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land, you will take immediate steps for carrying day forwarded. In my opinion the great num. them into execution. There are now six or eight ber of murders of Union men and freedmen in companies of infantry ready organized in New Texas, not only as a rule unpunished, but uninYork that have been ordered to Baltimore, on vestigated, constitute practically a state of intheir way to their regiments here in Washington surrection, and believing it to be the province and in Virginia. Either visit Baltimore or send and duty of every good government to afford a staff officer there to stop these troops at Fort protection to the lives, liberty, and property of McHenry until further orders. Also hold one of her citizens, I would recommend the declaration the infantry regiments on duty in this city in of martial law in Texas to secure these ends. readiness to move at a moment's notice. By The necessity for governing any portion of having cars ready to take a regiment all at once, our territory by martial law is to be deploreri. they will be practically as near Baltimore here If resorted to, it should be limited in its an. as if in camp a few miles from that city. These thority, and should leave all local authorities are all the instructions deemed necessary in ad- and civil tribunals free and unobstructed, until vance of troops being legally called out to sup- they prove their inefficiency or unwillingness to press insurrection or invasion. Having the perform their duties. greatest confidence, however, in your judgment Martial law would give security, or comparaand discretion, I wish you to go to Baltimore in tively so, to all classes of citizens, without reperson and to remain there until the threatened gard to race, color, or political opinions, and difficulties have passed over. Proper discretion could be continued until society was capable of will no doubt go further towards preventing protecting itself, or until the State is returned to conflict than force. U.S. GRANT, its full relation with the Union.
General. The application of martial law to one of these P. S.-The orders referred to have not as yet States would be a warning to all, and, if necesbeen received. When received they will be for-sary, could be extended to others. warded to your address, which you will please
U. S. Grant, General. communicate.
No action was had by the civil authorities November 3—A copy of the President's in- upon the foregoing recommendation. structions was sent to General Canby.
November 5—General Grant reported as follows:
General Grant's Testimony before the House HEADQ'RS ARMIES OF THE UNITED STATES, Committee on the Judiciary, July 18, 1867.
BALTIMORE, MD., November 5, 1866. | By Mr. Eldridge: Q. At what time were you Secretary STANTON,
made general of the army by your present title? Washington, D. C.
A. In July, 1866. This morning collision looked almost inevita- Q. Did you after that time have interviews ble. Wiser counsels now seem to prevail, and I with the President in reference to the condition think there is strong hope that no riot will occur. l of affairs in the rebel States ? A. I have seen Propositions looking co the harmonizing of par. the President very frequently on the subject, ties are now pending. U. S. GRANT, and have heard him express his views very fre
General. I quently; but I cannot call to mind any special General Grant on Martial Law in Texas.
interview. I have been called to cabinet meetHEADQUARTERS ARVIES UNITED STATES, I
|ings a number of times. January 29, 1867.
I Q. With reference to those matters ? A. GenRespectfully forwarded to the Secretary of
ferally, when I was asked to be at a cabinet mect
the ling, it was because some question was up in War.* Attention is invited to that part of the within communication which refers to the con
no which, as General of the army, I would be interdition of Union men and freedmen in Texas, and to the powerlessness of the military in the pres
Q. Did you have any interviews with him on ent state of affairs to afford them protection.
the subject of granting amnesty or pardon to Even the moral effect of the presence of troops
the officers of the Confederate army, or to the
of people of those States ? A. Not that I am is passing away, and a few days ago a squad of soldiers on duty was fired on by citizens in
aware of. I have occasionally recommended a Brownsville, Texas; a report of which is this
person for amnesty. I do not recollect any
special interview that I have had on the subject. * This is the report referred to:
I recollect speaking to him once or twice about
the time that he issued his proclamation. I HEADQUARTERS DEPARTMENT OF THE GULF,
NEW ORLEANS, La., January 25, 1867. thought myself at that time that there was no GENERAL: The condition of freedmen and Union men in reason why, because a person had risen to the remote parts of Texas is truly horrible. The Government
rank of general, he should be excluded from is denounced, the freedmen are shot, and Union men are persecuted if they have the temerity to express their amnesty any more than one who had failed to opinion.
reach that rank. I thought his proclamation This condition exists in the portheastern counties of the
all right so far as it excluded graduates from State to an alarming extent.
