Reminiscences of Sixty Years in Public Affairs Volume II Part 8

John Tyler was opposed to the administration of Mr. Van Buren, but he was opposed also to a national bank, which was then an accepted idea and an a.s.sured public policy of the Whig Party. Hence, it happened that when Mr. Tyler came to the Presidency, he resisted the attempt of Congress to establish a national bank, and by the exercise of the veto- power, on two occasions, he defeated the measure. This controversy caused the overthrow of the Whig Party, and it ended the contest in behalf of a United States bank.

In the case of John Tyler and in the case of Andrew Johnson there was an application, in dangerous excess, of a policy that prevails in all national conventions. When the nomination of a candidate for the Presidency has been secured, the dominant wing of the party turns to the minority with a tender of the Vice-Presidency. In 1880, when the nomination of General Garfield had been made, the selection of a candidate for the Vice-Presidency was tendered to the supporters of General Grant, and it was declined by more than one person.

Mr. Johnson never identified himself with the Republican Party; and neither in June, 1864, nor at any other period of his life, had the Republican Party a right to treat him as an a.s.sociate member. He was, in fact, what he often proclaimed himself to be--a Jacksonian Democrat.

He was a Southern Union Democrat. He was an opponent, and a bitter opponent, of the project for the dissolution of the Union, and a vindictive enemy of those who threatened its destruction.

His speeches in the Senate in the Thirty-sixth and the Thirty-seventh Congress were read and much approved throughout the North, and they prepared the way for the acceptance of his nomination as a candidate of the Republican Party in 1864.

Mr. Johnson was an earnest supporter of the Crittenden Compromise.

That measure originated in the House of Representatives. It was defeated in the Senate by seven votes and six votes of the seven came from the South. The provisions of the bill were far away from the ideals of Republicans generally, although the measure was sustained by members of the party. By that scheme the Fugitive Slave Law was made less offensive in two particulars, but the United States was to pay for fugitives from slavery whenever a marshal failed to perform his duty. As an important limitation of the powers of Congress, the abolition of slavery in the District of Columbia was to be dependent upon the consent of the States of Maryland and Virginia.

Mr. Johnson gave voice to his indignation when he spoke of the Southern men whose votes contributed to the defeat of the Crittenden Compromise.

"Who, then," said he, "has brought these evils upon the country? Whose fault is it? Who is responsible for it? With the help we had from the other side of the chamber, if all those on this side had been true to the Const.i.tution and faithful to their const.i.tuents, and had acted with fidelity to the country, the amendment of the Senator from New Hamps.h.i.+re could have been voted down. Whose fault was it? Who did it?

Southern traitors, as was said in the speech of the Senator from California. They did it. They wanted no compromise."

These extracts show the style of speech in which Mr. Johnson indulged, and they prove beyond question that in the winter of 1861 he had no sympathy with the Republican Party of 1856 and 1860. These facts explain, and in some measure they palliate, the peculiarities of his career, which provoked criticism and an adverse popular judgment when he came to the Presidency. Nor is there evidence within my knowledge that he ever denied the right of secession. However that may have been, he disapproved of the exercise of the right at all stages of the contest.

In the Thirty-sixth Congress Mr. Johnson proposed amendments to the Const.i.tution which gave him consideration in the North. By his proposition the Fugitive Slave Law was to be repealed, and in its place the respective States were to return fugitives or to pay the value of those that might be retained.

Slavery was to be abolished in the District of Columbia with the consent of Maryland and upon payment of the full value of the slaves emanc.i.p.ated. The Territories were to be divided between freedom and slavery. His scheme contemplated other changes not connected necessarily with the system of slavery. Of these I mention the election of President, Vice-President, Senators, and Judges of the Supreme Court by the people, coupled with a limitation of the terms of judges to twelve years.

The Crittenden Resolution contained these declarations of facts and policy:

1. The present deplorable war has been forced upon the country by the disunionists of the Southern States.

2. Congress has no purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the established rights of those States.

Upon a motion to include disunionists in the North under the first charge, Mr. Johnson voted in the negative with Sumner, Wilson, Wade, and other Republicans.

This brief survey of Mr. Johnson's Congressional career at the opening of the war may indicate the characteristics of his mind in controversy and debate, and furnish means for comprehending his actions in the troublous period of his administration.

