The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-02-13

ndNe luVOlNeu you IN I0o resistance OIL
law. know of no statute that would
have been violated, had you carried
out your promises in good faith, and
rendered your resignation when you
concluded not to be made party In any
legal proceedings. You add, "I am in
measure confirmed in this conclus.
ion by your recent orders, directing
me to disObey orders from the SAcreta.
ry OF War, my superior and your sub
ordinate. Without having counter.
manded his authority to issue the or.
ders am to disobey."
On the oath ult. you addressed a note
to the President, requesting in writing
an order given to you verbally five days
before, to disregard orders from Mr..
Stanton as Secretary of War, until you
knew from the President himself that
they were his orders. On the 10th, in
compliance with your request. l did
give you instructions in writing not to
obey any order from the War Depart
ment assumed to be issued by the di-
rection of the President, unless such
order is known by the General COM
manding the armies of the United
States TO have been authorized by the
Executive.
There are some orders which Score.
tary of War may issue without the au-
thority of the President; there are 9TH
erS which he issues simply as the agent
OF the President, and which purport to
be by direction of the President. For
such orders the President is RESPONSE
BILE, and he should therefore know and
understand what they are before giving
such direction.
Mr.. Stanton, in his letter of the 4th
inst, which accompanies the publish
ed correspondence with the President
since the 18th of August last, further
says that since he resumed the duties
of the office, he has continued to dis
charge them without any personal or
written communication with the Presi-
dent, and he adds "nO orders have been
issued from this Department in the
name OF the President with my knowl-
edge, and have received no order from
him." 1t thus seems that Mr.. Stanton
now discharges the duties of the War
Department without any reference to
the President, and without using his
name. My order to you had only re-
ference to orders assumed to be issued
by the President. It would appear
from Mr.. StantOn's letter that you had
received no such orders from him.
In your note to the President OF the
30th ult., in which you acknowledge
the receipt of the written order of the
29th, you say that you have been in
formed by Mr.. stanton that he has not
received any order limiting his author
ity to issue orders TO the army accord
ing to the practice of the Department,
and state that while this authority to
the War Department Is not counter
manded, 1t will be satisfactory evidence
to me that any orders issued from
the War Department by direction OF the
President are authorized by the Execu-
ttVe." 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 1t to him for approval.
You reply you have received the Presi-
dents order and will not obey il, but
will obey an order purporting to be
given by his direction, fit comes from
the War Department. You will obey
no direct order OF the President, but
will obey his indirect order. II, as you
say, there has been a practice in the
War Department to issue orders in the
name of the President, without his di-
rection, does not the precise order you
have requested and have received,
change the practice as to the General of
the army2 Could not the President
cOuntermRnd any such order issued in
the name OF the President TO do spe.
ctal act, and an order directly from
the President himself not to do the act2
Is there doubt which you are to obey?
You answer the question when you say
to the President in your letter of the
superior and your subordinate" and
yet you refuse obedience to the superior
out of Difference to the subordinate.
Without further comment on the in
subordinate attitude which you have
assumed, l am at a loss to know how
you can relieve yourself from the or
ders of the President, who is made by
the Constitution. the COMMANDMENT
Chief of the army and navy, and is
therefore the official superior as we'll of
the General OF the army as of the Sec
rstary of War.
Respectfully yours,
ANDREW JOHNSON.
General o. S. Grant, Commanding ar
mics Of The United States, Washington,
D. c.
The letter of the President is accom-
panied by letters from the Secretaries
OF the Navy, Treasury, Interior, State
and Postmaster General, supporting
his positions.