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ion he had had with me when I first took command of the department。 I told him that I recollected the facts of the conversation distinctly。 He then asked me what changes had been made。 I told him no material changes； but such as had been made I could state at once。 I went on to state that in the fall six companies of the 29th infantry had been brought to this City to winter； but as an offset to that； four companies of the 12th infantry had been detached to South Carolina on the request of the Commander of that District； that two companies of artillery had been detached by my predecessor； one of them for the purpose of siding in putting down the Fenian difficulties； had been returned to the command； that although the number of companies head been increased； the numerical strength of the command was very much the same； growing out of an order reducing the artillery and infantry companies from the maximum of the war establishment to the minimum of the peace establishment。 The President said： 〃I do not refer to those changes。〃 I replied that if he would state what changes he referred to； or who made the report of the changes； perhaps I could be more； explicit。 He said； 〃I refer to recent changes within a day or two；〃 or something to that effect。 I told him I thought I could assure him that no changes had been made； that under a recent order issued for the government of the armies of the United States； founded upon a law of Congress； all orders had to be transmitted through General Grant to the army； and in like manner all orders coming from General Grant to any of his subordinate officers must necessarily come； if in my department； through me； that if by chance an order had been given to any junior officer of mine it was his duty at once to report that fact。 The President asked me。 〃What order do you refer to？〃 I replied； 〃To order number 17 of the series of 1867。〃 He said； 〃I would like to see the order；〃 and a messenger was dispatched for it。 At this time a gentleman came in who I supposed had business in no way connected with the business I had in hand； and I withdrew to the farther end of the room； and while there； the messenger came in with the book of orders and handed it to me。 As soon as the gentleman had withdrawn； I returned to the President with the book in my hand； and said I would take it as a favor if he would permit me to call his attention to that order； that it had been passed in an appropriation bill； and I thought it not unlikely that it had escaped his attention。 He took the order and read it； and observed； 〃This is not in conformity with the Constitution of the United States； that makes me Commander…in…Chief； or with the terns of your commission。〃 I replied； 〃That is the order which you approved and issued to the army for our government；〃 or something to that effect。 I can not recollect the exact words； nor do I intend to quote the exact words of the President。 He said； 〃Am I to understand that the President of the United States can not give an order except through the General of the Army？ Or General Grant？〃 I said in reply； that that was my impressionthat that was the opinion that the Army entertain； and I thought upon that subject they were a unit。 I also said； 〃I think it is fair； Mr。 President； to say to you that when this order came out； there was considerable discussion on the subject as to what were the obligations of an officer under that order； and some eminent lawyers were consulted。 I myself consulted oneand the opinion was given to me decidedly and unequivocally
that we were bound by the order； Constitutional or not Constitutional。 The President observed that 〃the object of the law was evident。〃
The following is that portion of the act referred to：
〃Section 2。 Be it further enacted： That the headquarters of the General of the Army of the United States shall be at the City of Washington； and all orders and instructions relating to military operations issued by the President and Secretary of War shall be issued through the General of the Army； and in case of his inability； through the next in rank。 The General of the； Army shall not be removed； suspended； or relieved from command or assigned to duty elsewhere than at said headquarters except at his own request WITHOUT THE PREVIOUS APPROVAL OF THE SENATE； and any orders or instructions relating to Military operations issued contrary to the requirements of this section； shall be null and void。 And any officer who shall issue orders or instructions； contrary to the provisions of this section； shall be deemed guilty of a misdemeanor in office； and any officer of the Army who shall transmit； convey or obey any orders or instructions so issued contrary to the provisions of this section； knowing that such orders were so issued shall be liable to imprisonment for not less than two nor more than twenty years upon conviction thereof in any Court of competent jurisdiction。〃
By turning to the Congressional Record of that day； it will be found that Mr。 Johnson was perfectly aware of the existence of the foregoing provision of the Act of Congress in the bill referred to； at the time he returned the bill to the House with his signature。 His reasons for so signing it are set out in the following communication to the House accompanying the bill
The act entitled 〃An act making appropriations for the support of the Army for the year ending June 30； 1868； and for other purposes；〃 contains provisions to which I must call attention。 There are propositions contained in the second section which in certain cases deprives the President of his Constitutional functions of Commander in Chief of the Army； and in the sixth section； which denies to ten States of the Union their Constitutional right to protect themselves in any emergency； by means of their own militia。 These provisions are out of place in an appropriation act； but I am compelled to defeat these necessary appropriations if I withhold my signature from the act。 Pressed by these considerations； I feel constrained to return the bill with my signature； but to accompany it with my earnest protest against the section which I have indicated。
Andrew Johnson。 Washington； D。 C。； March 2； 1868。
That Congress was to expire by limitation at 12 o'clock on the 4th； thirty…six hours later。 If Mr。 Johnson had vetoed the bill； as under ordinary conditions it would have been his duty to the Constitution and to himself to do； its re…passage through the two Houses in that limited time would have been impossible； and the appropriations carried by the bill for the support of the Army would have been lost。 To save them Mr。 Johnson submitted to the indignity put upon him by Congress in denying him a guaranteed and manifest Constitutional right and power。 In that act Mr。 Johnson illustrated a magnanimity and a consciousness of public responsibility that was most creditible to himself； and in marked contrast to the action of Congress toward him。
CHAPTER X。 A CONFERENCE HELD AND THE FIRST VOTE TAKEN。
A few days prior to the day set for taking the vote on the several Articles of Impeachment； and after the conclusion of testimony； it was proposed that there be a private session for conference of the Senate on a day named； May 11th； to give Senators an opportunity to declare themselves on the pending impeachment。
Neither the precise object or the utility of a conference were then apparent； but the result was somewhat of a surprise to those who had； up to that time； been undoubtingly confident of the President's conviction。 Comparatively few Senators had previously declared their position。 Very few； if any of the Republican Senators had indicated a disposition to vote against any of the articles； but the silence of a number of them； and their refusal to commit themselves even to their associates； was a source of uneasiness in Senatorial Impeachment circles。 Hence； possibly； the suggestion of a 〃conference。〃
It was taken for granted that every Democratic Senator would vote against the impeachment。 But the idea was not to be entertained that the 〃no〃 votes would extend beyond the Democratic coterie of twelve。 There were； however； anxious misgivings as to that。 There was too much silencetoo much of saying nothing when so little that might be said would go so far to relieve an oppressive anxiety。
So a session for 〃conference〃 was ordered and held； much to the surprise of gentlemen whose silence had become somewhat oppressive； and was becoming equally painful to those who wanted a conference。〃 It savored of an attempt to 〃poll the Senate〃 in advance of judgment。 It was resolved at the session of May 7th； to hold a session for deliberation on the following Monday； May 11th。 The most surprising development of that session was the weakness of the bill of indictment at the very point where it was apparently strongestthe first Article。 Two conspicuous and influential SenatorsMessrs。 Sherman of Ohio； and Howe of Wisconsindeclared； and gave convincing reasons therefor； that they would not vote for the impeachment of Mr。 Johnson on that Article。
In his remarks on this occasion； after giving a history of the enactment of the Tenure…of…Office law； the first section of which specifically excepts from its operation such members of M