CHAPTER XXII

Differences Between the Commanding General of the Army and the War

Department--General Grant's Special Powers--His Appointment as

Secretary of War _Ad interim_--The Impeachment of President Johnson

--Memorandum of Interviews with William M. Evarts and General Grant

in Regard to the Secretaryship of War--Failure of the Impeachment

Trial--Harmony in the War Department--A New Policy at Army

Headquarters.

During nearly the entire history of the government of the United

States the relations between the general-in-chief, or nominal

commanding general of the army, and the War Department have been

the cause of discord, sometimes descending to bitter personal

controversy, and in a few instances leading to very serious results.

The differences between General Scott and the Secretary became so

serious that the general removed his headquarters from Washington

to New York, and remained away from the capital several years,

until the time when civil war was imminent. General Sherman also

found it necessary to escape from an intolerable situation by

removing to St. Louis, and did not return to Washington until the

condition of the War Department led to the impeachment of the

Secretary of War. During their long absence from the capital

neither of these generals could exercise any appreciable influence

over either the administration or the command of the army. It is

thought to be worthy of note that during one of these periods of

absence of the general-in-chief the military resources of the

country were mostly placed within easy reach of those about to

engage in an effort to break up the Union, and that during the

other period corruption in the War Department led to impeachment.

It is no reflection upon the many eminent, patriotic citizens who

have held the war portfolio to say that the very few men who have

proved unworthy of that great trust would have been much less likely

to do serious harm to the public interests if they had been under

the watchful eye of a jealous old soldier, like Scott or Sherman,

who was not afraid of them.

THE COMMANDING GENERAL AND THE WAR DEPARTMENT

As hereafter explained, the controversy between General Grant and

the Secretary of War was the primary cause which finally led to

the impeachment of the President of the United States. The cause

of this trouble has seemed to be inherent in the form and character

of the government. An essential provision of the Constitution

makes the President commander-in-chief of the army and navy. It

is manifestly indispensable that the executive head of a government

be clothed with this authority. Yet the President is not, as a

rule, a man of military education or experience. The exigencies

of party politics also seem to require, in general, that the

Secretary of War be a party politician, equally lacking with the

President in qualifications for military command.

The art of war has in all ages called forth the highest order of

genius and character, the great captains of the world having been

esteemed as among the greatest men. So, also, and in continually

increasing degree in modern times, the military art has called for

scientific education of the very highest character, supplemented

by practical experience. It cannot be questioned that the military

profession requires ability, education, and practical training no

less than the legal or any other profession. A Supreme Court of

the United States composed of merchants and bankers would be no

more of an anomaly than a body of general and staff officers of

like composition. The general policy of our government seems to

be based upon a recognition of this self-evident principle. We

have a national military academy and other military schools inferior

to none in the world, and well-organized staff departments which

are thoroughly efficient in war as well as in peace. The laws also

provide a due proportion of subordinate general officers for the

command of geographical departments in time of peace, or of divisions

and brigades in the field in time of war. But no provision is made

for an actual military commander of the entire army either in peace

or in war. During only a single year since the adoption of the

Constitution of the United States has this not been the fact. In

pursuance of a special act of Congress and the orders of President

Lincoln, General Grant in fact commanded "all the armies of the

United States" during the last year of the Civil War; but at no

other time has there been an actual military commander of the army

or armies whose authority as such was recognized by the War

Department.

Why, it may be asked, this strange departure from the recognized

rule of organization in all governmental and business affairs?

Why provide educated and trained experts for all subordinate

positions, and none for the head or chief, vastly the most important

of all?

In the first place, it is important to observe that the matter

rests absolutely in the hands of the President. Congress has no

power in the matter. To create by law a military head for the army

would be a violation of the essential provision of the Constitution

which makes the President commander-in-chief.