Applications come to me from the most respectable au- West Point or from the Naval Academy, or perthorities for troops, but troops have so little power that they are sufficient only in the moral effect which their presence has. *
gone into the rebellion; but I did not see any * I am, General, very respectfully, your obedient servant, reason why a volunteer who happened to rise
P, H. SHERIDAN, to the rank of general should be excluded any
Major General United States Army. more than a colonel. I recollect speaking on General U.S. GRANT,
Commanding Armies of the U.S., Washington, D. C. I that point. Neither did I see much reason, for the twenty-thousand dollar clause. These are Q. That was your understanding of the arthe only two points that I remember to have rangement which you made with General Lee? spoken of at the time. I afterwards, however, A. That was my understanding of an arrangetold him that I thought he was much nearer ment which I gave voluntarily. General Lee's right on the twenty-thousand-dollar clause than army was the first to surrender, and I believed I was.
that with such terms all the rebel armies would Q. Do you recollect, when you had that in- surrender, and that we would thus avoid bushterview with him, when you expressed those whacking and a continuation of the war in a opinions ? A. About the time of the proclama- way that we could make very little progress tion.
with, having no organized armies to meet. Q. Did the President, previous to issuing that Q. You considered that the like terms were proclamation, ask your opinion on the various given by General Sherman to the armies which points of it ? A. I do not recollect. I know surrendered to him ? A. Yes, sir; to all the that I was present when it was read, before it armies that surrendered after that. was issued. " I do not think that I was asked Q. And you held that so long as they kept my views at all. I had the privilege, of course, their parole of honor and obeyed the laws they being there, to express my views
were not subject to be tried by courts ? A. That Q. Was not that the purpose of your attend was my opinion. I will state here that I am ance-to get your views on the subject? A. I not quite certain whether I am being tried, or cannot say that it was. About that time I was who is being tried, by the questions asked. frequently asked to be present at cabinet meet. Mr. Eldridge. I am not trying anybody ; I ings.
am inquiring in reference to the President's Q. Were tbere other subjects discussed before proclamation, and as to the views he entertained. you at the meetings referred to ? A. Yes, sir. Q. Did you give those views to the President? Whenever I was there all the subjects that were A. I have stated those views to the President up that day were discussed.
frequently, and, as I have said, he disagreed with Q. I speak of that time. A. I imagine not. me in those views. He insisted on it that the My recollection is that it was solely to hear the leaders must be punished, and wanted to know proclamation read; but I would not be positive when the time would come that those persons as to that. It is my recollection.
could be tried. I told him, when they violated Q. Did you give your opinion to the President their parole. that it would be better at that time to issue a Q. Did you consider that that applied to Jefproclamation of general amnesty ? A. No, sir ; ferson Davis ? A. No, sir; he did not take any I never gave any such opinion as that. By gen- parole. eral amnesty I mean universal amnesty. | Q. He did not surrender? No, sir. It applied
Q. Did you give your opinion to the President to no person who was captured-only to those that his proclamation interfered with the stipu- who were paroled. lations between yourself and General Lee ? A. Q. Did the President insist that General Lee No, sir. I frequently had to intercede for Gen- should be tried for treason? A. He contended eral Lee and other paroled officers, on the ground for it. that their parole, so long as they obeyed the laws Q. And you claimed to him that the parole of the United States, protected them from arrest which General Lee had given would be violated and trial. The President at that time occupied in such trial? A. I did. I insisted on it that exactly the reverse grounds, viz., that they should General Lee would not have surrendered his be tried and punished. He wanted to know when army, and given up all their arms, if he had the time would come that they should be pun- supposed that after surrender he was going to ished. I told him, not so long as they obeyed be tried for treason and hanged. I thought we the laws and complied with the stipulation. I got a very good equivalent for the lives of a few That was the ground that I took.
