In August, 1886, after the pa.s.sage of a bill by Congress, General Fitz-John Porter was restored to the army, as colonel, by President Cleveland. When I was in the War Department in 1868, General Porter had come to me with a request that I would present his case to the President, and recommend that he be given a rehearing. I declined to do so, on the ground that, in my opinion, an impartial investigation and disposition of his case, whatever were its merits, could not be made until the pa.s.sions and prejudices begotten by the war had subsided much further than they had done at that time. In the course of conversation I told him that while I never permitted myself to form an opinion of any case without much more knowledge of it than I had of his, I presumed, from the finding of the court- martial, that he had at least been guilty of acting upon what he supposed to be his own better judgment under the circ.u.mstances he found to exist, instead of in strict obedience to General Pope's orders. He said that was not the case; that he had not even literally disobeyed orders; that in so far as he had acted upon his own judgment, he had loyally done all that could be done to carry out General Pope's wishes; and that all he wanted was an opportunity to prove such to be the facts. I replied that if he could prove what he stated beyond question, he would of course have a case worthy of consideration-not otherwise. Nothing was said in respect to the facts or the evidence in contravention of the judgment of the court-martial which tried him. Hence, beyond that above stated, I had no knowledge of his case when the board of review, of which I was president, met in 1878 to hear the new evidence; and I believe neither of the other members of the board -Generals A. H. Terry and George W. Getty-was any better informed.

The duty of the board was very different from that of a court- martial appointed to try an original case. The accused had already been tried and convicted. He was not to have a new trial. He could not have any benefit whatever of any doubt that might exist after all the evidence, old and new, had been fully considered. He must prove his innocence positively, by absolutely convincing evidence, or else the original judgment of the court-martial must stand. This view of the issue was fully accepted by General Porter and his counsel. This caused a new and peculiar duty to devolve upon the board-at least it was so to me; that is, to find, if possible, some view of all the evidence, or of all the facts established by the evidence, that could be regarded as consistent with the theory or supposition that Porter was guilty.

When the evidence was all in, the members of the board separated for several weeks to let each examine all the evidence and reach his own conclusion, to be presented in form at the next meeting of the board. I believe I devoted more earnest work to the examination and a.n.a.lysis than I had ever done to any one thing before in my life. I tried in succession every possible explanation of the established facts, in the effort to find some one consistent with the theory that Porter had been guilty of disobedience, as charged, or of any other military offense. But I could not find one, except the very patent one that he had sent despatches to Burnside which were by no means respectful to Pope; and the board expressed an opinion in condemnation of that, which Porter's counsel very frankly admitted to be just.

In the course of that long and earnest effort to find Porter guilty, -for that is what the effort was in effect,-the whole story of his conduct and of the operations of the two opposing armies and the actions of other prominent officers became so clear, and his honorable and soldierly conduct so absolutely demonstrated, that it was exceedingly difficult, in view of all the wrong he had suffered, to write a cold judicial statement of the facts. The first draft was toned down in many particulars in the effort to bring it within the strictest rules of judicial decisions. I have sometimes thought since that if the report of the board could have been much colder, it might have been better at first for Porter, though less just. But I do not think he or any of his companions and friends will ever feel like finding fault because the board could not entirely suppress the feelings produced by their discovery of the magnitude of the wrong that had been done to a gallant fellow- soldier.

GENERAL GRANT'S OPINION

The first time I met General Grant after the decision of the board was published was very soon after he had published in 1882 the result of his own investigation of the case. He at once introduced the subject, and talked about it for a long time in the most earnest manner that I ever heard him speak on any subject. He would not permit me to utter a single sentence until he had gone all over the case and showed me that he understood all its essential features as thoroughly as I did, and that his judgment was precisely the same as that which the board had reached. He intimated very decidedly that no impartial and intelligent military man could, in his opinion, possibly reach any other conclusion. The general evidently desired to make it perfectly clear that he had not adopted the opinion of a board of which I was a member, nor that of any one else; but that he had thoroughly mastered the case for himself, and formed his own judgment in regard to it. I take pleasure in recording the fact that he unquestionably had done it, and I never knew a man who could form more positive opinions, or one who could express them more convincingly, than General Grant.

