Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-04-02

OF the President respecting the powers connded 10
him and the duties required Of him by the consti-
tuition of the United States; and contrary to a the
opinion that the first section of the Tenure of Of
fee 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 the said Stanton in the Office of the
said Secretary for the Department of War, or else
he was compelled to take such steps as might in
the judgment of the President, be lawful and ne
cessary to raise for judicial decision, the question
affecting the lawful right of the said Stanton to re-
sumo the said office, or the power ofthe said Stan,
ton to persist in refusing to quit the said Office If
he should persist in actually refusing to quit the
same and to this end, and to this end only, this
spondent, on the 2lst day of February, 1868, is
sued the order for the removal of said Stanton in
the said first article mentioned and set forth, and
the order authorized the said Lorenzo Thomas to
act as Secretary of War ad interim, in the said Sec
ond article set forth.
And this respondent, proceeding to answer spe-
ciicay each substantive allegation in the said first
article says he denies that the said Stanton on the
Dist day of February, 1868, was lawfully in pos
session of the said office Of Secretary for the De-
partment of War He denies that the said STAN
ton, on the day last mentioned, was lawfully enti-
tied to hold the said Office against the will of the
President of the United States. He denies that
the order for the removal Of the said Stanton was
unlawfully issued. He denies that said order was
issued with intent to violate the act entitled San
Act to regulate the tenure of certain civil Offices
He denies that the said order was violation of the
last mentioned act. He denies that the said order
was violation of the constitution of the United
States, or of any law thereof, Or his oath of Of.
flee. He denies that the said order was issued
with any intent to violate the Constitution Of the
United States, or any law thereof, or this respon-
dents oath of office, and he respectfully but ear
nestly insists that not only was it issued by him in
the performance Of what he believed to be an i'm
perative official duty, but in the performance OF
what this honorable court will consider was, in
pont of fact, an imperative official duty; and he
denies that any and all substantive matters in the
said first article contained, in manner and form as
the same are therein stated and set forth, do by
law constitute high misdemeanor in Office within
the true intent and meaning of the Constitution
of the United States. -.
In answer to the second article of impeachment
the President admits that he appointed General
Lorenzo Thomas Secretary of War at interim,
without the advice and consent Of the Senate, for
the reason that there was vacancy in the office OF
Secretary of War and that he had the right to ap-
noipt General Thomas under the constitution:
That Notwithstanding the Senate Of the United
States was then in session, it was lawful and &C,
cording to long and well established usage to en-
mower and authorize the said Thomas to act as
Secretary of War ad interim
That if the said act regulating the tenure OF civil
Offices be held to be valid law no provision OF the
same was violated by the issuing OF said order, OF
bv the designation Of said Thomas to act as Secre
tary of War all interim.