;bunal. This respondent did not con-
given, not until the next meeting of I orable Court will consider was, in
the Senate, and until the Senate should | point of fact, an imperative official
And be denies that any and all
ui and effect ol ail acts ot Con- j act on the case, but at the pleasure of duty,
ut of comparing them with the the President, subject only to the limi-j substa
spire or agree with the said Thomas,
cr any other person or persons, to use
intimidation or threats to prevent the
lutive matters, in tbe said first]said Stanton from bidding the 6aid
e Uni- Constitution of the United States and tation of six months in the last men-(article contained, in manner and form office of Secretary for the Department
ted States, and that tbe President j pronouncing them inoperative when | t foned act contained, and a copy of the as the same are therein stated and set 1 0 f war, nor did this respondent at anv
i n,;u, ♦k*,* a.. i a.*_ i _ 1 V ^ i . . 4 .
coni not be deprived of tbis power, or found in conflict with that fundameu- last mentioned order was made known
relieved of tbis duty, uor could the tal law which the people have enacted ] to the Senate of the United States on the
same be vested by law in the Presi-[for the goverement of all their servants, j 12th day of December, A. D., 1867,
dent and Senate jointly, either in part And to these ends, first, that through j as will be hereinafter more fully stated;
or whole; and this has ever since re- the action of the Senate of the United ( and in pursuance of the design and in-
mained, and was the opinion of this j States, the absolute duty ot the Pres-j tention aforesaid, if it should become
opi
respondent at the time when be was j ident to substitute some fit person, in
forced as aforesaid to consider and de- place of Mr. Stanton, as one of his a<l-
cide what act or acts shouldaud mightjvisers and as a principal subordinate
lawfully be done by this respondent, | officer, whose official conduct lie was
as President of the United States, to j respousiblu for and hud lawful right to
cause the said Stantou to surrender the i control, might if possible, be acconi-
said office. Iplisbed without the necessity of rais-
This respondent was afoo then mg any one of the questions aforesaid ;
aware, that by tbe first section of “an and second, if tbis duty could not be
necessary to submit in tbe said ques
tion to a judicial determination, this
respondent, at or near the date of the
last mentioned order, did make known
'Ucb bis purpose, to obtain a judicial
decision of the said questions, or such
ol them as might be necessary.
forth, do, by law, constitute a high; time command or advise the
misdemeanor in office, within the true Thomas or any other person or
intent and meaning of the Constitution
of the United States.
ANSWER TO ARTICLE II.
said
per-
act regulating the tenure of certain so performed, then that these ques-
civil offices,” passed March 2, 1867,1 lions, or such of them as might neces-
v arise, should be judicially deter-
•d, in any manner aforesaid ; and
no other end or purpose, tills »es- j of-Secretary
lent, as President of the United j \y ; i ri
by a constitutional majority of both jsarily arise, should be judicially deter-
Houses of Congress, it was enacted as mined, in any manner aforesaid
And this respondent, further an- Thomas, Adjutant General United
swering says that in further pursuance] States At my Washington, D. C.; and
of bis intention and design, if possible be further admits that the same
to perform what be judged to be his’was issued without the advice and
imperative duty, to prevent the said consent of the Senate of the United
sous to resort to or use either threats or
intimidation for that purpose. The
only means in the contemplation or
purjmse of respondent to be used are
And for answer to the second article; 8 et/ 0 rth fully m the said orders of
this respondent says that he did issue February 21, the first addressedto Mr.
and deliver to said Lorenzo Thomas Stanton, aud the second to the said
the said writing set forth in said second Thomas.
article, bearing date at Washington, D. I By the first order, the respondent
C., February *21, 1868 and addressed j notified Mr. Stanton that he was re-
Brevet Major-General Lorenzo moved from tlie said office, and that
his functions as Secretary for the De
partment of War were to terminate
upon tbe receipt of that order, and he
also thereby notified the said Stanton
that the said Thomas had been author-
That any person holding any civil j P ,nu
office to which he has been appointed ‘ 1 -\‘ 1 “ ! v . , . ,
by and with the advice and consent of fob?, sewm «la\s alter the receptio i of extent of tbe powe
the Senate, aud every person whoI‘“ c i*' 1 ' 1 the said Stamon, of ’In*! Executive office c
5th of August, hereinbefore stated, ■
I Stanton from longer bolding tbe office ] States, then in session, but lie denies i jzed to act as Secretary for the De-
tor. the Department of j that he thereby violated the Constitu- partment of War ad interim and or-
sliall
such
hereafter be appointed to any
of]that he
the same time avoiding, if tion of the United States, or any law | dered the said Stanton to transfer to
August, | possible, any question respecting the thereof, or that be did thereby intend him all the records, books, papers,
to vioiate the Constitution ot the Uui-1aiio other public property in his custo-
ted Siatis, or the provisions of any act jy yuj charge, and by the second or-
of Congress, and this respondent refers | d er this respondent notified the said
er of removal from
oufided to the Fres-
_ rr __ ....j _ , lent by the Constitution of the United w . t
office, and shall become duly ] to the said Stanton the order j gt a tt»s, u ud any question respecting the to his answer to said first article fora Thomas of the removal from office of
construction and effect of the first sec-1 full statement of the purposes and in- tiie said Stanton, and authorized him
tion of the said “act regulating the ten-! tent ions with which said order was is-1 to }ic t ais Secretary for the Department
ure ot certain civil offices,” while he! sued and adopts the same as part ot his j 0 f War ad interim, and directed him to
should not by any act of lus abandon j answer to this article; and be further j immediately enter upon the discharge
and relinquish cither a power which he'denies that there was then and there 0 f the duties pertaining to that office.
qualified to act therein, is and shall be: following, viz :
entitled to hold such office until a sue- “Executive Mansion, )
shall have been in like manner t Washington, Aug. 12. 1S67. $
cessor
appointed and duly qualified, except as i “SlR : By virtue of the power and
herein otherwise provided ; Provided, {authority vested in me- as Free-idem ol
That the Cfecretaries of State, of the the Constitution: I laws of the l nited
Treasury, of War, of the Navy, and otjStates, you arq hereby suspends, from
the Interior, the Postmaster General,, office as Secretary of War, and will
and the Attorney General, shall hold cease to exercise any aud all functions
hold their offices respectively for and pertaining to tbe same,
during the term of the President by “You will at once transfer to Gen.
whom they may have been appointed, .Ulysses S. Grant, who lias this day
and tor one month thereafter, subject j been authorized aud empowered to act
relinquish either a pow
believed the Constitution had conferred [ no vacancy iu the said office ot Secre-
ou the President ot the United States,|tary for the Department of War, or
to enable him to perform the jfotics! that he did then and there commit, or
ol l.is office, or a power designedly
left to him by the first section of the
act of Congress last aforesaid, the re
spondent did, on the 12th day of De
cember, 1867, transmit to the Senate
was guilty of, a high misdemeanor iu
office, and tiiis respondent maintains
and will insist—
1. That, at the date and delivery of
•aid writing, there was a vacancy'ex-
pertaining to that office,
and to receive the transfer of all the
records, books, papers, and other pub
lic property from Mr. Stanton, then in
his custody aud charge. Respondent
gave no instructions to the said Thom
as to use intimidation or threats to
enforce obedience to these orders. He
Concluded on 4 th jnige.