Des Arc weekly citizen., 1868-02-15


 any personal or written communica- ton with the President. No orders have been issued from the Department in the name of the President with my knowledge, and have received no orders from him.
 The correspondence sent herewith embraces all tho correspondenee known to me on the subject referred to in the resolution of the House, have the honor to be sir, your ob t I (Signed) EDWIN NJ. STANTON.
 Secretary of War
 Hon. SCHUYLER CoLFAx, Speaker Of the House of Representatives
 3.s HEADoRs ARMY OF THE U. S.,
 WASHINGTON, January g, 1868 Hts .E.rcellcacy 4. Johnson, President Of
 the .Umted States, "
 l SIR-On the 24th instant requested you to give me, in writing, Instructions which you have previously given .me verbally, not,Io obey any orders from Hon. E. M. stanton, Secretary of War, unless it came from yourself. To this written request, received message which has Jeff doubt in my mind as to your intention; and in order to pre- vent any possible misunderstanding, l ] therefore renew the request that you will give me written instructions, and until they be received, will suspend ac- ton on your verbal orders. 1 am com ] pciled to ask these instructions'in writ l ing i'll order to prevent many gross misrepresentations affecting my per- Sonal honor, circulated through the press for the last two weeks, pertaining to come from the. President in conver- satious which occurred either with the President privately, in office or in C4@5i- net meetings. What is written admits of understanding, and in view of the misrepresentation referred to, ftlwill be well to state the facts in the.case at l the same time. After I assumed the duties of Secretary of War ad interim, the President asked my views as to the course Mfr. Stanton would have to pur- sue in case the Senate should not con- cur in his suspension, in order to ob-. was in substance, "Mr. Stanton would have to appeal to the courts to reinstate him, Illustrating my position by citing the grounds had taken in the case of q p.,It In that. ease did not douhtthe techni- cal right of Governor Swannsto remove ! the old Commissioners and appoim I successors, as the old commissioners refused to give up. I contended that no recourse was left but by appeals to the courts. Finding that the President was desirous of keeping Mir. Stanton out of office, whether sustained in his suspension or not, Ftold him had not looked particularly into the Tenure of Office bill, but what l had stated was on general principles, and if should change my mind ill this particular case, I would inform him first. Subsequent fly, on reading the Tenure of Office bill closely, Hound could not, without a violation of the law, refuse to vacate the office of Secretary Of War the mo- mcnt Ar. Stanton was reinstated by the Senate, even though the President had ordered me to retain it, which he never did Taking this view of the subject, and learning on Saturday, the llth in- stant, that the Senate had taken up the subject of Stanton's suspension, and after some conversation with Licuten- ant General Sherman and some mem- bers of my staff, in which 1 stated that the law left mo no discretion, as to my action, should Mir. Stanton be reinsta- ted, and I intended to inform the Presi- dent. went to the President for the purpose of making this decision known. and did make it so known. In this l fulfilled the promise had made in our last preceding conversation on the sub ject. The President, however, instead of accepting my view-as to the require ments of the Tenure of Office bill, con- tended that he had suspended Mir. Stan-
 
 ton under the authority given him by the Constitution, and that that author ity did not preclude the idea of his reputing as an act of courtesy his reason for the suspension of Stanton, and that he had been appointed by the authority given by the Constitution and not un- der the act of Congress. could not be governed by the act. stated that the law was binding on me, whether constitutional or not, until set aside by the proper tribunal. The hour being consumed, in each reiterating his views on the subject and until it.was getting late, the President said he would see me again. Ididnot agree to call again on Monday, nor at any other definite time, nor was sent for by the Presi- dent until the following Tuesday, from the Huh instant. No doubt ever en- tered my mind about the President fully understanding my position, viz: That if the Senate refused to concur in the suspension of Mir. Stanton, my du- ties as Secretary of War ad interim would cease, and that Stanton had right to resume at once the functions of his office would, under the law, be indisputable, and I acted accordingly. With Mir. Stanton had no communica- lion, direct or indirect on the subject of his reinstatement. During his sus- pension l knew it had been recom- mended to the President to send to the Senate the name of Governor Cox, of