Reminiscences of Sixty Years in Public Affairs, Vol. 2Boutwell, George S. (George Sewall)
History
Reminiscences of Sixty Years in Public Affairs, Vol. 2
Boutwell, George S. (George Sewall)
Boutwell, George S. (George Sewall), 1818-1905; United States -- Politics and government
In the early part of the controversy President Johnson insisted that
General Lee should be tried for treason. That purpose on the part of
the President was resisted by General Grant. His position, in his own
language, was this:
"I insisted on it that General Lee would not have surrendered his army
and given up all their arms if he had supposed that after surrender, he
was going to be tried for treason and hanged. I thought we got a very
good equivalent for the lives of a few leaders in getting all those
arms and getting themselves under control bound by the oaths to obey
the laws. That was the consideration, which I insisted upon, we had
received."
General Grant added:
"Afterwards he got to agreeing with me on that subject."
On the question of political rights as involved in the surrender and in
the parole, General Grant said:
"I never claimed that the parole gave those prisoners any political
right whatever. I thought that that was a matter entirely with
Congress, over which I had no control, that simply as general-in-chief
commanding the army, I had a right to stipulate for the surrender on
terms which protected their lives. The parole gave them protection and
exemption from punishment for all offences not in violation of the
rules of civilized warfare."
The point of difference between General Grant and President Johnson in
regard to the parole is very clear from General Grant's answers to
questions by Mr. Thomas and Mr. Eldridge.
"You have stated your opinion as to the rights and privileges of
General Lee and his soldiers; do you mean that to include any political
rights?"
"I have explained that I did not."
"Was there any difference of opinion on that point between yourself and
President Johnson at any time?"
"On that point there was no difference of opinion; but there was as to
whether the parole gave them any privileges or rights . . . He claiming
that the time must come when they would be tried and punished, and I
claiming that that time could not come except by a violation of their
parole."
Grant claimed also that the army that had surrendered to Sherman came
under the same rules.
These quotations give General Grant's standing as an interpreter of
public law and as a leader capable of applying the rules and principles
of public law to practical affairs. His training at West Point may
have given him a knowledge of principles and his good sense enabled him
to apply the principles in the terms that he dictated at Appomattox.
General Grant's natural qualities were such that with training he might
have succeeded in great causes involving principles, but he was not
adapted to the ordinary business of a county-court lawyer.
It is quite certain from the testimony of General Grant that Mr.
Lincoln had had in mind a scheme for the organization of the States
that had been in rebellion and that Mr. Johnson's proclamation for the
government of North Carolina was not a wide departure from that
scheme.
Public-domain text, read in full here on John Shaqi.
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