The board was not called upon the express any opinion respecting the action of the court-martial upon the evidence before it, and it would have been manifestly improper to do so. Speaking for myself, and not for any other member of the board, I do not now hesitate to say that the finding and sentence of the general court- martial which tried General Fitz-John Porter were not justified by the evidence before that court. In my judgment, formed from long observation and much experience, the pa.s.sions of warfare often render the administration of justice impossible. A suggestion once made to me by a man in very high military authority, that a finding and sentence of court-martial rendered in time of war should be regarded as res adjudicata, produced in my mind the painful impression that a very great man did not find the word "justice" anywhere in his vocabulary; and I watched for many years the conversation and writings and public speeches of that man without finding that he ever made use of that word, or ever gave as a reason for doing or not doing anything that it would be just or unjust. In his mind, whatever might have happened to any person was simply a matter of good or bad fortune which did not concern him. He refused even to consider the question whether injustice had or had not been done, or whether the operation of a law was not relatively unjust to some as compared to others. When to such natural character and habits of thought are added the stern necessities of war as viewed by a commander and many other officers, what possible chance of justice can be left to an unfortunate man?

It is true that even if the life of an innocent man may have been sacrificed under the stern necessities of discipline, that is no more than thousands of his fellow-soldiers have suffered because of the crimes and follies of politicians who brought on the war. But that is no reason why his memory as well as those of his comrades should not be finally honored, if it can be proved that, after all, he also was innocent and brave.

In my opinion, no government can be regarded as just to its army unless it provides, under appropriate conditions, for the rehearing of cases that may be tried by court-martial in time of war. Perhaps it may most wisely be left for the President and Congress to inst.i.tute appropriate action in each individual case. That is a matter for mature consideration. My only desire is to suggest the necessity for some such action, whenever reasonable grounds for it may be presented. I have no respect for the suggestions sometimes urged that labor and expense are sufficient grounds for failure to secure justice to every citizen or soldier of the republic, whether at home or abroad.

SENATOR LOGAN'S EXPLANATION

Soon after General Logan's last election to the Senate, I had a very interesting and unreserved conversation with him, at his house in Chicago, in respect to his action in the Porter case. He spoke of it with evident candor, acknowledged that his view of the case was probably wrong, and as if to excuse his mistake, volunteered an explanation as to how he came to take that view of it. He told me that when he found that the case might probably come before Congress, he wanted to prepare himself in advance as far as possible to deal with it justly, and to defend the right effectively. Hence he went to General Grant to obtain the best possible view of the military questions involved. General Grant gave him the theory of the military situation and of the operations of the opposing armies, as well as that of Porter's own conduct, which had been presented to, and evidently accepted by, the court-martial, as presenting the true merits of the case. General Logan accepted that theory as unquestionably correct, and bent all his energies to the construction of unanswerable arguments in support of Porter's condemnation.

At that time neither General Grant nor General Logan knew anything of the new evidence which was afterward submitted to the board of review. Logan's powerful arguments in the Senate were based upon the preconceived idea of the case, supported by such part of the new evidence, as well as of the old, as could be made to support that view. In reply to my statement that he had unquestionably been led astray, he said that that was quite probable, but that Grant was responsible, and that it was then too late to change. I do not think that anybody will now hesitate to say that General Grant's view of his duty in respect to this last point was the more to be commended. But the fact I wish to record is that of Logan's sincerity in the great efforts he had made to convict Porter on the floor of the Senate, and his explanation of the way in which he had been led into the greatest possible error. It suggests the reflection that even a senator of the United States might better form his own opinions rather than adopt those even of the highest authority, when the only question involved is one of justice, and not one of public policy, in which latter case differences of opinion must of necessity be reconciled for the purpose of securing unity of action.

As an ill.u.s.tration of the necessity for an absolutely impartial review of cases which have involved the pa.s.sions of war, reference must be made to the action of one member of the Porter court-martial who made it generally understood that his individual opinion supported the finding of that court. He went so far as to make inquiries whether precedents could be found in American or English history to sustain a member of a court-martial in publicly defending the finding of that court, notwithstanding the oath of secrecy imposed by law upon every member. And this same member of the court was furnished by a very able lawyer with an argument in support of the findings of the court, based upon a review of the evidence submitted to the subsequent board, as if that member of the court might make public use of that argument as his own.

CHAPTER XXVI The Death of General Sheridan-His Successor in Command of the Army -Deplorable Condition of the War Department at the Time-A Better Understanding Between the Department and the Army Commander-General Sheridan's Humiliating Experience-The Granting of Medals-The Secretary's Call-Bell-The Relations of Secretary and General- Views Submitted to President Cleveland-The Law Fixing Retirement for Age-An Anecdote of General Grant.

Again, in 1888, only two years after Hanc.o.c.k's death, another of our most gallant companions, the matchless Sheridan, was suddenly stricken down, and soon pa.s.sed away, before the expiration of half the term allotted for his command of the army. As next in rank, upon the request of the general's family and upon the order of the Secretary of War it became my duty to arrange and conduct the military ceremonies at the funeral.

