Military Reminiscences of the Civil War Volume I Part 20

Stanton, which practically revoked the whole of his Order No. 38 by directing him not to arrest civilians or suppress newspapers without conferring first with the War Department. This would have been very well if it had been done at the beginning; but to have it come after political pressure from the outside, and in so marked contradiction to the approval first expressed, shows that there was no well-considered policy. It put Burnside himself in an intolerable position, and, of course, made him decline further responsibility for such affairs in his department. [Footnote: I do not find in the Official Records the letter of Mr. Stanton above referred to; but I speak of it from a written memorandum I made at the time.]

The whole question as to the right and the policy of military arrests and orders in such a time bristles with difficulties. Had I been consulted before Burnside took action, I should have advised him to collect carefully the facts and report them to Was.h.i.+ngton, asking for specific instructions. The subject called for directions which would be applicable in all the military departments which included States out of the theatre of active warlike operations; and such general directions should be given by the government. But Burnside was apt to act impulsively, and his impulse was to follow the bent of his ardent patriotism. He was stirred to burning wrath by what seemed to him an intent to give aid and comfort to the rebellion, and meant to punish such conduct without stopping to ask what complications might come of it.

I had found it desirable to form a judgment of my own with reference to the extent or limitation of military authority in the actual circ.u.mstances, and I quote the form in which I then cast it, so that I may not seem to be giving opinions formed after my own military duties were ended. I concluded, "First: That martial law operates either by reason of its proclamation by competent authority, or _ex necessitate rei_ in the immediate theatre of military operations.

Second; That when the struggle is in the nature of a revolution, and so long as the attempted revolution is in active progress, no definite limits can be given to the 'theatre of operations,' but the administration must be regarded as possessing a limited discretionary power in the use of martial law." As to the practical application of this power, "the presumptions are always in favor of the established civil law of the land, whenever and wherever it has a reasonable chance of un.o.bstructed operation. In a State or portion of the country not the theatre of actual fighting, and where the civil courts are actually organized and working, there must be some strong reason for sending criminals or State prisoners before a military tribunal; such as that the government had reason to believe that a conspiracy was so powerful as to make an actual present danger of its overthrowing the loyal governments in some of the States before the civil courts could act in the ordinary process of business. In such a case, the arrest and admission to bail of the conspirators might be only the signal for their adherents to seize the reins of civil power, overthrow the courts, and consummate a revolution. The quick and summary action of military power would then be the only thing which could avert the danger. The justification of the use of a military tribunal depends on the existence of 'probable cause' for believing the public danger to be great."

I see no reason to change the form of stating the principle I then adopted. The limitations given it seem sufficient to secure proper caution in applying it, and will show that I thought then, as I do now, that the administration ought to have laid down rules by which the commandants of military departments could be guided, and which would have saved us from the weakness of acting with seeming vigor on one day, only to retreat from our position the next.

In Vallandigham's case the common argument was used by his friends that he was not exceeding a lawful liberty of speech in political opposition to the administration. When, however, a civil war is in progress, it is simply a question of fact whether words used are intended to give aid and comfort to the enemy and are evidence of conspiracy with the public enemy. If so, it is too clear for argument that the overt acts of the enemy are brought home to all who combine and confederate with them, and all are involved in the same responsibility. This question of fact and intent was officially settled by the findings of the military court. But there was another connection of the speech with overt acts, which the public mind took firm hold of. Among the most incendiary of Vallandigham's appeals had been those which urged the people to resist the provost-marshals in the several districts. It is nonsense to say that resisting the draft or the arrest of deserters only meant voting for an opposition party at the elections. There had been armed and organized resistance to arrest of deserters in n.o.ble County just before his speech, and soon after it there was a still more formidable armed organization with warlike action against the enrolling officers in Holmes County, in the same region in which the speech was made. This last took the form of an armed camp, and the insurgents did not disperse till a military force was sent against them and attacked them in fortified lines, where they used both cannon and musketry.