GENERAL GRANT'S SPECIAL POWERS

In the case of General Grant, Congress fully recognized this fact,

saying: "Under the direction and during the pleasure of the

President" he "may" command the armies of the United States. Even

this, if intended as conveying authority to the President, was

superfluous, and if intended as more than that would have been

unconstitutional. In fact, it was only a suggestion, intended to

be entirely within the limits of constitutional propriety, of what

was the general opinion of the people and of Congress, that after

three years of failure the President ought to select a soldier and

put him in actual command of all the armies. The President then

went far beyond the suggestion of Congress, and even to the extreme

limit of military abdication. He not only gave General Grant

absolute, independent command, placing at his disposal all the

military resources of the country, but he even denied to himself

any knowledge whatever of the general's plans. In this patriotic

act of extreme self-abnegation President Lincoln undoubtedly acted

in exact accord with what he believed to be the expressed popular

opinion, and probably in accord with his own judgment and inclination;

for no one could have been more painfully aware than he had by

that time become of the absolute necessity of having a military

man actually in control of all the armies, or more desirous than

he of relief from a responsibility to which he and his advisers

had proved so unequal. But it must be admitted that in this

President Lincoln went beyond the limit fixed by his constitutional

obligation as commander-in-chief. He would have more exactly

fulfilled that obligation if he had endeavored faithfully to

comprehend and adopt as his own all the plans proposed by his chosen

and trusted general-in-chief, guarding the latter against all

possible interference, theretofore so pernicious, from the War

Department or any other source. By such means the President could

have actually exercised the chief command imposed upon him by the

Constitution, sharing in due measure with his chief military officer

the responsibilities imposed by their high offices. In no other

way, it is believed, can the duties imposed upon a constitutional

commander-in-chief who is not possessed of military education and

experience be fully and conscientiously performed. Indeed, such

is the method pursued by great military sovereigns all over the

world, except in a few instances where the monarch believes himself,

either truly or falsely, superior in military ability to his chief

of staff. It is only in this country, where the chief of state

has generally no military training, and his war minister the same,

that a chief of staff of the army is supposed to be unnecessary.

While it is easy to understand the reasons which led to the action

of the government in the spring of 1864, it is much less easy to

understand why some reasonable approximation to that course, as

above suggested, and in accord with the practice of all military

nations, has never been adopted as a permanent system in this

country. Perhaps it may be like the case of that citizen of Arkansas

who did not mend the roof of his house when it was not raining

because it did not then need mending. But it would seem the part

of wisdom to perfect the military system so far as practicable in

time of peace rather then continue a fruitless controversy over

the exact location of an undefined and undefinable line supposed

to separate the military administration from the command in the

army, or the functions of the Secretary of War from those of the

commanding general. The experience of many years has shown that

the Secretary was sure to get on both sides of that line, no matter

where it was drawn. But it is encouraging to note that some

experiments made in more recent years, in the direction of the

generally recognized sound military system, have not proved by any

means unsatisfactory.

GENERAL GRANT'S SPECIAL POWERS

This chronic controversy between the military administration and

the command once gave rise to one of the most dangerous crises in

American history. The facts in respect to the origin of that crisis

soon became obscured by other events, and have never been correctly

published.

The assassination of President Lincoln occurred a very short time

before the end of the Civil War. It appears that his successor in

the Presidential office did not withdraw any part of the supreme

authority which had been conferred upon General Grant by President

Lincoln a year before. Nevertheless, Secretary Stanton, who had

very reluctantly yielded to President Lincoln's order, began, soon

after the end of hostile operations, to resume the exercise of

those functions which had formerly been claimed as belonging to the

War Department, and which had been suspended by President Lincoln.

Stanton "boldly took command of the armies."( 1) By this General

Grant was deeply offended, and finally declared that the action of

the Secretary of War was intolerable; although he refers to it in

his "Memoirs" as "another little spat." The authority which Stanton

assumed was the constitutional authority of the commander-in-chief

of the army, a large part of which authority had been delegated by

the President to General Grant, not to Secretary Stanton. Hence

the Secretary's assumption was offensive alike to the general and

to the President. General Grant acted with great forbearance, and

endeavored to obtain from Secretary Stanton due recognition of his

rightful authority as general commanding the army, but with no

permanent effect.( 2)

