Part 16

On this point Lincoln never wavered. From first to last, he was determined not to admit that Congress had the powers of Parliament. No sooner had the politicians made out this attitude than their attack on it began. It did not cease until Lincoln's death. It added a second constitutional question to the issues of the war. Not only the issue whether a State had a right to secede, but also the issue of the President's possession of the war powers of the Constitution. Time and again the leaders of disaffection in his own party, to say nothing of the violent Democrats, exhausted their rhetoric denouncing Lincoln's position. They did not deny themselves the delights of the sneer. Senator Grimes spoke of a call on the President as an attempt "to approach the footstool of power enthroned at the other end of the Avenue."(2) Wade expanded the idea: "We ought to have a committee to wait on him whenever we send him a bill, to know what his royal pleasure is with regard to it. . . . We are told that some gentlemen . . . have been to see the President. Some gentlemen are very fortunate in that respect. Nobody can see him, it seems, except some privileged gentlemen who are charged with his constitutional conscience."(3) As Lincoln kept his doors open to all the world, as no one came and went with greater freedom than the Chairman of the Committee, the sneer was-what one might expect of the Committee. Sumner said: "I claim for Congress all that belongs to any government in the exercise of the rights of war." Disagreement with him, he treated with unspeakable disdain: "Born in ignorance and pernicious in consequence, it ought to be received with hissings of contempt, and just in proportion as it obtains acceptance, with execration."(4) Henry Wilson declared that, come what might, the policy of the Administration would be shaped by the two Houses. "I had rather give a policy to the President of the United States than take a policy from the President of the United States."(5) Trumbull thundered against the President's theory as the last word in despotism.(6)

Such is the mental perspective in which to regard the speech of Stevens of January 22, 1862. With masterly clearness, he put his finger on the heart of the matter: the exceptional problems of a time of war, problems that can not be foreseen and prepared for by anticipatory legislation, may be solved in but one way, by the temporary creation of the dictator; this is as true of modern America as of ancient Rome; so far, most people are agreed; but this extraordinary function must not be vested in the Executive; on the contrary, it must be, it is, vested in the Legislature. Stevens did not hesitate to push his theory to its limit. He was not afraid of making the Legislature in time of war the irresponsible judge of its own acts. Congress, said he, has all possible powers of government, even the dictator's power; it could declare itself a dictator; under certain circumstances he was willing that it should do so.(7)

The intellectual boldness of Lincoln was matched by an equal boldness. Between them, he and Stevens had perfectly defined their issue. Granted that a dictator was needed, which should it be--the President or Congress?

In the hesitancy at the White House during the last eclipse, in the public distress and the personal grief, Lincoln withheld himself from this debate. No great utterances break the gloom of this period. Nevertheless, what may be considered his reply to Stevens is to be found. Buried in the forgotten portions of the Congressional Globe is a speech that surely was inspired-or, if not directly inspired, so close a reflection of the President's thinking that it comes to the same thing at the end.

Its author, or apparent author, was one of the few serene figures in that Thirty-Seventh Congress which was swept so pitilessly by epidemics of passion. When Douglas, after coming out valiantly for the Union and holding up Lincoln's hands at the hour of crisis, suddenly died, the Illinois Legislature named as his successor in the Senate, Orville Henry Browning. The new Senator was Lincoln's intimate friend. Their points of view, their temperaments were similar. Browning shared Lincoln's magnanimity, his hatred of extremes, his eagerness not to allow the war to degenerate into revolution. In the early part of 1862 he was Lincoln's spokesman in the Senate. Now that the temper of Wade and Chandler, the ruthlessness that dominated the Committee, had drawn unto itself such a cohort of allies; now that all their thinking had been organized by a fearless mind; there was urgent need for a masterly reply. Did Lincoln feel unequal, at the moment, to this great task? Very probably he did. Anyhow, it was Browning who made the reply,(8) a reply so exactly in his friend's vein, that--there you are!

His aim was to explain the nature of those war powers of the government "which lie dormant during time of peace," and therefore he frankly put the question, "Is Congress the government?" Senator Fessenden, echoing Stevens had said, "There is no limit on the powers of Congress; everything must yield to the force of martial law as resolved by Congress." "There, sir," said Browning, "is as broad and deep a foundation for absolute despotism as was ever laid." He rang the changes on the need to "protect minorities from the oppression and tyranny of excited majorities."

He went on to lay the basis of all Lincoln's subsequent defense of the presidential theory as opposed to the congressional theory, by formulating two propositions which reappear in some of Lincoln's most famous papers. Congress is not a safe vessel for extraordinary powers, because in our system we have difficulty in bringing it definitely to an account under any sort of plebiscite. On the other hand the President, if he abuses the war powers "when peace returns, is answerable to the civil power for that abuse."

