McClellan was actually advancing to attack Richmond again when he received an order requiring him to retreat to Aquia Landing.
He wasn't attacking Richmond. He had secured Malvern Hill, and on August 5 requested reinforcements so he could attack Richmond.
To which General Halleck responded, not with any forbiddance to the attack on Richmond but simple notice there were no reinforcements to send...
McClellan was very consistent that if he was not reinforced, he wouldn't attack Richmond. So he was ordered to evacuate the Peninsula to Aquia Creek. But he could have decided at any point his army had the opportunity he didn't need the reinforcements to go for Richmond. He considered it. But he stuck with his common mode.
Why do you think McClellan was free to disobey orders?
Why do you think an order to do something wouldn't also forbid doing the exact opposite?
I didn't say McClellan was free to disobey orders. I said he was free to fight, even to attack Richmond if the opportunity offered. I don't presume McClellan's orders to evacuate his army from the Peninsula, which took a couple weeks, was tantamount to an order not to fight. He's in the enemy's country, and was sent there to take their capitol.
Nor was fighting Lee or attacking and taking Richmond the "opposite" of his orders to evacuate the Peninsula. You won't find any orders telling him not to fight. Nor any "forbidding" him from taking Richmond.
For example. All after his evacuation from the Peninsula orders. On August 6 McClellan noted that if Hooker couldn't get away from Malvern Hill before the morning of the 7th of August, when Lee was bearing down, McClellan was ready to fight a battle to get him out if necessary, and delayed embarking artillery, etc. In this he was not disobedient to any orders. And even if he joined in battle on the 7th against Lee he wouldn't have been disobedient. And if he beat Lee, by some means, and followed up a victory, he wouldn't have been disobedient either, and he was aware of that as he noted in his writings of the time.
And he was aware of that fact. Noting on the 8th of August that he wished General Lee would attack him, as he'd bear down on him, and then go for Richmond...
Doesn't quite sound like he's gonna be court-martialed for attacking Richmond.
On August 10, he was prepared to strike at Richmond again...
So we can see that McClellan was aware that whenever he felt he could whip and take Richmond, he might try it. Well he didn't ultimately try it because he wasn't reinforced.
Then on August 11 McClellan noted in another private letter to his wife, croaking that the authorities wouldn't let him attack Richmond...
Almost convincing, except he hadn't even asked the "powers" about his plan until the next day, on August 12, when he reported to Washington his inclination to attack and see if he could take Richmond. This makes clear his previous evening claim, that he was not allowed to attack, was false. Note he says he wouldn't act on his own because (a) he didn't
feel authorized, and of course (b) because this was another opportunity to call for "reinforcements" Washington had already told him he wouldn't get...
So he's following the same line as from late July, and from just several days earlier at Malvern. When he's decided against attacking Richmond, like the above chance to attack, which by the 11th he said he wasn't going to make; the next day he requests authority and calls for reinforcements he was already told he won't get. That way he can pretend he didn't make the decision.
Halleck did not respond negatively to the above. Didn't respond at all.
This stuff drove General Halleck nuts. August 9, General Halleck had observed to his wife...
"I feel almost broken down every night with the heat, labor, and responsibility. I have felt so uneasy for days about Gen. Pope's army that I could hardly sleep. I can't get Gen. McClellan to do what I wish..."
General Lee was also aware that McClellan remained a threat to Richmond. Lee continued defending it against McClellan even as he was commencing the evacuation of the Peninsula, and for several days thereafter against its threat. Lee reporting...