General Grant opposed the removal of Mr. Stanton by the exercise

of the President's prerogative alone, for the reason, with others,

that such action would be in violation of the Tenure-of-Office

Act.( 3) He also objected at first to either removal or suspension,

mainly for fear that an objectionable appointment might be made in

Stanton's place.( 4) But those two objections being removed by

Johnson's tender of the appointment to Grant himself, _vice_ Stanton

suspended instead of removed, General Grant gave his full countenance

and support to President Johnson in the _suspension_ of Mr. Stanton,

with a view on the part of the President to his ultimate removal,

either with the concurrence of the Senate or through a judicial

decision that the Tenure-of-Office Act was, as Johnson claimed,

unconstitutional.( 5)

On August 12, 1867, Grant himself accepted the appointment of

Secretary of War _ad interim_, and informed Stanton that he had

done so. Stanton denied the right of the President to suspend him

without the consent of the Senate, but wrote to the President, and

to the same effect to General Grant: "But inasmuch as the general

commanding the armies of the United States has been appointed _ad

interim_, and has notified me that he has accepted the appointment,

I have no alternative but to submit, under protest, to superior

force."

In 1866, 1867, and 1868 General Grant talked to me freely several

times of his differences with Secretary Stanton. His most emphatic

declaration on that subject, and of his own intended action in

consequence, appears from the records to have been made after

Stanton's return to the War Office in January, 1868, when his

conduct was even more offensive to Grant than it had been before

Stanton's suspension in August, 1867, and when Grant and Sherman

were trying to get Stanton out of the War Office.( 6) At the time

of General Grant's visit to Richmond, Va., as one of the Peabody

trustees, he said to me that the conduct of Mr. Stanton had become

intolerable to him, and, after asking my opinion, declared in

emphatic terms his intention to demand either the removal of Stanton

or the acceptance of his own resignation. But the bitter personal

controversy which immediately followed between Grant and Johnson,

the second attempt to remove Stanton in February, 1868, and the

consequent impeachment of the President, totally eclipsed the more

distant and lesser controversy between Grant and Stanton, and,

doubtless, prevented Grant from taking the action in respect to

Stanton's removal which he informed me in Richmond he intended to

take.( 7)

GRANT AS SECRETARY OF WAR _AD INTERIM_

Of the impeachment and trial of President Johnson it is not my

province to write. My special knowledge relates only to its first

cause, above referred to, and its termination, both intimately

connected with the history of the War Department, the necessities

of which department, real or supposed, constituted the only vital

issue involved in the impeachment trial. The following memorandum,

made by me at the time, and now published with the consent of Mr.

Evarts, explains the circumstances under which I became Secretary

of War in 1868, and the connection of that event with the termination

of the impeachment trial:

"Memorandum

"May, 1868

"In compliance with a written request from Mr. W. M. Evarts, dated

Tuesday, April 21, 1868, 2 P. M., I called upon that gentleman in

his room at Willard's Hotel, Washington, a few minutes before three

o'clock P. M. of the same day.

"Mr. Evarts introduced conversation by saying something about the

approaching trial of Mr. Jefferson Davis, but quickly said that

was not what he wished to see me about. The business upon which

he wished to see me was of vastly greater importance, involving

the safety of the country and the maintenance of the Constitution.

Mr. Evarts then asked my consent that the President might at any

time before the close of the impeachment trial send my nomination

to the Senate as Secretary of War in place of Mr. Stanton. I asked

upon what ground, and for what reasons, the proposition was made,

which question was then answered in part, and in the evening of

the same day more fully, as hereafter related. It having been

announced that General Grant was waiting at the door for me, this

first interview was cut short with an agreement to renew it about

eight o'clock the same evening. Before separating I asked Mr.

Evarts whether I was at liberty to mention the subject to any other

person. Mr. Evarts replied: 'I suppose you mean General Grant.'

I said: 'Yes, my relations with General Grant, and his with the

President, are such that I do not wish to act in such a matter

without consulting him.' Mr. Evarts said he could not give consent

that any persons should be informed that such a proposition had

been made on behalf of the President, and suggested some objections

to consulting General Grant on the subject, for the reason of his

being a candidate for the Presidency, but finally intimated that

it might be well to talk to General Grant about it incidentally,

and thus learn his views.

