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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

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