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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

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