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 a high
misdemeanor in office within the true intent and meaning of the
Constitution of the United States.
_Answer to Article II_.--And for answer to the second article this
respondent says that he admits he did issue and deliver to said Lorenzo
Thomas the said writing set forth in said second article, bearing
date at Washington, D.C., February 21, 1868, addressed to Brevet
Major-General Lorenzo Thomas, Adjutant-General United States Army,
Washington, D.C., and he further admits that the same was so issued
without the advice and consent of the Senate of the United States, then
in session; but he denies that he thereby violated the Constitution of
the United States or any law thereof, or that he did thereby intend to
violate the Constitution of the United States or the provisions of any
act of Congress; and this respondent refers to his answer to said first
article for a full statement of the purposes and intentions with which
said order was issued, and adopts the same as part of his answer to this
article; and he further denies that there was then and there no vacancy
in the said office of Secretary for the Department of War, or that he
did then and there commit or was guilty of a high misdemeanor in office;
and this respondent maintains and will insist--
1.
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