It did not seem plausible to the common sense of the people that we could properly charge with volleying musketry upon the barricades of the less intelligent dupes, whilst the leader who had incited and counselled the resistance was to be held to be acting within the limits of proper liberty of speech. Law and common sense are entirely in harmony in regarding the conspiracy as a unit, the speech at Mount Vernon and the armed collision on the Holmes County hill being parts of one series of acts in which the instigator was responsible for the natural consequences of the forces he set in motion.

To complete the judicial history of the Vallandigham case, it may be said that he applied to the Supreme Court of the United States a few months afterward for a writ to revise and examine the proceedings of the military commission and to determine their legality. The court dismissed his application on the ground that the writ applied for was not a legal means of bringing the proceedings of the military court under review. The charges and specifications and the sentence were all set forth in the application, so that the court was made officially aware of the full character of the case. This was naturally accepted at the time as practically sustaining the action of the President and General Burnside. When, however, the war was over, there was taken up to the Supreme Court the case of Milligan from Indiana, who had been condemned to death for treasonable conduct in aid of the rebellion, done as a member of the Knights of the Golden Circle, an organization charged with overt acts in attempting to liberate by force the Confederate prisoners of war in the military prisons, and otherwise to a.s.sist the rebellion. The current public sentiment in regard to executive power had unquestionably changed with the return to peace, and Lincoln having been a.s.sa.s.sinated and Johnson being in the presidential chair, the tide was running strongly in favor of congressional rather than executive initiative in public affairs. It cannot be denied that the court responded more or less fully to the popular drift, then as in other important historical junctures. In the opinion as delivered by Judge Davis, it went all lengths in holding that the military commission could not act upon charges against a person not in the military service, and who was a citizen of the State where tried, when in such State the civil courts were not actually suspended by the operations of war. Chief Justice Chase and three of the justices thought this was going too far, and whilst concurring in discharging Milligan, held that Congress could authorize military commissions to try civilians in time of actual war, and that such military tribunals might have concurrent jurisdiction with the civil courts.

[Footnote: Ex parte Vallandigham, Wallace's Reports, i. 243. Ex parte Milligan, _Id_., iv. 2, etc.]

We must not forget that whilst the judicial action determines the rights of the parties in a suit, the executive has always a.s.serted his position as an independent co-ordinate branch of the government, authorized by the Const.i.tution to determine for himself, as executive, his duties, and to interpret his powers, subject only to the Const.i.tution as he understands it. Jefferson, Jackson, and Lincoln in turn found themselves in exigencies where they held it to be their duty to decide for themselves on their high political responsibility in matters of const.i.tutional power and duty. Lincoln suspended the privilege of _habeas corpus_ by his own proclamation, and adhered to his view, although Judge Taney in the Circuit Court for Maryland denied his power to do so. When Congress pa.s.sed a regulating act on the subject which seemed to him sufficient, he signed the statute because he was quite willing to limit his action by the provisions embodied in it, and not because he thought the act necessary to confer the power.

An incident in the history of the treasonable organizations believed to exist in Indiana emphasizes the change of mental att.i.tude of Judge Davis between 1863 and 1866. During the progress of the Vallandigham case, General Burnside conceived a distrust of the wisdom of the course pursued by Brigadier-General Carrington, who commanded at Indianapolis, and sent Brigadier-General Hascall there to command that district. Carrington had been the right hand of Governor Morton in ferreting out the secrets of the Golden Circle, and applying Order No, 38 to them, but Burnside's lack of confidence in the cool-headed caution and judgment of his subordinate led him to make the change. Hascall was a brave and reliable Indiana officer, who had seen much active field service, and with whom I was a.s.sociated in the Twenty-third Corps during the Atlanta campaign. He was ardently loyal, but an unexcitable, matter-of-fact sort of person. He did not suit Governor Morton, who applied to the Secretary of War to have him removed from command, declaring that immediate action was important. Judge Davis, who was in Indianapolis, was induced to co-operate with the governor in the matter, and telegraphed to Mr. Stanton that Hascall's removal was demanded by the honor and interests of the government. [Footnote: Official Records, vol. xxiii. pt. ii. p.369. See also _Id_., p.194.]

