The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1868-02-25


Department till decision could be OBJ,
tanned from the Court, or resign the Office
into the hands Of the President before
| the case was acted upon by the Senate, SO
as to place the President in the same SIT
uation be occupied at the time sof his
| (Grant's) appointment.
The President further said that the
conyersation was renewed on the prsoe-
ding 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 conversation upon
the same subject, and said: 80 You under-
stand my position and my conduct will be
conformable to that understanding that
he (the General) then expressed repug-
nance to being made party to ajudicial
proceeding, saying that he would expose
himself to fine and imprisonment BY doing
SO, as his continuing to discharge the du-
tiles Of Secretary of War dd Interim after
Ethe Senate should have refused to concur
lin the suspension of Mr.. Stanton, would
[be violation of the Tenure of Office
tbill; that in reply to this, he (the Presi-
fdenD informed Gen. Grant that be had
mot suspended Mr. Stanton under the
Tenure -of-ofice bill; but by virtue Of the
lpowers conferred on him by the Constitu-
tion, and that as to the fine and impris-
lonment, he (thePresident1 would pay
whatever fine was imposed and submit to
whatever imprisonment might be ad-
Judged against him (the General; that
they continued the conversation for some
ltime, discussing the law at length, and
that they finally separated without having
reached definite conclusion and with the
understanding that the General would see
the President again on Monday.
/ In reply Gen. Grant admitted that the
conversations had occurred, and said that
lat the first conversation he had given il
las his opinion to the President that in
1.-THE event of on-concurrence by the Sem
ate in the action Of the President in re-
ispect to the Secretary of War, the ques-
ltion would have to be decided by the
ECourt; that Mr.. Stanton would have 20
appeal to the Court to reinstate him in
Office; that the ins would remain in5till
they could be displaced and the outs put
in by legal proceedings, and that he then
thought so, and agreed that if he should
tchange his mind he would notify the
President in time to enable him to make
1another appointment. But at the time
of the first conversation he had not look
ed very closely into the law; that it had
recently been discussed by the newspa-
pers, and that this had induced him to
examine 1t more carefully, and he bad
lcome to the conclusion that if the Senate
should refuse to concur In the suspension,
Mr. Stanton would thereby be reinstated,
and that be Grant could not continue
thereafter to act as Secretary of War ad
interim, without subjecting himself to
fine and Imprisonment, and that he came
lover on Saturday to inform the President
Iof the change in his views, and did SO
inform him; that the President replied
that he had not suspended Mr.. Stanton
under the Tenure-of- Office bill, but un-
der the Constitution, and had appointed
him (Graut by virtue of the authority
derived from the Constitutions, &c.; that
they continued to discuss the matter some
time, and finally he leftwithoqt any con-
tclusien having hesnraaehad,-e ,-expecting to
see the President again on Monday. He
then proceeded to explain Why he had
not called on the. President on Monday.
saying that be had long interview with
Gen. Sherman; that various little matters
had occupied his timetill it was late. and
that he did not think the Senate would
act so soon, and asked, ibid not Gen.
Sherman call ON you on Monday2"
/ / do not know what passed between the
President and Gen. Grant on Saturday,
Except as / learned it from the conyersa-
lticn between them at the Cabinet meet
ling on Tuesday, and the foregoing is
substantially Shat then occurred. The
precise words used on the occasion are
not, Of course, given exactly nthe or
| der in which they were spoken but the
| ideas expressed and the facts stated are
faithfully preserved and presented.
I have the honor to be, sir, with great
respect, your obedient servant, s &
o. a. BROWNING.
REPLY OF SECRETARY SEWARD.
| DEpARTMENr OF STATE, &
WAsHINdToN Feb. 6. s
SIR: The meeting. to which you refer
lin your letter was regular Cabinet meet
ing. While the members were assem-
bling, and before the President had en-
tered the council chamber, Gen. Grant,
on coming in, said to me that he was
there, not as member OF; the Cabinet,
but upon invitation, and Ireplied BY the
inquiry whether there was change IN
1.-THE War Department. 5.
| After the President had taken bis seat
business went on in the uAual way OF
hearing matters submitted By the several
Secretaries. When the time came for the
Secretary of War, Gen. Grant said that
| he was now there, not as Secretary OF
War, hut upon the President 3 in nyitation;
that he had retired from the War Depart
ment.s SsF.. go sEF
| A slight difference then appeared about
| the supposed invitation, Gen. Grant say
| ing that the officer who had borne his
letter TO the President that morning, an
nouncing his retirement from the War
Department, had told him that the Pres,
ident desired to see him at the Cabinet,to