DEPARTMENT OF THE INTERIOR,

_Washington, D.C., February 6, 1868_.

The PRESIDENT.

SIR: I am in receipt of yours of yesterday, calling my attention to

a correspondance between yourself and General Grant published in the

Chronicle newspaper, and especially to that part of said correspondence

"which refers to the conversation between the President and General

Grant at the Cabinet meeting on Tuesday, the 14th of January," and

requesting me "to state what was said in that conversation."

In reply I submit the following statement: At the Cabinet meeting on

Tuesday, the 14th of January, 1868, General Grant appeared and took his

accustomed seat at the board. When he had been reached in the order of

business, the President asked him, as usual, if he had anything to

present.

In reply the General, after referring to a note which he had that

morning addressed to the President, inclosing a copy of the resolution

of the Senate refusing to concur in the reasons for the suspension of

Mr. Stanton, proceeded to say that he regarded his duties as Secretary

of War _ad interim_ terminated by that resolution, and that he could not

lawfully exercise such duties for a moment after the adoption of the

resolution by the Senate; that the resolution reached him last night,

and that 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

Headquarters of the Army and addressed the note above mentioned to the

President, informing him that he (General Grant) was no longer Secretary

of War _ad interim_.

The President expressed great surprise at the course which General

Grant had thought proper to pursue, and, addressing himself to the

General, proceeded to say, in substance, that he had anticipated such

action on the part of the Senate, and, being very desirous to have the

constitutionality of the tenure-of-office bill tested and his right

to suspend or remove a member of the Cabinet decided by the judicial

tribunals of the country, he had some time ago, and shortly after

General Grant's appointment as Secretary of War _ad interim_, asked the

General what his action would be in the event that the Senate should

refuse to concur in the suspension of Mr. Stanton, and that the General

had then agreed either to remain at the head of the War Department till

a decision could be obtained from the court or resign the office into

the hands of the President before the case was acted upon by the Senate,

so as to place the President in the same situation he occupied at the

time of his (Grant's) appointment.

The President further said that the conversation was renewed 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 conversation upon the same

subject and said: "You understand my position, and my conduct will be

conformable to that understanding;" that he (the General) then expressed

a repugnance to being made a party to a judicial proceeding, saying that

he would expose himself to fine and imprisonment by doing so, as his

continuing to discharge the duties of Secretary of War _ad interim_

after the Senate should have refused to concur in the suspension of Mr.

Stanton would be a violation of the tenure-of-office bill; that in reply

to this he (the President) informed General Grant he had not suspended

Mr. Stanton under the tenure-of-office bill, but by virtue of the powers

conferred on him by the Constitution; and that, as to the fine and

imprisonment, he (the President) would pay whatever fine was imposed

and submit to whatever imprisonment might be adjudged against him (the

General); that they continued the conversation for some time, discussing

the law at length, and that they finally separated without having

reached a definite conclusion, and with the understanding that the

General would see the President again on Monday.

In reply General Grant admitted that the conversations 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 President 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; that the _ins_ would

remain in till they could be displaced and the _outs_ put in by legal

proceedings; and that he _then_ thought so, and had agreed that if he

should change his mind he would notify the President in time to enable

him to make another appointment, but that at the time of the first

conversation he had not looked very closely into the law; that it had

recently been discussed by the newspapers, and that this had induced him

to examine it more carefully, and that he had come to the conclusion

that if the Senate should refuse to concur in the suspension Mr. Stanton

would thereby be reinstated, and that he (Grant) could not continue

thereafter to act as Secretary of War _ad interim_ without subjecting

himself to fine and imprisonment, and that he came over on Saturday to

inform the President of this change in his views, and did so inform him;

that the President replied that he had not suspended Mr. Stanton under

the tenure-of-office bill, but under the Constitution, and had appointed

him (Grant) by virtue of the authority derived from the Constitution,

etc.; that they continued to discuss the matter some time, and finally

he left, without any conclusion having been reached, expecting to see

the President again on Monday.

He then proceeded to explain why he had not called on the President on

Monday, saying that he had had a long interview with General Sherman,

that various little matters had occupied his time till it was late, and

that he did not think the Senate would act so soon, and asked: "Did not

General Sherman call on you on Monday?"

I do not know what passed between the President and General Grant on

Saturday, except as I learned it from the conversation between them at

the Cabinet meeting on Tuesday, and the foregoing is substantially what

then occurred. The precise words used on the occasion are not, of

course, given exactly in the order in which they were spoken, but the

ideas expressed and the facts stated are faithfully preserved and

presented.

A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson · 第 516 / 803 题