It was understood by those who frequented the War Office in the gloomy days of 1862 and '63 that a card signed "A. L." would not always command full respect from Secretary Stanton. He was a believer in the rigid principles of the army, and although he was a humane man he smothered or subdued his sympathy for heart-broken mothers whose sons had deserted the cause of the country, in his determination to save the country through the strictest enforcement of the rules and regulations of the army. Mr. Lincoln, in his abounding good nature, could not resist the appeals of disconsolate wives and heart-stricken mothers, and it was often Mr. Stanton's fortune to resist such appeals even when supported by the President's card in the form of a request which in ordinary times and upon ordinary men would be treated as an order.
Hence there may have been a foundation for the report that an unsuccessful user of one of the President's cards returned to the President for a reinforcement of the order. The President insisted upon a full report of the Secretary's answer. The applicant repeated the Secretary's remark, which was not complimentary to the President's good sense. The President hesitated, and then declined to renew the order, saying: "Stanton is generally right."
Mr. Stanton's testimony was taken February 11, 1867, and on subsequent days. The record of the text and the accompanying documents cover more than two hundred printed pages. The evidence was taken by the Committee on the Judiciary, and it had special reference to the charges that had been made against President Johnson. At that time, the separation between Mr. Stanton and the President had become irreconcilable, but there are no indications of hostility in the answers given by the Secretary. Indeed, he assumed, without reserve, full responsibility for acts that had been charged on the President by others.
During the war the railroads that fell within our lines were appropriated to the use of the United States, and heavy outlays had been made upon some of them for repairs and improvements. In many cases expenses had been incurred, that in the hands of the corporation would not have been chargeable to a construction account. In a majority of cases, if not in all, the roads had been surrendered without compensation, and the rolling stock had been transferred for very slight consideration.
Mr. Stanton assumed the responsibility of the policy, upon the ground that it was important to the South and to the country that the channels of commerce should be made available without delay and that the army could not be used wisely in commercial traffic. As the President was interested in one of the railroads that received a large benefit by the restoration of its property much improved, he was relieved of all responsibility for a policy that had been much condemned.
Through the testimony of Secretary Stanton the committee was enabled to find the origin and to trace with a degree of accuracy the history of President Johnson's plan of reconstruction. At a time not many days prior to Mr. Lincoln's death, Secretary Stanton prepared an order which contained a projet for the government of the States that had been in rebellion. The paper was submitted to President Lincoln and it was considered by him in a cabinet meeting that was held during the day preceding the night of the assassination.
As this paper became the basis for the proclamations for the government of the States that had been in rebellion, its history, as given by Mr. Stanton, is worthy of exact report in his own words:
"On the last day of Mr. Lincoln's life, there was a Cabinet meeting, at which General Grant, and all the members of the Cabinet, except Mr. Seward, were present. General Grant at that time made a report of the condition of the country, as he conceived it to be, and as it would be on the surrender of Johnston's army, which was regarded as absolutely certain. The subject of reconstruction was talked of at considerable length. Shortly previous to that time I had myself, with a view of putting into a practicable form the means of overcoming what seemed to be a difficulty in the mind of Mr. Lincoln, as to the mode of reconstruction, prepared a rough draft of a form or mode by which the authority and laws of the United States should be re-established, and governments reorganized in the rebel States under the Federal authority, without any necessity whatever for the intervention of rebel organizations or rebel aid.
In the course of that consultation Mr. Lincoln alluded to the paper, went into his room, brought it out, and asked me to read it, which I did, and explained my ideas in regard to it. There was one point which I had left open; that was as to who should constitute the electors in the respective States . . . I left a blank upon that subject to be considered. There was at that time nothing adopted about it, and no opinions expressed; it was only a projet."
At the request of Mr. Lincoln and the Cabinet, the order was printed and a copy was given to each member, and a copy was given to Mr. Johnson when he had become President.