It was President Lincoln’s intense love for his fellow men that led him
to disapprove of the findings of court-martial, whenever there was a
possible excuse, particularly in the cases of soldiers charged with
desertion, with having fallen asleep at a post of duty, or with other
offenses.
Secretary Stanton always insisted upon the strictest discipline in the
army and frequently urged that derelict soldiers receive the severest
punishment of military law and custom, but Lincoln rarely took any advice
on such matters. He had meditated deeply on that subject and consulted
his own judgment in disposing of cases of that kind that came before him.
The late Joseph Holt, who recently died at Washington, was judge advocate
general of the army during the whole period of the war and it became
his duty to report many cases of alleged cowardice of soldiers as well
as other offenses. President Lincoln carefully read every line of the
charges against such men, and as soon as he saw the slightest chance
to excuse the poor fellow, a gleam of satisfaction would pass over his
serious face. Then folding the papers together he placed them in a pigeon
hole of his desk, and with his big eyes looking into those of the judge
advocate standing before him, he would say:
“Holt, we will let those soldiers go. Order them set free.”
It was after the battle of Chancellorsville that charges were brought
against several men for failing to march with their regiments into the
fight at a time when they were most needed. The charge of desertion was
made.
When Secretary Stanton heard of these cases he commanded Judge Holt to
present the charges against the men to the President in the strongest
possible terms.
“We need stronger discipline in the army,” said the stern secretary of
war to the judge advocate. “The time has come when the President must
yield to our opinion.”
Judge Holt was himself one of the ablest lawyers of his day, and had won
fame as a forensic orator long before the war.
“In presenting these cases,” said he to the writer a few months before
his death, “in obedience to the wish of the secretary of war, I used all
the legal acumen at my command. One morning, with my papers all ready
(and I was deeply in earnest in the matter), I proceeded to the White
House; and, as I entered his private office, the President looked up with
his long, sad face, saying:
“‘Ah! Holt, what have you there?’
“‘I have some important cases for your careful consideration, Mr.
President, with documentary evidence sufficient to condemn every man.’
“He took the papers and read them carefully, stopping at times to
reflect, then read on until he finished. There was no change in his
countenance this time, unless that it grew more sad and his expression
more serious. I had covered the cases in question with strong and
convincing argument and evidence. He finally raised his eyes from the
last paper and gazed intently through the window at some object across
the Potomac. Then, rising from his chair, with the papers all folded
together, he placed them in a pigeon hole already filled with similar
documents. With his tall, gaunt form facing me, he spoke, in deep, sad
tones, that would have touched the heart of the sternest officer of the
army:
“‘Holt (it was his custom to mention only the last name), you acknowledge
those men have a previous record for bravery. It is not the first time
they have faced danger; and they shall not be shot for this one offense.’
“I then thought it was my duty as the head of my department of military
justice to make further argument. For I knew Stanton would nearly explode
with rage when he heard of the President’s decision. I began to speak and
Lincoln sat down again, giving me his closest attention. Then, rising
from his chair and riveting his eyes upon me, he said:
“‘Holt, were you ever in battle?’
“‘I have never been.’
“‘Did Stanton ever march in the first line, to be shot at by an enemy
like those men did?’
“‘I think not, Mr. President.’
“‘Well, I tried it in the Black Hawk war, and I remember one time I grew
awful weak in the knees when I heard the bullets whistle around me and
saw the enemy in front of me. How my legs carried me forward I cannot now
tell, for I thought every minute that I would sink to the ground. The
men against whom those charges have been made probably were not able to
march into battle. Who knows that they were able? I am opposed to having
soldiers shot for not facing danger when it is not known that their legs
would carry them into danger. Send this dispatch ordering them to be set
free.’ And they were set free that day.”