Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-02-12


1 have the honor to be, sir, with great
respect, your obedient servant,
E. NJ. STANTON, Sec'y. of War
Hon. SehuyLsr COLtdr, Speaker Of IL
House Of Representatives.. o..
HEADQUARTERs Army OF THE U. ST.
WAsHISsToE, Jan. Is. 1855.
His Excellency, Andrew johnson,
Pr esident of the United States:
SIR:-0n the 24th inst. / requested
you to give me in writing the lnstruc-
tions which you had previously given
me verbally, not to obey any order
from Hon. Z. N. Stanton, Secretary oi
War, unless 1 knew it came from your,
self To this written request l reeeiy.
ed message that has left e doubt in
my mind Of your intentions. To pre-.
vent any possible misunderstanding,
therefore, l renew the request that YOU
will give me written instructions, and
until they are received, will suspend
action on your verbal ones. 1 am com,
PEELED TO ask these instructions 10 Wri.
ting in consequences of the many gross
Misrepresentation effecting my per
sonal honor, circulated through the
press for the last fortnight, purporting
to come from the President, Of conYer-
sation which occurred either with the
President privately in his office, or in
Cabinet meeting, What is written ad-
nits of no misunderstanding. In view
of the MISREPRESENTATION referred to,
it will be well to state the facts in the
case.
Sometime after 1 assumed the du-
ties of Secretary Of War, I'd Interim, the
President asked my views to the course
Mr.. Stanton would have to pursue, in
case the Senate should not concur in
his suspension, to obtain possession of
his Office. Ny reply was, IN substance,
that Mr.. Stanton would have to appeal
to the courts to reinstate him, illustFa-
ting my position by citing the grounds
had taken in the case of the Balti-
more Police Commissioners. In that
case l did notdoubt the technical right
of Governor Swami 10 remove the old
Commissioners and appoint their sue
cessors. As the old Commissioners re-
fused to give up, however, contended
that no resource was left but to appeal
to the courts. Finding that the Presi-
dent was 'desirous of keeping Mr.. STAN
ton out of Office, whether sustained in
the suspension or not, stated that ]
had not looked particularly into the
Tenure of Office bill, but that what l
had to state wss 8 general principle,
and, if should change my mind in
this particular case, would inform him
of the fact. Subsequently on reading
the Tenure of Office bill closely, l found
could not, without violation of the
law, refuse to Vacste the Office of Sc
cretary of War the moment Mr.. Stan
ton was reinstated by the Senate, even
though the President ordered me to
retain, which he never did. Taking
this view Of the subject, and learning
on Saturday, the llth inst, that the
Senate had taken up the subject of
Mr.. Stanton's suspension, after some
conversation with Lieutenant General
Sherman and some members of my
staff, in which / stated the law left me
no discretion as to my action should
Mr.. Stanton be reinstated, L intended
to inform the President. l went to
the President for the sole purpose of
making this decision known, and did
make it so known In this fulfilled
the promise made in our last preceding
on the subject. The
President, however, instead of accept
ing my view of the requirements Of the
Tenure of Office bill, contended he had
Mr.. Stanton under authori-
ty given by the Constitution, and that
same authority did not preclude him
for reporting as an act OF courtesy, his
reasons for the suspension, TO the Sen
ate; that having been appointed under
authority given BY the Constitution, and
not under act of Congress, | could not
be governed by the act l stated that
the law was binding on me, Consti-
tuition or not, until set aside by the
proper tribunal. An hour was consul
med, each reiterating his views on the
subject, until getting late, the P-esi-
dent said he would see ME again,
did not agree to call again on Monday,
nor at any other definite time, nor was
l sent for by the Presidep t, until the
following Tuesday. Fronl the llth
in1t. until the Cabinet messting on the
I4th., a doubt never entered my mind
about the Presidents fuHyrunderstand-
ing my position, namely: That If the
Senate refused to concur in the sus-
pension Of Mr.. Stanton, my powers as
Secretary of War, ad iBteTInl, would
cease, and Mr.. Stanton's right to re-
sumo at once the functions Of his office,
would, under the Law, be indisputable,
and | acted accordingly with him.
1 had no communication, direct or
indirect, on the subjectl of his reinstate-
ment during his suspension knew
It had been recommended to the Presi-
dent to-send the name of Gov. Cox, of
Ohio. for Secretary of War, and thus
save all embarrassment, a proposition
that 1 sincerely hoped he would enter
tam fayorably, Gen. Sherman seeing
the President at my particular request
to urge this on the 18Th On Tuesday,
the day Mr.. Stanton re-entered the
office of the Secretary Of War, Gen.
Comstock, who had carried my official
letter announcing Mr.. Stanton's rein
statement by the Senate, / had ceased to
be Secretary of War Gd interim, and who
saw the President open and read the
Communication, brought back to me
from the President a message that he
wanted to see me that day at . Cabi-
net meeting. After L had made known
the fact that was To longer Secretary
of War ad interim at this meeting. sf-
ter opening it as though were a mem
Der Of his Cabinet; when reminded Of
the notification already given him that
| was no longer Secretary OF War ad
intsri7, the President gave version OF
the conversation alluded TO already ;
ON this statement it was asserted that
in both conversations I had agreed to
boldssn to the Office of Secretary OF
War until displaced by the Courts, or
resign so as to place the President where
he would have been had never ac-
cepted the office. After hearing the
President through stated our conyer-
sation. substantially as given in his let
ter. / will add that my conversation