Forty-Six Years in the Army - John McAllister Schofield (reading the story of the .TXT) 📗

momentous question of that day was wisely directed in the interest of peace at home, continued friendship with our former allies, the people of France, and the relief of an American republic from foreign domination; these great blessings were combined in the final result.

Too much cannot be said in praise of the able and patriotic statesmanship displayed by Secretary Seward in his treatment of the French violation of the Monroe doctrine.

Early in May, 1866, I received from Mr. Seward his final reply to my report of January 24, in which he said: "The object for which you were detailed to visit Europe having been sufficiently accomplished, there is considered to be no further occasion for you to remain in that quarter in the service of this department." Whereupon I returned to the United States, and reported at the State Department on the 4th of June.

The condition of the Franco-Mexican question at the time of my return from Europe gave no further occasion for my offices in either of the ways which had been contemplated in behalf of Mexico. Subsequent events in Mexico included the sad fate of Maximilian and the sadder fate of Carlotta.

CHAPTER XXI Reconstruction in Virginia—The State Legislature Advised to Adopt the Fourteenth Amendment—Congressional Reconstruction as a Result of the Refusal—The Manner in Which the Acts of Congress Were Executed—No Resort to Trial by Military Commission—The Obnoxious Constitution Framed by the State Convention—How Its Worst Feature Was Nullified—Appointed Secretary of War.

In August, 1866, after my return from Europe, I was assigned to command the Department of the Potomac, which included the State of Virginia, then governed in part by the Freedmen's Bureau and in part by the provisional government which had been organized at Alexandria while the war was still in progress. The State had yet to obtain from Congress a recognition of its government, which recognition was understood to depend upon the ratification by the State legislature of the then pending Fourteenth Amendment to the Constitution of the United States. This subject was very fully discussed between me and the leading members of the legislature. I advised them to accept the proposed amendment as the only means of saving the State from the more "radical" reconstruction under act of Congress, which was then threatened. It was urged that Virginia would not suffer much from the operation of the Fourteenth Amendment, because of the general intelligence of her white population and their superiority in numbers over the negroes—advantages which some of the other Southern States did not enjoy; that if the Virginia legislature would ratify the pending amendment, Congress could not refuse to recognize the existing State government and make it permanent; and that Virginia would thus be restored at once to her full privileges as a State in the Union. I visited Washington, and obtained from leading Republicans in Congress the assurance, so far as it was in their power to give it, that such would be the result. On my return to Richmond, it at first seemed that the amendment would be speedily ratified. But other influences, understood to come from some source in Washington (probably President Johnson), finally prevailed; the amendment was rejected; and Virginia was thus doomed to undergo "congressional reconstruction" in company with her sister States.

RECONSTRUCTION IN VIRGINIA

The "policy" of President Johnson having resulted in an "irrepressible conflict" between him and Congress, finally culminating in his impeachment, the reconstruction of the States lately in insurrection was undertaken by Congress. First an act dated March 2, 1867, was passed for the military government of the "rebel States," and then another act, dated March 23, 1867, prescribing the conditions of organization of State governments preparatory to restoration to the Union; the last-named act was supplemented by the act dated July 19, 1867. All of these acts were passed over the President's veto. They provided for the assignment of military commanders in the several districts, with nearly absolute powers to govern those States and direct the steps in the process of reconstruction. It fell to my lot to command the First Military District, into which Virginia was converted by the act of Congress.

The terrible oppression of the Southern people embodied in those acts of Congress has hardly been appreciated by even the most enlightened and conservative people of the North. Only those who actually suffered the baneful effects of the unrestrained working of those laws can ever realize their full enormity. The radical Congress was not content to impose upon the Southern States impartial suffrage to whites and blacks alike. They were not content even to disfranchise the leading rebels, according to the terms of the Fourteenth Amendment to the Constitution. Even those would not be sufficient to put the Southern whites under the domination of their former slaves and of adventurers from the North, and thus to secure the radical supremacy in the reconstructed States. Hence another and an enormous stride was taken, with the purpose of putting those States under what became known as "carpet-bag" governments, so offensive as to be nearly intolerable even to their authors. That stride consisted in imposing the so-called "iron-clad oath" upon all officers, of whatever grade or character, in all the former Confederate States. That oath excluded from office not only all who had in any way taken active part in the rebellion, but even the most constant Union men of the South who had remained at home during the war; for not one of them had escaped "giving aid or comfort" in some way to those engaged in the rebellion. Even so conspicuous a loyalist as Judge Rives, afterward United States district judge, declared, after mature deliberation, that he could not take that oath, although his constant fidelity to the Union was known to all of Virginia.