We buried our companion in beautiful Arlington, the choicest spot in America for the last resting-place of a soldier. It was a bright summer's day, and the funeral ceremonies, both religious and military, were the most impressive I have ever seen. As a special tribute of respect to my brother soldier, a staff officer in uniform was sent to meet and escort the archbishop who came to celebrate the funeral ma.s.s.

The death of General Sheridan placed me in a position which I had never antic.i.p.ated-that of senior officer on the active list of the army. The President had known little of me either officially or personally, and I had some grave differences with the Secretary of War upon subjects of great importance in my estimation, though doubtless less in his. I had defended as well as I could, and with some persistence, what I then believed and now know was the right, but had been worsted, as a matter of course. It is due to the Honorable Secretary to say that he disclaimed, many months later, ever having knowingly given his sanction to the doc.u.ment announcing one of the military doctrines which I had so persistently but ineffectually combated. But I did not know that in August, 1888, and he did not then know that he had been thus betrayed. Hence I thought it quite improbable that a general holding opinions so radically opposed to those of the Secretary of War would be called to the command of the army. But I quietly waited in Washington for the President's orders, neither seeking nor receiving any opportunity for explanation of the supposed irreconcilable difference with the Secretary of War. What occurred in that secret council- chamber of the commander-in-chief, where the fate of so many anxious soldiers has been sealed, I have never known or inquired; but in no great length of time came the President's order a.s.signing me to the command of the army,-six or seven hours, as I afterward learned, after it was received in the War Department and given to the press.

DEPLORABLE CONDITION OF THE WAR DEPARTMENT

It is not too much to say that the condition of the War Department at that time was deplorable. It was the culmination of the controversy respecting the relations between the administration and the command which had lasted, with slight intermissions, for forty years. It is not my purpose to go into the history of that long controversy, but only to state briefly its final result, part of which was perhaps due to General Sheridan's extreme illness for some time before his death, and his retention in nominal command and in the nominal administration of military justice long after it had become impossible for him to discharge such duties intelligently. But that result had been practically reached a long time before General Sheridan became seriously ill. He had long ceased, as General Sherman and General Scott had before him, not only to command, but to exercise any appreciable influence in respect to either the command or the administration. The only difference was that General Scott went to New York and General Sherman to St. Louis, while General Sheridan stayed in Washington.

I have always understood, but do not know the fact, that in former times the Secretary of War had exercised some intelligent control over military affairs, so that there was at least unity in the exercise of military authority. But in 1888 even that had ceased, and it had been boldly announced some time before that each departmental chief of staff, in his own sphere, was clothed with all the authority of the Secretary of War. All that a major-general as well as an officer of lower grade had to do was to execute such orders as he might receive from the brigadiers at the head of the several bureaus in Washington. It was not even necessary for those mighty chiefs to say that their mandates had the sanction of any higher authority. Their own fiat was all-sufficient for a mere soldier of the line or for his commanding general, of whatever grade of rank or of command. It is not strange that the Secretary was finally unable to admit that he, great lawyer as he was, could possibly have given his sanction to such an interpretation of the law as that; but the decision was given by his order, and it governed the army for a long time. Of course the adjutant-general became by far the chiefest of those many chiefs; for it is his function to issue to the army all the orders of both the Secretary of War and the commanding general. Be it said to his credit that he did not a.s.sume to issue orders in his own name, after the manner of other chiefs. Like a sensible man, he was content with the actual exercise of power, without caring to let the army know that he did it. He had only to use the name of the Secretary or the general, as he pleased; either would answer with the army. Of course I knew something of this before I went to Washington, for the evidence of it was sometimes too plain to be ignored. Yet it did seem to me pa.s.sing strange to sit in my office about noon, where I had been all the day before, and learn from the New York papers what orders I had issued on that previous day! Upon inquiry I was told that that was only a matter of routine, and a rule of long standing. But I mildly indicated that such a practice did not meet my approval, and that I wished it changed, which was finally done, as explained in a previous chapter. But even then I had no means of knowing whether an order sent to me in the name of the Secretary of War had ever been seen by him, or whether it was the work of the adjutant- general, or the product of some joint operations of two or more of the several chiefs, each of whom had the Secretary's authority to do such things. At length the Secretary, though with evidently serious misgivings respecting some deep ulterior purpose of mine, consented that I might have an officer of the adjutant-general's department, whom I knew, in my own office, to keep me informed of what I was to do, and, if possible, what orders I might actually receive from the Secretary himself, and what from the several other heads of that hydra called the War Department.