Hascall was sent to the field, and after a short interval Carrington was restored to duty at Indianapolis. In the continued investigation and prosecution of the Golden Circle, and finally in the trial of Milligan, General Carrington was, under Governor Morton, the most active instrument; and it was, of course, to keep him at work on that line that the changes in command were secured. Yet it was the fruit of this very work of Carrington that was so strongly and sweepingly declared to be illegal by the Supreme Court, Judge Davis himself delivering the opinion and going beyond the chief-justice and others in denying all power and authority to military courts in such cases. Had Mr. Lincoln lived, he would no doubt have avoided any question before the Supreme Court in regard to his authority, by pardoning Milligan as he granted amnesty to so many who had been active in the rebellion. But Mr. Johnson was so much hampered by his quarrel with Congress over reconstruction that he was disposed to avoid interference with criminal cases where his action could subject him to the charge of sympathy with the accused. He carefully abstained from meddling with Jefferson Davis as he did with Milligan, and left the responsibility with the courts.

The final development of the investigation of the Society of the Golden Circle took place after I had again obtained a field command, and I was glad to have no occasion to form a personal judgment about it. The value of evidence collected by means of detectives depends so greatly on the character of the men employed and the instructions under which they act, that one may well suspend judgment unless he has more than ordinarily full knowledge on these points. The findings of the military commission must stand as a _prima facie_ historical determination of the facts it reported, and the burden of proof is fairly upon those who a.s.sert that the conclusions were not sustained by trustworthy evidence.

I have mentioned the open resistance to the draft and to the arrest of deserters in n.o.ble and in Holmes counties. The first of these was scarcely more than a petty riotous demonstration, which melted away before the officers as soon as they were able to show that they were backed by real power. The second looked for a time more formidable, and a.s.sumed a formal military organization. Governor Tod issued a proclamation warning the offenders of the grave consequences of their acts, and exhorting them for their own sake and the sake of their families to disperse and obey the laws. I directed General Mason at Columbus to be sure, if military force had to be used, that enough was concentrated to make stubborn resistance hopeless. The insurgents maintained a bold face till the troops were close upon them; but when they saw a strong line of infantry charging up toward the stone fences on the hillside where they had made their camp, and heard the whistling of bullets from the skirmishers, their courage gave way and they fled, every man for himself. Only two or three were seriously wounded, and comparatively few arrests were made.

[Footnote: Official Records, vol. xxiii. pt. i. pp.395-397.]

Submission to law was all that was demanded, and when this was fully established, the prisoners were soon released without further punishment. The fear of further prosecutions operated to preserve the peace, and the men who had been allowed to go at large were a guaranty, in effect, for the good behavior of the community.

Before dropping the subject, I may properly add that the arrest of Mr. Vallandigham very naturally raised the question how far we were willing to go in bringing disloyal men before the military courts.

Prominent citizens, and especially men in official position, often found themselves urged to ask for the arrest of the more outspoken followers of Vallandigham in every country neighborhood. In answer to inquiries which had come through the Hon. Martin Welker, [Footnote: Afterward for many years Judge of the U. S. District Court for northern Ohio.] member of Congress for the Wayne County district, I wrote him a letter which shows the efforts we made to be prudent and to avoid unnecessary collisions. Judge Welker had served as Judge Advocate on my staff in the three months' service in the spring of 1861, and my intimacy with him made me speak as to our policy without reserve.

"We are hopeful," I wrote, "now that the United States Circuit Court has refused to release Mr. Vallandigham on _habeas corpus_, that his followers will take warning and that their course will be so modified that there may be no occasion to make many more arrests.

"I am persuaded that our policy should be to repress disloyalty and sedition at home rather by punishment of prominent examples than by a general arrest of all who may make themselves obnoxious to General Order No. 38, as the latter course will involve a more frequent application of military authority than we choose to resort to, unless circ.u.mstances should make it imperatively necessary... I am full of hope that the seditious designs of bad men will fail by reason of the returning sense of those who have been their dupes, and that the able and patriotic opinion of Judge Leavitt in the _habeas corpus_ case will cause great numbers to take positive ground in favor of the government, who have hitherto been more or less under the influence of our northern traitors. If such shall be the result we can afford to overlook bygones, and I am inclined to await the development of public sentiment before following up Vallandigham's arrest by many others."

