Year: 1868

orders from the Hon. +. NJ. Stanton


as Secretary of War, unless yeu hav'


information that it was issued BY tn,


Presidents direction. In submitting


this request, with which complied


on the 18th instant, you take occasion


to allude to recent publications, in


reference to circumstances connected


with the vacation by yourself of tn,


office of Secretary of War cd interim,


with the view of correcting the state


ments which you term gross misrep


resentation, and give at length you


own recollection of the facts unde


which, without the sanction of tht


President from whom you have re


ceived and accepted the appointment


you yielded the Department of Wa


to the present incumbent.


As stated in your communication


some time after you had assumed


duties as Secretary of War ad interin


we lnterchanged views respecting th,


course that should be pursued il


event of the non concurrence by tn,


Senate in the suspension of Mr.


Stanton. / sought that interview


calling myself at the War Depart


ment. My sole object in then bring


ing the subject to your attention wa:
to ascertain what would be your owr
action should such an attempt be
made for his restoration to the War
department. That object was &C.
e0mplished, for the interview termi.
mated with the distinct understand
ing, that if under reflection you
should prefer not to become party
to the controversy, or should con
clude it would be your duty to sur,
render the Department to Mr. Stan
ton upon action in his favor by the
Senate, you were to return the office
to me prior to a decision by the Sen
ate, in order that if l desired to do
so, l might designate 6me one to
succeed Yous It must have been ap-
parent to you that had not this un,
derstanding been reached, it was my
purpose to relieve you from further
discharge of duty as Secretary OF
War Gd interim, and to appoint some
other person in that capacity. Other
conversations upon the subject ensu-
ed, all having, on my part, the same
object, and leading to the same con-
clusion as the first. 1t is not neces-
sary, however, to refer to any of
them, excepting that of the 11th
inst, mentioned in your communica-
tion. AS it was then known that the
Senate had proceeded in the case OF
Mr.. Stanton, Twas anxious to know
your determination. After q pro
tracted interview, during which the
provisions of the Tenure Of Office
bill were fully discussed, you said
that, as it had been agreed upon in
oar first conference, you would either
return the office to my possession in
time to enable me to appoint a sue
cessor before the final action by the
Senate upon Mr.. Stanton's suspen-
sion, or would remain at it's head
awaiting decision by judicial pro
ccedings. 1t was understood there
would be q further conference on
Monday, by which time / supposed
you would be prepared to inform
meof your final decision You failed,
however, to fulfill the engagement,
and on Tuesday notified me in writ
ing of the receipt of your official
notification of the action of the Sen
ate in reference to Mr. Stanton, and
at the same time informed me that
according to the act regulating the
tenure of certain civil offices, your
functions of Secretary of War dd
interim ceased from that moment
Atreceipt of notice, you thus, in dis
regard of the understanding between
us, vacated the office without having
given notice of your intent to do so.


1t is but just to say, however, that
in your communication you claim
you did inform me of your purpose,
and thus fulfilled the promise made
in our last preceding conversation on
the subject. The fact that such a
promise existed is evidence of an ar
rangement of the kind / have men
toned. You had found in our first
conference that the President was
desirous of keeping Mr.. Stanton out
of Office, whether sustained in the
suspension or not. You knew what
reasons had induced the Presi-
dent to ask for your promise. You
also knew that in case your views of
duty did not accord with his convlc-
tion, it was his purpose to fill your
place by another appointment
Even ignoring the existance of
positive understanding between US,
the conclusions were plainly deduct
BILE from our various conversations.
1t is certain, however that even un
der these circumstances yeu did not
offer to return the place to my
possession, but, according to your
own statement, placed yourself in
position where, could l have antici-
pated your action, 1 would have been
compelled to ask of you, as l was
compelled to ask of your predeces-
sor in the War Department, letter
of resignation, or to resort to the
more disagreeable expedient OF sus-
pending you by the appointment of a
successor.


As stated in your letter, the nomi-
nation of Gen. Cox, Of Ohio, for Sec
retary of War, was suggested to me.
His appointment as Mr.. Stanton's
successor was urged in your name,
and 1t was said his selection would
save further embarrassment. I did
not think that in the selection of
Cabinet officer / should be trammel-
ed by such considerations. / was
prepared to take the responsibility OF
deciding the question in accordance
with my ideas of constitutional duties,
and having determined upon course
which. ] deemed right and proper,
was anxious to learn the steps you
would take, should the possession Q,
tba War nanartment be demanded