So the question was permitted to be answered, and General Sherman said:
The President told me that the relations between himself and Mr. Stanton, and between Mr. Stanton and the other members of the Cabinet, were such that he could not execute the office which he filled as President of the United States without making provision ad interim for that office; that he had the right under the law; he claimed to have the right, and his purpose was to have the office administered in the interest of the Army and of the Country; and he offered me the office in that view. He did not state to me then that his purpose was to bring it to the Courts directly; but for the purpose of having the office administered properly in the interest of the Army and the whole Country. I asked him why lawyers could not make a case, and not bring me, or any officer of the Army, into the controversy. His answer was that it was found impossible, or a case could not be made up; but, said he "if we can bring the case to the Courts, it would not stand half an hour."
Mr. Butler, of the Prosecution, objected, and after debate, General Sherman continued:
The question first asked me seemed to restrict me so close to the purpose that I endeavored to confine myself to that point alone. On the first day, or first interview, in which the President offered me the appointment ad interim, he confined himself to very general terms, and I gave him no definite answer. The second interview, which was on the afternoon of the 30th, was the interview during which he made the points which I have testified to. In speaking he referred to the constitutionality of the bill known as the civil tenure-of-office bill, I think, or the tenure of civil office bill; and it was the constitutionality of that bill which he seemed desirous of having tested, and which, he said, if it could be brought before the Supreme Court properly, would not stand half an hour. We also spoke of force. I first stated that if Mr. Stanton would simply retire, although it was against my interest, against my desire, against my personal wishes, and against my official wishes, I might be willing to undertake to administer the office ad interim. Then he supposed the point was yielded; and I made this point? "Suppose Mr. Stanton do not yield?" he answered, "Oh! he will make no objection; you present the order and he will retire." I expressed my doubt, and he remarked. "I know him better than you do: he is cowardly." I then begged to be excused from giving him an answer to give the subject more reflection, and I gave him my final answer in writing. I think that letter, if you insist on knowing my views, should come into evidence, and not parol testimony taken up; but my reasons for declining the office were mostly personal in their nature.
Mr. Henderson (of the Court) asked this question:
Did the President, on either of the occasions alluded to, express to you a fixed purpose or determination to remove Mr. Stanton from his office?
General Sherman answered:
If by removal is meant a removal by force, he never conveyed to my mind such an impression; but he did most unmistakably say that he could have no more intercourse with him in the relation of President and Secretary of War.
Mr. Howard (of the Court) asked the General:
You say the President spoke of force. What did he say about force?