Abraham Lincoln - The Papers And Writings Of Abraham Lincoln — Volume 7 - 1863-1865

OPINION ON THE LOSS OF GENERAL R. H. MILROY'S DIVISION.

October 27, 1863.

In June last a division was substantially lost at or near Winchester, Va. At the time, it was under General Milroy as immediate commander in the field, General Schenck as department commander at Baltimore, and General Halleck as general-in-chief at Washington.

General Milroy, as immediate commander, was put in arrest, and subsequently a court of inquiry examined chiefly with reference to disobedience of orders, and reported the evidence.

The foregoing is a synoptical statement of the evidence, together with the judge-advocate-general's conclusions. The disaster, when it came, was a surprise to all. It was very well known to Generals Shenck and Milroy for some time before, that General Halleck thought the division was in great danger of a surprise at Winchester; that it was of no service commensurate with the risk it incurred, and that it ought to be withdrawn; but, although he more than once advised its withdrawal, he never positively ordered it. General Schenck, on the contrary, believed the service of the force at Winchester was worth the hazard, and so did not positively order its withdrawal until it was so late that the enemy cut the wire and prevented the order reaching General Milroy.

General Milroy seems to have concurred with General Schenck in the opinion that the force should be kept at Winchester at least until the approach of danger, but he disobeyed no order upon the subject.

Some question can be made whether some of General Halleck's dispatches to General Schenk should not have been construed to be orders to withdraw the force, and obeyed accordingly; but no such question can be made against General Milroy. In fact, the last order he received was to be prepared to withdraw, but not to actually withdraw until further order, which further order never reached him.

Serious blame is not necessarily due to any serious disaster, and I cannot say that in this case any of the officers are deserving of serious blame. No court-martial is deemed necessary or proper in the case.

A. LINCOLN.

EXECUTIVE MANSION, WASHINGTON, October 28, 1863.

GENERAL JOHN M. SCHOFIELD:

There have recently reached the War Department, and thence been laid before me, from Missouri, three communications, all similar in import and identical in object. One of them, addressed to nobody, and without place or date, but having the signature of (apparently) the writer, is a letter of eight closely written foolscap pages. The other two are written by a different person, at St. Joseph, Mo., and of the dates, respectively, October 12 and 13, 1863, and each inclosing a large number of affidavits. The general statements of the whole are that the Federal and State authorities are arming the disloyal and disarming the loyal, and that the latter will all be killed or driven out of the State unless there shall be a change. In particular, no loyal man who has been disarmed is named, but the affidavits show by name forty-two persons as disloyal who have been armed. They are as follows: [The names are omitted.]

A majority of these are shown to have been in the rebel service. I believe it could be shown that the government here has deliberately armed more than ten times as many captured at Gettysburg, to say nothing of similar operations in East Tennessee. These papers contain altogether thirty — one manuscript pages, and one newspaper in extenso, and yet I do not find it anywhere charged in them that any loyal man has been harmed by reason of being disarmed, or that any disloyal one has harmed anybody by reason of being armed by the Federal or State Government. Of course, I have not had time to carefully examine all; but I have had most of them examined and briefed by others, and the result is as stated. The remarkable fact that the actual evil is yet only anticipated — inferred — induces me to suppose I understand the case; but I do not state my impression, because I might be mistaken, and because your duty and mine is plain in any event. The locality of nearly all this seems to be St. Joseph and Buchanan County. I wish you to give special attention to this region, particularly on election day. Prevent violence from whatever quarter, and see that the soldiers themselves do no wrong.

Yours truly,

A. LINCOLN.

EXECUTIVE MANSION, WASHINGTON, D. C., October 28, 1863.

HON. ANDREW JOHNSON, Nashville, Tenn.: If not too inconvenient, please come at once and have a personal conversation with me.

A. LINCOLN.

AN ACT TO REGULATE THE DUTIES OF THE CLERK OF THE HOUSE OF REPRESENTATIVES IN PREPARING FOR THE ORGANIZATION OF THE HOUSE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that, before the first meeting of the next Congress, and of every subsequent Congress, the clerk of the next preceding House of Representatives shall make a roll of the Representatives elect, and place thereon the names of all persons, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States.

Approved March 3, 1863.

WASHINGTON, D.C., October 29, 1863.

HON. JAMES W. GRIMES.

MY DEAR SIR: — The above act of Congress was passed, as I suppose, for the purpose of shutting out improper applicants for seats in the House of Representatives; and I fear there is some danger that it will be used to shut out proper ones. Iowa, having an entire Union delegation, will be one of the States the attempt will be made, if upon any. The Governor doubtless has made out the certificates, and they are already in the hands of the members. I suggest that they come on with them; but that, for greater caution, you, and perhaps Mr. Harlan with you, consult with the Governor, and have an additional set made out according to the form on the other half of this sheet; and still another set, if you can, by studying the law, think of a form that in your judgment, promises additional security, and quietly bring the whole on with you, to be used in case of necessity. Let what you do be kept still.

Yours truly,

A. LINCOLN.

EXECUTIVE MANSION, WASHINGTON, D. C., October 30, 1863.

HON. F. F. LOWE, San Francisco, Cal.:

Below is an act of Congress, passed last session, intended to exclude applicants not entitled to seats, but which, there is reason to fear, will be used to exclude some who are entitled. Please get with the Governor and one or two other discreet friends, study the act carefully, and make certificates in two or three forms, according to your best judgement, and have them sent to me, so as to multiply the chances of the delegation getting their seats. Let it be done without publicity. Below is a form which may answer for one. If you could procure the same to be done for the Oregon member it might be well.

A. LINCOLN.

MAJOR-GENERAL MEADE, Army of Potomac:

Much obliged for the information about deserters contained in your dispatch of yesterday, while I have to beg your pardon for troubling you in regard to some of them, when, as it appears by yours, I had the means of answering my own questions.