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. 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. On the contrary thereof,
protesting that the said Stanton was not then and there lawfully the
Secretary for the Department of War, this respondent states that his
sole purpose in authorizing the said Thomas to act as Secretary for the
Department of War _ad interim_ was, as is fully stated in his answer to
the said first article, to bring the question of the right of the said
Stanton to hold said office, notwithstanding his said suspension, and
notwithstanding the said order of removal, and notwithstanding the said
authority of the said Thomas to act as Secretary of War _ad interim_, to
the test of a final decision by the Supreme Court of the United States
in the earliest practicable mode by which the question could be brought
before that tribunal.

This respondent did not conspi