But Browning was not content to reason on generalities. Asserting that Congress could no more command the army than it could adjudicate a case, he further asserted that the Supreme Court had settled the matter and had lodged the war powers in the President. He cited a decision called forth by the legal question, "Can a Circuit Court of the United States inquire whether a President had acted rightly in calling out the militia of a State to suppress an insurrection?" "The elevated office of the President," said the Court, "chosen as he is by the People of the United States, and the high responsibility he could not fail to feel when acting in a case of such moment, appear to furnish as strong safeguards against the wilful abuse of power as human prudence and foresight could well devise. At all events, it is conferred upon him by the Constitution and the laws of the United States, and therefore, must be respected and enforced in its judicial tribunals."(9)

Whether or not constitutional lawyers would agree with Browning in the conclusion he drew from this decision, it was plainly the bed rock of his thought. He believed that the President--whatever your mere historian might have to say--was in point of fact the exponent of the people as a whole, and therefore the proper vessel for the ultimate rights of a sovereign, rights that only the people possess, that only the people can delegate. And this was Lincoln's theory. Roughly speaking, he-conceived of the presidential office about as if it were the office of Tribune of the People.

There was still another reason why both Lincoln and Browning feared to yield anything to the theory of congressional supremacy. It was, in their minds, not only the general question of all Congresses but immediately of this particular Congress. An assembly in which the temper of Wade and Chandler, of Stevens and Sumner, was entering the ascendent, was an assembly to be feared; its supremacy was to be denied, its power was to be fought.

Browning did not close without a startling passage flung square in the teeth of the apostles of fury. He summed up the opposite temper, Lincoln's temper, in his description of "Our brethren of the South--for I am willing to call them brethren; my heart yet yearns toward them with a fervency of love which even their treason has not all extinguished, which tempts me constantly to say in their behalf, 'Father, forgive them, for they know not what they do.'" He pleaded with the Senate not to consider them "as public enemies but as insurgent citizens only," and advocated an Act of Amnesty restoring all political and property rights "instantly upon their return to allegiance and submission to the authority of the government."

Had this narrowly constitutional issue arisen in quiet times, who can say how slight might have been its significance? But Fate had decreed that it should arise in the stormiest moment of our history. Millions of men and women who cared nothing for constitutional theories, who were governed by that passion to see immediate results which the thoughtless ever confuse with achievement, these were becoming hysterical over delay. Why did not the government do something? Everywhere voices were raised accusing the President of cowardice. The mania of suspicion was not confined to the Committee. The thoughts of a multitude were expressed by Congressman Hickman in his foolish words, "These are days of irresponsibility and imbecility, and we are required to perform two offices--the office of legislator and the office of President." The better part of a year had passed since the day of Sumter, and still the government had no military success to its credit. An impetuous people that lacked experience of war, that had been accustomed in unusual measure to have its wishes speedily gratified, must somehow be marshalled behind the government, unless the alternative was the capture of power by the Congressional Cabal that was forming against the President.

Entering upon the dark days of the first half of 1862, Lincoln had no delusions about the task immediately before him. He must win battles; otherwise, he saw no way of building up that popular support which alone would enable him to keep the direction of policy in the hands of the Executive, to keep it out of the hands of Congress. In a word, the standing or falling of his power appeared to have been committed to the keeping of the army. What the army would do with it, save his policy or wreck his policy, was to no small degree a question of the character and the abilities of the Commanding General.