INTERVIEWS WITH EVARTS AND GRANT

"While walking with General Grant after dinner the same day, I said

to him, in effect, that I had reason to believe that a proposition

like to one referred to above would probably be made to me, and

that upon the theory, as I understood, that the President would

not be convicted by the Senate, and I asked General Grant's opinion

in regard to it. General Grant replied that he had supposed there

was no reasonable doubt of the President's removal, but if that

was not the case, or if it were, he (General Grant) would be glad

to have me as Secretary of War during the remainder of the term;

that Mr. Wade would have some difficulty in making up a cabinet

for so short a portion of a term.

"About eight o'clock P. M. of the same day (April 21) I again called

upon Mr. Evarts at the hotel, when a long conversation took place

upon the subject referred to in the morning. The substance of what

Mr. Evarts said was as follows: He was fully satisfied that the

President could not be convicted upon the evidence; if he was

removed, it would be done wholly from supposed party necessity;

that this was the opinion and feeling of a considerable number of

the ablest lawyers and statesmen among the Republican senators;

that it was his and their opinion that if the President was removed,

it would be not really from anything he had done, but for fear of

what he might do; that he (Mr. Evarts) did not believe the President

could possibly be convicted in any event, but that senators were

at a loss how to remove the apprehensions of the Republican party

as to what the President would do in case of acquittal, unless the

War Department was placed in a satisfactory condition in advance.

He said: 'A majority of Republicans in both houses of Congress

and throughout the country now regret the commencement of the

impeachment proceedings, since they find how slight is the evidence

of guilty intent. But now the serious question is, how to get out

of the scrape? A judgment of guilty and removal of the President

would be ruinous to the party, and cause the political death of

every senator who voted for it as soon as the country has time to

reflect upon the facts and appreciate the frivolous character of

the charges upon which the removal must be based. The precedent

of the impeachment and removal of the President for political

reasons would be exceedingly dangerous to the government and the

Constitution; in short, the emergency is one of great national

peril.'

"He added that this was the view of the case entertained by several

among the most prominent Republican senators, and that from such

senators came the suggestion that my nomination as Secretary of

War be sent to the Senate, in order that the Senate might vote upon

the President's case in the light of that nomination. Mr. Evarts

believed that I was so named because my appointment would be

satisfactory to General Grant, and would give the Republican party

a sense of security as to the President's future action in reference

to the War Department and the military districts of the South; that

it was not with anybody a question of friendship or hostility toward

the President personally, for he really had no friends. That while

the Democrats in the Senate would of course vote for his acquittal,

and do their whole duty in the case, just so soon as he was removed

they would rejoice that it was done, feeling confident that it

would cause the overthrow of the Republican party and the defeat

of General Grant. Mr. Evarts was not at liberty to mention names

of senators holding these views and originating the proposition of

my nomination.

"I suggested a number of objections, some personal as to myself,

and others of a public character, to giving my assent to the proposed

nomination, in reply to which objections many of the above statements

by Mr. Evarts were made. I then said I would again talk with

General Grant upon the subject, and give a definite reply the next

morning. About eleven o'clock the same night (April 21) I informed

General Grant at his house that the proposition above named had

been (or it would be) made to me; that it originated with Republican

senators; and I gave in substance the reasons above stated as what

I understood to be the grounds upon which the proposition was made.

I did not give any names of senators, nor the channel through which

my information or the proposition came. My remarks to General

Grant were prefaced by the statement that while I would be glad of

General Grant's advice if he felt at liberty to give it, I did not

wish to ask General Grant to commit himself in so delicate a matter

unless he desired to do so; but that the matter was one of so great

importance that I thought it my duty to tell him all about it, and

what I believed I ought to do, and leave General Grant to advise

me or not, as he thought best. I said that although the statement

of the views and wishes of senators above referred to came to me

indirectly, they came in such a way as not to permit me to doubt

their correctness, and I believed it my duty to yield to the request.

