Annotation
[1] DS, DNA RG 46, Senate 37A F2; DS, DNA RG 233, House Executive Document No. 24. Secretary Caleb B. Smith sent in his resignation on December 31, 1862. Seward wrote Lincoln on January 2, 1863, that since the act authorizing the president to appoint ``an acting head of a department'' applied only to the departments of State, Treasury, and War, ``You will have to leave Mr Smith's resignation unaccepted,'' in which case the assistant could ``without special appointment . . . act in the absence of the Secretary.'' (DLC-RTL). An act approved February 20, 1863, gave the president power to appoint acting heads in other executive departments. On January 5, Lincoln nominated John P. Usher to succeed Smith, and Usher was confirmed by the Senate on January 8.