A BETTER UNDERSTANDING

After that change things went on much better; but it was at best only an armed truce, with everybody on guard, until the end of that administration, and then it came very near culminating in a pitched battle at the very beginning of the next. By what seemed at the time a very sharp trick, but which may possibly have been only the natural working of the vicious system, I was made to appear to the new Secretary of War as having failed promptly to give effect to an order authorized by his predecessor, but on which no authentic marks of his authority appeared, only such as might indicate that it came from another source. But if it was a trick, it signally failed. A few candid words from one soldier to another, even if that other had not been a solider all his life, were quite sufficient to dissipate that little cloud which at first had threatened a storm. Then sunlight began to appear; and when, in due time, by the operation of some natural laws, and some others happily enacted by Congress, certain necessary changes came about, the sky over the War Department became almost cloudless, and I trust it may never again be darkened as it had been nearly all the time for forty years.

General Sheridan had entered upon his duties with all the soldierly courage and confidence of his nature, declaring his purpose to regain the ground lost by General Sherman when, to use Sheridan's own expressive words, "Sherman threw up the sponge." He announced his interpretation of the President's order a.s.signing him to the "command of the army" as necessarily including all the army, not excepting the chiefs of the staff departments; and he soon gave evidence of his faith by ordering one of those chiefs on an inspecting tour, or something of that kind, without the knowledge of the Secretary of War. Thus the Secretary found the chief of one of the bureaus of his department gone without his authority, he knew not where. It was not difficult for the Secretary to point out to the general, as he did in writing, in a firm, though kind and confidential way, that such could not possibly be the true meaning of the President's order. No attempt appears to have been made to discuss the subject further, or to find any ground broad enough for both Secretary and general to stand upon. Nothing further appears to have been said or done on that subject during that administration. But upon the inauguration of the next, the Secretary of War sent out to all the commanding generals of the army copies of that letter of his predecessor, in which the general-in-chief had been so mildly and respectfully, yet so thoroughly, beaten. The army was thus given to understand on that occasion that their senior in command had not even been given a chance to "throw up the sponge," as his predecessor had done, but had been "knocked out" by the first blow.

GENERAL SHERIDAN'S HUMILIATING EXPERIENCE

As if that was not humiliation enough for a great soldier to bear, whenever the Secretary went away one of the same chiefs of bureaus that the general thought he had a right to command acted as Secretary of War, to dominate over him! But the loyal, subordinate soldier who had commanded great armies and achieved magnificent victories in the field while those bureau chiefs were purveying powder and b.a.l.l.s, or pork and beans, submitted even to that without a murmur, for a great lawyer had told him that such was the law, and how could he know any better? It was only when the adjutant-general, his own staff-officer, so made by the regulations which the general knew, was thus appointed over him, that his soldierly spirit rebelled. The humblest soldier of a republic could not endure that. All this was based upon the theory that the general of the army was not an officer of the War Department, and hence could not be appointed acting Secretary of War. What other great department of the government could recognize the standing army as belonging to it, if not the Department of War? Surely the little army had a hard time while it was thus turned out into the cold, not even its chief recognized as belonging to any department of the government of the country which they were all sworn to serve, but subject to the orders of any bureau officer who happened to be the senior in Washington in hot summer weather, when nearly all had gone to the mountains or the sea?

That same great lawyer announced in my hearing, very soon after his accession to power, in response to a suggestion that war service was ent.i.tled to weight in appointments and promotions, that in his judgment "that book was closed." Could any one of the million of soldiers still living, and the many more millions of patriots who are always alive in our country, be expected to support such a policy as that? In my opinion, that one short speech cost the national administration more than a million of votes. Soldiers don't say much through the press, but they quietly talk things over around their campfires. And I hope many generations will pa.s.s away before they and their sons will cause thus to keep alive the fires of patriotism kindled by the great struggle for American Union.

Thank G.o.d, that "law" did not last many years. There was great rejoicing throughout the little army when it was again recognized as belonging to the Department of War. But that cause of rejoicing was soon beclouded. By another of those inscrutable dispensations of Providence, another superior, under the t.i.tle of a.s.sistant Secretary of War, was interposed between the commander-in-chief of the army and the general appointed to a.s.sist him in the command. It had been thought, and so stated in writing, that the major- general commanding, and the ten heads of staff departments and bureaus, with their many a.s.sistants, all educated men of long experience in the several departments of military affairs, and some of them tried in war, might give the Secretary all the a.s.sistance he needed, if they were permitted to do it. But no; it appears to have been thought that some other, who had had no education or experience in the affairs of the War Department, could better a.s.sist a Secretary who to similar acquired qualifications for his office added far greater natural endowments and the just confidence of his country. Thus the major-general was treated as much worse than the lieutenant-general had been, as he was inferior to him in rank. But I also submitted without a word, because it was this time unquestionably the law as well as the will of my lawful superiors in office. I waited as patiently as I could, as the lieutenant- general had done, the time when by operation of law, human or divine, welcome relief from a burdensome duty would come, upon the official declaration that I had done, as best I could, all the duty that G.o.d and my country required of me.