Some conclusions are deducible from this survey. First of all it is to be said that he never a.s.sumed to be a member of the Republican Party. Next, I do not find evidence which will justify the statement that he was a disbeliever in the right of a State to secede from the Union. It is manifest that he was not an advocate of the doctrine of political equality as it came to be taught by the leaders of the Republican Party. When he became President, he was an opponent of negro suffrage.

This record, though not concealed, was not understood by the members of the convention that placed him in nomination for the second office in the country.

This a.n.a.lysis prepares the way for an extract from the testimony of Mr.

Stanley Matthews, who was afterwards a justice of the Supreme Court, and who was examined by the Judiciary Committee of the House of Representatives when engaged in investigating the doings of the President previous to his impeachment. Mr. Johnson was appointed Military Governor of Tennessee the third day of March, 1862. Colonel Matthews was provost-marshal at Nashville, where Johnson resided during his term as Governor. In that term Matthews and Johnson became acquainted. When Johnson was on his way to Was.h.i.+ngton to take the oath of office, he stopped at the Burnet House in Cincinnati. Matthews called upon him. Matthews had been a Democrat until the troubles in Kansas. In the conversation at the Burnet House Mr. Johnson made these remarks, after some personal matters had been disposed of. I quote from the testimony of Judge Matthews:

"I inquired as to the state of public feeling on political matters in Tennessee at that time. He remarked that very great changes had taken place since I had been there, that many of those who at first were the best Union men had turned to be the worst rebels, and that many of those who had originally been the worst rebels were now the best Union men. I expressed surprise and regret at what he said in reference to the matter.

"We were sitting near each other on the sofa. He then turned to me and said, 'You and I were old Democrats.' I said, 'Yes.' He then said, _'I will tell you what it is, if the country is ever to be saved, it is to be done through the old Democratic Party.'_

"I do not know whether I made any reply to that, or, if I did, what it was; and immediately afterwards I took my leave."

The larger part of this quotation is only important as leading up to the phrase that is emphasized, and which may throw light upon Mr.

Johnson's policy and conduct when he came to the Presidency.

This conversation occurred in the month of February, 1865, and it must be accepted as evidence, quite conclusive, that Mr. Johnson was then opposed to the policy of the Republican Party, whose honors he had accepted. In a party sense Mr. Johnson was not a Republican: he was a Union Democrat. He was opposed to the dissolution of the Union, but not necessarily upon the ground that the Union had a supreme right to exist in defiance of what is called "State sovereignty." This with the Republican Party was a fundamental principle. Under the influence of the principles of the old Democratic Party Mr. Johnson advanced to the Vice-Presidency, and while under the influence of the same idea he became President.

When the Republican Party came to power, the State of Maryland, that portion of Virginia now known as West Virginia, the State of Kentucky, and the State of Missouri were largely under the influence of sympathizers with the eleven seceding States of the South. It was necessary in Maryland, Kentucky, and Missouri to maintain the ascendency of the National Government by the exhibition of physical force, and in some instances by its actual exercise. Mr. Lincoln's policy in regard to the question of slavery was controlled, up to the month of July, 1862, by the purpose to conciliate Union slave-holders in the States mentioned. Of his measures I refer to the proposition to transfer the free negroes to Central America, for which an appropriation of $25,000 was made by Congress. Next, Congress pa.s.sed an act for the abolition of slavery in the District of Columbia upon the payment of three hundred dollars for each slave emanc.i.p.ated.

Without representing in his history or in his person the slave-holding interests of the South, Mr. Johnson was yet a Southern man with Union sentiments. The impression was received therefrom that his influence would be considerable in restraining, if not in conciliating slave- holders in what were called the "border States." These facts tended to his nomination for the Vice-Presidency. I have no means for forming an opinion that is trustworthy as to the position of Mr.

Lincoln in reference to the nomination of Mr. Johnson. His nomination may justify the impression that the Republican Party was in doubt as to its ability to re-elect Mr. Lincoln in 1864. From the month of July, 1862, to the nomination in 1864, I had frequent interviews with Mr.

Lincoln, and I can only say that, during the period when the result of the election was a subject of thought, he gave no intimation in the conversations that I had with him that the element of doubt as to the result existed in his mind.

