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.
In that case I did not doubt the technical right of Governor Swann to
remove the old commissioners and to appoint their successors. As the old
commissioners refused to give up, however, I contended that no resource
was left but to appeal to the courts.
Finding that the President was desirous of keeping Mr. Stanton out of
office, whether sustained in the suspension or not, I stated that I had
not looked particularly into the tenure-of-office bill, but that what
I had stated was a general principle, and if I should change my mind in
this particular case I would inform him of the fact.
Subsequently, on reading the tenure-of-office bill closely, I found that
I could not, without violation of the law, refuse to vacate the office
of Secretary of War the moment Mr.
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