Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-02-20

determined ~ 30 the VERY thing Whl,h
At last yuu dd surrender thr oil8e a.
Ma stanton, Nou may have ehansed
your views as L. the law, hut You ocrialn'
~ did not change your views a. 10 TIE
course YOU had marked out Tor yourself
from the beginning,
i "a III s-ElF Iststtrr- NtStrtttrtrt
in Your lrtter OF the 'l inst,-thai thv
performance If the promises which II l.
alleged were made ~ yua, ,wouid have
involved yuu IA the resistance 81 law, /
kuuw ri no statute that would have heen
violated had you, carrying out YOUR pn'm'
ises in good faith, rendered Your rvssgua-
tion when you concluded not 10 he made
party in any legal procecdmgs You
add | am IN mcasurr confirmed
IN This conclusion by YOUR recent or
lcrs directing me IA dlsobey orders
from the Secretary ot Warmly supe-
riur aud your subordinate, without hay'
ms couutcrmaudea his arthoFlty u
ISSUE the orders am "a di>ohcy," On
IKE eth ult,, YOU addressed a note 10 the
President, requesting, in writing, an order
given 10 YOU verbally five days before Ia
disregard orders from Mr., Stanton u, See
rotary OF War until YEN knew from the
President himself that they Were his or
lers TN the Goth, in compliance with
your request, did give YOU Instructions
IN writing lst.t 4. etrvy amy urJtUr from TIN
War Department assumed 10 be issued hy
the direction Of the President, unless such
order is known by the General command
ing the armies Of the United States 10
have been authorized by the Executive
There are some orders which y -Seerat.sF,z
II War may issue without the authority
of the President There are othjrs which
he issues simply rs the agent Of the Pres
IIiUut, and which purrort To hc by dircc-
tion of the President. For such order,
the President is rrsponsiblc,and he should,
therefore know and understand what thcy
are before giving such directions. Nh
stanton states, in his letter Of the It'll
inst, which accompanies the published
correspondence, that he has had no cot
rcspondence with the President since the
Iath Of August last, and he further says
that since he resumed the duties OF the
ptticc, he has continued To discharge them
without any personal or written commu-
nicatiOn with the President; and he
adds: "No orders have been issued from
this Department in the name OF the
President with my knowledge, and |
have received no orders from him.
IL tllttts- seetns ti1t NJ. Stanton nov us
charges. the duties OF the War Depart
ment without any reference to the Pres
idont, and without using his name. Nv
order TO you only had reference To or
ders assumed to be issued by the Pres
ident. Ii would appear from Mr.. Stan
tons letter that you have received no
such orders from him. In your note TO
the President of the Both ult., in which
you acknowledge the receipt Of the writ
ten order of the Goth, You say that you
have been informed by Mr.. Stanton that
he has not received any order limiting his
authority toissue orders to the army, ac-
cording to the practice Of the Department,
and state that, "while this authority to
the War Department is not counter
manded, it will be satisfactory evidence
to Inc that any orders issued from the
War Department, by direction of the
President, are authorized by the ESecu-
tive"
The President issues an order to you to
obey no order from the War Department
purporting TO be made "by direction of
the President" until you have referred it
TO him for its approval. You reply that
you have received the Presidents order,
and will not obey it, but will obey an order
purporting to be given by his direction,
" if it comes from the War Department"
You will obey no direct order of the Pres
ident, but will obey his indirect order.
III. as you say, there has been practice in
the War Department to issue orders in
the name of the President, without his
direction, does not the precise order you
have requested and have received change
the practice as TO the General of the Army.
Could not the President countermand any
such order issued TO YOU from the War
Department If you should receive an
order from the Department issued in the
name of the President to do a special act
and an order directly from the President
himself not to do the act, is there doubt
which you are to obey Gou answer the
question when you say to the President
in your letter Of the 81 inst, 1.-THE Scercta-
icy OF War is my superior and your sub
ordinate" And yet you refuse obedience
to the superior out of Difference to the
subordinate.
Without further comment upon the
subordinate attitude which you have as
sumed, ! am at loss to know how you
can relieve yourself from the orders ot
the President, who is made by the Con-
stitution Commander-in-Chief of the
Army and Navy, and is therefore the Off
cial superior, as well OF the General of the
Army MS Of the Secretary of War.
Respectfully yours,
ANDREW JOHNSON.
Gen. L. 5. Grant, Commanding Armies OF
the United States, Washington, ID. c.