This letter was written before the Secretary of War made any limitation of Burnside's authority in enforcing his famous order, and shows that in the District of Ohio, at least, there was no desire to set up a military despotism, or to go further in applying military methods to conduct in aid of the rebellion than we might be forced to go.

Burnside's action in suppressing disloyal newspapers was not peculiar to himself. General Wright, his predecessor, had done the same, and other military commandants, both before and after and in other parts of the country, had felt obliged to take the same course. These facts only make more clear the desirability of a well-considered system of action determined by the government at Was.h.i.+ngton, and applicable to all such cases.

CHAPTER XXIII

BURNSIDE AND ROSECRANS--THE SUMMER'S DELAYS

Condition of Kentucky and Tennessee--Halleck's instructions to Burnside--Blockhouses at bridges--Relief of East Tennessee--Conditions of the problem--Vast wagon-train required--Scheme of a railroad--Surveys begun--Burnside's efforts to arrange co-operation with Rosecrans--Bragg sending troops to Johnston--Halleck urges Rosecrans to activity--Continued inactivity--Burnside ordered to send troops to Grant--Rosecrans's correspondence with Halleck--Lincoln's dispatch--Rosecrans collects his subordinates' opinions--Councils of war--The situation considered--Sheridan and Thomas--Computation of effectives--Garfield's summing up--Review of the situation when Rosecrans succeeded Buell--After Stone's River--Relative forces--Disastrous detached expeditions--Appeal to ambition--The major-generals.h.i.+p in regular army--Views of the President justified--Burnside's forces--Confederate forces in East Tennessee--Reasons for the double organization of the Union armies.

Burnside was not a man to be satisfied with quasi-military duty and the administration of a department outside of the field of active warfare. He had been reappointed to the formal command of the Ninth Corps before he came West, and the corps was sent after him as soon as transportation could be provided for it. He reached Cincinnati in person just as a raid into Kentucky by some 2000 Confederate cavalry under Brigadier-General John Pegram was in progress. Pegram marched from East Tennessee about the middle of March, reaching Danville, Ky., on the 23d. He spread reports that he was the advance-guard of a large force of all arms intending a serious invasion of the State.

These exaggerations had their effect, and the disturbance in the Department of the Ohio was out of proportion to the strength of the hostile column. [Footnote: Letter of Governor Robinson, Official Records, vol. xxiii. pt. ii. p. 97; _Id_., pp. 121, 126.] The troops belonging to the post at Danville retreated to the hither side of the Kentucky River at Hickman's Bridge, where they took up a defensive position. They saved the railway bridge from destruction, and Brigadier-General Quincy A. Gillmore, who commanded the District of Central Kentucky with headquarters at Lexington, was able to concentrate there a sufficient force to resume the offensive against Pegram.

Burnside ordered reinforcements to Gillmore from the other parts of Kentucky, and Pegram, whose report indicates that a foray for beef, cattle, and horses was the princ.i.p.al object of his expedition, commenced his retreat. Gillmore followed him up vigorously, recapturing a considerable part of the cattle he had collected, and overtaking his princ.i.p.al column at Somerset, routed him and drove him beyond the c.u.mberland River.

The month of March had begun with pleasant spring weather, and on the 15th General Wright had written to Halleck that an invasion of Kentucky was probable, especially as Rosecrans showed no signs of resuming the aggressive against Bragg's army in middle Tennessee.

[Footnote: _Id_., p. 143.] In Halleck's letter of instructions to Burnside as the latter was leaving Was.h.i.+ngton to relieve Wright, the general plan of an advance on East Tennessee in connection with that of Rosecrans toward Chattanooga was outlined, but the General-in-Chief acknowledged that the supply of an army in East Tennessee by means of the wagon roads was probably impracticable.

[Footnote: _Id_., p. 163.] He pointed out the necessity of reducing the number and size of garrisons in the rear, and making everything bend to the great object of organizing the army for active initiative against the enemy. He recommended building block-houses to protect the princ.i.p.al bridges on the railroads, where very small garrisons could give comparative security to our lines of communication. This plan was ultimately carried out on a large scale, and was the necessary condition of Sherman's Atlanta campaign of 1864. Taken as a whole, Halleck's instructions to Burnside presented no definite objective, and were a perfunctory sort of introduction to his new command, which raises a doubt whether the organization of a little army in the Department of the Ohio met his approval.