leaders in getting all their arms and getting Q. Did you not also insist that that applied as themselves under control, bound by their oaths well to the common soldiers ? A. Of course it to obey the laws. That was the consideration applied to every one who took tho parole; but which, I insisted upon, we had received. that matter was not canvassed except in case of Q. Did the President argue that question with some of the leaders. I claimed that, in surren- you? A. There was not much argument about dering their armies and arms, they had done it; it was merely assertion. what they could not all of them have been com- R. After you had expressed your opinion upon pelled to do, as a portion of them could have it did he coincide with you? A. No, sir; not then. escaped. But they surrendered in consideration He afterwards got to agreeing with me on that of the fact that they were to be exempt from trial subject. I never claimed that the parole gave 80 long as they conformed to the obligations those prisoners any political rights whatever. I which they had taken; and they were entitled thought that that was a matter entirely with to that.
Congress, over which I had no control; that, Q. You looked on that in the nature of a simply, as general-in-chief commanding the arparole, and held that they could only be tried my, I had a right to stipulate for the surrender when they violated that parole? A. Yes; that on terms which protected their lives. That is all was the view I took of the question.
I claimed. The parole gave them protection Q. That is your view still? A. Yes, sir, un and exemption from punishment for all offences questionably.
not in violation of the rules of civilized warfare, Q. Did you understand that to apply to Gen- so long as their parole was kept. eral Lee ? A. Certainly.
Q. Do you recollect at what time you had
those conversations? Can you state any par- 1 Q. I suppose the President called on you for ticular time, or up to any particular time, I advice on those questions? A, I say I was in when they were finished ? A. The conver- favor, and so expressed myself, of something sations were frequent after the inauguration being done to restore civil rule there immediof Mr. Johnson. I cannot give the time. He ately, as near as it could be done under the seemed to be anxious to get at the leaders to pun- circumstances. ish them. He would say that the leaders of the Q. Did you suggest anything? A. No, sir. rebellion must be punished, and that treason must By Mr. Woodbridge: Q. I understand your be made odious. He cared nothing for the men position to be this: that you did not assume to in the ranks--the common men. He would let originate or inaugurate any policy ; but that them go, for they were led into it by the leaders. when any question came up, and your opinion
Q. Was that said to you in conversation ? A. was asked as to what the President was going to I have heard him say it a number of times. He do or had done, you gave an opinioa ? A. That said it to me, and he said it in my presence at was it, exactly; and I presumed the whole comthe time that delegations were coming up to him mittee so understood me. I have always been from the South."
| attentive to my own duties, and tried not to inQ. What persons do you recollect as being terfere with other people's. I was always ready present at those conversations--I mean what to originate matters pertaining to the army, but southern nien ? A. I did not know them at all. I never was willing to originate matters perI recollect that on one occasion he talked to a taining to the civil government of the United delegation from Richmond in that way.* I do States. When I was asked my opinion about not know any of their names.
what had been done, I was willing to give it. I Q. Was that prior or subsequent to his proc- originated no plan and suggested no plan for lamation ? A. It was subsequent, I think. civil government. I only gave my views on
Q. Do you recollect at any time urging the measures after they had been originated. I President to go further in granting amnesty than simply expressed an anxiety that something he had gone in his proclamation ? A. Just as I said should be done to give some sort of control down before, I could not see any reason why the fact there. There were no governments there when of a volunteer rising to the rank of general should the war was over, and I wanted to see some exclude him any more than any other grade. governments established, and wanted to see it And with reference to the twenty-thousand dol- done quickly. I did not pretend to say how it lar clause, I thought that a man's success in this should be done, or in what form. world was no reason for his being excluded from By Mr. Eldridge: Q. I confined my qustions amnesty; but I recollect afterwards saying to entirely to war and peace. In expressing the the President that I thought he was right in that opinion that something ought to be done and particular, and I was wrong. In reference to done quickly, did you make a suggestion of the other, I never changed my views. If he was what ought to be done ? A. No, sir. I will going to give amnesty to a soldier at all, I did state here that, before Mr. Lincoln's assassinanot see why the fact of a man's having risen to tion, the question about issuing a proclamation the rank of a general should be reason for ex- of some sort, and establishing some sort of civil cluding him.
