The New York herald., 1868-02-25

building and to assume the once Of Secretary Of War
| ad interim.n
Mr.. Stanton replied, II do not acknowledge ssch
authority. do not recognize the authority Of the Prssi-
dent to issue any such order refuse 10 surrender the
War once, the building the mails, records &c. be-
longing 10 the Department" Mr. Stanton further said,
General Thomas. now order you TO your room
Adjutant Genera! and discharge duties OF such
Office"
General Thomas again replied, al viii do no zach
thing have been ordered to discharge the duties OF
Secretary Of War ad interim and intend to do So"
Genera, Thomas then len Ar. stantons ana
paired to General schrivsrs room, then to Genera!
Townsend's room and next to Geners Beck's room To
each OF these officers he gave orders that all letters
important eommuncatons &C.. coming TO- gong from
through their respective departments should be sent
At once to him. General Thomas then lsf, proceeded
10 tho White House and at admitted to tho
President He remained but . few minutes in confer
sncs with Mr. johnson, when he came ana started
| FOR his home.
After General Thomas had left tho White Hou:e your
correspondent was fortunate enough obtain short
interview with him. Il Is extremely diHcut TO &c. ac-
10 the General in these stirrDs mes ho is con
| stantly surrounded by prominent officials and nfu-
enth professors Of political philosophy, and he has
suddenly become Of such great importance that he has
but very fow moments that not occupied by the
| pressing demands OF visitors.
In reply 10 the question whether he intended TO re
! ,nrp N tho War nepsrtncps todav Canerai Thomaa
replied that he was not decided upon question; he
was III. aud there was urgent necessity Of his
presence at the War Department he did not think hs
would 60 there.
Your correspondent remarked that impression
seemed to be gaining ground that he was not reso-
lutte enough in enforcing his claims to his position
that expected he would bring the question as TO
who was 10 be recognized tho head OF tho War
Department TO an issue this morning.
General Thomas answered that that question now
in fair way be decided. There the least dis
position his part TO finch from the duty required Of
him. but he regarded his duty to obtain the desired
end with as o trouble possible.
II ie ascertaned almost hey ond doubt however. that
tho orders said have been left by General Thomas
| with the assistant adIutant generals OF the
War Department to lay before him the busi-
mesa of the department will not bo ooeyed.
Every one 10 the ofico from Townsend the
gers are instructed by Mr. stanton to obey orde
except such as emanate from him. Several nbe.s
Of tho press cndcavorod to Generals Townsend and
Williams this morning, but refused admssio by
| the former
report circulated this morning that .
| writ Of quo warranto had been issued In the case
| OF General Lorenzo Thomas. On inquiry however.
It ascerained that NO wr. has as yet been
ssued The writ comes und,r jurisdiction Of the Dis
Court and not has been supposed under that Of
the Supreme Court oil the United States II is tho
op mon Judges OF the District Court that either
tho civil criminal courts tako cognzance OF the
subject. Attorney General stanbery 10 now In the
Supreme Court occupied with some business, after the
transaction which 1t stated he will repair to the
Dsrc, Court and apply for the writ OF quo warranto
The Rumored characterization Of General
EmOry-ExplRnRti0ns Of MIR. Robert j
| Walker.
have just had an interview with Mr.. Robert J.
Walker in relation to the rumored nsubordinaton ol
General Emory, the commander Of this department.
Mr. Walker is the legal adviser Of General Emory and
mado to mo the following statement substantially
Early on Saturday morning about ten o'clock Hr.
| Walker was called upon by General Emory, who in
formed him that there was some danger Of q collision
| OF force between Mr. Stanton and General Thomas,
growing out OF the issue OF contradictory orders by Mr.
Stanton and General Thomas.
He rom nded me" I" said Mr. Walker, sthat some time
last year. upon his request for my opinion, General
Emory had concurrcd In the Wow that no order rela
ing TO tho military operations could be issued by
~ War ouUh
General Grant, under the act Of the I'd OF March 1857
any such order except through General Grant,
would be null and void, and he requested mo to call
General Thomas and prevent tho issue OF any such
order. called Immediately upon General Thomas
early on saturday morning, at the War ONCE, and
municatsd TO him in friendly way my opinion that
any such order would be nullity and would subj sc
him to serious consequences, especially an,
such collision should ! tod him tha
he had right nor hal the President. u
dsobey law Of Congress upon the assumption that II
unconstutional and that II this wore not SO the
President might aside all the laws OF Congress since
foundation Of the government upon the ground tha
they were unconstitutional That tho President pos
sessed such power because was NOT
an executive, but exclusively . judicial power,
and that all the laws o. Congress must bc
beyed executed BY the President unless their oxe-
cution was restrained by the highest judicial authority
That to declare law unconstitutional was not only the
exercise OF judicial power but the highest judicial
power and only 10 be resored by the courts whore
their judgment the act was clearly unconstitutional,
and that 10 all doubtful cases tho court had uni
formy refused to interfere with the execution Of the
law l urged General Thomas very strongly not 10
issue any ords under the terms Of the law.
and required BY II, through General Grant, and stated
,ha. was informed by General Emory that General
Grant and officers OF the army generally took the same
and hat no aaf ha
accomplished BY his Issuing such order but that Il
might involve the country in civil and widespread
ruin further told him tha II be or the President had
any remedy 1t was with the judicial tribunals. and
begged him 10 see the President 81 once upon ths
auhecs which Generil Thomas said be YOU ID do, in