The fact was that Burnside was acting on an understanding with President Lincoln himself, whose ardent wish to send a column for the relief of the loyal people of East Tennessee never slumbered, and who was already beginning to despair of its accomplishment by Rosecrans's army. The uneasiness at Was.h.i.+ngton over Rosecrans's inaction was becoming acute, and Mr. Lincoln was evidently turning to Burnside's department in hope of an energetic movement there. In this hope Burnside was sent West, and the Ninth Corps was detached from the Army of the Potomac and sent after him. The project of following up his advance by the construction of a railroad from Danville, then the terminus of the railway line reaching southward from Cincinnati, was discussed, and the President recommended it to Congress, but no appropriation of money was made. The scheme was hardly within the limits of practicable plans, for the building of a railway through such difficult country as the c.u.mberland mountain region implied laborious engineering surveys which could only be made when the country was reduced to secure possession, and the expenditure of time as well as of money would be likely to exceed the measure of reasonable plans for a military campaign. The true thing to do was to push Rosecrans's army to Chattanooga and beyond.

With the valley of the Tennessee in our possession, and Chattanooga held as a new base of supply for a column in East Tennessee as well as another in Georgia, the occupation of Knoxville and the Clinch and Holston valleys to the Virginia line was easy. Without it, all East Tennessee campaigns were visionary. It was easy enough to get there; the trouble was to stay. Buell's original lesson in logistics, in which he gave the War Department a computation of the wagons and mules necessary to supply ten thousand men at Knoxville, was a solid piece of military arithmetic from which there was no escape. [Footnote: _Ante_, p. 199. Official Records, vol. vii. p.

931.]

When Burnside reached Cincinnati and applied himself practically to the task of organizing his little army for a march over the mountains, his first requisitions for wagons and mules were a little startling to the Quartermaster-General and a little surprising to himself. He began at once an engineering reconnoissance of the country south of Lexington and Danville, as far as it was within our control, and employed an able civil engineer, Mr. Gunn, to locate the preliminary line for a railway. [Footnote: _Id_., vol. xxiii.

pt. ii. p. 610.] These surveys were the starting-points from which the actual construction of the road between Cincinnati and Chattanooga was made after the close of the war.

Burnside also urged that the troops in Kentucky, exclusive of the Ninth Corps, be organized into a new corps with General Hartsuff as its commander. [Footnote: _Id_., p. 259.] Halleck demurred to this, but the President directed it to be done, and the order was issued by the War Department on 27th April. [Footnote: _Id_., pp. 269, 283, 400.] Burnside also applied himself earnestly to procuring from Rosecrans a plan of active co-operation for an advance. As soon as Hartsuff a.s.sumed command of the new Twenty-third Corps, Burnside sent him, on May 3d, to visit Rosecrans in person, giving him authority to arrange an aggressive campaign. [Footnote: _Id_., p.

312.] Hartsuff's old relations to Rosecrans made him a very fit person for the negotiation. Rosecrans hesitated to decide, and called a council of his princ.i.p.al officers. He suggested that the Ninth Corps be sent down the Louisville and Nashville Railroad to Glasgow, near the Tennessee line, but did not indicate any immediate purpose of advancing. [Footnote: Official Records, vol. xxiii. pt.

ii. pp. 313, 315.] Burnside meant to take the field with both corps of his command, which he had organized under the name of the Army of the Ohio; but to rea.s.sure Rosecrans, he wrote that if in co-operation the two armies should come together, he would waive his elder rank and serve under Rosecrans whilst he should remain in middle Tennessee. [Footnote: _Id_., p. 331.] It was now the 15th of May, and he sent a confidential staff officer again to Rosecrans to try to settle a common plan of operations. On the 18th Halleck had heard of Bragg's army being weakened to give General Joseph E.

Johnston a force with which to relieve Pemberton at Vicksburg, and he became urgent for both Rosecrans and Burnside to advance.

