第94章 THE CONSTITUTIONAL POWER OF IMPEACHMENT.(6)

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 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 non-concurrence 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 he would remain in till they could be displaced and the outs put in by legal proceeding; 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 appointed him (Grant) by virtue of the authority derived from the Constitution, &c.; 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. I have the honor to be, sir, with great respect, your obedient servant.

O. H. Browning.

The President.

Department of State, Washington, February 6, 1868.