ch his purpose to obtain a judicial decision of the said
questions, or such of them as might be necessary.

And this respondent, further answering, says that in further pursuance
of his intention and design, if possible, to perform what he judged to
be his imperative duty, to prevent the said Stanton from longer holding
the office of Secretary for the Department of War, and at the same time
avoiding, if possible, any question respecting the extent of the power
of removal from executive office confided to the President by the
Constitution of the United States, and any question respecting the
construction and effect of the first section of the said "Act regulating
the tenure of certain civil offices," while he should not by any act of
his abandon and relinquish either a power which he believed the
Constitution had conferred on the President of the United States to
enable him to perform the duties of his office or a power designedly
left to him by the first section of the act of Congress last aforesaid,
this respondent did, on the 12th day of December, 1867, transmit to the
Senate of the United States a message, a copy whereof is hereunto
annexed and marked B, wherein he made known the orders aforesaid and
the reasons which had induced the same, so far as this respondent then
considered it material and necessary that the same should be set forth,
and reiterated his views concerning the constitutional power of removal
vested in the President, and also expressed his views concerning the
construction of the said first section of the last-mentioned act, as
respected the power of the President to remove the said Stanton from
the said office of Secretary for the Department of War, well hoping that
this respondent could thus perform what he then believed, and still
believes, to be his imperative duty in reference to the said Stanton
without derogating from the powers which this respondent believed were
confided to the President by the Constitution and laws, and without
the necessity of raising judicially any questions respecting the same.

And this respondent, further answering, says that this hope not having
been realized, the President was compelled either to allow the said
Stanton to resume the said office and remain therein contrary to the
settled convictions of the President, formed as aforesaid, respecting
the powers confided to him and the duties required of him by the
Constitution of the United States, and contrary to the