GENERAL GRANT MADE PRACTICALLY INDEPEN

DENT OF THE PRESIDENT, 1867

The Act of Congress making appropriations for the support of the army during the year ending June 30, 1868, approved March 2, 1867, contained a section (2) which practically transferred important functions of the President (Johnson) to the General of the army (Grant). This provision aroused keen debate on the question of its constitutionality, but the President, while protesting against it, approved the bill so as not to jeopardize the appropriations. The following is the text of this provision, from that of the full Act in "United States Statutes at Large," Vol. XIV., pp. 486–487. (See page 37.)

SEC. 2. And be it further enacted, That the headquarters of the General of the army of the United States shall be at the city of Washington, and all orders and instructions relating to military operations issued by the President or Secretary of War shall be issued through the General of the army, and, in case of his inability, through the next in rank. The General of the army shall not be removed, suspended, or relieved from command, or assigned to duty elsewhere than at said headquarters, except at his own request, without the previous approval of the Senate; and any orders or instructions relating to military operations issued contrary to the requirements of this section shall be null and void; and any officer who shall issue orders or instructions contrary to

the provisions of this section shall be deemed guilty of a misdemeanor in office; and any officer of the army who shall transmit, convey, or obey any orders or instructions so issued contrary to the provisions of this section, knowing that such orders were so issued, shall be liable to imprisonment for not less than two nor more than twenty years, upon conviction thereof in any court of competent jurisdiction.

THE PRESIDENT'S PROTEST

To the House of Representatives:

March 2, 1867.

The act entitled "An act making appropriations for the support of the Army for the year ending June 30, 1868, and for other purposes" contains provisions to which I must call attention. Those provisions are contained in the second section, which in certain cases virtually deprives the President of his constitutional functions as Commander in Chief of the Army, and in the sixth section, which denies to ten States of this Union their constitutional right to protect themselves in any emergency by means of their own militia. Those provisions are out of place in an appropriation act. I am compelled to defeat these necessary appropriations if I withhold my signature to the act. Pressed by these considerations, I feel constrained to return the bill with my signature, but to accompany it with my protest against the sections which I have indicated.

THE JOHNSON-STANTON CONTROVERSY, 1867-68

The official records of this notable controversy are voluminous, comprising documents bearing on each side of the issue. Besides his direct orders the President addressed two communications to the Senate: (1) in review of the different aspects of the case as he considered them, and (2) in reply to its resolution declaring that he had no constitutional power to remove the Secretary. The following are the salient points in the case, taken from the President's communications to the Senate, the first under date of December 12, 1867, the second under date of February 22, 1868. From "Messages and Papers of the Presidents, 17891897," edited by J. D. Richardson. Washington: Government Printing Office, 1897, Vol. VI., pp. 556, 583-584, 593-594, 622. (See page 54.)

THE ORDER OF SUSPENSION

Hon. EDWIN M. STANTON,

Secretary of War.

EXECUTIVE MANSION,

Washington, August 12, 1867.

SIR: By virtue of the power and authority vested in me as President by the Constitution and laws of the United States, you are hereby suspended from office as Secretary of War, and will cease to exercise any and all functions pertaining to the same.

You will at once transfer to General Ulysses S. Grant, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, books, and other property now in your custody and charge.

ANDREW JOHNSON.

GENERAL GRANT APPOINTED SECRETARY Ad Interim

EXECUTIVE MANSION,

Washington, D. C., August 12, 1867.

General ULYSSES S. GRANT,

Washington, D. C.

SIR: The Hon. Edwin M. Stanton having been this day suspended as Secretary of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and wil at once enter upon the discharge of the duties of the office.

The Secretary of War has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge.

ANDREW JOHNSON.

STANTON'S REPLY TO THE ORDER OF SUSPENSION

THE PRESIDENT:

WAR DEPARTMENT, Washington City, August 12, 1867.

SIR: Your note of this date has been received, informing me that by virtue of the powers and authority vested in you as President by the Constitution and laws of the United States I am suspended from office as Secretary of War, and will cease to exercise any and all functions pertaining to the same, and a'so directing me at once to transfer to General Ulysses S. Grant, who has this day been authorized and empowered to act as

Secretary of War ad interim, all records, books, papers, and other public property now in my custody and charge. Under a sense of public duty I am compelled to deny your right under the Constitution and laws of the United States, without the advice and consent of the

GENERAL LORENZO THOMAS DEMANDING THE WAR OFFICE OF SECRETARY STANTON IN 1868 UPON AN ORDER FROM PRESIDENT JOHNSON

(Stanton, however, refused to vacate his post and Thomas did not assume office. From Harper's Weekly, March 14, 1868, sketched by Theodore R. Davis)

Senate and without any legal cause, to suspend me from office as Secretary of War or the exercise of any or all functions pertaining to the same, or without such advice and consent to compel me to transfer to any person the records, books, papers, and public property in my custody as Secretary.

But inasmuch as the General Commanding the armies of the United States has been appointed ad interim, and has notified me that he has accepted the appointment, I have no alternative but to submit, under protest, to superior force.