General E. D. Townsend, in his “Anecdotes of the Civil War,” states tersely and correctly the preliminary circumstances of which I must treat.  He says:  “On Monday morning, August 5, 1867, President Johnson invited Mr. Stanton to resign as Secretary of War.  Under the tenure-of-civil-office law, Mr. Stanton declined.  The President a week after suspended him, and appointed General Grant, General-in-Chief of the Army, to exercise the functions.  This continued until January 13, 1868, when according to the law the Senate passed a resolution not sustaining the President’s action.  The next morning General Grant came to my office and handed me the key of the Secretary’s room, saying:  ’I am to be found over at my office at army headquarters.  I was served with a copy of the Senate resolution last evening.’  I then went up-stairs and delivered the key of his room to Mr. Stanton.”

The mode and manner of Mr. Stanton’s regaining his office, and of General Grant’s surrendering it, were at the time subjects of bitter controversy.  Unhappily I was involved, and must bear testimony.  In all January, 1868, I was a member of a board ordered to compile a code of articles of war and army regulations, of which Major-General Sheridan and Brigadier-General C. C. Augur were associate members.  Our place of meeting was in the room of the old War Department, second floor, next to the corner room occupied by the Secretary of War, with a door of communication.  While we were at work it was common for General Grant and, afterward, for Mr. Stanton to drop in and chat with us on the social gossip of the time.

On Saturday, January 11th, General Grant said that he had more carefully read the law (tenure of civil office), and it was different from what he had supposed; that in case the Senate did not consent to the removal of Secretary of War Stanton, and he (Grant) should hold on, he should incur a liability of ten thousand dollars and five years’ imprisonment.  We all expected the resolution of Senator Howard, of Michigan, virtually restoring Mr. Stanton to his office, would pass the Senate, and knowing that the President expected General Grant to hold on, I inquired if he had given notice of his change of purpose; he answered that there was no hurry, because he supposed Mr. Stanton would pursue toward him (Grant) the same course which he (Stanton) had required of him the preceding August, viz., would address him a letter claiming the office, and allow him a couple of days for the change.  Still, he said he would go to the White House the same day and notify the President of his intended action.