Part 7

[Sidenote: An Old Fogy's Questionings]

Whenever I ask myself the questions set down above, I find it necessary to the chastening of my mind to recite my creed:

I believe that every human being born into this world has a right to do as he pleases, so long as in doing as he pleases he does not interfere with the equal right of any other human being to do as he pleases;

I believe in the unalienable right of all men to life, liberty, and the pursuit of happiness;

I believe that it is the sole legitimate function of government to maintain the conditions of liberty and to let men alone.

Nevertheless, I cannot escape a tender regret when I reflect upon what we have sacrificed to the god Progress. I suppose it is for the good of all that we have factories now to do the work that in my boyhood was done by the village carpenter, tanner, shoemaker, hatter, tailor, tin-smith, and the rest; but I do not think a group of factory "hands," dwelling in repulsively ugly tenement buildings and dependent upon servitude to the trade union as a means of escaping enslavement by an employing corporation, mean as much of human happiness or signify as much of helpful citizenship as did the home-owning, independent village workmen of the past. In the same way I do not think the substitution of a utilitarian smattering for all for the education and culture of a class has been altogether a gain. As I see young men flocking by thousands to our universities, where in earlier times there were scant hundreds in attendance, I cannot avoid the thought that most of these thousands have just enough education of the drill sort to pass the entrance examinations and that they go to the universities, not for education of the kind that brings enlargement of mind, but for technical training in arts that promise money as the reward of their practice. And I cannot help wondering if the change which relegates the Arts course to a subordinate place in the university scheme is altogether a change for the better. Economically it is so, of course. But economics, it seems to me, ought not to be all of human life. Surely men and women were made for something more than mere earning capacity.

But all this is blasphemy against the great god Progress and heresy to the gospel of Success. Its voice should be hushed in a land where fame is awarded not to those who think but to those who organize and exploit; where men of great intellect feel that they cannot afford to serve the country when the corporations offer them so much higher salaries; and where it is easier to control legislation and administration by purchase than by pleading.

The old order changed, both at the North and at the South when the war came, and if the change is more marked in the South than at the North it is only because the South lost in the struggle for supremacy and suffered desolation in its progress.

XXVII

I have elsewhere pointed out in print that Virginia did not want war, or favor secession. Her people, who had already elected the avowed emancipationist, John Letcher, to be their governor, voted by heavy majorities against withdrawal from the Union. In her constitutional convention, called to consider what the old mother state should do after the Cotton States had set up a Southern Confederacy, the dominant force was wielded by such uncompromising opponents of secession as Jubal A. Early, Williams C. Wickham, Henry A. Wise, and others, who when war came were among the most conspicuous fighters on the Southern side. It is important to remember that, as Farragut said, Virginia was "dragooned out of the Union," in spite of the abiding unwillingness of her people.

[Sidenote: Under Jeb Stuart's Command]

I was a young lawyer then, barely twenty-one years of age. I spoke and voted--my first vote--against the contemplated madness. But in common with the Virginians generally, I enlisted as soon as war became inevitable, and from the 9th of April, 1861, to the 9th of April, 1865--the date of Lee's surrender--I was a soldier in active service.

I was intensely in earnest in the work of the soldier. As I look back over my seventy years of life, I find that I have been intensely in earnest in whatever I have had to do. Such things are temperamental, and one has no more control over his temperament than over the color of his eyes and hair.

Being intensely in earnest in the soldier's work, I enjoyed doing it, just as I have keenly enjoyed doing every other kind of work that has fallen to me during a life of unusually varied activity.

I went out in a company of horse, which after brief instruction at Ashland, was assigned to Stuart's First Regiment of Virginia Cavalry.

The regiment was composed entirely of young Virginians who, if not actually "born in the saddle," had climbed into it so early and lived in it so constantly that it had become the only home they knew. I suppose there was never gathered together anywhere on earth a body of horsemen more perfectly masters of their art than were the men of that First Regiment, the men whom Stuart knew by their names and faces then, and whose names and faces he never afterward forgot, for the reason, as he often said to us, that "You First Regiment fellows made me a Major-General." Even after he rose to higher rank and had scores of thousands of cavaliers under his command, his habit was, when he wanted something done of a specially difficult and dangerous sort, to order a detail from his old First Regiment to do it for him.

The horsemanship of that regiment remained till the end a model for emulation by all the other cavalry, and, in view of the demonstrations of it in the campaign preceding Manassas (Bull Run) it is no wonder that when the insensate panic seized upon McDowell's army in that battle the cry went up from the disintegrated mob of fugitives that they could not be expected to stand against "thirty thousand of the best horsemen since the days of the Mamelukes." The "thirty thousand" estimate was a gross exaggeration, Stuart's command numbering in fact only six or seven hundred, but the likening of its horsemanship to that of the Mamelukes was justified by the fact.

