re or agree with the said Thomas, or any
other person or persons, to use intimidation or threats to hinder or
prevent the said Stanton from holding the said office of Secretary for
the Department of War, nor did this respondent at any time command
or advise the said Thomas, or any other person or persons, to resort
to or use either threats or intimidation for that purpose. The only
means in the contemplation or purpose of respondent to be used are set
forth fully in the said orders of February 21, the first addressed to
Mr. Stanton and the second to the said Thomas. By the first order the
respondent notified Mr. Stanton that he was removed from the said office
and that his functions as Secretary for the Department of War were to
terminate upon the receipt of that order; and he also thereby notified
the said Stanton that the said Thomas had been authorized to act as
Secretary for the Department of War _ad interim_, and ordered the said
Stanton to transfer to him all the records, books, papers, and other
public property in his custody and charge; and by the second order this
respondent notified the said Thomas of the removal from office of the
said Stanton, and authorized him to act as Secretary for the Department
of War _ad interim_, and directed him to immediately enter upon the
discharge of the duties pertaining to that office and to receive the
transfer of all the records, books, papers, and other public property
from Mr. Stanton then in his custody and charge.
Respondent gave no instructions to the said Thomas to use intimidation
or threats to enforce obedience to these orders. He gave him no
authority to call in the aid of the military or any other force to
enable him to obtain possession of the office or of the books, papers,
records, or property thereof. The only agency resorted to, or intended
to be resorted to, was by means of the said Executive orders requiring
obedience. But the Secretary for the Department of War refused to obey
these orders, and still holds undisturbed possession and custody of that
Department and of the records, books, papers, and other public property
therein. Respondent further states that in execution of the orders so by
this respondent given to the said Thomas he, the said Thomas, proceeded
in a peaceful manner to demand of the said Stanton a surrender to him of
the public property in the said Department, and to vacate the possession
of the same, and to allow him, the said Thomas, peace
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