Department of
Washington. When he entered upon the command, he called upon the
President. A conversation, apparently not very important, occurred
between them, as to the military forces then in that department. In
February, 1868, the President directed his secretary to ask General
Emory to call upon him as early as practicable. In obedience to that
request General Emory called on the twenty-second day of February. The
President referred to the former conversation, and then inquired
whether any changes had been made, and especially within the recent
days, in the military forces under Emory's command. In the course of
the conversation growing out of these requests for information, General
Emory referred to an order which had then been recently issued which
embodied the provisions of the act of March, 1867, in regard to the
command of the army and the transmission of orders. The President
then said to Emory:

"What order do you refer to?"

In reply Emory said: "Order No. 17 of the Series of 1867."

The order was produced and read by the President, who said:

"This is not in conformity with the Constitution of the United States,
that makes me commander-in-chief, or with the terms of your commission."

General Emory said: "That is the order which you have approved and
issued to the army for our government."

The President then said: "Am I to understand that the President of the
United States cannot give an order except through the head of the army,
or General Grant?"

In the course of the conversation, General Emory informed the President
that eminent lawyers had been consulted, that he had consulted Robert
J. Walker, and that all of the lawyers consulted had expressed the
opinion that the officers of the army were bound by the order whether
the statute was constitutional or unconstitutional.

When General Grant was before the Judiciary Committee of the House of
Representatives during the impeachment investigation, this question
was put to him:

"Have you at any time heard the President make any remark in regard
to the admission of members of Congress from rebel States in either
House?"

"I cannot say positively what I have heard him say. I have heard him
say as much in his public speeches as anywhere else. I have heard him
say twice in his speeches that if the North carried the election by
members enough to give them, with the Southern members, the majority,
why should they not be the Congress of th