General Grant at once replied that under those circumstances he

did not see how I could do otherwise. General Grant said he did

not believe in any compromise of the impeachment question. The

President ought to be convicted or acquitted fairly and squarely

on the facts proved. That if he was acquitted, as soon as Congress

adjourned he would trample the laws under foot and do whatever he

pleased; that Congress would have to remain in session all summer

to protect the country from the lawless acts of the President; that

the only limit to his violation of law had been, and would be, his

courage, which had been very slight heretofore, but would be vastly

increased by his escape from punishment. General Grant said he

would not believe any pledge or promise Mr. Johnson might make in

regard to his future conduct. In his opinion, the only safe course,

and the most popular one, would be to remove the President. He

could understand the grounds of apprehension in the minds of some

leading Republicans, but he did not agree with them. He believed

the safest and wisest course was the bold and direct one. In this

General Grant was very emphatic; he said he would not advise me to

enter into any project to compromise the impeachment question, but

if the facts were as represented that I could not well do otherwise

than to acquiesce in the nomination.

INTERVIEWS WITH EVARTS AND GRANT

"The next morning (April 22), about ten o'clock, I called upon Mr.

Evarts at Willard's Hotel, and informed him that I had considered

the matter as carefully as I was able to do, and that there was

only one difficulty in my mind. That was as to what would be the

policy of the President during the remainder of his term, in the

event of his being acquitted. I mentioned some of the President's

recent acts, such as the creation of the Military Division of the

Atlantic, disregard of military usage in sending orders to army

officers out of the regular channels, etc.--acts for which no good

reason could be given, and which at least tended to create discord

and trouble. Mr. Evarts replied that he could not tell anything

about those matters, but presumed that such annoying irregularities

would disappear with the removal of their cause, namely, hostility

between the President and the Secretary of War. Mr. Evarts said

he did not see how I could satisfy myself of that subject without

a personal interview with the President, which would not be advisable

in the circumstances. I then said I did not expect any pledge from

the President, and did not expect to receive any communication from

him on the subject, either directly or indirectly; and that I was

not willing to converse with the President, nor with any other

person except Mr. Evarts, on the subject; but that I wished the

President to understand distinctly the conditions upon which I was

willing to accept the appointment, and desired Mr. Evarts to inform

the President of these conditions. If the nomination was then

made, I would take it for granted that the conditions were

satisfactory. I then said I had always been treated kindly by the

President, and felt kindly toward him; that I had always advised

him, whenever any excuse had been given for offering advice, to

avoid all causes of irritation with Congress, and try to act in

harmony with the legislative department; that I regarded the removal

of Mr. Stanton, in the way it was done, as wrong and unwise; that

I understood this proposition as coming originally from the Republican

side of the Senate, and as being accepted by the President in the

interest of peace, and for the purpose of securing harmony between

the legislative and executive departments of the government, and

a just and faithful administration of the laws, including the

reconstruction acts. I added: 'And the President knows from

General Schofield's acts what he means by this,--if, after these

conditions have been fully stated to the President, he sends my

name to the Senate, I will deem it my duty to say nothing on the

subject of accepting or declining the appointment until the Senate

has acted upon it.'

"Mr. Evarts intimated that the above was satisfactory, and the

interview then ended."

I returned to Richmond on Thursday, April 23, being then in command

in Virginia, executing the reconstruction acts. On the 24th the

President sent to the Senate my nomination as Secretary of War.

On the morning of the 26th I received from General Grant a confidential

letter, dated April 25, advising me under the circumstances to

decline the secretaryship in advance.( 8)

To the above letter I sent the following letters in reply:

"(Confidential.)

"Richmond, Va., April 26, 1868.

"Dear General: I regret exceedingly that your advice came too

late. I have already promised not to decline the nomination in

advance of any action of the Senate.

"Yours very truly,

"J. M. Schofield, Bvt. Maj.-Gen.

"Gen'l Grant, Washington, D. C."

"Richmond, Va., April 26, 1868.

"Dear General: I see from the papers that the President has

nominated me to the Senate as Secretary of War. You are aware that

I do not want that office; yet under existing circumstances, if

the Senate should wish me to serve I could not decline. I presume

my nomination will not be confirmed, but have no right to act upon

any such presumption.

"Yours very truly,

"J. M. Schofield, Bvt. Maj.-Gen.

"Gen'l Grant, Washington, D. C."

