GENERAL ULYSSES S. GRANT

General Grant's examination during the investigation embraced a variety

of topics and the report is a volume of not less than twenty thousand

words. His testimony is marked by the qualities for which he was known

both on the civil and military side of his career. These qualities

were clearness of thought, accuracy and readiness of memory, directness

of expression and the absence of remarks in the nature of exaggeration

or embellishment. The character of the man and the history of events

may gain something from an examination of his testimony upon three

important points to which it related: the opinion of President Lincoln

in regard to the reconstruction of the government; the opinion of

President Johnson upon the same subject, and his own view of the

rights of General Lee and of the army under his command that had

surrendered at Appomattox.

When President Johnson entered upon the work of reconstructing the

government of North Carolina it was claimed that he was giving form

and effect to the plan which President Lincoln had accepted as a wise

policy.

There was some foundation for the claim as appears from the testimony

of General Grant, Mr. Seward, Mr. Stanton, and others, but there is no

ground for the claim that Mr. Lincoln had matured a plan or had

accepted any scheme of reconstruction at the hands of any one. In an

exigency, as in the case of the resignation of General Hooker, he

could act immediately, but time and thought, and discussion with

others were accepted as valuable aids, whenever there was not a

pressure for instant action.

General Grant was examined in July, 1867, and the opening was conducted

by Mr. Eldridge of Wisconsin. It related to the parole granted to

General Lee and his army. The nature of the questions led General

Grant to make this remark: "I will state here, that I am not quite

certain whether I am being tried, or who is being tried, by the

questions asked."

General Grant may have thought that Mr. Eldridge was endeavoring to

secure from him an admission that he had exceeded his authority in the

terms of the parole granted to General Lee. General Grant was able to

state the terms with exactness and within his powers as commander of

the conquering army. He claimed that General Lee surrendered his

army "in consideration of the fact that they were to be exempt from

trial so long as they conformed to the obligations which they had

taken." President Johnson claimed that the leaders should be tried.

This position he abandoned previous to July, 1867. Of an interview

with President Johnson, General Grant made this statement:

"He insisted on it that the leaders must be punished, and wanted to

know, when the time would come when those persons could be tried. I

told him when they violated their parole." In the opinion of General

Grant the terms of the parole did not include Jefferson Davis, as he

had been captured.

In the early part of the controversy President Johnson insisted that

General Lee should be tried for treason. That purpose on the part of

the President was resisted by General Grant. His position, in his own

language, was this:

"I insisted on it that General Lee would not have surrendered his army

and given up all their arms if he had supposed that after surrender, he

was going to be tried for treason and hanged. I thought we got a very

good equivalent for the lives of a few leaders in getting all those

arms and getting themselves under control bound by the oaths to obey

the laws. That was the consideration, which I insisted upon, we had

received."

General Grant added:

"Afterwards he got to agreeing with me on that subject."

On the question of political rights as involved in the surrender and in

the parole, General Grant said:

"I never claimed that the parole gave those prisoners any political

right whatever. I thought that that was a matter entirely with

Congress, over which I had no control, that simply as general-in-chief

commanding the army, I had a right to stipulate for the surrender on

terms which protected their lives. The parole gave them protection and

exemption from punishment for all offences not in violation of the

rules of civilized warfare."

The point of difference between General Grant and President Johnson in

regard to the parole is very clear from General Grant's answers to

questions by Mr. Thomas and Mr. Eldridge.

"You have stated your opinion as to the rights and privileges of

General Lee and his soldiers; do you mean that to include any political

rights?"

"I have explained that I did not."

"Was there any difference of opinion on that point between yourself and

President Johnson at any time?"

"On that point there was no difference of opinion; but there was as to

whether the parole gave them any privileges or rights . . . He claiming

that the time must come when they would be tried and punished, and I

claiming that that time could not come except by a violation of their

parole."

Grant claimed also that the army that had surrendered to Sherman came

under the same rules.

