Year: 1868

STATE DEPARTMENT, WAsHISoTON,


February, 9th, 1868.


srR: The meeting to which you refer in your
letter was regular Cabinet meeting. While the
members we're assembling, and before the President
had entered the Council Chamber, General Grant
on coming into the Chamber, stated that he was in
attendance not as a member Of the Cabinet but up
on invitation replied by iDquring whether there
was a change in the War Department. After the
President had taken his seat business went on in
the usual way. When the time came for the Sec
retary of War to speak, General Grant said be was
there not for Secretary Of War but on the Presi-
dents invitation. He had retired from the War
Department slight difference then appeared
about the supposed invitation. General Grant said
the officer who had borne bis letter 10 the President
that morning. announcing his retirement from the
War Department had told him the President de-
sired to see him at the Cabinet TO which the Pres


dent answered that General Grants communication
was delivered to him. The President simply re-
plied that he supposed Grant would be very soon
AZ the Cabinet meeting ] regarded the converse
ton thus began as incidental 1t went on very in
formally and consisted of statements on your part
of your views in regard TO your understanding OF
the tenure uron which General Grant bad asserted
no held the War Department da interim, and OF his
REPLIES by way of answer and explanation. Il was
respectful and courteous both sides. This con-
variation was all formal as details could only have
been presented by verbal report. So far as know,
no such verbal report was made at the time. can
give only the general effect Of the conveTsatOn.-
Certainly you stated that although you reported the
reasons for Mr.. Stsntons suspension TO the Senate
You neverthe less held that he would not be entitled
10 resume Office as Secretary Of War even If the
Senate should disapprove of bis suspension and you
had proposed TO have the question tested by judi


cia process TO be applied TO the person who should
be the Incumbent of the Department under your
designation as Secretary Of War al interim in
place Of Mr.. Stanton. You contsnded Il was we'll
understood between yourself and General Grant
that when be entered the Department as Secretary
Gd Interim be expressed his concurrence in the be-
lief that the question Of Mr.. StauCn's restoration
would be a question for the Courts In a subse-
uuent conversation with the General, you had ad-
verted 10 an understanding thus had, and General
Grant expressed his concurrence ia it. At some
conversation which had been previously held, Gen


Grant said he st adhered 10 the same construction
of the law bat said If he should change hiE opinion
be would give reasonable notice Of It


As you could il any case be placed il the same
position in regard TO the War Department that you
were In while General Grant held It. did not an.
stand him as denying nor as explicitly admitting g
these statements in form, and TO the full extent to
! which you made them. His admission 70 them was
rather Indirect and circumstantiaT though did lot
understand It 70 be an evasive one. he said that
resseninz from what ocoGred ia the case Of the po-
/ lice in Maryland which he regarded rs a parallel


one be of the opinion, aud assured YOU, that
u &oyl1 20 MS rlgat anG Qut} under your 4nsLFut-
tons % hold the War Office until the Senste should
disspprove of Mr.. Sautons suspension, snd the
; question shoJld be decided hv the Court that be
remained unlil very recently by that opinion, and
on the Saturday before jbe Cabinet meeting con
varsation held between yourself and him, In which
! the subject was generally discussed. G,n. Grant r
statement was, that in that conversation he had
I stated TO you the legal difficulties which might
/ arise involving fine and imprisonment uader the
civil tenure BILL and he did not 20 subject him
self - these penalties. You replied 10 this remark
that you did not think the civil tenure bin consti-
tutional and did not think its penalties were % 90
feared or that you would voluntarily assume them,
and you insisted that Gen Grant should either re-
tain the Office until relieved by yourself according
I to what you clsimed was the original under
standing between yourself and him, OF By reason
able change Of purpose on his part 20 put you in
tha same situation Ia which you would be 10, If he
/ adhered 20 what you claimed Gen. Grant finally
sald IN that Saturday, conversationi that you "n-