y determined in manner aforesaid,
and for no other end or purpose, this respondent, as President of the
United States, on the 12th day of August, 1867, seven days after the
reception of the letter of the said Stanton of the 5th of August,
hereinbefore stated, did issue to the said Stanton the order
following, namely:

EXECUTIVE MANSION,

_Washington, August 12, 1867_.

Hon. EDWIN M. STANTON,

_Secretary of War_.

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, papers, and other public property now in your
custody and charge.

To which said order the said Stanton made the following reply:

WAR DEPARTMENT,

_Washington City, August 12, 1867_.

The PRESIDENT.

SIR: Your note of this date has been received, informing me that by
virtue of the powers 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 also 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 Senate and without 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.

And this respondent, further answering, says that it is provided in and
by the second section of "An act regulating the t