He said that, reasoning from what occurred in the case of the police in
Maryland, which he regarded as a parallel one, he was of opinion, and so
assured you, that it would be his right and duty under your instructions
to hold the War Office after the Senate should disapprove of Mr.
Stanton's suspension until the question should be decided upon by the
courts; that he remained until very recently of that opinion, and that
on the Saturday before the Cabinet meeting a conversation was held
between yourself and him in which the subject was generally discussed.
General Grant's statement was that in that conversation he had stated
to you the legal difficulties which might arise, involving fine and
imprisonment, under the civil-tenure bill, and that he did not care to
subject himself to those penalties; that you replied to this remark that
you regarded the civil-tenure bill as unconstitutional and did not think
its penalties were to be feared, or that you would voluntarily assume
them; and you insisted that General Grant should either retain the
office until relieved by yourself, according to what you claimed was
the original understanding between yourself and him, or, by seasonable
notice of change of purpose on his part, put you in the same situation
which you would be if he adhered.
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