From what has been said, the inference may be drawn that Mr. Johnson came to the Vice-Presidency in the absence of any considerable degree of confidence on the part of the Republican Party, although there were no manifestations of serious doubt as to his fitness for the place, or as to his fidelity to the principles of the party.

The incidents of the inauguration of Mr. Johnson in the Senate Chamber, and especially his speech on the occasion, which was directed, apparently, to the diplomatic corps, excited apprehensions in those who were present, and the confidence of the country was diminished materially concerning his qualifications for the office to which he had been elected. Without delay these apprehensions circulated widely, and they were deepened in the public mind by the a.s.sa.s.sination of Mr.

Lincoln and the elevation of Mr. Johnson to the Presidency.

The public confidence received a further serious shock by his proclamation of May 29, 1865, for the organization of a State government in North Carolina. That proclamation contained provisions in harmony with what has been set forth in this paper concerning the political principles of Mr. Johnson. First of all, he limited the franchise to persons "qualified as prescribed by the const.i.tution and laws of the State of North Carolina in force immediately before the 20th day of May, 1861, the date of the so-called Ordinance of Secession." This provision was a limitation of the suffrage, and it excluded necessarily the negro population of the State. It was also a recognition of the right of the State to reappear as a State in the Union. It was, indeed, an early a.s.sertion of the phrase which afterwards became controlling with many persons--"Once a State, always a State." He further recognized the right of the State to reappear as a State in the organization and powers of the convention which was to be called under the proclamation. As to that he said: "The convention when convened, or the legislature which may be thereafter a.s.sembled, will prescribe the qualification of electors and the eligibility of persons to hold office under the const.i.tution and laws of the State, a power the people of the several States composing the Union have rightfully exercised from the origin of the Government to the present time." There were further instructions given in the proclamation as to the duties of various officers of the United States to aid Governor Holden, who, by the same proclamation, was appointed "Provisional Governor of the State of North Carolina."

Upon the publication of this proclamation I was so much disturbed that I proceeded at once to Was.h.i.+ngton, but without any definite idea as to what could be done to arrest the step which seemed to me a dangerous step towards the re-organization of the Government upon an unsound basis. At that time I had had no conversation with Mr. Johnson, either before or after he came to the Presidency, upon any subject whatever.

The interview which I secured upon that visit was the sole personal interview that ever occurred between us. I called upon Senator Morrill of Vermont, and together we made a visit to the President. I spoke of the features of the proclamation that seemed to be objectionable. He said that "the measure was tentative" only, and that until the experiment had been tried no other proclamation would be issued. Upon that I said in substance that the Republican Party might accept the proclamation as an experiment, but that it was contrary to the ideas of the party, and that a continuance of the policy would work a disruption of the party. He a.s.sured us that nothing further would be done until the experiment had been tested. With that a.s.surance we left the Executive Mansion.

On the 13th day of June, 1865, a similar proclamation was issued in reference to the State of Mississippi, and on the 17th of June, corresponding proclamations were issued in reference to the States of Georgia, Texas, Alabama, South Carolina, and Florida. In each State a person was named as Provisional Governor. This action led to a division of the party and to its subsequent reorganization against the President's policy.

In his letter of acceptance of the nomination made by the Union Convention, Mr. Johnson endorsed, without reserve, the platform that had been adopted. The declarations of the platform did not contain a reference to the reorganization of the Government in the event of the success of the Union arms. The declarations were enumerated in this order: the Union was to be maintained; the war was to be prosecuted upon the basis of an unconditional surrender of the rebels; and slavery, as the cause of the war, was to be abolished. The added resolutions related to the services of the soldiers and sailors, and to the policy of Abraham Lincoln as President. It was further declared that the public credit should be maintained, that there should be a vigorous and just system of taxes, and that the people would view with "extreme jealousy," and as enemies to the peace and independence of the country, the efforts of any power to obtain new footholds for monarchical government on this continent. Such being the character of the platform, it cannot be said that Mr. Johnson challenged its declarations in the policy on which he entered for the reorganization of the Government. In Mr. Johnson's letter of acceptance he preserved his relations to the Democrats by the use of this phrase: "I cannot forego the opportunity of saying to my old friends of the Democratic Party proper, with whom I have so long and pleasantly been a.s.sociated, that the hour has come when that great party can justly indicate its devotion to the Democratic policy in measures of expediency."

