Collected Works of Abraham Lincoln. Volume 5 [Oct. 24, 1861-Dec. 12, 1862].

Annotation

[1]   AES, DLC-RTL. Lincoln's endorsement is written on a letter from Assistant Adjutant General Alfred B. Ely, counsel for Brigadier General Henry W. Benham, December 13, 1861, setting forth that some twenty days had elapsed since Benham's arrest, November 24, on orders of General William S. Rosecrans, and that since no charges had been preferred, law required General Benham's release. Judge Advocate General Lee replied, December 19, in an endorsement immediately following Lincoln's, that there was just cause for delaying the trial, but recommending Benham's release and return to duty. Below Lee's endorsement, General McClellan wrote ``Since the charges preferred. . . involve the question of his fitness to command troops in presence of the enemy I beg to reserve my opinion in the matter until I see the specifications. The charges are so serious that Genl Benham should cause an investigation.'' Rosecrans to Lorenzo Thomas, November 29, 1861, reported as follows: ``On the 26th [sic] instant I found it necessary to arrest Brig. Gen. H. W. Benham for unofficer-like neglect of duty.

He applied for a leave of absence on a medical certificate, with permission to visit a city, and has gone to New York. . . .'' (OR, I, V, 66g). The arrest had been ordered because Benham failed to cut off the retreat of General John B. Floyd in West Virginia. The case dragged out (see New York Herald, March 22, 1862), but Benham was finally ordered to report for duty on March 17 and was later assigned to Major General David Hunter's command at Port Royal, South Carolina. See also Lincoln to McClellan, January 22, 1862, infra.