742 



UNITED STATES. 



more so by a resort to authority not granted by law 

 nor necessary to its faithful and efficient execution. 

 His rule has, in fact, been one of absolute tyranny, 

 without reference to the principles of our Govern- 

 ment or the nature of our free institutions. The 

 state of affairs which has resulted from the course he 

 has pursued has seriously interfered with a harmoni- 

 ous, satisfactory, and speedy execution of the Acts of 

 Congress, and is alone sufficient to justify a change. 

 His removal, therefore, cannot " be regarded as an 

 effort to defeat the laws of Congress;" for the 

 object is to facilitate their execution, through an 

 ofhce'r who has never failed to obey the statutes of 

 the land, and to exact, within his jurisdiction, a like 

 obedience from others. It cannot " be interpreted 

 by the unreconstructed element in the South those 

 who did all they could to break up this government 

 by arms and now wish to be the only element con- 

 sulted as to the method of restoring order as a tri- 

 umph ; " for, as intelligent men, they must know that 

 the mere change of military commanders cannot alter 

 the law, and that General Thomas will be as much 

 bound by its requirements as General Sheridan. It 

 cannot ''embolden them to renewed opposition to 

 the will of the loyal masses, believing that they have 

 the Executive with them ; " for they are perfectly 

 familiar with the antecedents of the President, and 

 know that he has not obstructed the faithful execu- 

 tion of any Act of Congress. 



No one, as you are aware, has a higher apprecia- 

 tion than myself of the services of General Thomas, 

 and no one would be less inclined to assign him to a 

 command not entirely to his wishes. Knowing him 

 as I do, I cannot think that he will hesitate for a 

 moment to obey any order having in view a complete 

 and speedy restoration of the Union, in the preserva- 

 tion of which he has rendered such important and 

 valuable services. 



General Hancock, known to the whole country as a 

 gallant, able, and patriotic soldier, will, I have no 

 doubt, sustain his liigh reputation in any position to 

 which he may be assigned. Ifj as you observe, the 

 department which he will have is a complicated one, 

 I feel confident that, under the guidance and instruc- 

 tions of General Sherman, General Sheridan will soon 

 become familiar with its necessities, and will avail 

 himself of the opportunity afforded by the Indian 

 troubles for the display of the energy, enterprise, and 

 daring which gave him so enviable a reputation dur- 

 ing our recent civil struggle. 



In assuming that it is the expressed wish of the 

 people that General Sheridan should not be removed 

 from his present command, you remark that " this is 

 a republic where the will of the people is the law of 

 the_land," and " beg that their voice may be heard." 

 This is indeed a republic, based, however, upon a 

 written constitution. That constitution is the com- 

 bined and expressed will of the people, and their 

 voice _ is law when reflected in the manner which 

 that instrument prescribes. While one of its pro- 

 visions makes the President Commander-in-Chief of 

 the Army and Navy, another requires that " he shall 

 take care that the laws be faithfully executed." Be- 

 lieving that a change in the command of the Fifth 

 Military District is absolutely necessary for a faith- 

 ful execution of the laws, I have issued the order 

 which is the subject of this correspondence ; and in 

 thus exercising a power that inheres in the Execu- 

 tive, under the Constitution, as Commander-in-Chief 

 of the military and naval forces, I am discharging a 

 duty required of me by the will of the nation, as 

 formally declared in the supreme law of the land. 

 By his oath the Executive 1% solemnly bound. " to 

 the best of his ability,' to preserve, protect, and de- 

 fend the Constitution," and although in times of 

 great excitement it may be lost to public view, it is 

 his duty, without regard to the consequences to him- 

 self, to hold sacred and to enforce any and all of its 

 provisions. Any other course would lead to the de- 

 struction of the republic ; for, the Constitution once 



abolished, there would be no Congress for the exer- 

 cise of legislative powers, no Executive to see that 

 the laws are faithfully executed, no judiciary to afford 

 to the citizen protection for life, limb, and property. 

 Usurpation would inevitaby follow, and a despotism 

 be fixed upon the people in violation of their com- 

 bined and expressed will. 



In conclusion, I fail to perceive any " military," 

 " pecuniary," or "patriotic reasons " why this order 

 should not be carried into effect. You will remem- 

 ber that in the first instance'I did not consider Gen- 

 eral Sheridan the most suitable officer for the com- 

 mand of the Fifth Military District. Time has 

 strengthened my convictions upon this point, and 

 has led me to the conclusion that patriotic considera- 

 tions demand that he should be superseded by an 

 officer who, while he will faithfully execute the law, 

 will at the same time give more general satisfaction 

 to the whole people, white and black, North and 

 South. 



I am, General, very respectfully, yours, 



ANDKEW JOHNSON. 



General U. S. GKANT, Secretary of War ad interim. 



On the 1 2th of August an order as above stat- 

 ed was issued removing Major-General Sheri- 

 dan from the command of the Fifth Military 

 District, and assigning him to a command in the 

 Department of Missouri. By the same order 

 Major-General George H. Thomas, of the De- 

 partment of the Cumberland, was assigned to 

 the vacant position, and Major-General Winfield 

 S. Hancock was ordered from the Department 

 of Missouri to the Cumberland. Subsequently, 

 owing to the ill-health of General Thomas, at 

 his desire, Major-General Hancock was trans- 

 ferred to the command of the Fifth Military 

 District. On August 26th Major-General Ed- 

 ward E. S. Canby was assigned to the com- 

 mand of the Second Military District in place 

 of Major-General Sickles, relieved and ordered 

 to New York City. On December 28th the 

 following order was issued : 



General Orders, No. 104. 



IlEADQtTAtJTEKS ARMY A. A. G. O., (^ 



WASHINGTON, December 28, 1807. ) 

 By direction of the President of the United States, 

 the following orders are made : 



1. Brevet Major-General E. 0. C. Ord will turn 

 over the command of the Fourth Military District to 

 Brevet Major-General A. C. Gillem, and proceed to 

 San FranciscOj California, to take command of the 

 Department of California. 



2. On being relieved by Brevet Major-General Orel. 

 Brevet Major-General Irwin McDowell will proceed 

 to Vicksburg, Miss., and relieve General Gillem in 

 command of the Fourth Military District. 



3. Brevet Major-General John Pope is hereby re- 

 lieved of the command of the Third Military District, 

 and will report, without delay, at the headquarters 

 of the Army for further orders, turning over his com- 

 mand to the next senior officer until the arrival of his 

 successor. 



4. Major-General George G. Meade is assigned to 

 the command of the Third Military District, and will 

 assume it without delay. The Department of the 

 East will be commanded by the senior officer now on 

 duty in it until a commander is named by the Presi- 

 dent. 



5. The officers assigned in the foregoing orders to 

 the command of military districts will exercise there- 

 in any and all powers conferred by Acts of Congress 

 upon district commanders, and also any and all pow- 

 ers pertaining to military department commanders. 



6. Brevet Major-General Wager Swayne, Colonel 

 Forty-fifth United States Infantry, is hereby relieved 