THE GRANTING OF MEDALS

One ill.u.s.tration will suffice to show the working of this new invention by which the general-in-chief was still further removed from the commander-in-chief, whose chief military adviser he was supposed to be. An act of Congress authorized the President to confer medals of honor upon soldiers of all grades who might be most distinguished for bravery in action. It is the most highly prized of all military rewards because given to the soldier, without regard to rank, for that service which every true soldier regards as of the greatest merit. The standard of merit deserving that reward is essentially the same in all the armies of the civilized world, and the medal is made of iron or bronze, instead of anything more glittering or precious, to indicate the character of the deed it commemorates. That standard of merit is the most heroic devotion in the discharge of soldierly duty in the face of the enemy, that conduct which brings victory, honor, and glory to the country for which a brave man has devoted his life in obedience to the orders which have come down to him from the head of the nation, which spirit of obedience and devotion creates armies and saves nations from defeat, disaster, or domestic convulsion. These highest tokens of a nation's honor had for many years been given with the greatest care, after most rigid scrutiny of the official records and all other evidence presented, laboriously reviewed by the general-in-chief in person, recommended by him under the universal rule of civilized nations, and approved by the Secretary of War, whose approval is considered equivalent to the order of the President, by which alone, under the law, a medal of honor can be granted. But at length these carefully considered recommendations were disapproved by the a.s.sistant Secretary of War, on the ground that the soldier had only done his duty! He had only done, or heroically tried to do until stricken down by the enemy's fire, what his commander had ordered! Some other standard of soldierly honor was set up, not involving obedience to orders nor discharge of duty, but instead of that some act of each soldier's own volition, as if what a nation most highly honored was independent action of each one of its million of soldiers, without any special regard to the orders of the commander-in-chief or any of his subordinate commanders! Thus the most dearly bought honor of a citizen of this great republic, intrusted by Congress to the commander-in-chief of the army, to be duly awarded to his subordinates, pa.s.sed into the hands of an a.s.sistant Secretary of War, to be awarded by him under his own newly invented theory of soldierly merit! After a laborious but vain attempt to obtain recognition of the time-honored standard of soldierly honor and merit, the general-in-chief was forced to admit that the new standard set up by the a.s.sistant Secretary of War did not afford him any intelligible guide by which he could be governed in making his recommendations, and hence he requested to be relieved by the Secretary of War from consideration of such cases in future, presuming that the vital question would thus, as a matter of course, receive the personal consideration of the Secretary. The formal action of the "Secretary of War," relieving the general from that important duty involving the honor of those under his command, was very promptly made known to him. But now there is very good reason for the belief that the honorable and very worthy Secretary knew nothing at all of the whole transaction!

It was my good fortune to have had, by close personal a.s.sociation, exact knowledge of the difficulties which my predecessors had encountered, as well as, perhaps, a more modest ambition, and hence to avoid some of those difficulties. Yet in view of the past experience of all commanders of the army, from that of George Washington with the Continental Congress down to the present time, I advise all my young brother soldiers to limit their ambition to the command of the Division of the Atlantic or Department of the East. But since some of them must in all probability be required to discharge the duties of the higher position, I trust the varied experiences of their predecessors may serve as some help to them in the discharge of those duties, which are vastly more difficult and far less agreeable than any other duties of an American soldier. They are the duties which most closely concern the subordinate relation of the military to the civil power in a republic. In that relation I had the great good fortune to enjoy most cordial and considerate personal treatment on the part of my distinguished a.s.sociates representing the civil power. Hence my advice to my young military friends may be fairly regarded as based upon the most favorable view of what any of them may reasonably expect. It is the one position of all in the army which most severely tries the spirit of subordination which is so indispensable in a soldier of a republic. I have not thought it surprising that none of my great predecessors were quite able to endure the trial.

