That at the date and delivery of said writing there was a vacancy
existing in the office of Secretary for the Department of War.
2. That notwithstanding the Senate of the United States was then in
session, it was lawful and according to long and well-established usage
to empower and authorize the said Thomas to act as Secretary of War
_ad interim_.
3. That if the said act regulating the tenure of civil offices be held
to be a valid law, no provision of the same was violated by the issuing
of said order or by the designation of said Thomas to act as Secretary
of War _ad interim_.
_Answer to Article III_.--And for answer to said third article this
respondent says that he abides by his answer to said first and second
articles in so far as the same are responsive to the allegations
contained in the said third article, and, without here again repeating
the same answer, prays the same be taken as an answer to this third
article as fully as if here again set out at length; and as to the new
allegation contained in said third article, that this respondent did
appoint the said Thomas to be Secretary for the Department of War _ad
interim_, this respondent denies that he gave any other authority to
said Thomas than such as appears in said written authority, set out in
said article, by which he authorized and empowered said Thomas to act
as Secretary for the Department of War _ad interim_; and he denies
that the same amounts to an appointment, and insists that it is only
a designation of an officer of that Department to act temporarily as
Secretary for the Department of War _ad interim_--until an appointment
should be made.
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