Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1868-02-18

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 yot make-a subsequent para
graph of that letter of the 28th 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 begin
ming. will only notice one more statement
in your letter of the Sd inst, that the per-
formance of the promises which, it is alleged,
were made by you, would have involved you
in the resistance of law. know of no statute
that would have been violated had you, carry
ing out our promises in good faith: rendered
your resignation when you concluded not to
be made party in any legal proceedings
You add: 81 am in measure confirmed IN
this conclusion by your recent orders directing
me to dsobey orders from the Secretary of
War, my superior and your subordinate, with
out having countermanded his authority to
issue the orders 1 am to disUbey."
On the oath ultimo you addressed note to
given to you verbally five days before, to dis
regard orders from Mr.. Stanton as Secretary
of War until you "knew from the President
himself that they were his ORDERS"
Ga the 29th, in compliance with your re-
! did IDS writing
mot to obey any orders from the War Depart
meut assumed to be issued by the direction
of the President, unless such order is known
by the general commanding the armies of the
United States to have been authorized by the
Executive"
There are some orders which Secretary
of War may 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 Presi-
dent 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 instant, which accom-
panies the published correspondence, that he
has had no correspondence with the Presi-
dent since the 18th August last )" and he
further says that since he resumed the duties
of the Office he has continued to discharge
them "wthout any personal or written com~
munication with the President )" and he adds,
"no orders have been issued from this depart
ment in the name Of the President with my
knowledge, and | have received no orders
from him."
1t thus seems that Mr.. Stanton now dis
charges the duties of the War Department
without any reference to the President and
without using his name.
My order to you had only reference to or
dcrs assumed to be issued by direction of the
President" 1t would appear from Mr.. Stan
toms letter that you have received no such
orders from him. However, in your note to
the President of the 3Uth ult., in which yuu
acknowledge the receipt of the written order
of the 10Th, you say that you have been in
formed by Mr.. Stanton that he has not re-
ccived any order limiting his authority to is
sue orders to the army according to the prac-
tice of the Department. and state that "while
this authority to the War Department is not
countermanded it will be satisfactory evidence
to me that any orders issued from the War
Department by direction Of the President are
authorized by the Executive"
The President issues an order to you to
obey no order from the War Department.
purporting to be made "by the direction of
the President" until you have referred it to
him for his approval. You reply that you
have received the Presidents order and will
not obey it, but will obey order purport-
ing to be given by his direction If 1t comes
from the War Department. You will not
obey the direct order of the President, but
will obey his indirect order. If, as you say,
there has been practice in the War De-
partmcnt to issue orders in the maine of the
President, without his direction, does not the
precise order you have requested and have
received change the practice as to the gener-
al of the army? Could not the President
countermand any such commands issued to
you from the War Department? If you
should receive an order from the War De-
partment, issued in the name of President,t to
do special act. and an order from the Presi-
dent directly, not to do the act, is there
doubt which you ought to obey?
You answer the question when you say to
the President, in your letter of the Sd inst,
the Secretary Of War is my superior and
your subordinate" and yet you refuse obedi-
ence to the superior out of Difference to the
subordinate Without further comment up
on the subordinate attitude you have assumed,
| am at loss to know how you can release
yourself from obedience to the orders of the
President, who is made by the constitution
commander-in chief of the army and navy.
and is therefore. the official superior as we'll
of the General of the Army as of the Secre-
tary Of War ANDREW JOHNSON.
General U. S. Grant, commanding armies of
the United States, Washington, D. G.
Copy of letter addressed to each of the
members of the Cabinet present at the con-
yersation between the President and General
Grant on the 14tl of January, 1868:
EXECUTIVE MANSION,
Washington, FEB. 5, 1868.
Sir: The Chronicle of this morning con-
tans a correspondence between the President
and Gen. Grant, reported from the War De-
partment, in answeEto resolution of the Ho.