THE SECRETARY'S CALL-BELL

It is there where the polished surfaces of military etiquette and modern methods come in contact with the rough cast-iron of those which often prevail in civil administration, and the former get badly scratched. Military rules are invariable, with rare exceptions understood and observed by all, while civil practice varies according to the character and habits of the chief in authority, from those of the ill.u.s.trious Stanton, now well known in history,( 1) to the opposite extreme of refined courtesy. Long observation and experience have led to the belief that such rasping of feelings, too sensitive perhaps, even more than substantial difference, has often been the cause of discord. A single example may suffice to ill.u.s.trate what is meant. In the arrangements of the room especially designed for the office of the Secretary of War in the splendid new State, War, and Navy Departments building, was a great table-desk on which was a complete system of electric b.u.t.tons connected with wires leading to bells in all the princ.i.p.al offices in the department, the b.u.t.tons bearing the t.i.tles of the officers at the head of the several bureaus, etc., so that the Secretary could "ring up" any colonel, brigadier-general, or major-general whom he wished to see, just as a gentleman in private life does his coachman, butler, or valet. To an army officer who had for many years, in lower grades, been accustomed to the invariable formula, delivered by a well-dressed soldier standing at "attention" and respectfully saluting, "The commanding officer sends his compliments to Captain B--, and wishes to see the captain at headquarters," the tinkling of that soft little bell must have sounded harsh indeed after he had attained the rank of brigadier-general. Twice only, I believe, my own old soldier messenger who attended in the room where the telephone and bells were located, came to my room, with an indescribable expression on his face, and said, "The bell from the Secretary's office is ringing!" I replied, "Indeed? Go up and inquire what it means." Presently the Secretary's own messenger appeared, and delivered a message in courteous terms-whether the same the Secretary had given to him I did not know, but had reason to doubt, for I had seen and heard the Secretary violently ring a certain bell several times, and then say with great emphasis to his messenger, "Go and tell -- to come here," not even using the high military t.i.tle by which "--" was habitually addressed in the War Department. But those uncivil methods of an imperfect civilization are gradually pa.s.sing away, and the more refined courtesies, taught, I believe, in all our great schools as well as in the military and naval service, are taking their place. It is now a long time since that reform was practically complete in the War Department.

THE RELATIONS OF SECRETARY AND GENERAL

Thus it appeared, when I went into the office in 1888, that of my predecessors in command of the army, Scott and Sherman had given up the contest, Sheridan had been put quickly hors de combat, while Grant alone had won the fight, and that after a long contest, involving several issues, in which a Secretary of War was finally removed from office with the consent of his own personal and political friends, a President was impeached and escaped removal from office by only one vote, and the country was brought to the verge of another civil war. As I had helped Evarts, Seward, and some others whose names I never knew, to "pour oil on the troubled waters" in the time of Grant and Stanton, and to get everybody into the humor to respond heartily to that great aspiration, "Let us have peace," I thought perhaps I might do something in the same direction in later years. Be that as it might, I had no desire to try again what so many others had failed to accomplish, but thought it better to make an experiment with a less ambitious plan of my own, which I had worked out while trying to champion the ideas entertained by all my predecessors. At the request of General Grant and General Sherman, when the one was President and the other general of the army, I studied the subject as thoroughly as I was capable of doing, and formulated a regulation intended to define the relations between the Secretary of War, the general of the army, and the staff departments. I still think that plan of my great superiors, only formulated by me, would have worked quite satisfactorily if it could have had general and cordial support. Yet I do not think it was based upon the soundest view of the const.i.tutional obligations of the President as commander-in-chief of the army, nor at all consistent with the practice in this country of giving the command of the army to the officer happening to be senior in rank, without regard to the "special trust and confidence" reposed in him by the President for the time being. It was based too much upon the special conditions then existing, wherein the general of the army, no less than the Secretary of War, enjoyed the confidence of the President in the highest degree. The plan proposed to give far too great authority to the general, if he did not, for whatever reason, enjoy the full confidence of the President. It also trusted too much to the ability and disinterested fidelity of the several chiefs of the staff departments. In short, it was based upon a supposed higher degree of administrative virtue than always exists even in this country.

However all this may be, the proposed regulation did not meet with cordial support, so far as I know, from any but General Grant, General Sherman, and General M. C. Meigs, then quartermaster-general. The other bureau chiefs earnestly opposed it. It was near the end of General Grant's second term, and no effort was made, so far as I know, to adopt any regulation on the subject in the next or any succeeding administration. The personal controversy between General Scott and the Secretary of War many years before had resulted in the repeal, through revision, of the old and quite satisfactory regulation on the subject, and no other worthy of the name has ever been adopted in its place.

