[299] Protecting Grant, Congress passed the Command of the Army Act, preventing his removal or relocation, and forcing Johnson to pass orders through Grant.[300]
In August 1867, bypassing the Tenure of Office Act, Johnson discharged Secretary of War Stanton without Senate approval and appointed Grant ad interim Secretary of War. Stanton was the only remaining cabinet member friendly to the Radicals.[301] Although Grant initially recommended against dismissing Stanton, Grant accepted the position, not wanting the Army to fall under a conservative appointee who would impede Reconstruction, and managed an uneasy partnership with Johnson.[302] In December 1867, Congress voted to keep Stanton, who was reinstated by a Senate Committee on Friday, January 10, 1868. Grant told Johnson he was going to resign the office to avoid fines and imprisonment. Johnson, who believed the law would be overturned, said he would assume Grant's legal responsibility, and reminded Grant that he had promised him to delay his resignation until a suitable replacement was found.[303] The following Monday, not willing to wait for the law to be overturned, Grant surrendered the office to Stanton, causing confusion with Johnson.