government there, was up; and what was done Q. Did you not advise the President that it then was continued after Mr. Johnson came into was proper and right he should grant amnesty ? office. A. I do not think I said anything on that sub- Q Did you give your opinion on that after ject. I only looked at the proclamation as one it was done ? A. I was present, I think, twice which he was determined to issue, and as a during Mr. Lincoln's administration, when a thing susceptible to amendment or improve- proclamation which had been prepared was ment.
read. After his assassination it continued right Q. Did you not give your opinion at all that along, and I was there with Mr. Johnson. amnesty ought to be granted to those people to Q. Did you give President Johnson your any extent? A. I know that I was in favor of opinion on the subject of the proclamation, some proclamation of the sort, and perhaps I which you say was up before Mr. Lincoln's may have said so. It was necessary to do some-death, and was continued afterwards ? A. I say thing to establish governments and civil law I have given my opinion on particular passages there. I wanted to see that done, but I do not of it. think I ever pretended to dictate what ought to Q. Tell us what conversations yon bad with be done,
President Johnson on the subject, so far as you Q. Did yon not advise ? A. I do not think I can recollect it ? A. I have stated once or twice over did. I have given my opinions, perhaps, that, so far as I can recollect, I disagreed with us to what has been done, but I do not think I two clauses of the proclamation. As to the plan advised any course myself any more than that of establishing provisional governors there, that I was very anxious to see something done to was a question which I knew nothing about, restore civil governments in those States. and which I do not recollect having expressed
Q. Did you not give your opinion at all to an opinion about. The only opinion I recollect the President as to what should be done ? A. I baving expressed on that subject at all was to do not think I did. After matters were done, I the Secretary of War. I thought there would was willing to express an opinion for or against be some difficulty in getting people down there particular clauses.
to accept offices, but I found afterwards they
were ready enough to take them. * See pages 47, 48 of the Manual for 1866. | By the Chairman : Q. If I understand you
correctly, the only opinion that you expressed, General Grant and John Hancock. A. I do not and the only advice that you gave, were in recollect any such person as John Hancock, or reference to the military side of the question, the general named. and not in reference to the civil side ? * A. No- Q. Do you recollect Lloyd J. Dean? thing further than that I was anxious that (Beall ?) A. Yes, sir. something shouid be done to restore some sort Q. Did you sign a recommendation, or make of government.
an application to the President for his pardon? Q. But you gave no advice as to what should A. I do not think that the record will show that be done ? A. I gave no advice as to what I recommended his pardon, but I am not sure as should be done.
to that. I know that he sent his application By Mr. Eldridge: Q. State the conversation through me, with the request that I should forthat you had on that subject? A. I have had ward it to the President with some endorsement. repeated conversations with the President, but My recollection is that I made an endorsement I cannot specify what those conversations were as to his general character, which was as high, any more than I have already done.
up to the breaking out of the rebellion, as any Q. Did you recommend certain generals of the man's could be. Confederate army to the President for pardon Q. Were you acquainted with him previous to who fell within the exemptions ? A. Yes, sir. the breaking out of the rebellion? A. Oh, yes, I recommended General Longstreet, I think, a sir, for many years. I do not think that I recomyear and a half ago; and although I cannot re-mended him, but still I may have done so. My collect the names of anybody else, I think I recollection is that I simply endorsed his charrecommended several others.
