Answer to Article VIII.—And for answer to the said eighth article this respondent denies that, on the 21st day of February, 1868, at Washington aforesaid, or at any other time and place, he did issue and deliver to the said Thomas the said letter of authority set forth in the said eighth article with the intent unlawfully to control the disbursements of the money appropriated for the military service and for the Department of War. This respondent, protesting that there was a vacancy in the office of Secretary of War, admits that he did issue the said letter of authority, and he denies that the same was with any unlawful intent whatever, either to violate the Constitution of the United States or any act of Congress. On the contrary, this respondent again affirms that his sole intent was to vindicate his authority as President of the United States, and by peaceful means to bring the question of the right of the said Stanton to continue to hold the said office of Secretary of War to a final decision before the Supreme Court of the United States, as has been hereinbefore set forth; and he prays the same benefit from his answer in the premises as if the same were here again repeated at length.
Answer to Article IX.—And for answer to the said ninth article the respondent states that on the said 22d day of February, 1868, the following note was addressed to the said Emory by the private secretary of the respondent:
EXECUTIVE MANSION,
WASHINGTON, D.C.,
February 22, 1868.
GENERAL: The President directs me
to say that he will be pleased to have
you call upon him as early as practicable.
Respectfully and truly yours,
WILLIAM G. MOORE,
United States Army.
General Emory called at the Executive Mansion according to this request. The object of respondent was to be advised by General Emory, as commander of the Department of Washington, what changes had been made in the military affairs of the department. Respondent had been informed that various changes had been made which in no wise had been brought to his notice or reported to him from the Department of War or from any other quarter, and desired to ascertain the facts. After the said Emory had explained in detail the changes which had taken place, said Emory called the attention of respondent to a general order which he referred to, and which this respondent then sent for, when it was produced. It is as follows:
GENERAL ORDERS, No, 17.
WAR DEPARTMENT,
ADJUTANT-GENERALS OFFICE,
Washington, March 14, 1867.
The following acts of Congress are published
for the information and
government of all concerned:
* * * * * * *
“II.—PUBLIC—No. 85.
“An act making appropriations for
the support of the Army for the year
ending June 30, 1868, and for other purposes.