FAILURE OF THE IMPEACHMENT TRIAL

I have no means of knowing to what extent, if any, the Senate was

influenced by this nomination, but anxiety about the ultimate result

seemed to be soon allayed. About a month later a vote was taken

in the Senate, and the impeachment failed; my nomination was then

confirmed, as stated at the time, by a nearly unanimous vote of

the Senate.

I entered upon the duties of the office as Secretary of War on the

first day of June, and continued to discharge them until a few days

after General Grant's inauguration in March. I was greeted very

cordially by the President, by all the members of his cabinet, by

General Grant, and by a large number of senators who called upon

me at the War Department.

The duties devolved upon me were often of a very delicate character,

and it required at times no little tact to avoid serious trouble.

President Johnson's views were sometimes in direct conflict with

those which I felt compelled to maintain under the acts of Congress

affecting the States lately in rebellion; but it is due to the

memory of President Johnson to say that he did not at any time

require me to do anything contrary to my interpretation of the acts

of Congress, and the he in general acquiesced without objection in

all the measures I deemed necessary to preserve the peace and secure

a fair vote of the newly enfranchised citizens of the Southern

States in the Presidential election. The cordial assistance of

Mr. Evarts as Attorney-General was a great help to me in such

matters. When he was present I had little difficulty in respect

to the law involved in any question; but when he happened to be

absent, and I was compelled to stand alone against all the cabinet,

or all who chose to take any interest in the question, it was hard

work. But I always carried the day--at least, in act if not in

argument. The President never decided against me. He thus fulfilled

to the letter the implied promise made when he submitted my nomination

to the Senate.

If there ever had been any real ground for the wide-spread apprehension

of criminal purpose on the part of President Johnson, certainly

all indication of any such purpose disappeared with the failure of

his impeachment and the settlement of the long-standing controversy

respecting the War Department. The so-called reconstruction laws,

which the President so emphatically condemned as being unconstitutional,

were carried out without any further objection from him; the

Presidential election in the Southern States was conducted with

perfect good order; a free ballot and a full count were secured

under the supervision and protection of the army--a thing supposed

to be so dangerous to the liberties of a free people. This and

many other examples in the history of this country, from the time

when Washington surrendered his commission to the Continental

Congress down to the present time, show that a "free people" have

nothing to fear from their army, whether regular, volunteer, or

militia; the soldiers are, in fact, among the most devoted and

loyal citizens of the republic, and thoroughly imbued with the

fundamental principle of subordination of the military to the civil

power.

HARMONY IN THE WAR DEPARTMENT

With General Grant my relations while in the War Department were

of the most satisfactory character. As a candidate for the

Presidency, and as President-elect, he naturally desired to be as

free as possible from the current duties of his office as general

of the army, and he was absent from Washington much of the time,

his chief of staff, General Rawlins, remaining there to promulgate

orders in his name. Thus it devolved upon me to exercise all the

functions of "commander-in-chief of the army"--functions which it

is usually attempted to divide among three,--the President, the

Secretary of War, and the general-in-chief,--without any legal

definition of the part which belongs to each. Of course "the

machine" ran very smoothly in the one case, though there had been

much friction in the other.

In compliance with the wish of General Grant, I remained in office

under him for a few days, for the purpose of inaugurating the system

which he hoped would end the long-standing controversy between the

War Department and the headquarters of the army. The order which

was issued assigning General Sherman to command the entire army,

staff as well as line, was prepared by me under General Grant's

instructions, and the draft of the order was approved by him as

expressing the views he had maintained when he was general-in-chief.

As President he very soon yielded to the opposite views, and caused

the order to be amended accordingly.

That General Sherman then entertained views of his authority which

were too broad, as General Grant had also done, is no doubt true;

but it ought not to have been very difficult to correct such errors.

It was easier to take away all administrative authority and all

command over the general staff of the army, and the latter course

was adopted. The ancient controversy was up to 1888 no nearer

settlement than it was in 1869, though in General Sheridan's time

some progress had been made in the persistent efforts to deprive

the general-in-chief of the little authority which had been left

to General Sherman. General Sheridan had, with his usual gallantry

and confidence, renewed the contest, but had been worsted in his

first encounter with the Secretary, and then gave up the struggle.