Soon after I was a.s.signed to the command of the army I submitted, in writing, to President Cleveland my own mature views on the subject. They received some favorable consideration, but no formal action, in view of the near approach of the end of his first term. From that time till near the present the paper was in the personal custody of the Secretary of War. What consideration, if any, it ever received, I was never informed. But it was the guide of my own action, at least, while I was in command of the army. It is now on file in the War Department. It is to be hoped that some future military and administrative geniuses, superior to any of the last hundred years, may be able to solve that difficult problem. I can only say that my own plan worked well enough so long as I helped to work it. How it may be with anybody else, either under my plan or some other, only the future can determine. I so far succeeded that the most intelligent staff officers used to say, "For the first time the general actually does command the army." They saw only the results, without exactly perceiving the nature of the motive-power.

The way to success in rendering efficient public service does not lie through any a.s.sumption of the authority which the nation may have given to another, even if not most wisely, but rather in zealous, faithful, and subordinate efforts to a.s.sist that other in doing what the country has imposed upon him.

THE LAW FIXING RETIREMENT FOR AGE

A soldier may honorably crave, as the dearest object of his life, recognition of his past services by promotion to a higher grade. That is his one reward for all he may have done. But the desire for higher command, greater power, and more unrestrained authority exhibits ambition inconsistent with due military subordination and good citizenship. It is a dangerous ambition in a republic. The highest examples of patriotism ever shown in this country have been in the voluntary surrender of power into the hands of the people or of their chosen representatives, not in efforts to increase or prolong that power. Following those highest examples, in the year 1882 all the senior officers of the army, including Sherman, Sheridan, and Hanc.o.c.k, united in advocating the measure then pending in Congress, to fix a limit of age when every officer should relinquish command and return to the ranks of private citizenship. In doing so, nearly all of those seniors, especially Hanc.o.c.k, relinquished forever all hope of rising to the command of the army. My case was not so strong as that of Hanc.o.c.k, because I was younger. But Sheridan was only six months older than I, and his "expectation of life" was far beyond the time when I should become sixty-four years old. Hence I cheerfully relinquished in 1882 any reasonable ambition I may ever have had to command the army. My ultimate succession to that command in 1888 was, like all other important events in my personal career, unsought and unexpected. Hence whatever I did from 1888 to 1895 was only a little "extra duty," and I have had no reason to find fault on account of the "extra- duty pay" which I received, though none of it was in money. I am inclined to think it a pretty good rule for a soldier to wait until he is "detailed," and not to try to put himself "on guard." I do not know any case in American history where the opposite course has not resulted in irretrievable injury to him who adopted it. Temporary success in gaining high position, before education and experience have given the necessary qualifications, necessarily results finally in failure; while slower advancement, giving full opportunities for education and experience in the duties of each grade, insures full qualification for the next higher. American history is full of such examples, as it is-alas! too truly-of those cases where the highest qualifications and most becoming modesty have not met with any appropriate advancement or other recognition.

AN ANECDOTE OF GENERAL GRANT

In the official intercourse of a soldier with the great departments of government, he often finds useful those maxims which have served him as commander of an army in the field. The most important of these is, not to enter a combat where he is sure to be beaten, as, for instance, where his opponent is the judge who is to decide the issue. As in war, so in administration, battle once joined, questions of right become obscured. The most powerful guns and battalions are sure to win. It is much wiser to seek an ally who carries a heavier armament. Some subordinates of mine-clerks and messengers, I believe-were once required to refund some money which had been paid them on my interpretation of the law and regulations. My careful explanation of the ground of my action was promptly disapproved. I then requested that the money be charged to me and the whole matter referred to Congress, in reply to which request I was informed that the accounts had been settled. In another case I requested that my appeal from adverse action be submitted to President Grant, who had had occasion to know something about me. I was requested by telegraph, in cipher, to withdraw that appeal, as it was liable to cause trouble. Being a lover of peace rather than war, I complied. In that perhaps I made a mistake. If I had adhered to my appeal, it might have saved a public impeachment. Again, I was called upon by one of the Treasury bureaus to refund some money which had been paid me for mileage by the Secretary of War, on the alleged ground that the Secretary could not lawfully give me such an order. I referred the matter to the Secretary, as one that did not concern me personally, but which involved the dignity of the head of the War Department as compared with that of a subordinate bureau of another department. The Treasury official soon notified me that the account had been allowed. To ill.u.s.trate the application of the same principle under opposite conditions, I must relate the story told of President Grant. When informed by a Treasury officer that he could not find any law to justify what the President had desired to be done, he replied, "Then I will see if I can find a Treasury officer who can find that law." Of course no change in the inc.u.mbent of that office proved to be necessary. I have thought in several cases in later years that Grant's military method might have been tried to advantage.

