Year: 1867




law, nor necessary to his faithful and
efficient execution. His rule has in
fact been'one of absoluteiyranny, with
ont reference to the principles of our
Government or nature of our free in
stitutions. The state of affairs that has
resulted from the course h has pursu-
ed has seriously interferetfwith a har-
monious and satisfactory and speedy
execution ofthe acts of Congress, and
is alone sufficient to Justify change.
His removal, therefore, cannot be re-
garCled as an effort to defeat the laws
of Congress, for the object is to facili-
tate their execution through an officer
who has never failed to obey the law,
and to exact without his jurisdiction
like obedience from others. 1t cannot
be interpreted by the unreconstructed
element of the South, those who did
all they could to break up this govern
mcnt by arms, and who wish to be the
only element consulted as to the meth
od of restoring order, as a triumph, for
as intelligent men they must know
that the mere change of military COM
mandcrs cannot alter the law, and that
General Thomas will beas much bound
by its requirements as General Sheri-
dan. 1t cannot emboldcn them to re-
newcd opposition to The will ofthe
loyal masses, believing that they have
the Executive with them, for they are
perfectly familiar with the antecedents
of the President, and know that he has
not obstructcd the faithful execution of
any act Of Congress. No enc, as You
are aware, has higher appreciation
than myself of the services of General
Thomas, and no one would be less in
clincd to assign him to a command
not entirely to his wishes. Knowing
him as | do | cannot think he will
hesitate for moment to obey my order,
having in view q complete and speedy
restoration of the Union, in the prescr-
va,ion of which he has rendered such
important and valuable service. Gen.
Hancock, known TO the whole country
as Il gallant, able and patriotic soldier,
will, have no doubt, sustain his high
reputation in any position to which he
may be assigned. If, as you observe,
Tie department. which he will leave is
Il complicated one, feel confident that
under the guidance and instructions of
Gen. Sherman, Gen. Sheridan will
soon become familiar with its nccessi-
tics, and will avail himself Of the OPP
portunity afforded by the Indian
troubles for the display Of the energy,
enterprise and daring which gave him
so cviablc a reputation during the re-
cent civil struggle.


In assuming that it is the expressed
wish of the people that Gen. Sheridan
should not be removed rom his pres
cnt command, you remark that this is
a republic, based, however, upon a
written constitution. That constitu-
ton is the combined and expressed
will Of the people, and their voice is
law when reflected III the manner
which that instrument prescribcs.
While one of its provisions makes the
President Commandcr-in-chief of the
Army and Navy, another requires he
shall take care that the law be faith
fully executed. Believing that q change
in command in the Fifth Military
District is absolutely necessary for a
faithful execution Of the law, I have
issued the order, which is the subject
of this correspondence. In thus eXer-
cising a power that inheres in the En-
ecutivc under the Constitution, as
Commander. in-Chief of the army and
navy, | am discharging duty reqlir-
ed Of me by the will Of the nation, as
formally declared in the supreme law
Of the land. By his oath the Execu-
tive is solcmnly bound to the best Of
his ability, TO preserve, protect and
defend the Constitution, and although
in times Of great excitement it be lost
to public view, it is the duty without
regard to consequences to himself, to
hold sacred and enforce any and all of
its provisions. Any other course would
lead to the destruction of the Repub-
lie, for the Constitution once abolished,
there would be no Congress for the
exercise of Legislative powers, no ex-
ecutivc to see that the laws are faith
fully executed, no judiciary to afford
to the citizens protection for life, limb
and properly. Usurpation would in
evitably follow, and a despotism be
fixed on the people in violation of their
combined and expressed will.


In conclusion, | fail to perceive any
military, pecuniary and patriotic rca-
sons why this order should not be car
ried into effect. You will remember
that in the first instance did not con-
slider Gen. Sheridan the most suitable
man for the command of the Fifth
Military District. Time has strength
ened my convictions upon this point,
and has led TO the conclusion that pa
triotic considerations demand that he
should be superceded by an officer
who, while he will faithfully execute
the law, will at the same time give
more general satisfaction to the whole
people, white and black, North and
South. | am, General,


Very respectfully, yours,


ANDREW JOHNSON.


To GEN. GRANT, Secretary ad interim.