Showing posts with label James Speed. Show all posts
Showing posts with label James Speed. Show all posts

Thursday, February 29, 2024

Diary of Gideon Welles: Friday, April 6, 1866

The decision of the Supreme Court in the Indiana cases Milligan, Bolles, and others was discussed. Attorney-General Speed could not state exactly the points. The judges do not give their opinions until next winter. They seem to have decided against the legality of military commissions.

I inquired what should be done in Semmes's case, which had been long pending. Little was said, and the President remarked he would see me after the session, and I therefore remained. He remarked that there was a somewhat strange state of things. Grant thought the paroles he had given covered almost everything. The courts were taking up some of the cases for treason and were showing themselves against military commissions. He therefore thought it would be as well to release Semmes on his parole.

I suggested, in view of the present condition of affairs, and this late decision of the Court, that if Semmes could not have a prompt trial, it would be better to release him from his present arrest unconditionally. We already have two paroles from him, one on the surrender of the Alabama, and another at the time of Johnston's surrender. I would not take another. Nor would it be right, after holding him over three months in custody, to prolong his imprisonment.

The President assented to my suggestion and wished me to present it in some form for his action. My first thought was to place the grounds of his release, first on the proclamation, and second on the recent decision of the Supreme Court, making no allusion to Semmes's long imprisonment; but on second thought I omitted the President's own act, the proclamation, for it would be used against him by the captives.

The Senate by a vote of 33 to 15 this evening overrode the veto on the Civil Rights Bill. Wright of New Jersey was in his seat, but Dixon was not. Morgan, unexpectedly to me, and, I think, to most persons, voted with the majority. The vote of M. was one of calculation, not of conviction. I shall be disappointed if he does not lose rather than gain by the step he has taken. Such is usually the righteous termination of calculations made by scheming and ambitious men who consent to do wrong. In this instance M. may have had honest reasons. It is true he voted for the passage of the bill, but that was, as he has said to me, without much consideration given to the law, and, in repeated interviews and conversations since, he had left the impression on my mind that he should sustain the veto.

General and Mrs. Grant gave their last reception for the season this evening. Being somewhat indisposed, I did not propose to attend, but Edgar had not returned and there was no one to accompany Mrs. Welles and her friend, and I was, consequently, under the necessity of going, though afflicted with a severe headache. The party was in some respects unlike any of the season, and there was present not only a numerous but a miscellaneous company of contradictions. There had been some pre-understanding on the part of the Radicals, or a portion of them, to attend and to appropriate General Grant, or at least his name and influence, to themselves. But, most unexpectedly to them, as I confess it was to me, the President and his two daughters appeared early, and Montgomery Blair and some of his ladies were also on hand. There came also Alexander H. Stephens, Vice-President of the late Confederacy, so called. When, therefore, Thad Stevens, Trumbull, and others, not exactly homogeneous though now acting together, came in, they were evidently astonished and amazed.

Stevens, though a brave old stager, was taken aback and showed himself discomfited. Trumbull betrayed surprise. I was not in a condition to circulate much in the crowd, but heard repeatedly, amid the exultation over the vote of the Senate, expressions of vexation that there was such a strange attendance here. Theodore Tilton, as full of fanatical, fantastical, and boyish enthusiasm as of genius and talent, but with no sensible ideas of the principles on which our government is founded or accurate knowledge of our republican federal system, or of the merits involved in pending questions, was boisterous over the result in the Senate. It was sufficient for him that a victory had been achieved for an ideal and fanciful theory, regardless of consequences, and indifferent whether we had a union or an empire, so that he could do a little more for the black man than for the white man. When a little older, if his erratic genius does not spoil him, he will be a little wiser. For a time he fastened himself on me, but I was too indisposed to do more than listen. He gloated over Morgan's vote; said he could have thrown his hat to the ceiling when he heard it, not that he cared for Morgan.

General and naval officers, as well as politicians, were present, with most of the foreign ministers. Of the Cabinet I saw none but Harlan.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 476-8

Diary of Gideon Welles: Friday, April 13, 1866

I do not get well. But little of interest. British fund agents and brokers show great impudence in regard to Rebel debts and cotton loans. McHenry, Richardson, and others present plans and schemes which are deserving such a rebuke as should be felt by them and their countrymen.