acter on the application. The application was Q. Do you recollect recommending J. G. to the President, but sent through me. French, a graduate of West Point? A. Yes, Q. Do you recollect P. D. Roddy, said to be a sir.
rebel brigadier general ? A. Yes, sir. I do not Q. What part did he take in the rebellion ? recollect what my endorsement was in Roddy's A. He was a brigadier general.
case, but I know that if I had it to do over again Q. Was he a graduate of West Point? A. He I would recommend his pardon very quickly, was; and a class-mate of mine,
and I presume I did so. If he is not pardoned Q. Do you recollect recommending the pardon yet, I would be very glad to siga a recommend. of George H. Stuart? A. Yes, sir.
ation for him now. Q. What part did he take in the Confederate Q. Do you recollect any other officers of the service ? A. He was a general, and commanded rebel army who were recommended to the Presa brigade or division. He took no very con-ident for pardon by you? A. No, sir ; I cannot spicuous part.
mention any. You have already gone over & "Q Was be a graduate of West Point? A. bigger list than I thought I recommended. I think so.
Q. Do you recollect the case of General PickQ. He was not a class-mate of yours ? A. ett? A. I know that I was urged in that case No, sir; he came long after me.
over and over again, and I can send you from Q. Was there any special circumstance in his the office exactly what I did in the matter. case which you considered ? A. Yes, sir. 1 Q. Did you sign a recommendation in his case ? did that at the instance of General Hunter, and A. I do not think I did. I recollect receiviug As a special favor to him, and I did it because letter after letter from him, and letters were sent it affected an inheritance. Stuart's wife was a to nie time and again on his behalf. He was staunch, consistent Union woman throughout specially uneasy lest he would be tried by a the war, notwithstanding her husband was in military commission on account of some men the rebel army. I think she never went South. who were executed in North Carolina. She was as devoted to the Union cause as any Q. Do you recollect talking to the President woman whose husband was on our side. There about him? A. I do not recollect ever mentionwas considerable property in Maryland which ing his name to the President. I will furnish had not been confiscated, which he inherits, and whatever is in my office about him. I received I thought that his wife and his children were one appeal after another, not only from Pickett entitled to that property. General Hunter himself and his relatives, but from officers in the thought so too. My recommendation was not army who knew him very well and favorably out of any favor to General Stuart.
prior to the war. Q. Were those circumstances presented to the Q. Do you know whether he has been parPresident as a reason for the pardon? A. I do doned yet? A. I do not know. not know that they were, and I do not know Q. State what the circumstances of his case that they were not. I think I merely signed a were, and whether you are in favor of his parrecommendation.
don. A. I was not in favor of his pardon. I Q. Did that contain the statement you have was not in favor, however, of his being tried by given ? A. I do not recollect whether it did or a military commission. I think that his great not. I do not know that I stated the circum- anxiety was to receive some assurance that he stances to the President.
would not be taken up and imprisoned for ofQ. Do you recollect signing the recommenda. fences alleged against him as commander in tion of M. D. Ector, a rebel brigadier general ? North Carolina. He wanted to be able to go to A. No, sir; I do not recollect there being such work and make a living. It is likely I may a brigadier general in the rebel service.
have recommended that he be given assurance Q. The report in the House is that he was that he would not be arrested and imprisoned. pardoned on the recommendation of Lieutenanti I do not think that I ever, under any circumstances, signed a recommendation for his pardon. eral amnesty, and I know that I never was in You have no right to ask what my opinion is favor of general amnesty. I do not recollect now.
any conversation at that time on the subject of Q. Was he an active rebel officer ? A. Yes, amnesty at all. I have stated here that I never sir. He was charged with executing a number recommended general amnesty, and never was of North Carolina refugees who were captured in favor of it, until the time shall come when it with a garrison under General Wessels in North is safe to give it. Carolina. Those men had gone there to eyade By Mr. Williams: Q. When you say that the rebel conscription, or it may be had deserted you did not recommend general amnesty, you from the rebel army, and they were tried as de- mean universal amnesty ? A. I do not recollect serters, and quite a number of them executed. of ever having any conversation on the subject Pickett was commanding officer at that time, of universal amnesty. I know I could not have and there was a good deal said of his having recommended such a thing, because I never was approved the proceedings.
