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[151] 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 instant, a doubt never entered my mind about the President's fully understanding my position, namely, that if the Senate refused to concur in the suspension of Mr. Stanton, my powers as Secretary of War ad interim would cease, and Mr. Stanton's right to resume at once the functions of his office would under the law be indisputable, and I acted accordingly. With Mr. Stanton I had no communication, direct nor indirect, on the subject of his reinstatement, during his suspension.

I knew it had been recommended to the President to send in the name of Governor Cox, of Ohio, for Secretary of War, and thus save all embarrassment — a proposition that I sincerely hoped he would entertain favorably; General Sherman seeing the President at my particular request to urge this, on the 13th instant.

On Tuesday (the day Mr. Stanton reentered the office of the Secretary of War) General Comstock, who had carried my official letter announcing that, with Mr. Stanton's reinstatement by the Senate, I had


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