Stanton made some crude suggestions for national quarantine, not very explicit, and beset with difficulties. I asked if anything of the kind had ever been attempted, if it was not a matter for State or municipal, rather than federal, regulation. He admitted it was, but the other members had not given the subject a thought and did not like to come athwart Stanton.

Doolittle called on me last night full of exceeding great trouble. Insists the President has not as yet taken so firm and decided a stand as duty requires. Wishes me to counsel and urge upon him the necessity of doing something positive. Says the impression is getting pretty universal that the President can do nothing for himself, etc., etc. There is some truth in all this; not that the President lacks courage, but he dislikes to break with those who elected him.

Doolittle wishes Speed to leave, and Stanton also. Says the first has no stamina, nor power, nor character as a lawyer. That he is the laughing-stock of the court and of the first lawyers. Does not and cannot strengthen the President. Suggests that Stanton should be turned out and that Grant should be assigned, temporarily, to the Department. Doolittle earnestly desires me to counsel the President. I told him it would be delicate for me to do so, even if invited by the President, but I would not obtrude upon him in such a matter concerning my colleagues.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 480

Diary of Gideon Welles: Saturday, April 14, 1866

This being the anniversary of the assassination of President Lincoln, the several Departments were closed by order of the President.

Had an hour's talk with the President on several matters, but chiefly in relation to the policy of the Administration, which was brought about by my referring to the interview which I had had with Senator Doolittle on Thursday evening, and his urgent request that I would communicate with the President on the subject-matter of our consultation. I remarked that there were certain suggestions, which delicacy forbade me to mention, unsolicited, but that there was an apprehension that the Radicals were strengthening themselves by the non-action, or limited actions, of the Executive and by conceding to Members of Congress almost all opportunities [for placing] their Radical friends.

The President said it was exceedingly annoying and discouraging to witness so good a man as Doolittle desponding, and especially on the subject of removals and appointments, when Doolittle himself was not prepared to take or recommend action, even in his own State. It was true that his Cabinet was not in all respects what he wished; but he had taken it as he found it. Harlan, to be sure, came in later, but it was understood he sought and desired the position, although he had since obtained an election to the Senate. He supposed Harlan was not in accord with the policy of the Administration, and delicacy and propriety would seem to prompt him to resign. But he had, as yet, shown no disposition to give up his place. Speed, he said, certainly added no strength to the Administration, was manifestly in harmony with the Radicals, advising with and encouraging them. Delicacy should cause him, feeling as he did, to retire, but he had made no advance in that direction, nor would he, probably, uninvited. Stanton, he remarked, was claimed by the Radicals to be in their interst, and probably such was the fact, yet he had given him no intimation of that character, except in some general criticism on one or two measures in which he finally yielded and acquiesced. His Department had been an absorbing one during the War and still was formidable. To have an open rupture with him in the present condition of affairs would be embarrassing certainly, yet Stanton held on.

The delicacies and proprieties which should govern the relations that are supposed to exist between a President and his Cabinet associates—his political family, as it were—would indicate to men of proper sensibility the course which they should pursue, if they did not agree with the person whom they were expected to advise in the administration of affairs. If these three men did not approve his general policy, the President said they had not, as he was aware, disapproved of it. Statements were made in some of the Radical papers that the persons named were opposed to the Administration of which they were a part. Rumors to that effect had come to him in such a way and from such sources that he was not at liberty to doubt it. "Still they hold on here, and some of them likely report our proceedings. I do not, however, know the fact. What, then, can I do? Are these men to whom I give my confidence hypocrites, faithless, insincere, treacherous? The time has not arrived for a decisive stand. With mischievous Radical leaders, who appear to have little regard for the country, it is not a proper time to take upon ourselves other quarrels nearer home."

The President said he had borne, as well as he could, the malicious war which had been waged upon him for doing his duty, administering the Government for the whole country, not for a faction. If the schemes of the Radical managers to control the Executive had sometimes annoyed him, they had not caused him to deviate from what he was satisfied was right and for the best interest of the country. But it did grieve and wound him to witness such men as Doolittle desponding and giving way. Cowan, an intelligent, sensible, and good Senator, he said, was also complaining, and it was hard to be under the necessity of holding these men up, while compelled to encounter the whole opposition. Their discouragement afflicted him more than all that the Radicals had done or would do.