These quotations give General Grant's standing as an interpreter of

public law and as a leader capable of applying the rules and principles

of public law to practical affairs. His training at West Point may

have given him a knowledge of principles and his good sense enabled him

to apply the principles in the terms that he dictated at Appomattox.

General Grant's natural qualities were such that with training he might

have succeeded in great causes involving principles, but he was not

adapted to the ordinary business of a county-court lawyer.

It is quite certain from the testimony of General Grant that Mr.

Lincoln had had in mind a scheme for the organization of the States

that had been in rebellion and that Mr. Johnson's proclamation for the

government of North Carolina was not a wide departure from that

scheme.

General Grant was present at two meetings of the Cabinet in Mr.

Lincoln's time, when a proclamation was read and considered. In the

language of General Grant, "after the assassination it continued right

along and I was there with Mr. Johnson." General Grant's interest was

directed to two points: First, that civil government should be set up

but subject to the final action of Congress, and second, that the

parole should not be infringed. He states his position thus:

"I was always ready to originate matters pertaining to the army, but I

was never willing to originate matters pertaining to the civil

government of the United States. When I was asked my opinion about

what had been done I was willing to give it. I originated no plans and

suggested no plans for civil government."

The examination by Mr. Eldridge was in the nature of cross-examination

and for the purpose of gaining an admission from General Grant that he

had advised or sanctioned President Johnson's plan of reconstruction.

Hence General Grant's declarations that his part was limited to the

military side of the measure and that in his view the entire plan was

subject to Congressional action.

General Grant's testimony is explicit upon these points: He advised

President Johnson to grant a pardon to General Lee and a pardon to

General Johnston. He was especially urgent in favor of a pardon to

General Johnston in consideration of his speech to his army at the time

of the surrender. He advised against the proclamation of amnesty upon

the ground that the act was then premature.

General Grant's testimony adds strength to the statement that President

Johnson contemplated the recognition of a Congress composed of

Democratic members from the North and of the representatives from the

States that had been organized under the President's proclamation.

"I have heard him say--and I think I have heard him say it twice in his

speeches--that if the North carried the election by members enough to

give them, with the Southern members, a majority why would they not be

the Congress of the United States?"

In answer to this question: "Have you heard him make a remark

kindred to that elsewhere?" General Grant said:

"Yes, I have heard him say that aside from his speeches, in

conversation. I cannot say just when."

The North Carolina proclamation was read at an informal meeting at

which only Grant and Stanton were with the President. General Grant

did not criticise the paper. He said of it: "It was a civil matter

and although I was anxious to have something done I did not intend to

dictate any plan. I looked upon it simply as a temporary measure to

establish a sort of government until Congress should meet and settle

the whole question and that it did not make much difference how it was

done so there was a form of government there. . . . I don't suppose

that there were any persons engaged in that consultation who thought

of what was being done at that time as being lasting--any longer than

Congress would meet and either ratify that or establish some other

form of government."

General Grant understood that the North Carolina proclamation was in

substance the paper which had been considered by Mr. Lincoln, but

General Grant said also, that Mr. Lincoln's plan was "temporary, to be

either confirmed, or a new government set up by Congress."

General Grant's testimony upon one point is supported by the testimony

of Mr. Seward and the testimony of Mr. Stanton. They agree that Mr.

Johnson's plan of reconstruction was in substance the plan that Mr.

Lincoln had had under consideration. Mr. Stanton regarded the plan as

temporary.

If President Johnson intended to enforce the plan upon the country he

concealed his purpose when the North Carolina proclamation was under

consideration.

In the month of October, 1866, the police commissioners of the city of

Baltimore were engaged in the work of registering voters for the

November elections, and the authorities were engaged in the work of

registering the voters in all parts of the State of Maryland. It was

claimed that many thousands who had been engaged in the rebellion and

who were excluded under a provision of the Constitution had been

registered by the connivance of the authorities and especially by the

police commissioners of Baltimore. There were rumors of secret,

hostile organizations, there were threats of disturbance, and Governor

Swann became alarmed.

