The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1868-02-26

understanding, therefore, | renew the
request that you will give the written
instructions, and till they arc rccciv-
ed will suspend action on your verbal
ones.
am compelled to ask these in
structions i'll writing, in consequence
of the many gross misrepresentation,
affecting my personal honour, circula-
ted through the press for the last fort.
night, purporting to como from the
President, of conversations which oc-
CURED either with the President pri.
vatcly i'll his office, or in Cabinet
meeting. What is written admits of
no misunderstanding.
In view Of the Misrepresentation re-
fcrrcd to, it will be well to state the
facts IL the case.
Some time after assumed the du-
ties of Secretary of War at interim,
the President asked my views as to
the course Mr.. Stanton would have to
pursue, in case the Senate should not
concur in his suspension, to obtain
possession of his Office. My reply
was, in substance, that Mr.. Stanton
would have to appeal to the courts to
rcinstate him, illustrating my position
by citing the ground [ had taken in
the case of the Baltimore Police Com
missioncrs.
In that case / did not doubt the
technical right Of Governor Swami to
remove the old commissioners and to
appoint their successors As the old
commissioners refused to give up.
however, contcndcd that no re-
source was left but to appeal to the
courts.
Finding that the President was de-
sirous of keeping Mr.. Stanton out of
office, whether sustained in suspension
or not, stated that l had not looked
particularly into the "tcnurc of Office
bill" but that what l had stated was
Il general principle and if l. should
change my mind in this particular
case J. would inform him of the fact.
Subsequently, on reading the ten.
ure of Office bill closely, | found that
| could not, without violation of the
law, refuse to vacatc the Office of
Secretary of War the moment
Mr.. Stanton was rcinstatcd by
that Senate, even though the Prcsi
dent should order me to retain it,
which he never did
Taking this view Of the subject, and
learning on Saturday, the 7til instant,
that tl," Sn""t" h"d taken Nh the sub
ject Of Mr.. Stanton's suspension, after
some convcrsat ton with Lieut.. Gcncr-
al Sherman and some members of my
staff, in which | stated that the law
left me no discretion as to my action,
should Mr.. Stanton be rcinstatcd, and
that intended to inform the Prcsi.
dent | went to the President for the
sole purpose of making this decision
known, and did SO make it Hnown.
In doing this | fulfilled the promise
made in our last preceding convcrsa-
ton on the subject.
The President, however, instead cf
accepting my view of the require
mcnts of the tenure of the Office bill,
contcnded that he had suspended Mr..
Stanton under the authority given by
the constitution, and that the same
authority did not preclude him from
reporting, as an act Of courtesy, his
reasons for the suspcntion to the SEN
ate. That. having appointed me un
der the authority given by the consti-
tuition, and not under any act Of Con-
grcss, could not be governed by the
act. | stated that the law was bind
ing on me, constitutional! or not, until
set aside by the proper tribunal. An
hour or more was consumed, each rel
herating his views on this subject, un-
Ill, getting late, the President said he
would sec nc again.
/ did not agree to call again on
Monday, nor at any other definite
time nor was / sent for by tho Prcsi-
dent until the following Tuesday.
From the | lth to the Cabinet meet
ing on the llth instant, doubt never
entered my mind about the Prcsi
dents fully understanding my position
namely, that if tho Senate refused
to concur in tho suspension of Mr..
Stanton, my powers as Secretary of
War ad interim would cease, and Mr..
STANTON right to assume at once tho
functions Of his Office would, under the
law, be indisputablo-and I acted ac-
cordingly. With Mr.. Stanton I had
no communication, direct or indirect,
on the subject of his reinstatement
during his suspension.
| know it had been recommended to
the President to send in the name of
Governor Cox, of Ohio, for Secretary
of War, and thus save all embarrass-
ment, proposition that I sincerely
hoped he would entertain favourably,
General Sherman seeing the President,
at my particular request, to urge this,
on the 9th instant.
Or Tuesday Qhe day Mr.. Stanton re-
entered The Office of the Secretary Of
WAR;, Gen. Comstock, who had carried
my official letter announcing that with
Mr. Stanton's reinstatement by the
Senate had ceased to be Secretary of
War ad interim, and who saw the Pres
ident open and read the communication,
Il