Only a day or two since Cowan had, with others, pressed earnestly for some changes in Pennsylvania which they said ought by all means to be made, and on their representations he had finally agreed to make some changes. But just as they were being ordered, Cowan began to show and have doubt, asked a suspension, and finally backed down and would consent to but two of the same changes he had urged. "These men take upon themselves no responsibility while goading me on to move, when I am breasting this storm." This he said he was ready to do. It was a duty and he could meet it, but it pained him to have good and true friends waver.

At the proper time he should be ready to act, but his friends must permit him to judge when to act. It would be pleasanter to him to have more cordiality, a more free interchange of opinions, more unity and earnestness on the part of all his Cabinet, for there was obvious distrust among them,—distrust of each other, and that on topics where the Administration was most interested.

I have given the substance and, so far as I can recall, the words. There was much desultory conversation intermixed.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 481-3

Monday, February 12, 2024

Diary of Gideon Welles: Saturday, March 17, 1866

This being St. Patrick's Day, considerable apprehensions were entertained by the Englishmen here that there would be more active demonstration by the Fenians. Sir Frederick Bruce did not hesitate to say to me on Thursday evening at the Marquis Montholon's party when I met him, that he had great anxiety and should feel relieved after Saturday. But the day has passed off peaceably. We have had no telegraphs of riot or disorder on the frontier or in Canada. There is less disturbance in our own country than is usual on this anniversary.

By special invitation from Secretary Seward himself, I went this evening to meet a Belgian delegation at his house. Mrs. Welles and Edgar went with me. McCulloch, Dennison, and Speed were similarly invited, as were others. I found we were after-dinner guests, appendages to the special party, called in to set off the Secretary's party. The evening was cold, fires low or out, and though the persons assembled put on the best face, it was an uncomfortable affair, and I for one in no very good humor, believing I had been uselessly put to inconvenience without cause.

Am having sharp questions and importunities in regard to the Connecticut election, and do not choose to answer them or to be mixed up in the contest, which has been badly shaped. The fault is as much here in Washington as elsewhere. Foreseeing the issues which the Radicals in Congress were forming, I suggested near the commencement of the session to the President, that unless the lines were sharply drawn, they would have him at disadvantage. We now see it in the result in New Hampshire, and similar consequences may be expected in Connecticut. General Hawley's sympathies and feelings are with the Radicals in the differences between the President and Congress, or rather with Congress than the President. English, on the other hand, is wholly with the President, and totally, earnestly opposed to the Congressional policy. The election of English would secure a friend to the President, but English and those who support him opposed his (the President's) election and most of them opposed the War. Hawley, while not in full accord with the President on present questions, and I am afraid not on the rights of the States, supported his election, and was an earnest soldier from the beginning of the War until the whole Rebel force surrendered and dispersed. While I think well of both candidates, I have a particular personal regard for Hawley now, as well as intimate party relations in the past.

The President and very many of his friends would be pleased to have English succeed. But they do not comprehend the whole circumstances, personal and political, for they cannot know them. It is not a personal question. The organization is a revival of ante-War differences. It commenced and has gone on under the old party banners. A stand for the Administration should have been made last autumn, but the nominations from Governor down have been made by parties as organized years ago. It is too late to change front, or get up a new arrangement. Such an issue should have commenced last December, and the President himself should have led in the fight by announcing the policy of his Administration and rallying his friends to its support. He would have had the State, the country, and Congress with him, but he hesitated, was reluctant to encounter those who elected him, and then postponed too long for us to begin in Connecticut, for this election takes place in three weeks.

As things are, I cannot take an active part in this contest. Were Hawley more emphatic and unequivocally with the President, I should enter earnestly, heartily, into the struggle, although I did not advise his nomination, or wish it to be made. I think, when elected, he will give the Administration fair support, but he is an ardent partisan. A doubt on the subject of his course paralyzes my zeal and efforts. I am unwilling to believe that Hawley dissembles.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 454-6

Diary of Gideon Welles: Friday, March 30, 1866

Mr. Seward brought up in the Cabinet to-day the subject of the purchase of the Danish islands in the West Indies, particularly St. Thomas. For a year or so the question has been under consideration. The Danes wish to sell and first edged in the matter gently. The Secretary of State did not give the matter earnest attention, but the Navy Department in our war, feeling the want of a station in the West Indies, has favored the subject. My Report of 1865 roused the Secretary of State, and he began when the War was over to press the purchase, first talking round about the French islands. Finally he visited St. Thomas in a public ship. I do not think there has been over-much shrewdness in the transaction on our part as yet. It would have been better for Seward to have remained away from the islands, but should we acquire it his visit will undoubtedly become historical, and it will not afflict him, perhaps, if the country pays largely for the record of his name and visit.

