The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-30

Howcould he faithfully execute the lava II his subor.
dnatss under tho constitution were his superiors
Under the laws Of Congress- where general power
granted in the constitution all the incidental powers 10
carry 1t out we're necessarily granted also Thus the
Reconstruction laws empowered the President 10 ap-
point District commander The right TO remove and
assign new commanders was necessary incident to the
original power OF assigning them to duty The Prss-
dent continued at length to answer the objections
OF General Grant, and finally concluded by saying
frankly that II every order he should issue was to pro-
woke political essay from General Grant, Affairs would
necessarily come 10 . stand still.
General Grant did not make many arguments during
the interview and concluded by saying to the President
that he would like to withdraw his written protest TO
the order assigning General Hancock to the Fifth Mill
tary District and that he would send written request
for the withdrawal On rising to depart the General
again said ''wh your consent Mr. President. l should
like take my protest with me now"
The President simply said Certainly, General have
objection"
The protest thereupou returned to General Grant,
who departed declaring his intention issue the order
without delay. The order accordingly issued to-
day, bearing date, however August 81.
This statement, you will notice. conradicts entirely
that which represents the President requesting Gen.
eral Grant to withdraw his protest and that Grant re-
fused to do So The facts exsctiy IS stated The
President never made any such request, but on the
contrary told Grant no should reply the protest he
did to the other
While on this subject 1t Is worth while to contradict
another mis- statement and impression Gen.
ea Grant not ordered TO accept the position Of Sec
rotary Of War; but authorized 10 act a such, and
at perfect liberty to refuse accept he saw It,
general cannot be ordered to accept civil posi-
Int "a ha ran aivA
saon in capacity, either a civil as q military
officer. Thus General Fitzpatrick who is now foreign
minister, claims pay a civil oloer, aud not as mill
tary officer So with General Grant no only receives
pay Generalin Chief OF the army. and not one cent
in his capacity as Secretary Of War ad interim.
As to whether General Hancock is to DO the permanent
commander Of the Fifth Military District only until
General Thomas recovery, not fully Informed.
Tho wording Of the order leaves In doubt the
meaning; but this say now, that the President
at this time foresees cause why Hancock should not
retain the position permanently No idea is at present
en- ertaned Of making a change.
As much has been said about Genera rants protest,
marked "prvate." In the case Of III. santon's re-
moval, few words Of explanation on the sabjec. will
not be amss. The President is not at liberty TO
give it to the press or he would have done so gladly
long ago. as his published reply in the Of Sheridan
Iu answer Q6n0rd Nv iOoIty w BtNe IL w
the press whenever he secs it, and knows that the
President does not object The only point in is the one
that the President has no power 70 remove under
the provisions OF the Reconstruction act and that
movas should b with the oonsentsof the Senate The
General says in this protest that 1t taking advantage
OF the adjournment Of Congress TO suspend Stanton at
the present time, and that 1t should have
been done while Congress was In session
From tho above statement twill be seen that II Is
OF the power Of the President to give to the public
Grants protest In the Of the modified order for the
removal Of Sheridan that having been withdrawn and
equally 80 in the case OF the letter marked privae
Grant can publish both whenever he chooses.
1t will also DO that open rupture has occurred
and may add that 1 am informed General Grant has
not expressed any intention 10 resign What day may
bring forth. however, the writer saith not.
The Feeling In Richmond.
A telegram from Richmond, Va, this evening states
that General Grants change OF base In the Sheridan
Sokes affair." by Issuing the orders for thor 70 ef gives
immense satisfaction the conservatives and republ-
cans there. The radicals who orowed so loudly yes
terday quite chopfallen to-day The progress Of
events In Washington is watched with much anxiety