if the President of the United States has an implied constitutional right, as Commander-in-Chief of the Army and Navy, in time of war, to disregard any one positive prohibition of the Constitution, or to exercise any one power not delegated to the United States by the Constitution, because in his judgment he may thereby 'best subdue the enemy,' he has the same right, for the same reason, to disregard each and every provision of the Constitution, and to exercise all power needful in his opinion to enable him 'best to subdue the enemy.'... The time has certainly come when the people of the United States must understand and must apply those great rules of civil liberty which have been arrived at by the self-devoted efforts of thought and action of their ancestors during seven hundred years of struggle against arbitrary power."

So far had reached the thunder of Lee's guns at Chancellorsville. Their roar seemed to have awakened throughout the entire North the great party hitherto lulled to slumber by the plea of "military necessity," or paralyzed by the very extent of the Executive usurpation which they saw, but had not had heart to oppose. On all sides the advocates of peace on the basis of separation were heard raising their importunate voices; and in the North the hearts of the people began to thrill with the anticipation of a speedy termination of the bloody and exhausting struggle. The occasion was embraced by Mr. Stephens, Vice-President of the Confederate States, to propose negotiations. This able gentleman wrote from Georgia on the 12th of June to President Davis, offering to go to Washington and sound the authorities there on the subject of peace. He believed that the moment was propitious, and wished to act before fur

ther military movements were undertaken-especially before any further projects of invasion by Lee-which would tend, he thought, to silence the peace party at the North, and again arouse the war spirit. The letter of Mr. Stephens was written on the 12th of June, and President Davis responded by telegraph a few days afterward, requesting Mr. Stephens to come to Richmond. He reached that city on the 22d or 23d of June, but by that time Lee's vanguard was entering Maryland, and Gettysburg speedily followed, which terminated all hopes of peace.

The plan of moving the Southern army northward, with the view of invading the Federal territory, seems to have been the result of many circumstances. The country was elated with the two great victories of Fredericksburg and Chancellorsville, and the people were clamorous for active operations against an enemy who seemed powerless to stand the pressure of Southern steel. The army, which had been largely augmented by the return of absentees to its ranks, new levies, and the recall of Longstreet's two divisions from Suffolk, shared the general enthusiasm; and thus a very heavy pressure was brought to bear upon the authorities and on General Lee, in favor of a forward movement, which, it was supposed, would terminate in a signal victory and a treaty of peace.

Lee yielded to this view of things rather than urged it. He was not opposed to an offensive policy, and seems, indeed, to have shared the opinion of Jackson that "the Scipio Africanus policy" was the best for the South. His theory from the beginning of the war had been, that the true policy of the South was to keep the enemy as far as possible from the interior, fighting on the frontier or

on Federal soil, if possible. That of the South would therethus be protected from the ravages of the enemy, and the further advantage would accrue, that the Confederate capital, Richmond, would at all times be safe from danger. This was an important consideration, as events subsequently showed. As long as the enemy were held at arm's-length, north of the Rappahannock, Richmond, with her net-work of railroads connecting with every part of the South, was safe, and the Government, undisturbed in their capital, remained a power in the eyes of the world. But, with an enemy enveloping the city, and threatening her lines of communication, the tenure of the place by the Government was uncertain. When General Grant finally thus enveloped the city, and laid hold upon the railroads, Lee's army was defeated, and the Government became fugitive, which alone would have struck a mortal blow to its prestige and authority.

It was to arrive at these results, which his sagacity discerned, that Lee always advocated such movements as would throw back the enemy, and drive him, if possible, from the soil of Virginia. Another important consideration was the question of supplies. These were at all times deficient in the Confederate armies, and it was obviously the best policy to protect as much territory, from which supplies might be drawn, as possible. More than ever before, these supplies were now needed; and when General Lee sent, in May or June, a requisition for rations to Richmond, the commissarygeneral is said to have endorsed upon the paper, "If General Lee wishes rations, let him seek them in Pennsylvania."

The considerations here stated were the main inducements for that great movement northward which followed

the battle of Chancellorsville. The army and country were enthusiastic; the Government rather followed than led; and, throughout the month of May, Lee was busily engaged in organizing and equipping his forces for the decisive advance. Experience had now dictated many alterations and improvements in the army. It was divided into three corps d'armée, each consisting of three divisions, and commanded by an officer with the rank of lieutenant-general. Longstreet remained at the head of his former corps, Ewell succeeded Jackson in command of "Jackson's old corps," and A. P. Hill was assigned to a third corps made up of portions of the two others. The infantry was thus rearranged in a manner to increase greatly its efficiency, and the artillery arm was entirely reorganized. The old system of assigning one or more batteries or battalions to each division or corps was done away with, and the artillery of the army was made a distinct command, and placed under General W. N. Pendleton, a brave and energetic officer, who was thenceforward Lee's "chief of artillery." The last arm, the cavalry, was also increased in efficiency; and, on the last day of May, General Lee had the satisfaction of finding himself in command of a well-equipped and admirably-officered army of sixty-eight thousand three hundred and fifty-two bayonets, and nearly ten thousand cavalry and artillery-in all, about eighty thousand men. Never before had the Southern army had present for duty, as fighting men, so large a number, except just before the battles on the Chickahominy. There was, however, this great difference between the army then and at this time: in those first months of 1862, it was made up largely of raw troops who had never heard the discharge of a musket in their lives; while now, in May,

1863, the bulk of the army consisted of Lee's veterans, men who had followed him through the fire of Manassas, Sharpsburg, Fredericksburg, and Chancellorsville, and could be counted on to effect any thing not absolutely beyond human power. General Longstreet, conversing after the war with a gentleman of the North, declared as much. The army at that time, he said, was in a condition to undertake any thing.

X.

LEE'S PLANS AND OBJECTS.

THE great game of chess was now about to commence, and, taking an illustration from that game, General Lee is reported to have said that he believed he would "swap queens," that is, advance and attempt to capture the city of Washington, leaving General Hooker at liberty, if he chose so to do, to seize in turn upon Richmond. What the result of so singular a manœuvre would have been, it is impossible to say; it would certainly have proved one of the strangest incidents of a war fruitful in varied and shifting events.

Such a plan of operations, however, if ever seriously contemplated by Lee, was speedily abandoned. He nowhere makes mention of any such design in his published reports, and he probably spoke of it only in jest. His real aim in the great movement now about to commence, is stated with brevity and reserve-then absolutely necessary-but also with sufficient clearness, in his official report. The position of the enemy opposite Fredericksburg was, he says, such as