The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-02-06
ilpcH>. ARMY OF THE UNITED STATES, !
WA>HIE"TV&, u. G., January 2S, lS6S. )

HDcEs. ARMY OF TIE UNITED STATES,
WA>HIE"TV&, u. G., January =, lS6S.
His Ercelisncy A. johnson,
President Of the United States:
Sir,-On the 24.h instant / requested
you to give NE in writing the instructions
which YOU had previously given me YER
bally, not to obey any order from the Hon.
H. NJ. Stanton, Secretary Of War, unless l
knew that It came from yourself. In this
written request received message that
las left doubt in my mind of your inten-
lions To prevent any possible misuuder-
standing, therefore, | renew the request
that you will give me written instructions,
and until they are received will suspend
action on your verbal ones.
am compelled to ask these instructions
in writing in consequence Of the many
gross Misrepresentation affecting my per-
sonal honor circulated through the press
for the last fortnight, purporting to come
from the President, of conversations which
occurred either with the President pri-
rately, in his office, or in Cabinet meeting.
What is written admits Of no misunder-
standing.
In view Of the Misrepresentation re-
frrred TO, it will be we'll to state the facts
II the case.
Some time after I assumed the duties of
Secretary Of War ad interim the Presi-
dent asked my views as to the course Mr.
Stanton would have to pursue, in case the
Senate should not concur in his suspen-
sion, to obtain possession of his office. My
reply was, in substance, that Mr.. Stanton
would have 10 appeal to the courts to rein
state him, illustrating my position by
citing the grouud had taken in the case
Of the Baltimore police commissioners.
In that case | did not doubt the techni-
cal right of Governor Swami to remove
tie old commissioners and to appoint their
SUCCESSORS. As the old commissioners re-
fused to give up, however, / contended that
10 resource was left but to appeal to the
courts.
Finding that the President was desirous
Of keeping Mr.. Stanton out of office,
whether sustained in the suspension or
not, stated that had not looked particu-
layly into the tenure-of-o Office bill," but
that wha, had stated was a general prin-
ciple, and if I should change my mind
IN this particular case would inform him
Of the fact.
Subsequently,, on reading the tenure
of-otiice bill closely, fonnd that could
not, without violation of the law, refuse
10 vacate the Office Of Secretary Of War
the moment Mr.. Stanton was reInstated
by the Senate, even though the President
SHOULD order me to retain it; which ne
never did.
Taking this view Of the subject, and
an Sot dow ho that
,ae Senate had taken up the subject of
AF. Stsnton's suspension, after some con-
'eESaiIon with Lieutenant-General Sher-
man audH some members Of my staff, in
which stated that the law left me no discre-
uon as TO my action should Mr.. Stanton be
te!nstated, and that I intended to inform
the President, I went to the President
!oF the sole purpose of making this deci-
Bon known, and did so make it known.
In doing this fulfilled the promise made
u our last preceding conversation on the
subject.
lle President, however, instead of &C
'ep''ng my view OF the requirements of the
WhNge-oi Office bill, contended that be had
suspended Mr. Stanton under the autbo-
'Ny given by the Constitution, and that the
.-lse authority did not preclude him from
sPofting, as an act Of courtesy, his rea-
yNs T4 lor the suspension to the Senate.
','., Iaa: having appointed me under the au-
"DHy ,uoHIlty given by the Constitution, and not
ga, rnucr any act of Congress, could not be
tY'erhed by the act. / stated that the
-" Wv was binding on me, constitutional or
s.,'' oh'' SET aside by the proper tribunal.
g." h'ar Or more was consumed, each reit-
r.n,!Dg bis views on this subject, until,
sssS ing late, the President said he would
''G me again.
,ns.a a.o not agree to call again Oh Monday,
~ sny other definite time, nor was ]