XXI. THE STRUGGLE TO CONTROL THE ARMY

George Brinton McClellan, when at the age of thirty-four he was raised suddenly to a dizzying height of fame and power, was generally looked upon as a prodigy. Though he was not that, he had a real claim to distinction. Had destiny been considerate, permitting him to rise gradually and to mature as he rose, he might have earned a stable reputation high among those who are not quite great. He had done well at West Point, and as a very young officer in the Mexican War; he had represented his country as a military observer with the allies in the Crimea; he was a good engineer, and a capable man of business. His winning personality, until he went wrong in the terrible days of 1862, inspired "a remarkable affection and regard in every one from the President to the humblest orderly that waited at his door."(1) He was at home among books; he could write to his wife that Prince Napoleon "speaks English very much as the Frenchmen do in the old English comedies";(2) he was able to converse in "French, Spanish, Italian, German, in two Indian dialects and he knew a little Russian and Turkish." Men like Wade and Chandler probably thought of him as a "highbrow," and doubtless he irritated them by invariably addressing the President as "Your Excellency." He had the impulses as well as the traditions of an elder day. But he had three insidious defects. At the back of his mind there was a vein of theatricality, hitherto unrevealed, that might, under sufficient stimulus, transform him into a poseur. Though physically brave, he had in his heart, unsuspected by himself or others, the dread of responsibility. He was void of humor. These damaging qualities, brought out and exaggerated by too swift a rise to apparent greatness, eventually worked his ruin. As an organizer he was unquestionably efficient. His great achievement which secures him a creditable place in American history was the conversion in the autumn of 1861 of a defeated rabble and a multitude of raw militia into a splendid fighting machine. The very excellence of this achievement was part of his undoing. It was so near to magical that it imposed on himself, gave him a false estimate of himself, hid from him his own limitation. It imposed also on his enemies. Crude, fierce men like the Vindictive leaders of Congress, seeing this miracle take place so astoundingly soon, leaped at once to the conclusion that he could, if he would, follow it by another miracle. Having forged the thunderbolt, why could he not, if he chose, instantly smite and destroy? All these hasty inexperienced zealots labored that winter under the delusion that one great battle might end the war. When McClellan, instead of rushing to the front, entered his second phase--the one which he did not understand himself, which his enemies never understood--when he entered upon his long course of procrastination, the Jacobins, startled, dumfounded, casting about for reasons, could find in their unanalytical vision, but one. When Jove did not strike, it must be because Jove did not wish to strike. McClellan was delaying for a purpose. Almost instantaneous was the whisper, followed quickly by the outcry among the Jacobins, "Treachery! We are betrayed. He is in league with the enemy."

Their distrust was not allayed by the manner in which he conducted himself. His views of life and of the office of commanding general were not those of frontier America. He believed in pomp, in display, in an ordered routine. The fine weather of the autumn of 1861 was utilized at Washington for frequent reviews. The flutter of flags, the glint of marching bayonets, the perfectly ordered rhythm of marching feet, the blare of trumpets, the silvery notes of the bugles, the stormily rolling drums, all these filled with martial splendor the golden autumn air when the woods were falling brown. And everywhere, it seemed, look where one might, a sumptuously uniformed Commanding General, and a numerous and sumptuous staff, were galloping past, mounted on beautiful horses. Plain, blunt men like the Jacobins, caring nothing for this ritual of command, sneered. They exchanged stories of the elaborate dinners he was said to give daily, the several courses, the abundance of wine, the numerous guests; and after these dinners, he and his gorgeous staff, "clattering up and down the public streets" merely to show themselves off. All this sneering was wildly exaggerated. The mania of exaggeration, the mania of suspicion, saturated the mental air breathed by every politician at Washington, that desperate winter, except the great and lonely President and the cynical Secretary of State.

McClellan made no concessions to the temper of the hour. With Lincoln, his relations at first were cordial. Always he was punctiliously respectful to "His Excellency." It is plain that at first Lincoln liked him and that his liking was worn away slowly. It is equally plain that Lincoln did not know how to deal with him. The tendency to pose was so far from anything in Lincoln's make-up that it remained for him, whether in McClellan or another, unintelligible. That humility which was so conspicuous in this first period of his rule, led him to assume with his General a modest, even an appealing tone. The younger man began to ring false by failing to appreciate it. He even complained of it in a letter to his wife. The military ritualist would have liked a more Olympian superior. And there is no denying that his head was getting turned. Perhaps he had excuse. The newspapers printed nonsensical editorials praising "the young Napoleon." His mail was filled with letters urging him to carry things with a high hand; disregard, if necessary, the pusillanimous civil government, and boldly "save the country." He had so little humor that he could take this stuff seriously. Among all the foolish letters which the executors of famous men have permitted to see the light of publicity, few outdo a letter of McClellan's in which he confided to his wife that he was willing to become dictator, should that be the only way out, and then, after saving his country, to perish.(3)

In this lordly mood of the melodramatic, he gradually--probably without knowing it--became inattentive to the President. Lincoln used to go to his house to consult him, generally on foot, clad in very ordinary clothes. He was known to sit in McClellan's library "rather unnoticed" awaiting the General's pleasure.(4)

At last the growing coolness of McClellan went so far that an event occurred which Hay indignantly set down in his diary: "I wish here to record what I consider a portent of evil to come. The President, Governor Seward and I went over to McClellan's house tonight. The servant at the door said the General was at the wedding of Colonel Wheaton at General Buell's and would soon return. We went in and after we had waited about an hour, McClellan came in, and without paying particular attention to the porter who told him the President was waiting to see him, went up-stairs, passing the door of the room where the President and the Secretary of State were seated. They waited about half an hour, and sent once more a servant to tell the General they were there; and the answer came that the General had gone to bed.

