As to the Secretary of War, his office is twofold. As a Cabinet officer he should not be there without your hearty, cheerful assent, and I believe that is the judgment and opinion of every fair-minded man. As the holder of a civil office, having the supervision of moneys appropriated by Congress and of contracts for army supplies, I do think Congress, or the Senate by delegation from Congress, has a lawful right to be consulted. At all events, I would not risk a suit or contest on that phase of the question. The law of Congress, of March 2, 1867, prescribing the manner in which orders and instructions relating to “military movements” shall reach the army, gives you as constitutional Commander-in-Chief the very power you want to exercise, and enables you to prevent the Secretary from making any such orders and instructions; and consequently he cannot control the army, but is limited and restricted to a duty that an Auditor of the Treasury could perform. You certainly can afford to await the result. The Executive power is not weakened, but rather strengthened. Surely he is not such an obstruction as would warrant violence, or even s show of force, which would produce the very reaction and clamor that he hopes for to save him from the absurdity of holding an empty office “for the safety of the country.”
This is so much as I ought to say, and more too, but if it produces the result I will be more than satisfied, viz., that I be simply allowed to resume my proper post and duties in St. Louis. With great respect, yours truly,
W. T. SHERMAN, Lieutenant-General.
On the 1st of February, the board of which I was the president submitted to the adjutant-general our draft of the “Articles of War and Army Regulations,” condensed to a small compass, the result of our war experience. But they did not suit the powers that were, and have ever since slept the sleep that knows no waking, to make room for the ponderous document now in vogue, which will not stand the strain of a week’s campaign in real war.
I hurried back to St. Louis to escape the political storm I saw brewing. The President repeatedly said to me that he wanted me in Washington, and I as often answered that nothing could tempt me to live in that center of intrigue and excitement; but soon came the following:
HEADQUARTERS ARMY OF THE UNITED STATES,
WASHINGTON, February 10, 1868.
DEAR GENERAL: I have received at last the President’s reply to my last, letter. He attempts to substantiate his statements by his Cabinet. In this view it is important that I should have a letter from you, if you are willing to give it, of what I said to you about the effect of the “Tenure-of-Office Bill,” and my object in going to see the President on Saturday before the installment of Mr. Stanton. What occurred after the meeting of the Cabinet on the Tuesday following is not a subject under controversy now; therefore, if you choose to write down your recollection (and I would like to have it) on Wednesday, when you and I called on the President, and your conversation with him the last time you saw him, make that a separate communication.