Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-02-12
War, untilsyou "aknew from the President him
self that they were his orders"


self that they were his orders.
On the 29th, in compliance with your re-
quest, [ did give you Instructions IN writing
t7snot to obey any orders from the WarDepart-
ment, assumed TO be issued by the direc-
ton of the President, unless such order IS
known by the General commanding the Armies
of the United States to have been authorised
by the Executive. +"
There are some orders which Secretary Of
War may issue without the authority OF the
President; there are others which he issues
simply as the agent of the President, and
which purports to be ',by direction" OF the
President For such orders the President is
responsible, and he should, therefore, know
and understand what they are before giving
such Corrections. Mr.. Stanton states, In his
letter of the 4th instant, which accompanies
the published correspondence, that he has
had no correspondence with the President since
the 18th Of Aug ust last" and he further says
that since he resumed the duties OF the Office
he has continued to discharged them without
any personal or written communication with
the President" and he adds: mo orders
have been issued from this Department in the
name of the President with my knowledge, and
I have received no orders from him. 1855.
It thus seems that Mr.. Stanton now dis,
charges the duties of the War Department
without any reference to the President, and
without. using his PANE -
Ny order to you had only reference to orders
assumed to be issued by direction OF f. the,
President. 1T would appear from Mr.. Stan,
tons a letter that YOU have received no such
orders from him However, in your note to
the President, of the Both ultimo, in which
you acknowledge the receipt Of the written
order of the 29th, you say that you have been
informed by Mr.. Stanton that he has not
received any order limiting his authority to
issue orders to the army according to the prac-
tice of the Department, and state that while
this authority to the War Department is not
countermauded it will be satisfactory evidence
to me that any orders issued from the War
Department by direction Of the President are
authorized by the Executive:
The President issues an order to you to obey
no order from the War Department. purpor-
ting to be made 'by the direction OF the Presl-
dent,"z until you have referred it to him for
his approval. You reply that you have re-
ceived the Presidents order, and will not obey
it, but will obey an order purporting to be
given by his direction fit comes from the Var
Department. You will not obey the direct
order of the President, but will obey his IN
direct order If, as you say, there has been a
practice in the War Department to issue orders
in the name of the President without his direc.
ton, does not the precise order you have re-
,quested and received change the practice as
to the General of the Army? Could not the
President countermand any such commands
issued to you from the War Department? If
you should receive an order from the War
Department., issued in the name ofthe Pres-
denr, to do special act, and an order from the
President directly, not to do the act is there a
dotb (which you ought to obey? You answer
the question when you say to the President,
in your letter of the Sd instant, the Secretary
of War is my superior and your subordinate"
and yet you refuse obedience to the superior
out Of Difference to the subordinate Without
further comment upon the subordinate attitude
you have assumed, am at q loss to know how
you can release yourself from obedience to the
Constitution COMMANDMENT Chief Oft the Army
and Navy, and is, therefore, the official SUI
perior as we'll of The General of the Army as
of the Secretary of War. :.
.(Signed) . ANDREW JOHNSON,
General y. S. Grant, commanding Armies
Of the United States, WashipgtonD G:
To this were appended letters from Secretary
Wells, McCulloch, Randall, Browning and
Seward-al, in the main, substantiating the
Presidents statements The following from
Gen. Grant was also sent to the House and is
with the foregoing
- HDQ'Rs ARMY OF TIE u. s.,
WASHINGTON, D. c., Feb. II, 'GS. J
Els Eccelleney, 4. johnson,
Presidentof tile United States
S1R-I have tina honor to acknowledge the
receipt of your communication of the 10th
inst, accompanied by statements of five Cab,
met Ministers, of their recollection of what
occurred in Cabinet meeting on the 18th Of
January Without admitting anything con
tanned in these statements, where they differ
from anything heretofore stated by me, L pro
pose to notice only that portion of your com
munication wherein [ am charged with insub-
ordination | think it will be plain to the
reader of my letter of the Goth of January that
[ did not propose to disobey any legal order Of
the President distinctly given, but only gave
an Interpretation of what would be regarded
as satisfactory evidence of the. President
sanction to orders communicated by the Secre-
tary of War I will say here that your letter
of the 10th instant contains the first intimation
[ have had that you did not accept that inter
probation. Now, for reasons for giving that
Interpretation 1t was clear to Inc before my
letter of January Goth was written that /, the
person having more public business to transact
with the Secretary Of War than any other Of
the Presidents subordinates, was the only one
who had been instructed to disregard the au
thority Of Mr.. Stanton, where his authority
was derived as agent of the President. On
the 9th of January received letter from
the Secretary of War (copy herewith directing
mo IN furnish oeoort IN nnhIio treas1 70 from
the Rio Grande to New Orleans, &C., at thu
request of the Secretary Of the Treasury tc
him. [ also send two other enclosures show
ing recognition Of MIR Stanton as Secretary Of
War by both the Secretary of the Treasury
and the Postmaster General, in all of which
cases the Secretary of War had to call upon
me to make the orders requested, or give the
information desired, and where his authority tc
do SO is derived, in my view, as agent of the
President, With an order so clearly ambigu.
OILS as that of the Presidents here raferred to.