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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) GRANT AS SECRETARY OF WAR AD INTERIM

Of the impeachment and trial of President Johnson it is not my province to write. My special knowledge relates only to its first cause, above referred to, and its termination, both intimately connected with the history of the War Department, the necessities of which department, real or supposed, constituted the only vital issue involved in the impeachment trial. The following memorandum, made by me at the time, and now published with the consent of Mr. Evarts, explains the circumstances under which I became Secretary of War in 1868, and the connection of that event with the termination of the impeachment trial:

  "Memorandum
"May, 1868

"In compliance with a written request from Mr. W. M. Evarts, dated Tuesday, April 21, 1868, 2 P. M., I called upon that gentleman in his room at Willard's Hotel, Washington, a few minutes before three o'clock P. M. of the same day.

"Mr. Evarts introduced conversation by saying something about the approaching trial of Mr. Jefferson Davis, but quickly said that was not what he wished to see me about. The business upon which he wished to see me was of vastly greater importance, involving the safety of the country and the maintenance of the Constitution. Mr. Evarts then asked my consent that the President might at any time before the close of the impeachment trial send my nomination to the Senate as Secretary of War in place of Mr. Stanton. I asked upon what ground, and for what reasons, the proposition was made, which question was then answered in part, and in the evening of the same day more fully, as hereafter related. It having been announced that General Grant was waiting at the door for me, this first interview was cut short with an agreement to renew it about eight o'clock the same evening. Before separating I asked Mr. Evarts whether I was at liberty to mention the subject to any other person. Mr. Evarts replied: 'I suppose you mean General Grant.' I said: 'Yes, my relations with General Grant, and his with the President, are such that I do not wish to act in such a matter without consulting him.' Mr. Evarts said he could not give consent that any persons should be informed that such a proposition had been made on behalf of the President, and suggested some objections to consulting General Grant on the subject, for the reason of his being a candidate for the Presidency, but finally intimated that it might be well to talk to General Grant about it incidentally, and thus learn his views.

INTERVIEWS WITH EVARTS AND GRANT

"While walking with General Grant after dinner the same day, I said to him, in effect, that I had reason to believe that a proposition like to one referred to above would probably be made to me, and that upon the theory, as I understood, that the President would not be convicted by the Senate, and I asked General Grant's opinion in regard to it. General Grant replied that he had supposed there was no reasonable doubt of the President's removal, but if that was not the case, or if it were, he (General Grant) would be glad to have me as Secretary of War during the remainder of the term; that Mr. Wade would have some difficulty in making up a cabinet for so short a portion of a term.

"About eight o'clock P. M. of the same day (April 21) I again called upon Mr. Evarts at the hotel, when a long conversation took place upon the subject referred to in the morning. The substance of what Mr. Evarts said was as follows: He was fully satisfied that the President could not be convicted upon the evidence; if he was removed, it would be done wholly from supposed party necessity; that this was the opinion and feeling of a considerable number of the ablest lawyers and statesmen among the Republican senators; that it was his and their opinion that if the President was removed, it would be not really from anything he had done, but for fear of what he might do; that he (Mr. Evarts) did not believe the President could possibly be convicted in any event, but that senators were at a loss how to remove the apprehensions of the Republican party as to what the President would do in case of acquittal, unless the War Department was placed in a satisfactory condition in advance. He said: 'A majority of Republicans in both houses of Congress and throughout the country now regret the commencement of the impeachment proceedings, since they find how slight is the evidence of guilty intent. But now the serious question is, how to get out of the scrape? A judgment of guilty and removal of the President would be ruinous to the party, and cause the political death of every senator who voted for it as soon as the country has time to reflect upon the facts and appreciate the frivolous character of the charges upon which the removal must be based. The precedent of the impeachment and removal of the President for political reasons would be exceedingly dangerous to the government and the Constitution; in short, the emergency is one of great national peril.'