The controversy with Mr. Johnson had its origin in the difference of opinion as to the nature of the Government. That difference led him to the conclusion that the rebellion had not worked any change in the legal relations of the seceding States to the National Government. His motto was this: "Once a State, always a State," whatever might be its conduct either of peace or war. There were, however, differences of opinion among those who adhered to the Republican Party. Mr. Stevens, who was a recognized, if not the recognized, leader of the Republican Party, advocated the doctrine that the eleven States were to be treated as enemy's territory, and to be governed upon whatever system might be acceptable to the States that had remained true to the Union. Mr.

Sumner maintained the doctrine that the eleven States were Territories, and that they were to be subject to the General Government until Congress should admit the several Territories as State organizations.

The fourth day of May, 1864, I presented a series of resolutions in the House of Representatives, in which I a.s.serted this doctrine: The communities that have been in rebellion can be organized into States only by the will of the loyal people expressed freely and in the absence of all coercion; that States so organized can become States of the American Union only when they shall have applied for admission and their admission shall have been authorized by the existing National Government. A small number of persons who were identified with the Republican Party sustained the policy of Mr. Johnson. Others were of the opinion that the eleven States were out of their proper relation to the Union, as was declared by Mr. Lincoln in his last speech, and that they could become members of the American Union only by the organized action of each, and the concurrent action of the existing National Government. The Government was reorganized without any distinct declaration upon the question whether the States that had been in rebellion were to be treated as enemy's territory, or as Territories according to the usage of former times. The difference of opinion was a vital one with Mr. Johnson. Whatever view may be taken of his moral qualities, it is to be said that he was not deficient in intellectual ability, that his courage pa.s.sed far beyond the line of obstinacy, and that from the first to last he was prepared to resist the claims of the large majority of the Republican Party. The issue began with his proclamation of May, 1865, and the contest continued to the end of his term. The nature of the issue explains the character and violence of his speeches, especially that of the twenty-second day of February, 1866, when he spoke of Congress as a "body hanging on the verge of the Government."

In the many speeches which he delivered in his trip through the West, he made distinct charges against Congress. He was accompanied by Mr.

Seward, General Grant, Admiral Farragut, and some others. In a speech at Cleveland, Ohio, he said, among other things, "I have called upon your Congress, which has tried to break up the Government." Again, in the same speech he said, "I tell you my countrymen, that although the powers of Thad Stevens and his gang were by, they could not turn me from my purpose. There is no power that can turn me, except you and the G.o.d who put me into existence." He charged, also, that Congress had taken great pains to poison their const.i.tuents against him. "What had Congress done? Had they done anything to restore the Union in those States? No; on the contrary, they had done everything to prevent it."

In a speech made at St. Louis, Missouri, September 8, 1866, Mr. Johnson discussed the riot at New Orleans.* In that speech he said, "If you will take up the riot in New Orleans, and trace it back to its source, or its immediate cause, you will find out who was responsible for the blood that was shed there. If you will take up the riot at New Orleans and trace it back to the radical Congress, you will find that the riot at New Orleans was substantially planned." After some further observations, he says: "Yes, you will find that another rebellion was commenced, having its origin in the radical Congress."

These extracts from Mr. Johnson's speeches should be considered in connection with his proclamations of May, June, and July, 1865. They are conclusive to this point: that he had determined to reconstruct the Government upon the basis of the return of the States that had been engaged in the rebellion without the imposition of any conditions whatsoever, except such as he had imposed upon them in his proclamations. In fine, that the Government was to be re-established without the authority or even the a.s.sent of the Congress of the United States. In his proclamations he made provision for the framing of const.i.tutions in the respective States, their ratification by the people, excluding all those who were not voters in April, 1861, and for the election of Senators and Representatives to the Congress of the United States without the a.s.sent of the Representatives of the existing States.

