The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-02-08
have the honor to be, very respectfully, your
obedient servant,


THE PRESIDENTS ENDORSEMENT.
The following is the Endorsement on the above
Aote:
"As requested in this communication, Gen.
Grant is instructed in writing not 70 obey any
order from the war department. assumed to be
issued by the dictation Of the president unless
tuch order is known by the general commanding
the armies Of the United States 10 have been an
thorized by the executive.
"Jsuuary %, 1868. ANDREW JOHNSON"
LETTER NO. 3.
HEADQUARTERS UNITED STATES Army,
Washington. Jan. 80, 1868.
"HIs E1c.Tsney, Andrew johnson. President:
"Sir-I have the honor TO acknowledge the re-
turn Of nv note of the oath inst, with your in.
dorsement thereon that | am net to obey any
order from the war department assumed 10
be issued lbyi order Of the president, unless such
order is known by me as authorized by the eXecu-
tive and in reply thereto, TO say that | am in
formed by the secretary OF war that he has not
received from the executive any order or instruc-
tons limiting or impsiring his authority 10 issue
O, ders to the army, as has heretofore been his
practice under the law and customs OF the de.
psrtment. While this authority to the war de-
partment is not cOuntermanded, 1t will be salts
factory evidence 70 me that any orders issued
from the war department by direction OF the pre-
sident are authorized by the executive. | have
the honor to be, very respectfully, your obedient
servant,
TIE PRESIDENTS RESPONSE.
EXECUTIVE MANSION, Jan. 81, 1863.
Generdl-I have received your communica-
ton Of the 2Sth insrant, renewing your request Of
the Gath, that should repeat IN . written form my
verbal instructions OF the 10Th instant VIZ. That
you obey no order from the Hon. l.. Al. Stanton,
as secretary OF war, unless you have Information
that it was issued by the presidents direction Ia
EnbDoitiisG this request. with <kish complied on
the 29th inst, you take occasion to allude to re-
cent publications in reference to circumstances
connected with the vacation by yourself of the
Office Of secretary Of war dd interim. With
view to correcting the statements, which you term
gross Misrepresentation, you give at length your
own recOeciio of the facts under which, with
out the sanction Of the president from whom you
had received and accepted the appointment, You
yielded the depaSment of war to the present in
cumbent. As stated in your communication, some
time after you had assumed the duties OF secretary
of wSr dd interim, we interchanged views respect
log the course that should be pursued IN tae event
Of the nOL-concurTence by the Senate, in the sus-
pension of Mr.. Stanton. sought that interylew,
calling myself al the war department. My sole
object in then bringing the subject to your atten.
tion was 20 ascertain what would be your own
action should such an attempt be made for his
restoration to the war department. That object
was accomplished, for the interview terminated
with the distinct understanding that il, upon re-
Election, you should prefer not TO become party
20 { e controversy, or should cOncludeIt would
be your duty TO surrender the department TO Mr.
Stanton, upon action In his favor by the Senate,
you were 10 return the Office to me prior to
decision by the Senate, In order that if | desired
TO do so, might designate some TO succeed
you. Il must have been apparent TO you that had
not this understanding been reached it was my
purpose to relieve you from further discharge Of
duties as secretary of war dd interim, and to ap-
point some other person in that capacity.
"Other conversations upon the subject ensued
all having on my part, the same object and lead
ing to the same conclusion as the first It is not
Necessary however, to refer to any Of them ex.
M ma fnsf anti cd in
communication. AS it was then known the Senate
had proceeded in the case OF Mr.. Stanton, was
anxious TO learn your determination. After a
protracted interview, during which the provisions
Of the tenure of Office bill we're fully discussed
you sid that as it had been agreed upon in our
first conference, you would either return the office
80 my possession, In time to enable me 70 appoint
hsuccessor before final action by the Senate upon
Mr.. STATIONS suspension, or would remain at its
head awaiting decision by judicial proceedings.
ut vAs then understood there would be fur
Their conference on Monday, by which time sup
posed you would be prepared to inform me Of your
final decision. You failed, however, to fulfill the
engagement, and, on Tuesday, notified me, in
writing, OF the receipt of Off 3iAl notification of
the action OF the Senate in reference TO Mr.. stan
ton, and, at the same time. informed me that, &C.
cording TO the act regulating the tenure OF certain
civil Offices, your functions Of secretary of war
dd interim ceased from the moment Of the receipt
OF the notice.
"You thus, in disregard OF the understanding
between US, vacated the Office, without having
given notice Of your intent to do so. 1t is but Just
10 soy, however, that in your communication you
claim you die inform me Of your purpose, and
thus fulfilled the promise made IN our last proceed
ing conversation on Che subject. The fact that
such promise existed is evidence Of an arrange
ment Of the Bind | have mentioned You had
found, in our first conference, that the president
was DESTROYS Of keeping Mr. Stanton out of Off ie,
whether sustained in the suspension or not. YOu
knew what reasons had induced the president 10
Rsk from you promise. You also knew that, in
case your views of duty did not accord with his
own convictions, twas his purpose to fill your
place by another appointment.
Even ignoring the existence Of positive IN.
derstHndiug between Us, the conclusions were
plainly deducible from our various conversations.
Ii is certain however, that even under these cir
cumstsnces you did not offer to return the place
to my possession, bat according to your own
statement, placed yourself in position where,
could have anticipated your action, | would have
been compelled to ask of you, as | was compelled
TO ask Of your predecessor in the war department
letter OF resignation, or to resort TO the more
disagreeable mode of suspending you, by the ap-
pontment of a successor.
GAS stated in your letter, the nomination of
Governor Cox, of Ohio for secretary OF war. was
suggested 10 me. This appointment as Mr.. stan
tons successor, was urged in your name, and il
was said that his selection would save further EN-.
barrassment. did not think that in the selection
OF cabinet officer | should be trammeled by such
considerations. | was prepared to take the re-
spOnsibility of deciding the question 10 accord
ance with my ideas of constitutional duties aud
having determined upon course which deemed
right and proper, was anxious TO learn the steps
you would take should the possession of the war
department be demanded by Mr. stanton. Had
your action been in conformity with the under
standing between rs ! do not believe that the em-
barrassment would have attained its present pro.
portions, or that the probability OF its repetition
would have been so great. 1 know that, with
view to any early termination Of a state of atfIirs
go detrimental to the public interests, you vOlun.
tarily offered, both on Monday, the 18th inst. and
on the succeeding Sunday, to call upon Mr. Stan.
ton and urge upon him that the good OF the service
required his resignation.
'' confess considered your proposal sort
Of repsrstion for the failure your part TO act in
accordance with an understanding more than
once repeated, which bad received your full a..
sent, and under which you could have returned
TO me the Office which had conferred upon you,
thus saving yourself from embnrassments aud
leaving the responsibility where it properly be-
longed, with the president, who is accountable FOR
the faithful execution of the law.
{" j have not yet been informed by you whether
Rs twice proposed by yourself, you had called
upon Mr.. Stanton and msde an effort TO induce
him voluntarily to resign from the war depart