Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-02-14
DEPARTMENT OF THE ISTERIon.l
February q, 1868

DEPARTMENT OF. THE lNrERIoR,l
February q, 1868 {
Sir: | am in receipt of yours of yes
terday, calling my attention TO the cor
respondence between yourself and Gen.
Grant, published in the Chronicle, and
eepecially to that part Of the said cor
respondence which refers TO the conver-
sation between the President and Cen
eral Grant at the Cabinet meeting on
Tuesday, the 18th of January, and re-
ouesting me to state what was said IN
that conversation. In reply, | submit
the following statement At the Cabi-
net meeting on Tuesday, January the
l4th, General Grant appeared and took
his accustomed place at the board.
When he had been reached in the order
of business, the President asked him
as usual il he had anything to pre-
sent. In reply, the General, after
referring to the note which he had
that morning addressed to the Presi-
dent, ineosipg copy of resolution of
the Senate, refusing to concur. In his
reasons fon the suspension of Mr.. Stan
ton, he proceeded to say he regarded his
duties as Secretary of War dd interim
| as terminated by that resolution, and he
could not lawfully exercise such duties
| for moment after the adoption OF the
resolution. That resolution reached him
| last night, and this morning he had gone
| to the War Department, entered the
Secretary's room, bolted one door on the
inside, locked the other on the outside,
delivered the key to the AdJutant
General, and proceeded to the head
quarters of the army and addressed the
| note above mentioned to the President,
informing him he was no longer Secre-
tary ad interim. The President ex-
pressed great surprise at the course which
General Grant had thought proper to
| nursue. and addressed himself to
the General, proceeded to say, in sub
stance that he had Anticipated such ac-
ton by the Senate, and being very de-
sirous to have the constitutionality oil
the tenure of office bill tested, and his
right to suspend or remove member of
his Cabinet, decided by the highest ju
dicial tribunal of the country, he had
some time ago, and shortly after General
Grant appointment as Secretary OF War
ad interim, asked the General what his
action would be in the event the Senate
should refuse to concur in the suspension
of Mr.. Stanton, and the General had
then agreed, either to remain at the head
of the War Department till decision
could be obtained from the court, or re-
sign the Office into the hands of the Pres
ident before the case could be acted upon
by the Senate, 80 as to place the
President in the situation he occu-
pied at the time of General Grants APP
pointment. The President further said
the conversation was resumed on the
preceding Saturday, at which time
he asked the General what he intended
to do if the Senate should undertake to
reinstate Mr.. Stanton. In reply to which
the General referred to their former con-
versation upon the same subject, and
said, "You understood my position and
my conduct to be contormable to that
understanding" That he, Gen. Grant,
often expressed his repugnance to being
made party to judicial proceedings,
saving he would expose himself to fine
and Imprisonment by doing so, as his
continuing to discharge the duties of
Secretary of War Gd interim after the
Senate should have refused to concur in
the suspension of Mr.. Stanton, would be
violation of the tenure of Office bill.
That in reply to this, the President in
formed Gen. Grant he had not suspended
Mr.. Stanton under the tenure Of Of
I fee bill, but by virtue of the power
| conferred on him by the Constitution
and as to fine and imprisonment, the
President would pay whatever fine was
imposed and submit TO whatever impris-
onment might be adjudged against him
The General continued the conversation
for some time, discussing the law at
length, and finally separated without
having reached definite conclusion, and
with the understanding that the General
would see the President again on Mon
day. In reply, General Grant admitted
that the conversation had occurred, and
said that at the first conversation he had
given it as his opinion to the President,
that in the event of nonconcurrence by
the Senate in the action OF the Presi.
dent in respect to the Secretary OF
War. the question would have to be
decided by the Court; that Mr.. Stanton
would have to appeal to the Court
TO reinstate him in office, and that the ms
would remain in until they be displaced
and others put in by legal proceedings,
and he then thought so, and had agreed
if he should change his mind, he would
notify the President in time to enable
him to make another appointment; but
at the time of the first conversation he
had not looked very closely into the law.
II had recently been discussed by the
newspapers and this had induced him to
examine it more carefully, and be had
come 10 the conclusion that if the Senate
should refuse to concur in the suspen-
sion of Mr.. Stanton he would thereby be
reinstated. and he (Grant) could con-
tinue thereafter to act as Secretary OF
War nd interim without subjectibg
himself to fine and Imprisonment
He came over on Saturday to inform
the President Of this change in his
views, and did so inform him The
President replied he had not suspended
Mr.. Stanton under the tenure OF oihee
bin, bat under the Constitution, and had
appointed him Grant BY virtue Of the
authority derived from the Constitution,
etc. They continued 70 discuss she mat
ter some time, and finally he left without
anv conclusion having been reached, ex-
Meeting a see the President again on
Monday. He then proceeded to ex-
plaA Why be had not called on the
President on Monday, saying be had
long interview with General sherman
Various Eiile matters had occupied his
line until late, and be did not think the
Senate vould act. be vas asked, did
not General sherman call on yoa on