As a robust young man who had never known a headache I keenly enjoyed the life we cavalrymen led that summer. It was ceaselessly active--for Stuart's vocabulary knew not the word "rest"--and it was all out of doors in about as perfect a summer climate as the world anywhere affords.

We had some tents, in camp, in which to sleep after we got tired of playing poker for grains of corn; but we were so rarely in camp that after a little while we forgot that we owned canvas dwellings, and I cannot remember, if I ever knew, what became of them at last. For the greater part of the time we slept on the ground out somewhere within musket shot of the enemy's lines, and our waking hours were passed in playing "tag" with the enemy's scouting parties, encountered in our own impertinent intrusions into the lines of our foeman. A saddle was emptied now and then, but that was only a forfeit of the game, and the game went on.

[Sidenote: The Life of the Cavaliers]

It must have been a healthy life that we led. I well remember that during that summer my company never had a man on the sick list. When the extraordinary imbecility of the Confederate commissary department managed to get rations of flour to us, we wetted it with water from any stream or brook that might be at hand, added a little salt, if we happened to have any, to the putty-like mass, fried the paste in bacon fat, and ate it as bread. According to all the teachings of culinary science the thing ought to have sent all of us to grass with indigestions of a violent sort; but in fact we enjoyed it, and went on our scouting ways utterly unconscious of the fact that we were possessed of stomachs, until the tempting succulence of half-ripened corn in somebody's field set appetite a-going again and we feasted upon the grain without the bother of cooking it at all.

Of course, we carried no baggage with us during the days and weeks when we were absent from camp. We had a blanket apiece, somewhere, we didn't know where. When our shirts were soiled we took them off and washed them in the nearest brook, and if orders of activity came before they were dried, we put them on wet and rode away in full confidence that they would dry on our persons as easily as on a clothesline.

One advantage that I found in this neglect of impedimenta was that I could always carry a book or two inside my flannel shirt, and I feel now that I owe an appreciable part of such culture as I have acquired to the reading done by bivouac fires at night and in the recesses of friendly cornfields by day.

There were many stories current among the good women at home in those days of men's lives being saved by Bibles carried in their clothes and opportunely serving as shields against bullets aimed at their wearers' hearts. I do not know how much truth there may have been in these interesting narratives, nor have I any trustworthy information upon which to base an estimate of the comparative armorplate efficacy of Bibles and other books. But one day, as I well remember, the impact of a bullet nearly knocked me off my horse, and I found afterward that the missile had deeply imbedded itself in a copy of "Tristram Shandy" which lay in the region of my transverse colon. A Bible of equal thickness would doubtless have served as well, but it was the ribald romance of Laurence Sterne that stopped a bullet and saved my life that day.

It may be worth while to add that the young woman from whom I had borrowed the book never would accept the new copy I offered to provide in exchange for the wounded one.

This cavalry service abounded in adventures, most of them of no great consequence, but all of them interesting at the time to those who shared in them. It was an exciting game and a fascinating one to a vigorous young man with enough imagination to appreciate it as I did. I enjoyed it intensely at the time and, as the memory of it comes back to me now, I find warmth enough still in my blood to make me wish it were all to do over again, with youth and health and high spirits as an accompaniment.

[Sidenote: Delights of the War Game]

War is "all hell," as General Sherman said, and as a writer during many years of peace, I have endeavored to do my part in making an end of it. I have printed much in illustration of the fact that war is a cruel, barbarous, inhuman device for settling controversies that should be settled and could be settled by more civilized means; I have shown forth its excessive costliness and its unspeakable cruelty to the women and children involved as its victims. I have no word of that to take back. But, as I remember the delights of the war game, I cannot altogether regret them. I cannot shut my eyes to the fact that war, with all its inhuman cruelty, its devastation, and its slaughter, calls forth some of the noblest qualities of human nature, and breeds among men chivalric sentiments that it is well worth while to cherish.

And the inspiration of it is something that is never lost to the soul that has felt it. When the Spanish-American troubles came, and we all thought they portended a real war instead of the ridiculous "muss" that followed, the old spirit was so strong upon me that I enlisted a company of a hundred and twenty-four men and appealed to both the state and the national governments for the privilege of sharing in the fighting.

So much for psychology.

XXVIII

Among my experiences in the cavalry service was one which had a sequel that interested me.

Stuart had been promoted and Fitzhugh Lee, or "Fitz Lee" as we called him, had succeeded to the command of the First Regiment.

