In the ethics of some
persons such a course is allowable. But you can not stand even upon
that questionable ground. The "history" of your connection with this
transaction, as written by yourself, places you in a different
predicament, and shows that you not only concealed your design from
the President, but induced him to suppose that you would carry out his
purpose to keep Mr. Stanton out of office by retaining it yourself after
an attempted restoration by the Senate, so as to require Mr. Stanton to
establish his right by judicial decision.
I now give that part of this "history" as written by yourself in your
letter of the 28th ultimo:[38]
"Some time after I assumed the duties of Secretary of War _ad interim_
the President asked me my views as to the course Mr. Stanton would have
to pursue, in case the Senate should not concur in his suspension, to
obtain possession of his office. My reply was, in substance, that
Mr. Stanton would have to appeal to the courts to reinstate him,
illustrating my position by citing the ground I had taken in the case
of the Baltimore police commissioners.
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