"Be ye wise as a serpent and harmless as a dove" is the only rule of action I have ever heard of that can steer a soldier clear of trouble with the civil powers of this great republic. Yet he must sometimes, when his honor or the rights of his subordinates are involved, make the fight, though he knows he must be beaten. A soldier must then stand by his guns as long as he can, and it has happened that such a fight, apparently hopeless at the time, has given victory to a future generation.

[( 1) Sherman's "Memoirs," second edition, Vol. II, p. 422.]

CHAPTER XXVII President of the New Board of Ordnance and Fortifications-Usefulness of the Board-Troubles with the Sioux Indians in 1890-1891-Success of the Plan to Employ Indians as Soldiers-Marriage to Miss Kilbourne-The Difficulty with Chili in 1892.

Even as late as the year 1882, very high military authority in this country advocated with great earnestness the proposition that our old brick and stone forts, with their smooth-bore guns, could make a successful defense against a modern iron-clad fleet! At the same time, and even much later, high naval authority maintained that the United States navy should be relied upon for the defense of our many thousands of miles of sea-coast! In view of such counsel, it does not seem strange that Congress, after all the old ships had nearly all rotted away, began to give some attention to a new navy, but thought little or nothing of land defenses. The old brick and stone parapets and the cast-iron guns were still there; none of them had become rotten, though the wooden carriages had gone to decay, and the guns were lying on the ground! Yet, after a long dream of security, the Great National Council announced the decision that something ought probably to be done for sea- coast defense. Provision was made by law for a very high board, with the Secretary of War presiding, to report to Congress what was required-a thing which, if Congress had only known it, the Engineer Bureau of the War Department could have reported just as well in far less time. But a length a very able report was submitted, which inspired the confidence of Congress.

BOARD OF ORDNANCE AND FORTIFICATION

In the meantime there had arisen a condition which can best be expressed as "want of confidence" in the chief of the Ordnance Department of the army on the part of committees of Congress. From this it resulted that no appropriations were made for several years for any new armament, and hence none for fortifications. Thus by a trifle were the wheels of a great government blocked for a long time! Yet that government still survives! Finally, in the year 1888 an act was pa.s.sed creating a Board of Ordnance and Fortifications, of which the commanding general of the army should be president, and appropriating quite a large sum of money to be expended, under the direct supervision of that board, to commence the work of fortification and armament of the sea-coast. After a very careful examination and full consideration and discussion, the board adopted the plans prepared by the Bureaus of Engineering and Ordnance, and the work was began and carried forward substantially the same as if the expenditure of the appropriation had been intrusted to the two bureaus concerned and the Secretary of War.

The board did perform, and still continues to perform, a very important and essential duty, and one which cannot be satisfactorily intrusted to any one man, namely, that of deciding the delicate and difficult questions constantly arising in respect to the practical utility and economy of new inventions having reference to works of defense or of attack. But these questions had no immediate bearing whatever upon the all-important problem of the day-to place the sea-coasts of the United States in a satisfactory state of defense according to the best scientific methods then known to the world. And that problem had already been solved, in all respects save one, namely, how to get out of Congress the necessary money to do the work? Genius will never cease to invent something better. If we are to wait for the best, the next war will be over long before we shall begin to prepare for it. All great military nations had been engaged for many years in elaborate and costly experiments, to develop the best possible means of attack and defense, and our Engineer and Ordnance departments had not failed to profit thereby to the fullest extent. They were ready, without any such costly experiments, to make our defenses as good as any in the world. Yet that work of so vital importance must be delayed until American genius could also be a.s.sured of a chance, at government expense, of developing something better than anybody else in the world had done! An end was finally, in 1888, put to that dangerous delay by the device, so happily invented by somebody in Congress, of a Board of Ordnance and Fortification.

USEFULNESS OF THE BOARD

The board has also served, and will doubtless continue to serve, another very important purpose. It brings together, in close consideration and discussion of all details of the system of national defense, representative officers of the engineers, the ordnance, and the artillery, together with a representative civilian who has become, by service in Congress, far better able than any other member to insure that perfect understanding between the board and the committees of Congress which is essential to harmonious action. Above all, it has given to the commanding general an opportunity to become perfectly familiar with all the details of the coast defenses, and to exert a legitimate influence in making preparations for war, which must be of vital importance to him and to the country when he has to bear the great responsibility of command. I used to say that it would not be just to me to deprive me of such opportunities for education, and I doubt not all my successors will share that feeling. Thus, what may prove to be of the greatest benefit to the military service has finally come out of that evil of "want of confidence" in an ordnance chief.