that they did not come within the provisions of the act, and it was
no protection to them. No one dissented from this construction, and
I understood them all to acquiesce in its correctness. In a matter of
such grave consequence I was not disposed to rest upon my own opinions,
though fortified by my constitutional advisers. I have therefore sought
to bring the question at as early a day as possible before the Supreme
Court of the United States for final and authoritative decision.

In respect to so much of the resolution as relates to the designation
of an officer to act as Secretary of War _ad interim_, I have only to
say that I have exercised this power under the provisions of the first
section of the act of February 13, 1795, which, so far as they are
applicable to vacancies caused by removals, I understand to be still
in force.

The legislation upon the subject of _ad interim_ appointments in the
Executive Departments stands, as to the War Office, as follows:

The second section of the act of the 7th of August, 1789, makes
provision for a vacancy in the very case of a removal of the head of the
War Department, and upon such a vacancy gives the charge and custody
of the records, books, and papers to the chief clerk. Next, by the act
of the 8th of May, 1792, section 8, it is provided that in case of a
vacancy occasioned by death, absence from the seat of Government, or
sickness of the head of the War Department the President may authorize
a person to perform the duties of the office until a successor is
appointed or the disability removed. The act, it will be observed, does
not provide for the case of a vacancy caused by removal. Then, by the
first section of the act of February 13, 1795, it is provided that in
case of any vacancy the President may appoint a person to perform the
duties while the vacancy exists.

These acts are followed by that of the 20th of February, 1863, by the
first section of which provision is again made for a vacancy caused by
death, resignation, absence from the seat of Government, or sickness of
the head of any Executive Department of the Government, and upon the
occurrence of such a vacancy power is given to the President--

to authorize the head of any other Executive Department, or other
officer in either of said Departments whose appointment is vested in
the President, at his discretion, to perform the duties of the said
respective offices until a successor be appointed or un