General Grant’s Special Powers
This chronic controversy between the military administration and the command once gave rise to one of the most dangerous crises in American history. The facts in respect to the origin of that crisis soon became obscured by other events, and have never been correctly published.
The assassination of President Lincoln occurred a very short time before the end of the Civil War. It appears that his successor in the Presidential office did not withdraw any part of the supreme authority which had been conferred upon General Grant by President Lincoln a year before. Nevertheless, Secretary Stanton, who had very reluctantly yielded to President Lincoln’s order, began, soon after the end of hostile operations, to resume the exercise of those functions which had formerly been claimed as belonging to the War Department, and which had been suspended by President Lincoln. Stanton “boldly took command of the armies.”( 1) By this General Grant was deeply offended, and finally declared that the action of the Secretary of War was intolerable; although he refers to it in his “Memoirs” as “another little spat.” The authority which Stanton assumed was the constitutional authority of the commander-in-chief of the army, a large part of which authority had been delegated by the President to General Grant, not to Secretary Stanton. Hence the Secretary’s assumption was offensive alike to the general and to the President. General Grant acted with great forbearance, and endeavored to obtain from Secretary Stanton due recognition of his rightful authority as general commanding the army, but with no permanent effect.( 2)
General Grant opposed the removal of Mr. Stanton by the exercise of the President’s prerogative alone, for the reason, with others, that such action would be in violation of the Tenure-of-Office Act.( 3) He also objected at first to either removal or suspension, mainly for fear that an objectionable appointment might be made in Stanton’s place.( 4) But those two objections being removed by Johnson’s tender of the appointment to Grant himself, vice Stanton suspended instead of removed, General Grant gave his full countenance and support to President Johnson in the suspension of Mr. Stanton, with a view on the part of the President to his ultimate removal, either with the concurrence of the Senate or through a judicial decision that the Tenure-of-Office Act was, as Johnson claimed, unconstitutional.( 5)
On August 12, 1867, Grant himself accepted the appointment of Secretary of War ad interim, and informed Stanton that he had done so. Stanton denied the right of the President to suspend him without the consent of the Senate, but wrote to the President, and to the same effect to General Grant: “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.”
In 1866, 1867, and 1868 General Grant talked to me freely several times of his differences with Secretary Stanton. His most emphatic declaration on that subject, and of his own intended action in consequence, appears from the records to have been made after Stanton’s return to the War Office in January, 1868, when his conduct was even more offensive to Grant than it had been before Stanton’s suspension in August, 1867, and when Grant and Sherman were trying to get Stanton out of the War Office.( 6) At the time of General Grant’s visit to Richmond, Va., as one of the Peabody trustees, he said to me that the conduct of Mr. Stanton had become intolerable to him, and, after asking my opinion, declared in emphatic terms his intention to demand either the removal of Stanton or the acceptance of his own resignation. But the bitter personal controversy which immediately followed between Grant and Johnson, the second attempt to remove Stanton in February, 1868, and the consequent impeachment of the President, totally eclipsed the more distant and lesser controversy between Grant and Stanton, and, doubtless, prevented Grant from taking the action in respect to Stanton’s removal which he informed me in Richmond he intended to take.( 7)