Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-09-03

execution, through an officer who has never
failed to obey the statutes of the land, aud to
exact, within his jurisdiction, a like obedience
from others. It cannot "be interpreted by
the unreconstructed element in the South
those who did all they could to break up this
Government by arms aud now wish to be the
only el5ment consulted as to the method of
restoring Order-as triumph" for, as in
telligent men, they must know that the mere
change of military commanders cannot alter
the law, an1 that General Thomas will be as
much bound by its requirements as General
Sheridan. 1t cannot ''embOlGen them to re-
newed opposition TO the will of the loyal
masses, believing that they have the Execu-
tive with them;" for they are perfectly IA
miliar with the antecedeuts of the President.
aud know that he has not obstructed the
faithful execution of any act of Congress.
No one, as you are aware, has u higher ap-
probation than myself of the services of Gen
eral Thomas, and no one would be less in
clined TO assign him to n command not en-
tirely to his wishes. Knowing him as do,
cannot think that he will hesitate for mo.
ment to obey any order having in view
complete and speedy restoration of the Union,
in the preservation of which he has rendered
such important aud valuable services
General Hancock, known to the whole
country as gallant, able aud patriotic, sol.
dier, will, / have no doubt, sustain his high
reputation in any position to which lie may
be assigned. If, as you observe, the depart
ment which he will have is complicated
one, | feel confident that, under TIE guidance
and instructions Of General Sherman, Gener-
al Sheridan will soon become familiar with
its necessities, and will avail himself of the
opportunity afforded by the Indian troubles
for the display of the energy, enterprise and
daring which gave him so enviable reputa-
-tion during our recent civil struggle.
In assuming that it is the express will of
the people that Gen Sheridan should not be
removed from his present command, you re-
mark that "this is Republic where the will
of the people is the law of the land" and
beg that their voice may be heard" This
is, indeed, Republic, based, however. upon
written Constitution. That Constitution is
the combined and expressed will of the peo.
pie, and their voice is law when reflected in
the manner which that instrument prescribes.
While one of its provisions makes the Presi-
dent Commander in. Chief of the army and
navy, another requires that che shall take
care that the laws be faithfully executed. -
believing that change in the command of
the Fifth Military District is absolutely nee
essary for faithful execution of the laws,
have issued the order which is the subject of
this correspondence, and in thus exercising
power that inheres in the Executive, under
the Constitution. as Commander in. Chief of
the military and naval forces, l am discharg>
ing duty required of me by the will of the
nation. as formerly declared in the supreme
law of the land BY his oath the Ex.
10 nlty al
of his ability, to preserve, protect and
defend the Constitution" and although
in times of very great excitement it
may be lost to public view, it is his duty, with
out regard to the consequence to himself, to
hold sacred and to enforce any and all of its
provisions. Any other course would lead to
the destruction of the Republic; for, the
Constitution once abolished, there would be
no Congress for the exercise of legislative pow
ers, no Executive to see that the laws are
faithfully executed, no judiciary to afford to
the citizen protection for life, limb and pro-
perty. Usurpation would inevitably follow
and despOtism be fixed upon the people in
violation of their combined and expressed
will
In conclusion, fail to perceive any "mil>
itary," "pecuDiary" or ''patriotic reasons
why this order shonld not be carried into effect.
YOu will remember that in the first instance
did not consider General Sheridan the most
suitable officer for the command of the Fifth
Military District. Time has strengthened
my convictions upon this point, and has led
me to the conclusion that patriotic considera-
tions demand that he should be superseded
by an officer who, while he will faithfully
execute the law, will at the same time give
more general satisfaction to the whole people,
white and black, North and South.
am, General, very respectfully yours,
ANDREW JOHNSON.
Gen. U. S. Grant, Secretary Of War al in
:erim.
from the Anti.slaveru s,nnd,rdn