[Footnote: _Id_., p. 337.] He thought it probable that raids would be attempted by the enemy to distract attention from his real object, and pointed out concentration and advance as the best way to protect the rear as well as to reach the enfeebled adversary.

Burnside hastened in good faith his preparations for movement. He was collecting a pack mule train to supply the lack of wagons, and put his detachments in motion to concentrate. He begged for the third division of his corps (Getty's), which had been detained in the Army of the Potomac and could not yet be spared, but did not wait for it. [Footnote: _Id_., p. 338.] By the 1st of June he was ready to leave in person for the front, and on the 3d was at Lexington, definitely committed to the movement into East Tennessee.

There he was met by an order from Halleck to send 8000 men at once to reinforce General Grant at Vicksburg. [Footnote: _Id_., p. 384.]

The promise was made that they should be returned as soon as the immediate exigency was over, but the order was imperative. Burnside never hesitated in obedience. The two divisions of the Ninth Corps made about the number required, and they were immediately turned back and ordered to the Ohio River to be s.h.i.+pped on steamboats.

Sorely disappointed, Burnside asked that he might go with his men, but was told that his departmental duties were too important to spare him from them. [Footnote: Official Records, vol. xxiii. pt.

ii. pp. 384, 386.] Major-General Parke was therefore sent in command of the corps. Burnside returned to Cincinnati, grieving at the interruption of his plans, yet hoping it would not be for long. His duties at the rear were not agreeable, especially as this was just the time when he was directed to recall his order suppressing disloyal newspapers, and to refrain from arrests of civilians without explicit authority from Was.h.i.+ngton.

We may safely a.s.sume that the President and his War Secretary were as little pleased at having to order the Ninth Corps away as Burnside was to have them go. In fact the order was not made till they entirely despaired of making Rosecrans advance with the vigor necessary to checkmate the Confederates. On the receipt of Halleck's dispatch of the 18th May, Rosecrans entered into a telegraphic discussion of the probable accuracy of Halleck's information, saying that whatever troops were sent by the enemy to Mississippi were no doubt sent from Charleston and Savannah and not from Bragg.

[Footnote: _Id_., p. 337.] He insisted that it was not good policy to advance at present. On the 21st he said, "If I had 6000 cavalry in addition to the mounting of the 2000 now waiting horses, I would attack Bragg within three days." [Footnote: _Id_., p. 351.] He also interposed the unfavorable judgment of his corps commanders in regard to an advance. Military history shows that this is pretty uniformly an excuse for a delay already fully resolved on by a commanding general. Halleck had no more cavalry to send, and could only say so. Burnside notified Rosecrans on the 22d that his columns had begun the movements of concentration and that they would be complete in three or four days. [Footnote: Official Records, vol.

xxiii. pt. ii. p. 355.] On the 28th Mr. Lincoln himself telegraphed Rosecrans, "I would not push you to any rashness, but I am very anxious that you do your utmost, short of rashness, to keep Bragg from getting off to help Johnston against Grant." [Footnote: _Id_., p. 369.] Rosecrans curtly answered, "Dispatch received. I will attend to it." In his dispatches to Mr. Stanton of similar date there is no intimation of any purpose whatever to move. [Footnote: _Ibid_.] In telegraphing to Burnside, Rosecrans said that he was only waiting for the development of the former's concentration, and that he wished to advance by the 4th of June. [Footnote: _Id_., pp.

372, 376.] Burnside had already informed him that he would be ready by June 2d, and repeated it. On the date last named Rosecrans telegraphed Burnside that his movement had already begun, and that he wanted the Army of the Ohio to come up as near and as quickly as possible. [Footnote: _Id_., p. 381.] Still he gave no intimation to the authorities at Was.h.i.+ngton of an advance, for none had in fact been made by his army, nor even of any near purpose to make one. On June 3d, Halleck telegraphed him: "Accounts received here indicate that Johnston is being heavily reinforced from Bragg's army. If you cannot hurt the enemy now, he will soon hurt you." He followed this by his dispatch to Burnside ordering reinforcements to be sent to Grant, and the remainder of the troops in the Department of the Ohio to be concentrated defensively in Kentucky. [Footnote: _Id_., pp.

