The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1868-03-27
use intimidation or threats tn binde,

use intimidation or threats to hinder
or prevent said Stanton from holding the
said Office Of Secrei ary for the Department
of War, nor did this respondent al any TINA
command or advise said Thomas or any Othor
person or persons to resort TO or use either
threats or intimidation for that purpose
The only means in the contemplation OF
purpose of the respondent I, bs used are set
forth fully in said orders of February 2lst :.
The first addressed TO Mr. Stanton and the
second to said Thomas. BY the first order
the resp Dndent notified Mr.. Stanton that he
was removed from said Office. and that his
functions nc Secretary of War were to ter
inmate upon the raceipt Of that order. and
also notified said StsntGn that the said rhOm-
AZ had been authorized TO act az Secretary
of the Department OF War, ad interim, and
order said stanton To transfer to him all rec
ords, papers and other public property In
his custody and charge. BY the second or.
der. this respondent notified said Thomas
Of the removal of said Stanton, and authoriz-
cd him Ia act AS Secretary Of War, ad inter.
IN, and directed him TO Immediately enter
upon the discharge of the duties pertaining
to that ofiice and receive transfer Of ali rec
ords, books, papers, and other proper " from
Nr. stanton. then In his custody and charge:
| respondent gave no instructions 10 said
| Thomas TO USE Intimidation or threats to
force obedience 10 these orders. He gave
him no authority to call in the aid Of the mil
itdrJ W ondOis nlm 10 ODtdin possession OF
the office. books. papers. records, or proper
20 thereof.
The onlv agency resorted to, or intended
| to be resOrted to, WAS by means of the said
executives orders requiring obedience, but
the Secretary lor TIE Department Of War re-
fused to obey these orders, and still holds
undisturbed possession and custody Of that
Department, and Of the records, books. pa.
pers and other public property therein.
The respondent further states that
In the execution of the orders, so by
this respondent given to the said
Thomas; (he) said Thomas proceed.
ed IN peaceful manner to demand
of said Stanton surrender to him Of
the public property in the said De-
pertinent, and to vacate the posses
sion of the same, and to allow him,
SAID Thomas, peaceably to exercise
the duty devolved upon him by the
authority of the President that this
respondent has been informed and
believes the said Stanton perempto-
rily refused. No force or threat, or
offer, was used by the said Thomas,
by authority of the President, or
otherwise, to enforce obedience, ell
ther then or at any subsequent time.
This respondent doth here except to
the sufficiency of the allegation con-
tanned in said 4th article, and states
for ground Of exception that it is not
stated that there was any agreement
between the respondent and the said
Thomas, or any other person or per-
sons, to use intimidation or threats :;
nor is there any allegation as to the
nature of said intimidation and
threats, or that there was an agree
ment to carry them into execution,
or that any step was taken or agreed
to be taken to carry them into execu-
ton, and the allegation in said article
that the intent of said conspiracy
was to use intimidation and threats
is wholly insufficient, inasmuch as it
is not alleged, that said intent form
ed the basis or became part of any
agreement between said alleged con-
spirators, and, furthermore, that there
is no allegation of any conspiracy
or agreement to use intimidation or
threats.
ANSWER To ARTICLE v.
And for answer to it. the said fifth
article. this respondent denies that
on the 2lst day of February, 1868,
or any other time or times in the same
year, before the said I'd day of March,
1868, or at any prior or subsequent
time, at Washington, after said place,
or at any other place, this respondent
did unlawfully conspire with said
Thomas, or with any other person or
persons, to prevent or hinder the ex
ecution of said act. entitled can act
regulating the tenure of certain civil
Offices" or that, in pursuance of said
alleged conspiracy. he did uDlawfuliy
attempt to prevent the said Edwin
NJ. Stanton from holding said office
Of Secretary Of the Department of
War. or that he did thereby commit,
or that he was thereby guilty of a
high misdemeanor in office.
The respondent protesting, said
Stanton was not then and there Sec
retary of War, and begs leave to re-
fer to his answer given to the 4th ar
ticle. and to his answer given to the
lst article as to his purpose IN issu.
ing the orders for the removal of Mr..
Stanton, and the authority given to
said Thomas, and prays equal benefit
therefrom, as if the same were here
again repeated and fully set forth
And this respondent excepts to the
sufliciency of said 9th article, and
states as ground for such exception.
That it is not alleged by what means,
or by what agreement, said alleged
conspiracy was formed or agreed to
be carried out, or in what way the
same was attempted to be carried
out, or what were the acts done in
pursuance thereof.
ANSWER TO ARTICLE vi.
That for answer to the said 9th ar
finla tho lo-,zz