citing the ground I had taken in the case
of the Baltimore police commissioners.

In that case I did not doubt the technical right of Governor Swann to
remove the old commissioners and to appoint their successors. As the old
commissioners refused to give up, however, I contended that no resource
was left but to appeal to the courts.

Finding that the President was desirous of keeping Mr. Stanton out of
office, whether sustained in the suspension or not, I stated that I had
not looked particularly into the tenure-of-office bill, but that what
I had stated was a general principle, and if I should change my mind in
this particular case I would inform him of the fact.

Subsequently, on reading the tenure-of-office bill closely, I found that
I could not, without violation of the law, refuse to vacate the office
of Secretary of War the moment Mr. Stanton was reinstated by the Senate,
even though the President should order me to retain it, which he never
did.

Taking this view of the subject, and learning on Saturday, the 11th
instant, that the Senate had taken up the subject of Mr. Stanton's
suspension, after some conversation with Lieutenant General Sherman and
some members of my staff, in which I stated that the law left me no
discretion as to my action should Mr. Stanton be reinstated, and that I
intended to inform the President, I went to the President for the sole
purpose of making this decision known, and did so make it known.

In doing this I fulfilled the promise made in our last preceding
conversation on the subject.

The President, however, instead of accepting my view of the requirements
of the tenure-of-office bill, contended that he had suspended Mr.
Stanton under the authority given by the Constitution, and that the same
authority did not preclude him from reporting, as an act of courtesy,
his reasons for the suspension to the Senate; that, having appointed me
under the authority given by the Constitution, and not under any act of
Congress, I could not be governed by the act. I stated that the law was
binding on me, constitutional or not, until set aside by the proper
tribunal. An hour or more was consumed, each reiterating his views on
this subject, until, getting late, the President said he would see me
again.

I did not agree to call again on Monday, nor at any other definite time,
nor was I sent for by the President until the following Tuesday.

From the 11th to the Cabinet meeting on the 14th insta