Year: 1868

DEPARTMENT OF. THE lNrERIoR,l
February q, 1868 {
Sir: | am in receipt of yours of yes
terday, calling my attention TO the cor
respondence between yourself and Gen.


Grant, published in the Chronicle, and


eepecially to that part Of the said cor
respondence which refers TO the conver-


sation between the President and Cen


eral Grant at the Cabinet meeting on


Tuesday, the 18th of January, and re-


ouesting me to state what was said IN
that conversation. In reply, | submit


the following statement At the Cabi-


net meeting on Tuesday, January the
l4th, General Grant appeared and took
his accustomed place at the board.


When he had been reached in the order


of business, the President asked him


as usual il he had anything to pre-
sent. In reply, the General, after


referring to the note which he had
that morning addressed to the Presi-
dent, ineosipg copy of resolution of
the Senate, refusing to concur. In his


reasons fon the suspension of Mr.. Stan
ton, he proceeded to say he regarded his
duties as Secretary of War dd interim
| as terminated by that resolution, and he
could not lawfully exercise such duties
| for moment after the adoption OF the
resolution. That resolution reached him
| last night, and this morning he had gone
| to the War Department, entered the
Secretary's room, bolted one door on the
inside, locked the other on the outside,


delivered the key to the AdJutant
General, and proceeded to the head
quarters of the army and addressed the
| note above mentioned to the President,
informing him he was no longer Secre-


tary ad interim. The President ex-


pressed great surprise at the course which
General Grant had thought proper to
| nursue. and addressed himself to
the General, proceeded to say, in sub
stance that he had Anticipated such ac-


ton by the Senate, and being very de-
sirous to have the constitutionality oil
the tenure of office bill tested, and his
right to suspend or remove member of
his Cabinet, decided by the highest ju
dicial tribunal of the country, he had


some time ago, and shortly after General


Grant appointment as Secretary OF War


ad interim, asked the General what his
action would be in the event the Senate


should refuse to concur in the suspension


of Mr.. Stanton, and the General had


then agreed, either to remain at the head


of the War Department till decision


could be obtained from the court, or re-


sign the Office into the hands of the Pres


ident before the case could be acted upon


by the Senate, 80 as to place the


President in the situation he occu-


pied at the time of General Grants APP


pointment. The President further said
the conversation was resumed on the
preceding Saturday, at which time
he asked the General what he intended
to do if the Senate should undertake to
reinstate Mr.. Stanton. In reply to which


the General referred to their former con-
versation upon the same subject, and


said, "You understood my position and


my conduct to be contormable to that


understanding" That he, Gen. Grant,


often expressed his repugnance to being


made party to judicial proceedings,


saving he would expose himself to fine


and Imprisonment by doing so, as his


continuing to discharge the duties of


Secretary of War Gd interim after the


Senate should have refused to concur in


the suspension of Mr.. Stanton, would be


violation of the tenure of Office bill.
That in reply to this, the President in
formed Gen. Grant he had not suspended
Mr.. Stanton under the tenure Of Of
I fee bill, but by virtue of the power
| conferred on him by the Constitution
and as to fine and imprisonment, the
President would pay whatever fine was
imposed and submit TO whatever impris-


onment might be adjudged against him


The General continued the conversation


for some time, discussing the law at


length, and finally separated without


having reached definite conclusion, and
with the understanding that the General


would see the President again on Mon


day. In reply, General Grant admitted


that the conversation had occurred, and


said that at the first conversation he had


given it as his opinion to the President,


that in the event of nonconcurrence by


the Senate in the action OF the Presi.


dent in respect to the Secretary OF


War. the question would have to be


decided by the Court; that Mr.. Stanton


would have to appeal to the Court


TO reinstate him in office, and that the ms


would remain in until they be displaced


and others put in by legal proceedings,


and he then thought so, and had agreed


if he should change his mind, he would


notify the President in time to enable


him to make another appointment; but


at the time of the first conversation he


had not looked very closely into the law.


II had recently been discussed by the


newspapers and this had induced him to


examine it more carefully, and be had


come 10 the conclusion that if the Senate


should refuse to concur in the suspen-


sion of Mr.. Stanton he would thereby be


reinstated. and he (Grant) could con-


tinue thereafter to act as Secretary OF


War nd interim without subjectibg


himself to fine and Imprisonment


He came over on Saturday to inform


the President Of this change in his


views, and did so inform him The


President replied he had not suspended


Mr.. Stanton under the tenure OF oihee


bin, bat under the Constitution, and had
appointed him Grant BY virtue Of the
authority derived from the Constitution,


etc. They continued 70 discuss she mat
ter some time, and finally he left without
anv conclusion having been reached, ex-


Meeting a see the President again on


Monday. He then proceeded to ex-
plaA Why be had not called on the
President on Monday, saying be had


long interview with General sherman


Various Eiile matters had occupied his


line until late, and be did not think the


Senate vould act. be vas asked, did


not General sherman call on yoa on