The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1868-03-06
General Emory and the Crisis.

Robert j. Walker is the legal adviser
of General Emory, and has given to cor.
respondent of the New York HeyaR the
following statement OF General Els views
aud course
Early on Saturday morning Gbout 10
o'clock) Mr.. Walker was called upon by
General Emory, who Informed him that
there was some danger of collision OF
force between Mr.. Stanton and General
Thomas. growing out Of the issue OF con
| tadctory orders 10y Mr.. Stanton aud Gen
eral Thomas.
:" He reminded me-" said Mr.. Walker,
that come time last year, upon his re
Gu at for my opinion, General Emory hai
coucurred in the Wow that no order re-.
latlng to the military operations could be
issued by the President or Secretary Of
War except through General Grant, under
the act of the 81 ct March, 1867, and that
any such order, except through General
Grant, would be null and void, ana he re
questcd me to call on General Thomas and
prevent tho issue of any such order.
called Immediately upon General Thomla,
early on Saturday morning, at the Wsr
Oaicc, aud ronlulpi ilcoted 10 him in
friendly way,my opinion that any such order
would be nullty and would subject him I,
serious consequences, especially il any such
collision should occur. | told him that lle
hrd no right, nor had the President, to dis.
obey law OF Congress upon the assump.
tiun that it was unconstitutional, unl that
it this were not so the President might set
aside all the laws OF Congress since the
foundation of the Government upon the
ground that they wero unconstitutional
That the President possessed no such pow.
er, because it was not an executive bul
excluAively a judicial power, aud that all
the laws of Congress must Ge ohcved and
executed by the President unless their ex.
ecuion was restrained by the highest
judicial authority. That to declare "A law
unconstitutional was not only tho exercise
OF judicial power, but the highest judicial
power, and only to be resorted to by the
courts, where, in their judgment, the act
was clearly unconstitutional, aud that in all
doubtful cases the court had uniformly re.
fused tn interfere with the execution of the
law. urged General Thomas very strongly
not to issue any such order, except under
the terms of the law, aud required by it,
through General Grant, aud | stated that
/ was informed by General Emory that
General Grant and officers of the army zen.
orally took the same view of the subject.
and that no useful purpose could be &C
hy his issuing such an order,
but that it might involve the country in |
civil war and widespread ruin. | further |
told him that if he or the President had |
any remedy it was with the judicial tribu. |
uals, and begged him to see the President |
at once upon the subject, which General !
Thomas said he wOnl do, informing me at !
the same time that he w0uld not issue any
snGh order except through General Grant. /
| Immediately communicated this Informa- |
ton to General Emory, by whom General |
Thomas resolution was made known |
To General Grant, who expressed his great !
at the result. On Sunday after. |
noon | was iufar,ued by two officers Of the |
army That it was apprehended that mas
much as the act OF tho 81 OF March, 1867. !
did not apply to the navy, the President |
might, through tie Secretary of the Navy |
ssue an order to the Marine Corps, at the
navy yard here, ami through their instru
mentality force General Thomas into the
possession of the War Office, and urging
ne TO see the President Immediately and
iissuade him from accomplishing such a
iurpose. agreed 10 do so, and went with !
ny son, General Walker, first to see Mr.
seward on the subiect having full confidence
hat he would exert himself 10 prevent any
'ollision Not being able to sec Mr.. Seward
went Immediately to the Prosi ents but
le had retired from the office. could not
&c him then, but left ny card, intending to
all early OH Monday morning. On look
ng at the newspapers, however, on Mon
uy morning, found that the President
ad very wisely resolved to have no coils
IN by force, and to permit the question to
e decided by judicial tr bunals Although
might he regarded as very delicate
,atter for me to advise the r. esi lent ar
is Cabinet on such question, yet where
he peace of the country was involved |
lousht it my duty to take the responsi
ility, and acted accordingly