"There are three vacancies on the bench of the Supreme Court.... I have so far forborne making nominations to fill these vacancies for reasons which I will now state. Two of the outgoing judges resided within the States now overrun by revolt; so that if successors were appointed in the same localities, they could not now serve upon their circuits; and many of the most competent men there probably would not take the personal hazard of accepting to serve, even here, upon the Supreme Bench. I have been unwilling to throw all the appointments northward, thus disabling myself from doing justice to the South on the return of peace; although I may remark that to transfer to the North one which has heretofore been in the South would not, with reference to territory and population, be unjust."[3] To comment upon behavior and motives so extraordinary is, perhaps, as needless as it is tempting. FOOTNOTES: [1] Also in the House Thaddeus Stevens and Lovejoy, and in the Senate Sumner, did not vote. [2] Lincoln's intimate personal and political friend, and afterward his biographer. [3] Annual Message to Congress, December, 1861. CHAPTER II THE SECOND ACT OF THE MCCLELLAN DRAMA It is time now to return to the theatre of war in Virginia, where, it will be remembered, we left the Confederate forces in the act of rapidly withdrawing southward from the line of intrenchments which they had so long held at Manassas. This unexpected backward movement upon their part deprived the Urbana route, which McClellan had hitherto so strenuously advocated, of its chief strategic advantages, and therefore reopened the old question which had been discussed between him and Mr. Lincoln. To the civilian mind a movement after the retreating enemy along the direct line to Richmond, now more than ever before, seemed the natural scheme. But to this McClellan still remained unalterably opposed. In the letter of February 3 he had said: "The worst coming to the worst, we can take Fort Monroe as a base and operate with complete security, although with less celerity and brilliancy of results, up the Peninsula." This route, low as he had then placed it in order of desirability, he now adopted as the best resource, or rather as the only measure; and his judgment was ratified upon March 13 by unanimous approval on the part of his four corps commanders. They however made their approval dependent upon conditions, among which were: that, before beginning the advance along this line, the new rebel ram Merrimac (or Virginia), just finished at Norfolk on the James River, should be neutralized, and that a naval auxiliary force should silence, or be ready to aid in silencing, the rebel batteries on the York River. In fact, and very unfortunately, the former of these conditions was not fulfilled until the time of its usefulness for this specific purpose was over, and the latter condition was entirely neglected. It was also distinctly stipulated that "the