Year: 1868

lactb etdtcu hre ihithiuiiJ ptenct'out ~"
presented.


have the honor to be, sir, with great
respect, your obedient servant,


0. II. BRowEISG.


To the President.


SrArE DEPARTMENT,


WAsHIs0ros. February o. ls6S.J


Sir: The meeting to which you refer
in your letter was regular Cabinet
meeting. While the members were as
sembling and before the President had
entered the Council Chamber, General
Grant, on coming into the chamber, sta
ted that he was in attendance not as
member of the Cabinet, but upon invita-
ton; replied by inquiring 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 Secretary Of War
10 sneak. Gen. Grant said he was there
not as Secretary Of War, but on the
Presidents invitation. He bad retired
from the War Department. A slight
difference then appeared about the sup
posed invitation General Grant said
the officer who had borne his letter to the
President that morning, announcing his
retirement from the War Department,
had told him the President desired TO see
him at the Cabinet, to which the Presi-
dent answered that General Grants
communication was delivered to him.
The President simply replied he sup
posed Grant would be very soon at the
Cabinet meeting~ l regarded the con-
versation thus began incidental. 1t
went on very informally, and consisted
of statements on your part of your views
in regard to your understanding OF the
tenure upon which General Grant had
asserted he held the War Department ad
interim, and of his replies by way of
answer and explanation. twas respect
full and courteous on both sides. This
conversation was oil formal, as details
could only have been presented by verbal
report SO far as know, no such re-
port was made at the time. / can give
only the general effect of the conversa-
ton. Certainly you stated that although
you reported the reasons for Mr. Stan
toms suspension to the Senate, you new
ertheless held that he would not be en-
titled to resume Office as Secretary OF
War, even if the Senate should disap-
prove of his suspension, and you had
proposed to have the question tested by
judicial process, to be applied to the per-
son who should be the incumbent Of the
Department under your designation as
Secretary of War Gd interim, in place of
Mr.. Stanton. You contended it was well
understood between yourself and Grant,
that when he entered the Department as
Secretary ad interim, he expressed his
concurrence in the belief that the ques-
ton of Mr.. Stanton's restoration would
be question for the courts. In sub
seouent conversation with the General,
you had adverted to an understanding
thus had, and General Grant expressed
his concurrence in it. At some con-
versaton which had been previously
held, General Grant said he still adhered
to the same construction of the law; but
said if he should change his opinion, he
would give reasonable notice of it. AS
you could in any case be placed in the
same position in regard to the War De-
partment that you were in while General
Grant held it, did not understand him as
denying nor as explicitly admitting these
statements in form, and to the full extent
to which you made them. His admission
to them was rather indirect and circum-
stantial, though | did rot understand it
to bo an evasive one. He said that rea
soning from what occurred in the case of
the police in Maryland, which he regarded
as parallel one, be was of the opinion,
aud so assured you, that it would be his
Il I,,tx 1ar ofs poti iona
to hold the War Office until the Senate
should dsapprove Of Mr.. Stanton S sus
pension, and the question should be
decided by the Court; that he remained
until very recently by that opinion, and
on the Saturday before the Cabinet meet
ing a conversation was held between
yourself and him, in which the subject
was generally discussed. Gen. Grants
statement was, that in that conversa-
ton he had stated to you the legal diff
culties which might arise involving fine
and imprisonment under the civil tenure
bill, aud be did not care to subject him
self TO these penalties. You replied to
this remark that you did not think the
civil tenure bill unconstitutional, and
did not think its penalties were to be
feared, or that you would voluntarily as
sumo them, and you insisted that Gen.
Grant should either retain the Office until
relieved by yourself, according to what
you claimed was the original under
standing between yourself and him, or
by reasonable change Of purpose on
his part to put you in the same situation
in which you would be in, if he adhered
to what you claimed. General Grant
finally said in that Saturdays converse
ton that you understood bis views, and
his proceedings thereafter would be con-
sistent with what had been so under
stood. General Grant did not contro
vert, nor, can | say he admitted his last
statement. Certainly General Grant did
not at the time, in the Cabinet meeting,
insist that he had in the Saturday con-
versatiOn, either distinctly or finally ad-
vised you of his determination to retire
from the charge Of the War Department
or otherwise that under your subse-
quent direction, he acquiesced in your
statement of Saturday. The conversa-
ton ended with the explanation that
there would be a subsequent conference
on the subject which he, as well
as yourself, thought could seasonably
take place on Monday. You then al
luded to that fact, that General Grant
would not call upon you, as you expected
from that conversation that General
Grant admitted that il was his expecta
tion or purpose 20 call upon you Monday.
General Grant assigned reasons for the
omission. He said be was in a confer
ence with General Sherman; that there
we're many little matters 10 be attended |