ch accompanies the published correspondence, that he "has had no
correspondence with the President since the 12th of August last;" and
he further says that since he resumed the duties of the office he has
continued to discharge them "without any personal or written
communication with the President;" and he adds, "No orders have been
issued from this Department in the name of the President with my
knowledge, and I have received no orders from him."
It thus seems that Mr. Stanton now discharges the duties of the War
Department without any reference to the President and without using his
name.
My order to you had only reference to orders "assumed to be issued by
the direction of the President." It would appear from Mr. Stanton's
letter that you have received no such orders from him. However, in your
note to the President of the 30th ultimo,[42] in which you acknowledge
the receipt of the written order of the 29th,[43] you say that you have
been informed by Mr. Stanton that he has not received any order limiting
his authority to issue orders to the Army, according to the practice
of the Department, and state that "while this authority to the War
Department is not countermanded it will be satisfactory evidence to
me that any orders issued from the War Department by direction of the
President are authorized by the Executive."
The President issues an order to you to obey no order from the War
Department purporting to be made "by the direction of the President"
until you have referred it to him for his approval. You reply that you
have received the President's order and will not obey it, but will obey
an order purporting to be given by his direction _if it comes from the
War Department_. You will not obey the direct order of the President,
but will obey his indirect order. If, as you say, there has been a
practice in the War Department to issue orders in the name of the
President without his direction, does not the precise order you have
requested and have received change the practice as to the General of
the Army? Could not the President countermand any such order issued to
you from the War Department? If you should receive an order from that
Department, issued in the name of the President, to do a special act,
and an order directly from the President himself not to do the act, is
there a doubt which you are to obey? You answer the question when you
say to the President, in your letter of the 3d instant,[44] the Secretary
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