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[374] as army officers, were misplaced when assigned to civil duties. They continued to display army titles in civil correspondence. The Executive Mansion had never before, and has never since, assumed such a military aspect. Another staff officer (John A. Rawlins) became Secretary of War.

The appointment of A. T. Stewart as Secretary of the Treasury was found to be in contravention of the Act of Sept. 2, 1789, drawn by Alexasender Hamilton, which provided that ‘no person appointed to any office instituted by this Act shall directly or indirectly be concerned in carrying on the business of trade or commerce’ In order to qualify Mr. Stewart, Patterson and Sherman urged the instant repeal of this disabling provision. Sumner, when the measure was about to pass, interposed, and insisted on a preliminary consideration by a committee. A few moments later a message was received from the President, in which he asked that Mr. Stewart be exempted from the Act. When Sherman sought to have a bill at once carried to that effect, Sumner again interposed an objection to such summary action, saying that ‘the bill ought to be most profoundly considered before it is acted upon by the Senate.’1 As senators were found after reflection to be averse to making a discrimination in Mr. Stewart's favor, the President withdrew his request, and nominated Mr. Boutwell of the House to the place. The Cabinet now had two members from Massachusetts,—a circumstance which led to Judge Hoar's retirement a few months later.2

E. B. Washburne, who had sought and received his place in the Cabinet as a compliment, held it only a week, and the President was in the mean time looking for his successor.3 Hamilton Fish was in washington on the day of the inauguration. That evening he dined at Sumner's in company with John Lothrop Motley, each little thinking how their names were afterwards to

1 Mr. Fish, in an interview with Sumner in June, 1870, instanced Sumner's action in the proposed repeal of the Tenure-of-Office Act as one of his acts in opposition to the President (Works, vol. XIV. p. 259); but all the senator did in relation to the repeal was to object to action; March 9, without deliberation. He kept out of the debate and contention altogether, and voted with the mass of senators of his party. It is more likely that the President was displeased by his objection to summary and exceptional legislation which would relieve Mr. Stewart from disability. The New York Tribune, March 21, 1872, said that Sumner's ‘sonorous voice’ arrested the proposed exemption, and that the senators after reflection were generally found to be against it.

2 The San Domingo controversy appears to have had some connection with this change. See Gen. J. D. Cox's notice of General Grant in the New York Nation, July 30, 1885.

3 Fessenden, when the temporary character of the appointment became known, is reported to have said to senators, ‘Who ever heard before of a Cabinet officer being appointed as a complimented?’

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