"He added that this was the view of the case entertained by several among the most prominent Republican senators, and that from such senators came the suggestion that my nomination as Secretary of War be sent to the Senate, in order that the Senate might vote upon the President's case in the light of that nomination. Mr. Evarts believed that I was so named because my appointment would be satisfactory to General Grant, and would give the Republican party a sense of security as to the President's future action in reference to the War Department and the military districts of the South; that it was not with anybody a question of friendship or hostility toward the President personally, for he really had no friends. That while the Democrats in the Senate would of course vote for his acquittal, and do their whole duty in the case, just so soon as he was removed they would rejoice that it was done, feeling confident that it would cause the overthrow of the Republican party and the defeat of General Grant. Mr. Evarts was not at liberty to mention names of senators holding these views and originating the proposition of my nomination.

"I suggested a number of objections, some personal as to myself, and others of a public character, to giving my assent to the proposed nomination, in reply to which objections many of the above statements by Mr. Evarts were made. I then said I would again talk with General Grant upon the subject, and give a definite reply the next morning. About eleven o'clock the same night (April 21) I informed General Grant at his house that the proposition above named had been (or it would be) made to me; that it originated with Republican senators; and I gave in substance the reasons above stated as what I understood to be the grounds upon which the proposition was made. I did not give any names of senators, nor the channel through which my information or the proposition came. My remarks to General Grant were prefaced by the statement that while I would be glad of General Grant's advice if he felt at liberty to give it, I did not wish to ask General Grant to commit himself in so delicate a matter unless he desired to do so; but that the matter was one of so great importance that I thought it my duty to tell him all about it, and what I believed I ought to do, and leave General Grant to advise me or not, as he thought best. I said that although the statement of the views and wishes of senators above referred to came to me indirectly, they came in such a way as not to permit me to doubt their correctness, and I believed it my duty to yield to the request. General Grant at once replied that under those circumstances he did not see how I could do otherwise. General Grant said he did not believe in any compromise of the impeachment question. The President ought to be convicted or acquitted fairly and squarely on the facts proved. That if he was acquitted, as soon as Congress adjourned he would trample the laws under foot and do whatever he pleased; that Congress would have to remain in session all summer to protect the country from the lawless acts of the President; that the only limit to his violation of law had been, and would be, his courage, which had been very slight heretofore, but would be vastly increased by his escape from punishment. General Grant said he would not believe any pledge or promise Mr. Johnson might make in regard to his future conduct. In his opinion, the only safe course, and the most popular one, would be to remove the President. He could understand the grounds of apprehension in the minds of some leading Republicans, but he did not agree with them. He believed the safest and wisest course was the bold and direct one. In this General Grant was very emphatic; he said he would not advise me to enter into any project to compromise the impeachment question, but if the facts were as represented that I could not well do otherwise than to acquiesce in the nomination.

INTERVIEWS WITH EVARTS AND GRANT

"The next morning (April 22), about ten o'clock, I called upon Mr. Evarts at Willard's Hotel, and informed him that I had considered the matter as carefully as I was able to do, and that there was only one difficulty in my mind. That was as to what would be the policy of the President during the remainder of his term, in the event of his being acquitted. I mentioned some of the President's recent acts, such as the creation of the Military Division of the Atlantic, disregard of military usage in sending orders to army officers out of the regular channels, etc.β€”acts for which no good reason could be given, and which at least tended to create discord and trouble. Mr. Evarts replied that he could not tell anything about those matters, but presumed that such annoying irregularities would disappear with the removal of their cause, namely, hostility between the President and the Secretary of War. Mr. Evarts said he did not see how I could satisfy myself of that subject without a personal interview with the President, which would not be advisable in the circumstances. I then said I did not expect any pledge from the President, and did not expect to receive any communication from him on the subject, either directly or indirectly; and that I was not willing to converse with the President, nor with any other person except Mr. Evarts, on the subject; but that I wished the President to understand distinctly

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