One day he led a party of us on a scouting expedition into the enemy's lines. In the course of it we charged through a strong infantry picket numbering forty or fifty men. As our half company dashed through, my horse was shot through the head and sank under me. My comrades rode on and I was left alone in the midst of the disturbed but still belligerent picket men. I had from the first made up my mind that I would never become a prisoner of war. I had stomach for fighting; I was ready to endure hardship; I had no shrinking from fatigue, privation, exposure, or anything else that falls to the lot of the soldier. But I was resolute in my determination that I would never "go to jail"--a phrase which fitly represented my conception of capture by the enemy.

So, when my horse dropped me there in the middle of a strong picket force, I drew both my pistols, took to a friendly tree, and set to work firing at every head or body I could see, with intent to sell my life for the very largest price I could make it command.

This had lasted for less than two minutes when my comrades, pursued by a strong body of Federal cavalry, dashed back again through the picket post.

As they came on at a full run Fitz Lee saw me, and, slackening speed slightly, he thrust out his foot and held out his hand--a cavalry trick in which all of us had been trained. Responding, I seized his hand, placed my foot upon his and swung to his crupper. A minute later a supporting company came to our assistance and the pursuing cavalrymen in blue retired.

The incident was not at all an unusual one, but the memory of it came back to me years afterwards under rather peculiar circumstances. In 1889 there was held in New York a spectacular celebration of the centennial of Washington's inauguration as president. A little company of us who had organized ourselves into a society known as "The Virginians," gave a banquet to the commissioners appointed to represent Virginia on that occasion. It so fell out that I was called upon to preside at the banquet, and General Fitzhugh Lee, then Governor of Virginia, sat, of course, at my right.

Somewhere between the oysters and the entree I turned to him and said:

"It seemed a trifle odd to me, General, and distinctly un-Virginian, to greet you as a stranger when we were presented to each other a little while ago. Of course, to you I mean nothing except a name heard in introduction; but you saved my life once and to me this meeting means a good deal."

[Sidenote: Fitz Lee]

In answer to his inquiries I began to tell the story. Suddenly he interrupted in his impetuous way, asking:

"Are you the man I took on my crupper that day down there by Dranesville?"

And with that he pushed back his plate and rising nearly crushed my hand in friendly grasp. Then he told me stories of other meetings with his old troopers,--stories dramatic, pathetic, humorous,--until I had need of General Pryor's reminder that I was presiding and that there were duties for me to do, however interesting I might find Fitzhugh Lee's conversation to be.

From that time until his death I saw much of General Lee, and learned much of his character and impulses, which I imagine are wholly undreamed of by those who encountered him only in his official capacities. He had the instincts of the scholar, without the scholar's opportunity to indulge them. "It is a matter of regret," he said to me in Washington one day, "that family tradition has decreed that all Lees shall be soldiers. I have often regretted that I was sent to West Point instead of being educated in a more scholarly way. You know I have Carter blood and Mason blood in my veins, and the Carters and Masons have had intellects worth cultivating."

I replied by quoting from Byron's "Mazeppa" the lines:

"'Ill betide The school wherein I learned to ride.' Quoth Charles: 'Old Hetman, wherefore so, Since thou hast learned the art so well?'"

Instantly he responded by continuing the quotation:

"''Twere long to tell, And we have many a league to go With every now and then a blow;'

That is to say, I'm still Consul-General at Havana, and I have an appointment to see the President on official business this morning."

As we were sitting in my rooms at the Arlington and not in his quarters at the Shoreham, this was not a hint of dismissal, but an apology for leaving.

The conversation awakened surprise in my mind, and ever since I have wondered how many of the world's great men of action have regretted that they were not men of thought instead, and how far the regret was justified. If Fitz Lee had been educated at Yale or Harvard, what place would he have occupied in the world? Would he have become a Virginian lawyer and perhaps a judge? or what else? Conjecture in such a case is futile. "If" is a word of very uncertain significance.

The story told in the foregoing paragraphs reminds me of another experience.

When the war ended it became very necessary that I should go to Indiana with the least possible delay. But at Richmond I was stopped by a peremptory military order that forbade ex-Confederates to go North. The order had been issued in consequence of Mr. Lincoln's assassination, and the disposition to enforce it rigidly was very strong.

In my perplexity I made my way into the office of the Federal chief of staff of that department. There I encountered a stalwart and impressive officer, six feet, four or five inches high--or perhaps even an inch or two more than that--who listened with surprising patience while I explained my necessity to him. When I had done, he placed his hand upon my shoulder in comradely fashion and said:

"You didn't have anything to do with Mr. Lincoln's assassination. I'll give you a special pass to go North as soon as you please."

I thanked him and took my leave.