"I merely record this unparalleled insolence of epaulettes without comment It is the first indication I have yet seen of the threatened supremacy of the military authorities. Coming home, I spoke to the President about the matter, but he seemed not to have noticed it specially, saying it were better at this time not to be making points of etiquette and personal dignity."(5)

Did ever a subordinate, even a general, administer to a superior a more astounding snub? To Lincoln in his selfless temper, it was Only a detail in his problem of getting the army into action. What room for personal affronts however gross in a mood like his? To be sure he ceased going to McClellan's house, and thereafter summoned McClellan to come to him, but no change appeared in the tone of his intercourse with the General. "I will hold McClellan's horse," said he, "if he will win me victories."(6)

All this while, the two were debating plans of campaign and McClellan was revealing-as we now see, though no one saw it at the time-the deep dread of responsibility that was destined to paralyze him as an active general. He was never ready. Always, there must be more preparation, more men, more this, more that.

In January, 1862, Lincoln, grown desperate because of hope deferred, made the first move of a sort that was to be lamentably frequent the next six months. He went over the head of the Commanding General, and, in order to force a result, evoked a power not recognized in the military scheme of things. By this time the popular adulation of McClellan was giving place to a general imitation of the growling of the Jacobins, now well organized in the terrible Committee and growing each day more and more hostile to the Administration. Lincoln had besought McClellan to take into account the seriousness of this rising tide of opposition.(7) His arguments made no impression. McClellan would not recognize the political side of war. At last, partly to allay the popular clamor, partly to force McClellan into a corner, Lincoln published to the country a military program. He publicly instructed the Commanding General to put all his forces in movement on all fronts, on Washington's birthday.(8)

From this moment the debate between the President and the General with regard to plans of campaign approached the nature of a dispute. McClellan repeated his demand for more time in which to prepare. He objected to the course of advance which the President wished him to pursue. Lincoln, seeing the situation first of all as a political problem, grounded his thought upon two ideas neither of which was shared by McClellan: the idea that the supreme consideration was the safety of Washington; the resultant idea that McClellan should move directly south, keeping his whole army constantly between Washington and the enemy. McClellan wished to treat Washington as but one important detail in his strategy; he had a grandiose scheme for a wide flanking movement, for taking the bulk of his army by sea to the coast of Virginia, and thus to draw the Confederate army homeward for a duel to the death under the walls of Richmond. Lincoln, neither then nor afterward more than an amateur in strategy, was deeply alarmed by this bold mode of procedure. His political instinct told him that if there was any slip and Washington was taken, even briefly, by the Confederates, the game was up. He was still further alarmed when he found that some of the eider generals held views resembling his own.(9) To his modest, still groping mind, this was a trying situation. In the President lay the ultimate responsibility for every move the army should make. And whose advice should he accept as authoritative? The first time he asked himself that question, such peace of mind as had survived the harassing year 1861 left him, not to return for many a day.

At this moment of crises, occurred one of his keenest personal afflictions. His little son Willie sickened and died. Lincoln's relation to his children was very close, very tender. Many anecdotes show this boy frolicking about the White House, a licensed intruder everywhere. Another flood of anecdotes preserve the stupefying grief of his father after the child's death. Of these latter, the most extreme which portray Lincoln toward the close of February so unnerved as to be incapable of public duty, may be dismissed as apocryphal. But there can be no doubt that his unhappiness was too great for the vain measurement of descriptive words; that it intensified the nervous mood which had already possessed him; that anxiety, deepening at times into terrible alarm, became his constant companion.

In his dread and sorrow, his dilemma grew daily more intolerable. McClellan had opposed so stoutly the Washington birthday order that Lincoln had permitted him to ignore it. He was still wavering which advice to take, McClellan's or the elder generals'. To remove McClellan, to try at this critical moment some other general, did not occur to him as a rational possibility. But somehow he felt he must justify himself to himself for yielding to McClellan' s views. In his zeal to secure some judgment more authoritative than his own, he took a further step along the dangerous road of going over the Commander's head, of bringing to bear upon him influences not strictly included in the military system. He required McClellan to submit his plan to a council of his general officers. Lincoln attended this council and told the generals "he was not a military man and therefore would be governed by the opinion of a majority."(10) The council decided in McClellan's favor by a vote of eight to four. This was a disappointment to Lincoln. So firm was his addiction to the overland route that he could not rest content with the council's decision. Stanton urged him to disregard it, sneering that the eight who voted against him were McClellan's creatures, his "pets." But Lincoln would not risk going against the majority of the council. "We are civilians," said he, "we should justly be held responsible for any disaster if we set up our opinions against those of experienced military men in the practical management of a campaign."(11)