But whether the said written authority amounts to an
appointment or to a temporary authority or designation, this respondent
denies that in any sense he did thereby intend to violate the
Constitution of the United States, or that he thereby intended to
give the said order the character or effect of an appointment in the
constitutional or legal sense of that term. He further denies that there
was no vacancy in said office of Secretary for the Department of War
existing at the date of said written authority.
_Answer to Article IV_.--And for answer to said fourth article this
respondent denies that on the said 21st day of February, 1868, at
Washington aforesaid, or at any other time or place, he did unlawfully
conspire with the said Lorenzo Thomas, or with the said Thomas and any
other person or persons, with intent, by intimidations and threats,
unlawfully to hinder and prevent the said Stanton from holding said
office of Secretary for the Department of War, in violation of the
Constitution of the United States or of the provisions of the said act
of Congress in said article mentioned, or that he did then and there
commit or was guilty of a high crime in office.
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