383, 384.] The only move that Rosecrans made was to send on the 8th to his general officers commanding corps and divisions, a confidential circular asking their opinion in writing in answer to the following questions, in substance,--

1. Has the enemy been so materially weakened that this army could advance on him at this time with strong reasonable chances of fighting a great and successful battle?

2. Is an advance of our army likely to prevent additional reinforcements being sent against General Grant by Bragg?

3. Is an immediate or early advance of our army advisable?

[Footnote: Official Records, vol. xxiii. pt. ii. p. 395.]

With substantial unanimity they answered that it was not advisable to move, though they seem generally to have been aware that Breckinridge with about 10,000 men of all arms had gone from Bragg to Johnston. When Rosecrans reported the result of this council to Halleck, the latter reminded him of the maxim that "councils of war never fight," and that the responsibility for his campaign rests upon a commanding general and cannot be shared by a council of war.

The careful study of the correspondence elicited by Rosecrans's circular would make a most valuable commentary upon the theme, "_Why_ Councils of War never fight." The three questions were addressed to sixteen general officers commanding corps and divisions. [Footnote: Their answers are found in Official Records, vol. xxiii. pt. ii. as follows: Davis, p. 395, Johnson, do., McCook, 396, Turchin, 397, Brannan, 402, Crittenden, 403, Granger, 403, Wood, 405, Negley, 407, Palmer, do., Reynolds, 409, Rousseau, 410, Sheridan, 411, Stanley, 412, Thomas, 414, Van Cleve, 415, Mitch.e.l.l, 417, and Garfield's summing up, 420.] In reading the responses the impression grows strong that there was what may be called a popular feeling among these officers that their duty was to back up their commanding general in a judgment of his on the subjects submitted, which could hardly be other than well known. On the question as to the probable reduction of Bragg's army by detachments sent to Johnston, whilst they nearly all have some knowledge of the diminution of the Confederate army to about the extent mentioned above, most of them answer that they do not think it a _material_ weakening, that being the tenor of the inquiry put to them. Some of them, however, say very naturally that as the secret service is managed from headquarters and all the information received is forwarded there, General Rosecrans should be much better able to answer this question than his subordinates. As to the second part of that question, nearly all seem to a.s.sume that the battle would be in the nature of a direct attack on the fortifications at Shelbyville and are not sanguine of a successful result. The few who speak of turning manoeuvres feel that the further retreat of Bragg would only lengthen their own line of communications and do no good. Strangely, too, they argue, many of them, that an advance would not prevent further depletion of Bragg to strengthen Johnston. They consequently and almost unanimously advise against an immediate or early advance.

It is instructive to compare these opinions with the actual facts.

The inaction of the summer had led directly to the detachment of two divisions of infantry and artillery and one of cavalry to reinforce Johnston, just as the inactivity of Meade later in the season encouraged the Richmond government to send Longstreet to Bragg from Virginia. If Rosecrans had moved early in the season, not only must Bragg have kept his army intact, but the battle of Chickamauga, if fought at all, must have been decided without Longstreet, and therefore most probably with brilliant success for our arms. It was delay in advancing, both in Tennessee and in Virginia, that thus directly led to disaster. If a brilliant victory at Chickamauga had been coincident with the fall of Vicksburg and Lee's defeat at Gettysburg, it does not seem rash to believe that the collapse of the Confederacy would have been hastened by a year.

Two of the generals who answered these questions attained afterward to such distinction that their replies are an interesting means of learning their mental character and gauging their development.

Sheridan answered briefly that he believed Bragg had no more than 25,000 or 30,000 infantry and artillery, with a "large" cavalry force. In this he was very close to the mark. Bragg's report for the latter part of May, before sending reinforcements to Johnston, showed his forces present for duty to be 37,000 infantry, a little less than 3000 artillery, and 15,000 cavalry, in round numbers.

Deduct 10,000 from these, and Sheridan is found to be sufficiently accurate. [Footnote: Official Records, vol. xxiii. pt. ii. p. 846.

The reference to Bragg's returns of strength to the Adjutant-General's office makes this an appropriate place to note the method of making these returns and its bearing on the much debated question of the "Effective Total" commonly given by Confederate writers as the force of their armies compared with ours.