I asked this noted Union man to accept the office of chief justice of the State, but he could not take the prescribed oath. He had permitted his boy, about to join the Confederate army, to take one of his horses rather than see him go afoot. Perhaps the judge was too conscientious. But it was the evil effect of the law to exclude the highly honorable and let the rascals in. Thus the Union could not have the benefit of Judge Rives's eminent services in the vital work of reconstruction, and some "carpet-bagger" had to take his place. And thus, although the acts of Congress permitted a majority of the whites to vote, their choice of officers was restricted to negroes and "carpet-baggers"! To these latter, therefore, was committed the entire work of organizing and administering the Southern State governments, which required the aid of the United States troops to support them, and which fell by their own weight the moment that support was withdrawn.

RECONSTRUCTION IN VIRGINIA

The manner in which I executed those "reconstruction" acts of Congress in Virginia, so as to save that State from the great evils suffered by sister States, is perhaps an instructive part of the history of that time. The following extracts from my orders and correspondence clearly show the constitutional principles upon which my administration was based. They also give the essential points in the history of Virginia reconstruction up to the time when the Convention had completed its work of framing a constitution. My "General Orders, No. 1," dated Richmond, Va., March 13, 1867, was as follows:

"I. In compliance with the order of the President, the undersigned hereby assumes command of the First District, State of Virginia, under the act of Congress of March 2, 1867.

"II. All officers under the existing provisional government of the State of Virginia will continue to perform the duties of their respective offices according to law, unless otherwise hereafter ordered in individual cases, until their successors shall be duly elected and qualified in accordance with the above-named act of Congress.

"III. It is desirable that the military power conferred by the before-mentioned act be exercised only so far as may be necessary to accomplish the objects for which that power was conferred, and the undersigned appeals to the people of Virginia, and especially to magistrates and other civil officers, to render the necessity for the exercise of this power as slight as possible, by strict obedience to the laws, and by impartial administration of justice to all classes. . . ."

On April 20 was issued "General Orders, No. 16":

"I. Temporary appointments to fill vacancies which may occur in county or city offices will, in general, be made upon the concurrent recommendations of the County Court or City Council and of the President of the Board of Registration ( 1) for the county or city.

"II. The several County Courts and City Councils are requested to confer with the Presidents of the Boards of Registration concerning such appointments, and to agree upon a suitable person to fill any vacancy that may occur.

"III. The President of the Board of Registration will forward to the assistant adjutant-general the recommendation of the court or council, with his own indorsement thereon.

"IV. When a County Court is not in session, a recommendation signed by five justices, including the presiding justice, will be received in lieu of the recommendation of the court.

"V. County and corporation officers appointed by the commanding general will be required to give the bonds required by law, and will be subject to indictment for malfeasance, misfeasance, or neglect of official duty, the same as if they had been elected by the people."

On May 28 was issued "General Orders, No. 31," in part as follows;

". . . IV. The military commissioners [officers of the army] will make a prompt report to these headquarters of each case of which they may take jurisdiction, and the disposition made of such case. Where parties are held for trial, either in confinement or under bail, such full statement will be made of the facts in each case as will enable the commanding general to decide whether the case shall be tried by a military commission or be brought before a civil court.

"V. Trial by the civil court will be preferred in all cases where there is satisfactory reason to believe that justice will be done. But until the orders of the commanding general are made known in any case, the paramount jurisdiction assumed by the military commissioner will be exclusive.

"VI. All persons, civil officers and others, are required to obey and execute the lawful orders of the military commissioners to the same extent as they are required by law to obey and execute writs issued by civil magistrates. Any person who shall disobey or resist the lawful orders or authority of a military commissioner shall be tried by a military commission, and upon conviction shall be punished by fine and imprisonment according to the nature and degree of the offense. . . .

"VII. This order will not be construed to excuse civil officers, in any degree, from the faithful discharge of their duties. It is intended to aid the civil authorities, and not to supersede them, except in cases of necessity."

NO RESORT TO TRIAL BY MILITARY COMMISSION

No case arose in Virginia in which it was found necessary, in my opinion, to supersede the civil authorities in the administration of justice. Not a single citizen of that State was tried by military commission. Yet some cases arose which well illustrate the fascinations of absolute power to those who desire the benefit of its exercise in its own interests. Some of the most prominent citizens of Virginia, men who had earnestly opposed the general policy of military government then in force, came to me to settle their petty differences summarily. They seemed much disappointed when I declined to adjudicate such cases, and informed them that they must be content with the slow process of trial before their own civil magistrates. Other orders were in