[Sidenote: A Friendly Old Foe]

In 1907--forty-two years later--some one in the Authors Club introduced me to "our newest member, Mr. Curtis."

I glanced at the towering form, and recognized it instantly.

"_Mr._ Curtis be hanged," I answered, "I know General Newton Martin Curtis, and I have good reason to remember him. He is the man who let me out of Richmond."

Since that time I have learned to know General Curtis well, and to cherish him as a friend and club comrade as heartily as I honored him before for his gallantry in war and for his ceaseless and most fruitful efforts since the war in behalf of reconciliation and brotherhood between the men who once confronted each other with steel between. Senator Daniel of Virginia has written of him that no other man has done so much as he in that behalf, and I have reason to know that the statement is not an exaggerated one. The kindliness he showed to me in Richmond when we were utter strangers and had only recently been foemen, inspired all his relations with the Virginians during all the years that followed, and there is no man whose name to-day awakens a readier response of good will among Virginians than does his.

XXIX

Late in the autumn of that first year of war there was reason to believe that the armies in Virginia were about to retire into the dull lethargy of winter-quarters' life, and that the scene of active war was to be transferred to the coast of South Carolina. The Federals had concentrated heavy forces there and in a preparatory campaign had seized upon the Sea Islands and their defensive works at Beaufort and elsewhere. General Lee had already been sent thither to command and defend the coast, and there seemed no doubt that an active winter campaign was to occur in that region. I wanted to have a part in it, and to that end I sought and secured a transfer to a battery of field artillery which was under orders for the South.

As a matter of fact, the active campaign never came, and for many moons we led the very idlest life down there that soldiers in time of war ever led anywhere.

But the service, idle as it was, played greater havoc in our ranks than the most ceaseless battling could have done.

For example, we were sent one day from Charleston across the Ashley river, to defend a bridge over Wappoo Cut. We had a hundred and eight men on duty--all well and vigorous. One week later eight of them were dead, eight barely able to answer to roll call, and all the rest in hospital. In the meanwhile we had not fired a gun or caught sight of an enemy.

On another occasion we encamped in a delightful but pestilential spot, and for ten days afterward our men died at the rate of from two to six every twenty-four hours.

During the term of our service on that coast we were only once engaged in what could be called a battle. That was at Pocotaligo on the 22nd of October, 1862. In point of numbers engaged it was a very small battle, indeed, but it was the very hottest fight I was ever in, not excepting any of the tremendous struggles in the campaign of 1864 in Virginia. My battery went into that fight with fifty-four men and forty-five horses. We fought at pistol-shot range all day, and came out of the struggle with a tally of thirty-three men killed and wounded, and with only eighteen horses alive--all of them wounded but one.

General Beauregard with his own hand presented the battery a battle flag and authorized an inscription on it in memory of the event. In all that we rejoiced with as much enthusiasm as a company of ague-smitten wretches could command, but it is no wonder that our Virginia mountaineers took on a new lease of life when at last we were ordered to rejoin the Army of Northern Virginia, as a part of Longstreet's artillery.

XXX

[Sidenote: Left Behind]

At the end of the campaign of 1863 we found ourselves unhorsed. We had guns that we knew how to use, and caissons full of ammunition, but we had no horses to draw either the guns or the caissons. So when Longstreet was ordered south to bear a part in the campaign of Chickamauga, we were left behind. After a time, during which we were like the dog in the express car who had "chawed up his tag," we were assigned for the winter to General Lindsay Walker's command--the artillery of A. P. Hill's corps.

We belonged to none of the battalions there, and therefore had no field officers through whom to apply for decent treatment. For thirteen wintry days we lay at Lindsay's Turnout, with no rations except a meager dole of cornmeal. Then one day a yoke of commissary oxen, starved into a condition of hopeless anemia, became stalled in the mud near our camp. By some hook or crook we managed to buy those wrecks of what had once been oxen. We butchered them, and after twenty-four or thirty-six hours of continual stewing, we had meat again.

Belonging to no battalion in the corps to which we were attached, we were a battery "with no rights that anybody was bound to respect," and presently the fact was emphasized. We were appointed to be the provost company of the corps. That is to say, we had to build guardhouses and do all the duties incident to the care of military prisoners.

The arrangement brought welcome occupation to me. As Sergeant-Major I had the executive management of the military prisons and of everything pertaining to them. As a lawyer who could charge no fees without a breach of military etiquette, I was called upon to defend, before the courts-martial, all the more desperate criminals under our care. These included murderers, malingerers, robbers, deserters, and men guilty of all the other crimes possible in that time and country. They included no assailants of women. I would not have defended such in any case, and had there been such our sentinels would have made quick work of their disposal.

[Sidenote: A Gratuitous Law Practice]