D. 1867, as will be more fully hereinafter stated.
And this respondent, further answering, says that in and by the act of
February 13, 1795, it was, among other things, provided and enacted that
in case of vacancy in the office of Secretary for the Department of
War it shall be lawful for the President, in case he shall think it
necessary, to authorize any person to perform the duties of that office
until a successor be appointed or such vacancy filled, but not exceeding
the term of six months; and this respondent, being advised and believing
that such law was in full force and not repealed, by an order dated
August 12, 1867, did authorize and empower Ulysses S. Grant, General of
the armies of the United States, to act as Secretary for the Department
of War _ad interim_, in the form in which similar authority 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, A.
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