Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1868-02-20
to require Mr.. Stanton to establish bis right by

of Secretary Of War Gd interim, the Presiden
asked me nv views as TO the course MIR. Stantor
would have TO pursue, in case the Senate shoul'
not concur in his suspension, to obtain posses
sion of his Office. My reply was, in substance
that Mr.. Stanton would have to appeal to the
courts to reinstate him, illustrating my position
by citing the ground had taken in the case Of
/ the Baltimore Police Commissioners"
Now, at that time as You admitin yourletter OF
the Sd instant, you held the office for the very
object of defeating an appeal to the courts In
| that letter you say that in occupying the Office
one motive was to prevent the President from
appointing some other person who would retain
possession, and thus make Judicial proceedings
necessary.
| You knew the President was unwilling to
trust the Office with any one who would not,
by holding it, compel Mr.. Stanton tc resort to
the courts. You perfectly understood that in
this interview, some time after you accepted
the office the President, not contentcd with
your silence, desired an expression OF your
views, and you answered him that Mr.. Stanton
would have to appeal TO the courts" II the
President had reposed confidence before he
knew your views, and that confidence had been
violated, it might have been said he made a
mistake; but a violation Of confidence reposed
after that conversation was no mistake OF his,
nor of yours. 1t is the fact only, that needs be
stated, that at the date of this conversation you
did not intend TO hold the Office with the pnr-
pose of forcing Mr.. Stanton into court, but did
hold it then and had accepted it TO prevent that
course from being carried out. In other words,
YOU said to the President that is the proper
course" and you said to yourself, 81 have ac-
cepted the Office, and now hold it, TO defeat
that course"
The excuse you make-a subsequent para
graph Of that letter of the 2Sth ultimo--that
afterwards you changed your views as to what
would be proper course, has nothing to do
with the point now under consideration. The
point is that before You changed your views,
you had secretly determined to do the very
thing which at last You did-surrender the
office to Mr. Stanton. You may have changed
your views as to the law, but you certainly did
not change your views as to the course You had
marked out for yourself from the beginning
| will only notice one more statement IN your
letter of the 81 instant-that the performance
of the promises which, it is alleged. were made
by YOU, would have involved you in the resist
ance of law. | know Of no statute that would
have been violated had you, carrying out your
promises in good faith, rendered your resigna-
ton when you concluded not 10 be made
party in any legal proceedings You add: 81
am in a measure confirmed in this conclusion
bv your recent orders directing me TO disobey
orders from the Secretary of War, my superior
and your subordinate, without having counter
manded his authority to issue the orders am
to disobey."
On the oath ultimo you addressed note TO
the President requesting in writing an order
given to you verbally FIVE days before, TO dlsre-
gard orders from Mr. Stanton as Secretary of
War until you knew from the President him
self that they were his orders"
On the Goth, in compliance with your re-
quest, did give you instructioDsin IN writing mot
70 obey any orders from the War Department
sssumed to be issued by the direction of the Pre-
sident, unless such order is known blythe General
commanding the armies of the United States
10 have been authorized by the Executive"
There are some orders which Secretary OF
War NAV 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 directions.
Mr.. Stanton states, in his letter Of the 4th IN
slant. which accompanies the published cores
pondence. that he /" has had no correspondence
with the President since 18th August last ;"
and he further SAYS that since he resumed the
duties of the Office he has continued to discharge
II 1oro,,,al nrt tgPittQn
munication with the President" and he adds,
"No orders have been issued from this Depart
ment in To- name of the President with my
knowledge, and have received no orders IRON
him"
1t thus seems that Mr.. Stanton now discharg-
es the duties Of the War Department without
any reference 10 the President and without
using his name.
Nv order to you had only reference to orders
" assumed TO be issued by direction Of the
President" It would appear from Mr.. STAN
tons letter that you have received no such or
ders from him. However, in your note TO the
President Of the 30th uldmo, in which you
acknowledge the receipt Of the written order
of the Goth, YOU say that you have been inform
ed by Mr.. Stanton that he has not received any
order limiting his authority 10 issue orders TO the
army according TO the practice OF the Depart
ment and state that :" while this authority to
the War Departments is not countermanded, 1t
will be satisfactory evidence 10 me that any
orders issued from the War Department by di-
rection of the President are authorized by the
Executive"
The President issues an order TO you to obey
no order from the War Department, purport-
ing to be made by direction Of the Presl-
dent until you have referred it to him for his
approval You reply that you have received
the Presidents order, and will not obey II, but
will obey an order purpoTting to De given by
his direction If Il comes from he Var depart
ment. You will not obey the direct order oi
the President, but will obey bis indirect order
, IT, as YOU say, there has been a practice in the
! War Department to issue orders IN the name
of the President without his direction, does ho'
the precise order you have requested ana nave
received change the practice as 70 the uenera'
I Of the Army? Could not the President coun-
termand any such commands ISSUED 70 you
! from the War Department?
/ Ifyou should receive an order from the wal
Department. issued in the name OF the Presi'
dent 10 do special act, and an order from th'
President directly, not TO do the act. is there a
doubt which you ought 10 obey? You answer
the question when you say 70 the President, II
vour letter Of the Sd inst, the Secretary Of Wa
is my superior and yOursubordinate, andye
Won refuse obedience TO the superior out 0
Difference 10 the subordinate. Without furthe
comment upon the subordinate attitude yo'
have assumed. am at loss 10 know hoV
YOU can release yourself from obedience to th
orders Of the President, who is made by tn
n .....-. ..-.S,o, "a, -, rhief ~ the arm