Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-02-19

Z u. W.
have involved you in the resistance of
law. l know of no statute that would
have been violated, had you. carrying
out your promises in good faith, ten
dered your resignation when you con-
cluded not to be made a party in any
legal proceedings. You add: "I am
| in measure confirmed in this conclu-
sion by your recent orders directing
me to disobey orders from the Secre-
tary of War, my superior and your
subordinate, without having counter
manded his authority to issue the or
ders am to disobey." On the 9th
ult., you addressed note to the Presi-
dent, 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 such
were his orders. On the 29th, in COM
pliance with your request, l did give
you instructions in writing, not to obey
any order from the War Department,
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 a Secre-
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 res
ponsible, and he should therefore know
and understand what they are. before
giving such direction. Mr.. Stanton,
in his letter of the 4th instant, which
accompanies the published correspon-
dence, states that he has had no cor
respondence with the President since
the 18th of August last, and he 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, mo orders have
been issued from this Department, in
the name of the President, with my
knowledge, and have received no Or
ders 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 reference to orders assumed to be
issued by the President. 1t would ap-
pear from Mr.. Stanton's letter that you
have received no such orders from him.
In your note TO the President of the
18th ult, in which you acknowle dge
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 au-
thority to issue orders to the army &C
cording to the practice of the Depart
ment, and state that, "while this au-
thority to the War Department is not
countermanded, it will be satisfactory
evidence to me that any orders issued
from the War Department by direc-
tion of the President, are authorized
by the Executive" The President is
sues an order to you to obey no order
from the War Department, purporting
to be made by direction of the Presi-
dent, 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 an order
purporting to be given by his direc-
ton, if it comes from the War Depart
ment. You will obey no direct order
of the President, but will obey his in
direct order. If, as you say, there has
been a practice in the War Depart
ment to issue orders in the name of
the President without his direction,
does not the precise order you have re-
duested, and have received, change the
practice as to the General of the Armyi
Could not the President countermand
any such order issued to you from the
War Department. If you should re-
ceiye en- order from that Department,
issued in the name of the President,
to do a special act and an order direct
ly from the President himself not to do
the act, is there doubt which you are
to obey? You answer tue question
when you say to the President, in your
letter of the Sd inst, "the Secretary
of War is my superior and your subor-
dinate," and yet you refuse obedience
to the superior act, in Difference TO the
subordinate. Without further COM
ment on the insubordinate attitude
which you have assumed, l am at a
loss to know how you can relieve your
self from the orders of the President,
who is made, by the Constitution, the
Commander-in-C Chief of the Army and
Navy, and is therefore the official su-
perior ss well of the General of the
Army as of the Secretary of War.
Respectfully yours,
ANDREW JOHNSON.
General L. S. Grant. Commanding the Armies
of the United States. Washington. ID. c.
The letter of the President is accom-
panied by letters from the Secretaries
of the Navy, Treasury, Interior and
State, and the Postmaster General,
supporting his position