Forty-Six Years in the Army by John McAllister Schofield (e ink ebook reader .txt) 📖

part as follows:

"Richmond, Va., July 26, 1867. ". . . III. The governor and other executive officers, the courts of law, and councils of cities are invited to recommend suitable persons for appointment to such offices as, under the existing laws of Virginia, are usually filled by their appointment or upon their nomination. . . ."

"Richmond, Va., August 8, 1867. ". . . VI. Military commissioners are reminded that they are to be 'governed in the discharge of their duties by the laws of Virginia, so far as the same are not in conflict with the laws of the United States, or orders issued from these headquarters,' and that they are not to supersede the civil authorities, except in cases of necessity. In such cases the action, or failure to act, of the civil officers should be fully reported, in order that the commanding general may hold them to a proper accountability for any neglect of duty. . . ."

THE OBNOXIOUS CONSTITUTION

Upon the adjournment of the State Convention, I sent the following letter to General Grant:

"Richmond, Va., April 18, 1868. "Dear General: In spite of every effort that could be made to prevent it, the Virginia Convention has adhered to its proscriptive measures, or rather to the most objectionable of them.

"After every other means had failed, I even went so far as to visit the Convention, and urge the repeal of the test oath. But what I said seemed not to have the slightest influence. I inclose a newspaper report, which is a pretty accurate one, of what I said, and which will show that I have at least done my duty in that regard, if not more.

"The same baneful influence that secured the election of a majority of ignorant blacks, and equally ignorant or unprincipled whites, to the Convention, has proved sufficient to hold them firmly to their original purpose. They could only hope to obtain office by disqualifying everybody in the State who is capable of discharging official duties, and all else to them was of comparatively slight influence. Even the question whether their Constitution will be ratified or rejected, the treat with indifference. Congress, they say, will make it right anyway. . . .

"Of course I may be mistaken, but my opinion is that the Constitution must be adopted. This would not be a serious matter if it (the Constitution) were a good one, and good officers could be elected under it. But it seems hardly possible that the Union party can organize upon a satisfactory basis for the election. The negroes and their associates will doubtless insist upon unqualified indorsement of the Constitution by their nominees. This the respectable whites will not give. Hence the late Convention will be reproduced in the legislature, a large majority being either worthless radicals, white and black, or bitter opponents of reconstruction upon the congressional plan. The danger is that we will have on our hands, not only one big elephant in the Constitution, but a host of little ones in the shape of officers-elect who are not fit to be installed—a prospect not very encouraging, at least.

"My impression is that the wisest course would be to let the thing fall and die where it is—not submit it to the people at all. We can then go on putting Union men in office and reorganizing the provisional government upon a loyal basis, until the friends of reconstruction get control of the State. Then a convention can be called which will frame a Constitution fit to be ratified by the people of the State and approved by Congress and the country at large.

"If Congress would give a little more latitude in the selection of officers, by modifying the test oath, there would be no difficulty in filling all the offices in the State with men who would aid restoration. Without some such change, the work of reorganization cannot be carried very far. The view of the question which I have given above is, of course, the local one; but it seems to me the national one leads to the same conclusion. I can't see how the indorsement of such a Constitution as this one, by the Republican party, can be otherwise than damaging to them in the North. Would it not be wise for Congress to say at once, We reject, once and for all, proscriptive constitutions?

"I have written this letter merely to suggest points that occur to me as worthy of very careful consideration. I suppose Congress alone can determine what is to be done.

"As explained in my official letter to-day, I feel bound to await the action of Congress before ordering an election. The nominating conventions of the two parties meet in Richmond on the 6th and 7th of May. Perhaps it may be best for Congress to await their action before determining the question. . . . "

The newspaper clipping inclosed in the above letter to General Grant was a report of the proceedings of the Convention which appeared in the "Richmond Dispatch" of April 18, 1868. Several other letters to General Grant, near the same time, explained the situation in detail.

As was to be expected, and in spite of any influence which the military commander could properly exert, that proposed Constitution, like those framed in the other States, perpetuated the worst features of the acts of Congress. It disqualified all the respectable whites from any active part in the government, leaving the negroes and "carpet-baggers" full sway. So sweeping was this disqualification that in many parts of the State not a native Virginian, white or black, could be found who could read or write, and who would be eligible for election or appointment to any office. In my great anxiety to save the State from so great an evil, I went to the hall of the Convention and explained the impossibility of organizing a government under such a Constitution, and besought the Convention to strike out the disqualifying clause. I was listened to with cold respect, my advice was disregarded, and promptly after my departure the Constitution was finally adopted, and the Convention adjourned sine die.

