Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-02-18

yeracity, raised between himself and the
General Of the Armies. r
Z would, even without these corrobo-
rations of the truth of the Presidents
statements, be bard to believe that he
understood that, Immediately upon the
Senate refusing to.sustain the suspension
of STANTON, Gen. GRANT would retire
from the War Office at one door while
STATION walked Ia at the other.
The President believed, and had de-
clsred by bis veto that the Tenure Of
Office act was unconstitutional. The
question was as grave sn one as ever has
arisen in this Republic, not OF mere pTes-
ent and trsnsitory importance, but con-
cerning the distribution of the powers of
the Government, and the dignity of the
Office Of President, aud the independence
of the Executive Department. II the
restoration of Mr.. STANTON to the post
of Secretary of War had even not been
personally offensive and insulting to the
President, and intended to lower him in
the public esteem, to enable a subordi-
nate TO thwart and defy him, and to make
the actual Commander in Chief Of the
Army mere cypher, still 1t would have
been not only the right, but the duty OF
Mr.. JOHNSON, to refuse TO permit the
unmannerly intruder to enter upon the
duties Of Secretary of War, and apply
for mandamus to obtain admission, so
that the question of the validity Of the
law and of the action of the Senate
might at once come before the Supreme
Courtfo its decision.
It cannot reasonably be supposed that
the President understood that General
GRANT meant to prevent the submission
of the question to the Supreme Court
shd if there were only the opposing
statements of him and the President,
from which TO form aa opinion, one
would be irresistibly forced to conclude
thas the President did not anticipate that
General GRANT would pursue the course
which he did; and that, if the latter did
not deceive the President, he at least did
not take pains distinctly to inform him
Of the course which he intended to take.
The Picdyane very fJrcibly says:
The power OF the President to bring
this constitutional question to direct
issue was complete 50 long as the War
Once was not in the actual custody Of
the excluded officer. If he had the
smallest reason to believe that Gen.
Grant would Illustrate that purpose, he
could have protected himself by sn order
substituting another Secretary qd iHte-
rim. That he did not do SO, when the
moment for action was so near, is proof
that he fully expected Gen. Grants &C.
operation to that extent, and no special |
pleadings on ambiguous words or Tecrim- |
nations about misremem bered conver- |
sations can shakethe conclusion. Itwas |
clearly Gen. Grants duty to make his |
position distinctly cOmprehended. The |
case admitted of no G4uivOCatiOns eX- |
cept it be mSintained that il was right /
to dece4Ee the President in order to gain /
time To do an act which he had the law |
fRl power TO arrest and would have ar
rested if be had not been deceived; and |
if il be not conceded that it was q duty /
which Gen. Grant owes to his marty 1
rather than to the country TO prevent the |
submission Of any portion OF their party |
schemes to the Judgment of the Supreme |
Court.
The proceedings, read mainly in the
light Of Gen. Grants own testimony,
show that the President miseouceived |
the position of Gen. Grant towards him;
that Gen. Grant could not but know that
the President did misconceive hin, and |
that by consequence Of that misconcepr
tion, which he took no pains to remove,
Geu. Grant was eqahleed5 y abp eed5dfdtrss..' dffdtrss.'''