When I arrived in Was.h.i.+ngton to attend the meeting of Congress at the December session, 1866, I received a note from Mr. Stanton asking me to meet him at the War Office with as little delay as might be practicable. When I called at the War Office, he beckoned me to retire to his private room, where he soon met me. He then said that he had been more disturbed by the condition of affairs in the preceding weeks and months than he had been at any time during the war. He gave me to understand that orders had been issued to the army of which neither he nor General Grant had any knowledge. He further gave me to understand also that he apprehended an attempt by the President to re-organize the Government by the a.s.sembling of a Congress in which the members from the seceding States and the Democratic members from the North might obtain control through the aid of the Executive. He then said that he thought it necessary that some act should be pa.s.sed by which the power of the President might be limited. Under his dictation, and after such consultation as seemed to be required, I drafted amendments to the Appropriation Bill for the Support of the Army, which contained the following provisions: The headquarters of the General of the Army were fixed at Was.h.i.+ngton, where he was to remain unless transferred to duty elsewhere by his own consent or by the consent of the Senate. Next, it was made a misdemeanor for the President to transmit orders to any officer of the army except through the General of the Army. It was also made a misdemeanor for any officer to obey orders issued in any other way than through the General of the Army, knowing that the same had been so issued. These provisions were taken by me to Mr. Stevens, the chairman of the Committee on Appropriations. After some explanation, the measure was accepted by the committee and incorporated in the Army Appropriation Bill. The bill was approved by the President the second day of March, 1867. His approval was accompanied by a protest on his part that the provision was unconst.i.tutional, and by the statement that he approved the bill only because it was necessary for the support of the army.

At the time of my interview with Mr. Stanton, I was not informed fully as to the events that had transpired in the preceding months, nor can I say now that everything which had transpired of importance was then known to Mr. Stanton. The statement that I am now to make was derived from conversations with General Grant. At a time previous to the December session of 1866, the President said to General Grant, "I may wish to send you on a mission to Mexico." General Grant replied, "It may not be convenient for me to go to Mexico." Little, if anything, further was said between the President and General Grant. At a subsequent time General Grant was invited to a Cabinet meeting. At that meeting Mr. Seward read a paper of instruction to General Grant as Minister of some degree to Mexico. The contents of the paper did not impress General Grant very seriously, for in the communication that he made to me he said that "the instructions came out very near where they went in." At the end of the reading General Grant said, "You recollect, Mr. President, I said it would not be convenient for me to go to Mexico." Upon that a conversation followed, when the President became heated, and rising from his seat, and striking the table with some force, he said "Is there an officer of the army who will not obey my instructions?" General Grant took his hat in his hand, and said, "I am an officer of the army, but I am a citizen also; and this is a civil service that you require of me. I decline it." He then left the meeting. It happened also that previous to this conversation the President had ordered General Sherman, who was in command at Fort Leavenworth, to report at Was.h.i.+ngton. General Sherman obeyed the order, came to Was.h.i.+ngton, and had a conference with General Grant before he reported to the President. In that situation of affairs General Sherman was sent to Mexico upon the mission which had been prepared for General Grant.

The suggestion that Mr. Johnson contemplated the re-organization of the Government by the admission of the States that had been in rebellion, and by the recognition of Senators and Representatives that might be a.s.signed from those States, received support from the testimony given by Major-General William H. Emory, and also from the testimony of General Grant. In the latter part of the year 1867 and the first part of the year 1868, General Emory was in command of the Department of Was.h.i.+ngton. When he entered upon the command, he called upon the President. A conversation, apparently not very important, occurred between them, as to the military forces then in that department. In February, 1868, the President directed his secretary to ask General Emory to call upon him as early as practicable. In obedience to that request General Emory called on the twenty-second day of February. The President referred to the former conversation, and then inquired whether any changes had been made, and especially within the recent days, in the military forces under Emory's command. In the course of the conversation growing out of these requests for information, General Emory referred to an order which had then been recently issued which embodied the provisions of the act of March, 1867, in regard to the command of the army and the transmission of orders. The President then said to Emory:

"What order do you refer to?"

In reply Emory said: "Order No. 17 of the Series of 1867."

The order was produced and read by the President, who said:

"This is not in conformity with the Const.i.tution of the United States, that makes me commander-in-chief, or with the terms of your commission."

General Emory said: "That is the order which you have approved and issued to the army for our government."

The President then said: "Am I to understand that the President of the United States cannot give an order except through the head of the army, or General Grant?"

In the course of the conversation, General Emory informed the President that eminent lawyers had been consulted, that he had consulted Robert J. Walker, and that all of the lawyers consulted had expressed the opinion that the officers of the army were bound by the order whether the statute was const.i.tutional or unconst.i.tutional.