But the State was, nevertheless, saved from the impending disaster. The act of Congress required that the Constitution be submitted to the people for ratification or rejection; but Congress had failed to appropriate money to pay the expenses of an election. If an election was to be held, the money must be taken from the treasury of the State, by the order of the district commander, or else Congress must make a special appropriation for that purpose. I declined to sanction the use of the people's money for any such purpose, refused to order an election for ratification or rejection of the obnoxious Constitution, and referred the matter to Congress, with a recommendation that the people be authorized to vote separately on the disqualifying clause—a privilege which the Convention had denied.

HOW ITS WORST FEATURE WAS NULLIFIED

The radicals in Congress were so glad, apparently, of this mode of escape from a result so obnoxious to the better sense of the Union people at that time, that not a voice was raised in favor of the "carpet-bag" Constitution or in disapprobation of my action in regard to it. The instrument was permitted to rest quietly in the pigeonhole of the district commander's desk until the next year. Then an act was passed providing for submitting that Constitution to the people of Virginia, with the privilege of voting separately on the disfranchising clause, which clause they, of course, rejected. Thus Virginia was saved from the vile government and spoilation which cursed the other Southern States, and which the same radical Congress and its successors sustained until the decent public sentiment of the North would endure them no longer.

It is, perhaps, not too much to say that if the other district commanders had in like manner refused to make themselves parties to the spoilation of the people placed under their charge, Congress would have shrunk from the direct act of imposing upon them such obnoxious governments, and the country might have been saved the disgrace of the eight years of carpet-bag rule in the South. At least it is certain that a large proportion of the more moderate among the Republican majority in Congress at that time indulged the hope that respectable governments might be organized under the acts of Congress. But they made this difficult, if not impossible, when they gave their assent to the amendment of those acts, prepared by the extremest radicals, depriving the Southern whites of any active part in the organization of their governments. Impartial justice, as expressed in "impartial suffrage," might have led to tolerable results even in those States where the blacks were in the majority. But under a law which gave universal suffrage to the blacks and disfranchised the influential whites, any tolerable result was impossible unless under the administration of a man who had the independence and courage to disarm such a law of its poisonous sting. However this may be, it is certain that Virginia owes its escape from the sad fate of her sister States to the action of her district commander, who has abundant reason for the belief that the good people of that State fully appreciated the fact.

APPOINTED SECRETARY OF WAR

With this service to the people of Virginia, my duty in that State practically terminated. The impeachment trial of President Johnson had reached its crisis. It had become evident to those who were wise enough to discern the "signs of the times" that the Senate would probably not sustain the articles of impeachment by the necessary two-thirds majority. This would leave unsettled the quarrel between the President and Congress over the War Department, and that on the eve of an exciting Presidential election, in which several of the newly reconstructed States were expected to take part. In not one of these States was the new government able to stand alone or to preserve the peace within its borders. A firm and impartial administration of the War Department in the sole interest of peace and order during the coming contest was the one indispensable want of the country. Without that, a revival of civil strife seemed inevitable. Under these circumstances, I was urged to accept the office of Secretary of War, with the assurance that in this way the contest which endangered the peace of the country could be adjusted. I gave my consent, the nomination was promptly sent to the Senate, and that body, in spite of its very large majority in opposition to the President, confirmed the appointment with almost entire unanimity. The impeachment was dismissed, and that dangerous farce, which had come within one or two votes of inflicting lasting disgrace upon the country, happily came to an end.

Upon the inauguration of the newly elected President in March, 1869, I laid down the war portfolio without having incurred censure from either party for any of my official acts, and with the approbation of all for impartial discharge of duty. But, apparently lest such a thing might possibly happen again, Congress made haste to pass a law prohibiting any army officer from thereafter holding any civil office whatever! In 1895 that law was so modified as not to apply to officers on the retired list! It is a singular coincidence that I had just then been retired.

[( 1) The presidents of Boards of Registration were army officers detailed by me for that duty.]

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