Upon my assignment to the "command of the army" in 1888, I determined

to profit so far as possible by the unsatisfactory experience of

Generals Scott, Grant, Sherman, and Sheridan--at least so far as

to avoid further attempts to accomplish the impossible, which

attempts have usually the result of accomplishing little or nothing.

In fact, long study of the subject, at the instance of Generals

Grant and Sherman, earnest efforts to champion their views, and

knowledge of the causes of their failure, had led me to the conclusion

heretofore suggested, namely, that under the government of the

United States an actual military commander of the army is not

possible, unless in an extreme emergency like that which led to

the assignment of Lieutenant-General Grant in 1864; and that the

general-in-chief, or nominal commanding general, can at most be

only a "chief of staff,"--that or nothing,--whatever may be the

mere title under which he may be assigned to duty by the President.

A NEW POLICY AT ARMY HEADQUARTERS

As the first step in the experimental course decided upon, I sent

an order in writing to the adjutant-general, directing him never,

under any circumstances, to issue an order dictated by me, or in

my name, without first laying it before the Secretary of War; and

I made it known to all the staff that I disclaimed the right to

issue any order to the army without the knowledge of the President

or the Secretary. I also forbade the issuing of any order in my

name without my knowledge. The first rule was easy, the latter

very difficult, to enforce. I found, with no little surprise, that

the office of the "commanding general" usually learned for the

first time of routine orders issued in his name by seeing them

published in the New York papers the next day; and it was quite

difficult at first to make it distinctly understood that such a

practice could not be tolerated. In fact, it became necessary to

call attention to the question of veracity involved in such a use

of the general's name. Such was the condition the War Department

had reached. The adjutant-general had acquired the habit of issuing

nearly all his orders to the army without the knowledge of any one

of his superiors--the President, the Secretary of War, or the

general-in-chief. In fact, the adjutant-general had in practice

come very near being "commander-in-chief."

Some time and much patience were required to bring about the

necessary change, but ere long the result became very apparent.

Perfect harmony was established between the War Department and the

headquarters of the army, and this continued, under the administrations

of Secretaries Proctor, Elkins, and Lamont, up to the time of my

retirement from active service. During all this period,--namely,

from 1889 to 1895, under the administrations of Presidents Harrison

and Cleveland,--the method I have indicated was exactly followed

by the President in all cases of such importance as to demand his

personal action, and some such cases occurred under both administrations.

The orders issued were actually the President's orders. No matter

by whom suggested or by whom formulated, they were in their final

form understandingly dictated by the President, and sent to the

army in his name by the commanding general, thus leaving no possible

ground for question as to the constitutional authority under which

they were issued, nor of the regularity of the methods, in conformity

with army regulations, by which they were communicated to the army.

It is, I think, to be hoped that the system thus begun may be fully

developed and become permanent, as being the best practicable

solution of a long-standing and dangerous controversy, and as most

in accord with the fundamental principles of our constitutional

government, under which the President, whether a soldier or a

civilian, is in fact as well as in name the commander-in-chief of

the army and navy.

[( 1) Grant's "Memoirs," Vol. II, p. 105.]

[( 2) Grant's "Memoirs," Vol. II, pp. 104, 105; Sherman's "Memoirs,"

second edition, Vol. II, pp. 446-450.]

[( 3) See General Grant's letter to President Andrew Johnson, August

1, 1867, in McPherson's "History of Reconstruction," p. 307.]

[( 4) See General Grant's letter to President Andrew Johnson,

February 3, 1868, in McPherson's "History of Reconstruction," p.

286.]

[( 5) Sherman's "Memoirs," second edition, Vol. II, p. 241; and

McPherson's "History of Reconstruction," pp. 282-293.]

[( 6) Sherman's "Memoirs," second edition, Vol. II, pp. 422-424.]

[( 7) The records of the Peabody trustees show that their meeting

in Richmond, when General Grant was present, occurred January 21

and 22, 1868.]

[( 8) From all circumstances it is fair to assume that General

Grant's change of attitude was owing to his opinion as to the effect

the nomination would have upon the impeachment proceedings.]

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