Year: 1868

rnunication of the 2Sth instant, renewing
your request Of the Oath, that should re-
peat in a written form my verbal instructions
Of the 10th inst, viz: "That you obey no
orders from the Elwin NJ. Stanton, as Secre-
tary of War, unless you have information
that it was issued by the Presidents direc.
tion." In submitting this request, with
which complied on the Goth instant, you
take occasion 10 allude to recent publications
in reference to the circumstances connected
with the vacation by yourself Of the office OF
Secretary Of War ad interim, and with the
view of correcting the statements which you
term "gross Misrepresentation" and give
at length your own recollection of the facts
under which, without the sanction of the
President from whom you had received and
accepted the appointment, you yielded the
Department Of War to the present incum
bent, AS stated In your communication
some time after you had assumed the duties
Of Secretary of War ad interim we inter.
changed views respe, ting the course that
should be pursued in the event of the non


concurrence by the Senate in the suspension
of Stanton, | sought that interview, calling
myself at the War Department. My sole
objec, 10 then bringing the subject to your
attention was to ascertain definitely what
would be your own action should such an
attempt be made for his restoration to the
War Department. That subject was ac


complished for the interview terminated
with the distinct understanding that il upon
reflection you should prefer not t. become
a party to the controversy, or should con-
clude that it would be your duty to surlen


der the Department TO Stanton, upon action
in his favor by the Senate, you were to re-


turn the office to me prior to decision by
the Senate, in order that. if | desired to do
so, | might designate some one to succeed
you. 1t must have been apparent to you
that bad not this understanding been reach'
ed, it was my purpose to relieve you from
the further discharge of the duties As Secre


tary Of War ad interim and to appoint some
other person in that capacity. Other con


versations upon the subject ensued, all of
them having on my part the same object,
and leading to the same conclusion as the
first. 1t is not necessary, however, To refer
to any Of them. excepting that Of Saturday
the l lth inst. mentioned in your commune
cation. As it was then known that the Sen


ate had proceeded in the case of Stanton.
was anxious to learn your determination. Af-
ter protracted interview, during which the
provisions of the Tenure Of Office bill were
fully discussed, you said that, as it bad been
agreed upon in our first conference, you
would either return the office to my posses
sion in time to enable me to appoint sue


cessor before final action by the Senate up.
on Stantons suspension, or would remain at
its head, awaiting the decision of the ques'
tion by judicial proceedings. 1t was then
understood that there would be further
conference on Monday, BY which time
supposed you would be prepared to inform
me of your final decision. You failed, how


ever, to fulfill the engagement, and on Sat-
urday notified me IN writing Of the receipt
Of your official notification OF the action Of
the Seuate in the case of Stanton, and at
the same time informed me that, according
to the Act regulating the tenure of certain
civil offices, your functions as Secretary OF
War od interim ceased from the moment of
receipt of notice. You thus, in disregard of
the understanding between us, vacated the
office without having given me notice of
your intention to do SO. 1t is but Just,
however, to say that, in your communica.
ton, you claim that you did inform me of
your purpose, and thus fulfilled the promise
made 10 our last preceding conversation on
the subject The fact that such a promise
existed is evidence Of an arrangement Of the
| kind have mentioned. You had found in
| your first conference that the President was
desirous of keeping Stanton out of office,
whether sustained in the suspension or not
| Nn Eno uLatr had; ind 4
ident to ask from you promise. You also
knew that in case your views Of duty did not
accord with bis own convictions, it was bis
purpose to ill your place by another appoint
ment, even ignoring the existence of a positive
understanding between us. These conclusions
were plainly deducible from our various
COW versaious. 1t is certain, however, that
even under these circumstances you
did not offer to return the place to my pos
session, but, according to your own state.
ment, placed yourself in position where,
could | have anticipated your action,
would have been compelled to ask Of you,
as was compelled to ask Of your predeces.
sor in the War Department, a letter of resig.
nation, or else to resort to the more disagree.
able expedient of suspending you by the
|'apPo'himent VI successot. AS sla'eu J"
your letter, the nomination Of Governor
Cox, of Ohio, for the Office Of Secretary Of
War, was suggested to me- This appoint
ment as Stanton's successor was urged in
your name, and it was said that his selection
would save further embarrassment did not
think that in the selection of Cabinet off.
Ger should be trammeIled by such consid'
era,ions. was prepared to take the respon


sbility Of deciding the question in accordance
with my ideas Of constitutional duty, and,
having determined upon course which
deemed right and proper, was anxious to
learn the steps you would take should!the pos.
session of the War Department be demanded
by Stanton. Had your action been in con-
formity with the understanding between us,
do not Lelieve that the embarrassment