in favor of it, until the time shall come when Q. Was this man French an active rebel it is safe. officer? He served in the field. I never heard Q. I merely put the question in reference to much of him during the rebellion. He was not your use of the term #general,” because it generally in the army against which I was per- might be supposed from that that the amnesty sonally engaged. He was at one time on the in the proclamation was not a general amnesty? James river, when General McClellan was in | A. I meant universal amnesty, of course. command, and was afterwards in the West, but Q. You state that you differed with the Preshe never filled a conspicuous place.
ident as to two points in his proclamation, but Q. Did you ever advise the pardon of General that his views afterwards changed. State when Lee ? A. Yes, sir.
| the President's mind underwent a change? A. Q. Were you ever consulted on that question It would be very hard, I reckon, to fix any by the President? A. General Lee forwarded period for it. his application for amnesty through me, and I Q. Was it in the summer of 1865? A. Yes, forwarded it to the President, approved
sir; along in the summer of 1865. Q. Did you have any conversation about it Q. How long after the North Carolina proclam. with the President? A. I do not recollect ation of the 29th of May? A. It is impossihaving had any conversation with him on the ble for me to say. subject. I think it probable that I recom. Q. Was it more than two or three months ? mended verbally the pardon of General John-A. I should think not. ston, immediately after the surrender of his By Mr. Woodbridge: What did you mean by army, on account of the address he delivered to saying that the President's views afterwards his army. I thought it in such good tone and changed ? A. I meant to say that while I was spirit that we should distinguish between him contending for the rights which those rebel and others who did not appear so well. I recola paroled soldiers had, he was insisting on it that lect speaking of that, and saying that I should they should be punished. My remark was con. be glad if General Johnston received his pardon, fined to that particular subject. on account of the manly manner in which he By Mr. Eldridge : Q. Did you have any coraddressed his troops.
respondence with the President in writing? A.' By the Chairman: Q. You supposed his par- Any correspondence I ever had with the President don would have a good effect ? A. Yes; I is official, and can be furnished. I had to make thought it would have a good effect. I am not frequent endorsements on the subject of the sure whether I spoke on the subject to the Sec- rights of those paroled prisoners. The only retary of War or to the President.
correspondence that I could have had on the By Mr. Eldridge: Q. Do you recollect hay. subject of amnesty was where I recommended ing a conversation with the President at any men for pardon, as in the case of French and time when General Hillyer was present? A. I others. remember going with General Hillyer to see the Q. Did you keep copies of them? A. Yes.' President, but it was on the subject of an ap- sir, and will furnish them. pointment which he wanted. I went to state Q. Do you recollect the proclamation that is to the President what I knew of General Hill-called the North Carolina proclamation ?” A. yer. I do not recollect the conversation going Yes, sir; that was the first one published giving beyond that range at all, though still it might a State government. have done so.
1 Q. Did you have any conversation with the Q. You do not recollect any other meeting President as to the terms or purport of that with the President when General Hillyer was proclamation ? A. I was, as I say, present present? A. I do not know. I think I met when it was read. It was in the direction that him twice, perhaps, but it was on a subject in I wanted. I was anxious to see something done which General Hillyer himself was personally to give some sort of temporary government interested. Whether the President conversed there. I did not want to see anarchy. on any other subjects at that time I do not Q. Did you give any opinion in favor of that recollect.
proposition ? A. I did not give any opinion Q. Do you not recollect any conversation with against it. I was in favor of that or anything the President, in the presence of General Hill- else which looked to civil government until ger, on the subject of granting amnesty to the Congress could meet and establish governments people of the South ? A. No, sir; I do not there. I did not want all chaos left there, and recollect any conversation on the subject of gen. 1 no form of civil government whatever. I was