e 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 w