President Johnson became alarmed also and under date of October 25 he

wrote a letter to General Grant in which these paragraphs may be found:

"From recent development serious troubles are apprehended from a

conflict of authority between the executive of the State of Maryland

and the police commissioners of the city of Baltimore." . . . "I

therefore request that you inform me of the number of Federal troops at

present stationed in the city of Baltimore and vicinity."

General Grant informed the President on the 27th, that the number of

available and efficient troops was 1,550. Thereupon, on the first day

of November the President issued the following instruction to Secretary

Stanton:

"In view of the prevalence in various portions of the country of a

revolutionary and turbulent disposition which might at any moment

assume insurrectionary proportions and lead to serious disorders, and

of the duty of the government to be at all times prepared to act with

decision and effect this force is not deemed adequate for the

protection and security of the seat of government."

Secretary Stanton referred the President's letter to General Grant with

instructions "to take such measures as in his judgment are proper and

within his power to carry into operation the within directions of the

President."

Under this order six or eight companies in New York and on the way to

join regiments in the South were detained at Fort McHenry, and a

regiment in Washington was under orders to be ready to move upon notice.

On the second day of November the President qualified his demands in a

letter to Secretary Stanton and limited the expression of anxiety to

the city of Baltimore. It is certain that General Grant and Secretary

Stanton did not share the President's apprehensions and the day of

election passed without serious disturbance.

In the Philadelphia _Ledger_ of October 12, 1866, there appeared a

series of questions which were accompanied by the statement or the

suggestion that the President had submitted them to the Attorney-

General for an official opinion. The questions related to the

constitutional validity of the Thirty-ninth Congress, and upon the

ground that all the States were not represented although hostilities

had ceased.

From the testimony of Henry M. Flint, a newspaper correspondent, it

appears that the President had no knowledge of the questions until

after the publications in the _Ledger_. Flint's account of the affair

may be thus summarized. For himself and without conference with the

President, he reached the conclusion that the Thirty-ninth Congress was

an illegal body and he had reached the conclusion also that the

President entertained the same opinion. Thereupon he assumed that the

President would take the opinion of the Attorney-General. Having

advanced thus far, he next proceeded to write the questions that he

imagined the President would prepare and submit to the Attorney-General.

These questions he transmitted to a brother correspondent in New York

--Mr. F. A. Abbott--under cover of a letter which was not produced.

Flint gave the substance of his letter to Abbott in these words:

"These questions are supposed or believed to have submitted by the

President to the Attorney-General." Speaking of Abbott, Flint said:

"I knew he was connected with several newspapers and I had no doubt

when I sent these questions that they would appear in some paper in

some shape. . . . The object I had in view in writing these questions

and in sending them to Mr. Abbott was that they might appear before the

public, and that the public mind might be directed to that point, and

that the newspapers particularly might be led to express their

sentiments upon the questions involved in it."

When the publication "had given rise to considerable discussion" in the

language of Flint, "I thought," he says, "I ought to go the President

and tell him what part of the despatch was mine and what connection I

had had with the publication of it."

Of his interview with the President, he gives this report: "He showed

me an article, which I think, appeared the day after the questions were

published, in the _Daily News_ of Philadelphia, which took pretty

nearly the same ground my questions would indicate. . . . He spoke of

it rather approvingly."

Flint adds: "I had remarked to him: 'Mr. Johnson, it seemed to me

that it would be by no means remarkable that you should prepare such

questions as bear upon a subject which I know must have occupied your

mind as it has the public mind.' I forget what reply he made; it was

a sort of affirmative response or assent."

Whatever may have been the origin of Flint's questions, their

appearance in the manner indicated is an instance of volunteer service

not often paralleled in the rough contests of life. Without any

effort on his own part the President gained knowledge of a public

sentiment upon the question of the legality of the Thirty-ninth

Congress--a question in which he had much interest in the autumn of

1866.

The project to increase the army around Washington and the project

to proclaim the Thirty-ninth Congress an illegal body may have had an

intimate connection with the project to send General Grant on a mission

to Mexico and to place General Sherman in command at Washington, a

project of which I have spoken in another place.

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