Memoirs of General William T. Sherman — Volume 2

by William T. Sherman

And on the same day I received this dispatch

GALVESTON, December 21, 1866.
To General SHERMAN, or General SHERIDAN.

Will be in New Orleans to-morrow. Wish to see you both on arrival, on matters of importance. LEWIS D. CAMPBELL, Minister to Mexico.

Mr. Campbell arrived on the 22d, but had nothing to tell of the least importance, save that he was generally disgusted with the whole thing, and had not found Juarez at all. I am sure this whole movement was got up for the purpose of getting General Grant away from Washington, on the pretext of his known antagonism to the French occupation of Mexico, because he was looming up as a candidate for President, and nobody understood the animus and purpose better than did Mr. Stanton. He himself was not then on good terms with President Johnson, and with several of his associates in the Cabinet. By Christmas I was back in St. Louis.

By this time the conflict between President Johnson and Congress had become open and unconcealed. Congress passed the bill known as the "Tenure of Civil Office" on the 2d of March, 1867 (over the President's veto), the first clause of which, now section 1767 of the Revised Statutes, reads thus: "Every person who holds any civil office to which he has been or hereafter may be appointed, by and with the advice and consent of the Senate, and who shall have become duly qualified to act therein, shall be entitled to hold such office during the term for which he was appointed, unless sooner removed by and with the advice and consent of the Senate, or by the appointment with the like advice and consent of a successor in his place, except as herein otherwise provided."

General E. D. Townsend, in his "Anecdotes of the Civil War," states tersely and correctly the preliminary circumstances of which I must treat. He says: "On Monday morning, August 5, 1867, President Johnson invited Mr. Stanton to resign as Secretary of War. Under the tenure-of-civil-office law, Mr. Stanton declined. The President a week after suspended him, and appointed General Grant, General- in-Chief of the Army, to exercise the functions. This continued until January 13, 1868, when according to the law the Senate passed a resolution not sustaining the President's action. The next morning General Grant came to my office and handed me the key of the Secretary's room, saying: 'I am to be found over at my office at army headquarters. I was served with a copy of the Senate resolution last evening.' I then went up-stairs and delivered the key of his room to Mr. Stanton."

The mode and manner of Mr. Stanton's regaining his office, and of General Grant's surrendering it, were at the time subjects of bitter controversy. Unhappily I was involved, and must bear testimony. In all January, 1868, I was a member of a board ordered to compile a code of articles of war and army regulations, of which Major-General Sheridan and Brigadier-General C. C. Augur were associate members. Our place of meeting was in the room of the old War Department, second floor, next to the corner room occupied by the Secretary of War, with a door of communication. While we were at work it was common for General Grant and, afterward, for Mr. Stanton to drop in and chat with us on the social gossip of the time.

On Saturday, January 11th, General Grant said that he had more carefully read the law (tenure of civil office), and it was different from what he had supposed; that in case the Senate did not consent to the removal of Secretary of War Stanton, and he (Grant) should hold on, he should incur a liability of ten thousand dollars and five years' imprisonment. We all expected the resolution of Senator Howard, of Michigan, virtually restoring Mr. Stanton to his office, would pass the Senate, and knowing that the President expected General Grant to hold on, I inquired if he had given notice of his change of purpose; he answered that there was no hurry, because he supposed Mr. Stanton would pursue toward him (Grant) the same course which he (Stanton) had required of him the preceding August, viz., would address him a letter claiming the office, and allow him a couple of days for the change. Still, he said he would go to the White House the same day and notify the President of his intended action.

That afternoon I went over to the White House to present General Pope, who was on a visit to Washington, and we found the President and General Grant together. We made our visit and withdrew, leaving them still together, and I always supposed the subject of this conference was the expected decision of the Senate, which would in effect restore Mr. Stanton to his civil office of Secretary of War. That evening I dined with the Hon. Reverdy Johnson, Senator from Maryland, and suggested to him that the best way to escape a conflict was for the President to nominate some good man as Secretary of War whose confirmation by the Senate would fall within the provisions of the law, and named General J. D. Cox, then Governor of Ohio, whose term of office was drawing to a close, who would, I knew, be acceptable to General Grant and the army generally. Mr. Johnson was most favorably impressed with this suggestion, and promised to call on the President the next day (Sunday), which he did, but President Johnson had made up his mind to meet the conflict boldly. I saw General Grant that afternoon at his house on I Street, and told him what I had done, and so anxious was he about it that he came to our room at the War Department the next morning (Monday), the 13th, and asked me to go in person to the White House to urge the President to send in the name of General Cox. I did so, saw the President, and inquired if he had seen Mr. Reverdy Johnson the day before about General Cox. He answered that he had, and thought well of General Cox, but would say no further.

Tuesday, January 14, 1868, came, and with it Mr. Stanton. He resumed possession of his former office; came into that where General Sheridan, General Augur, and I were at work, and greeted us very cordially. He said he wanted to see me when at leisure, and at half-past 10 A.M. I went into his office and found him and General Grant together. Supposing they had some special matters of business, I withdrew, with the remark that I was close at hand, and could come in at any moment. In the afternoon I went again into Mr. Stanton's office, and we had a long and most friendly conversation; but not one word was spoken about the "tenure-of-office" matter. I then crossed over Seventeenth Street to the headquarters of the army, where I found General Grant, who expressed himself as by no means pleased with the manner in which Mr. Stanton had regained his office, saying that he had sent a messenger for him that morning as of old, with word that "he wanted to see him." We then arranged to meet at his office the next morning at half-past nine, and go together to see the President.