He proposes to offer ten millions for all the Danish islands. I think it a large sum. At least double what I would have offered when the islands were wanted, and three times as much as I am willing the Government should give now. In fact I doubt if Congress would purchase for three millions, and I must see Seward and tell him my opinion.

I again brought the subject of Semmes's trial before the Cabinet. The question should be disposed of, for we are detaining our officers and others as witnesses. Speed has recommended that the trial should go forward under the mixed commission, and to-day recommended it anew. Said it would be an interesting trial. Stanton said he did not advise it for mere curiosity, but if the proceedings were to take place he would wish thorough work should be made and the extreme penalty of the law inflicted. Governor Dennison was very prompt and decided in the expression of his wish that Semmes should be tried and punished.

I repeated what I have frequently stated, that the Navy Department would have nothing to do with trying him for treason, piracy, or any offense which could be reached by the civil courts, but he was charged with, and I suppose was guilty of, violating the usages and laws of war. The truth was, however, on investigating the subject, the points had been narrowed down and mitigated, so that I believed his offense was really less aggravated than had been charged and believed.

The President was evidently not prepared to decide what course to take. I submitted Semmes's application for a parole, which was favorably indorsed by Judge-Advocate General Bolles. As the session of the Cabinet was somewhat protracted and Stanton was wishing a special interview, I proposed to the President to call to-morrow, which seemed to relieve and gratify him.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 466-7

Saturday, November 4, 2023

Diary of Gideon Welles: Tuesday, March 13, 1866

Had a call this evening from Mr. English, the Democratic candidate for Governor in Connecticut. He is very decidedly, and I think sincerely, in favor of the President's policy. With General Hawley, who is the Administration candidate, I am more intimate, and for him I personally feel special regard, yet such is the strange mixture of parties that his election would be hailed as a triumph by the opponents of the Administration. I am much embarrassed by this state of things. I believe Hawley intends to support the President, yet, tainted by party, he also aims to support Congress in its differences with the Executive. He will find it difficult to reconcile the two, and if compelled to make an election he would be more likely at the present moment to go wrong, I fear, than right.

Mr. English desired an introduction to the President, whom he wishes to see concerning some person who is imprisoned in Tennessee, and is acting in concert with a Mr. Fleming, whom, with his beautiful wife, I met this evening at the President's house.

Seward was not at the Cabinet to-day. I brought forward the subject of the test oath, and McCulloch says he has prepared a letter which he will show me. Dennison is to prepare one also.

On the subject of the Fenians there was less inclination to converse, but the subject was referred to the Attorney-General to send circulars to the District Attorneys, etc. I suggested that the Administration should show a solid front, and, therefore, General Grant should send a communication. To this Stanton demurred. It would necessarily come through his Department, and he would be openly committed.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 452-3

Diary of Gideon Welles: Friday, March 16, 1866

A quiet Cabinet-meeting with nothing of interest discussed. Dennison read his communication on the test oath. It is less vigorous and pertinent than McCulloch's, but will do as a backer. McCulloch showed me a letter from Henry Ward Beecher to Defrees in which it is said that the postmaster at Brooklyn (Lincoln) informed him (Beecher) that Senator Pomeroy had authorized and requested him (L.) to inform B. that he (P.) called at the White House a week since, and found the President, his son, and son-in-law all drunk and unfit for business, that the President kept a mistress at the White House, etc. I advised that these slanders should be told the President in order that he might be aware of the character of the scandals circulated.

By appointment McCulloch, Dennison, and myself agreed to meet the President this evening at seven. At that hour McCulloch and I came together near Dennison's door and went in. Soon after Speed and his wife were announced. D. went in to them with an understanding that he would join us at the White House. But he failed to do so.

Mr. English of Connecticut was with the President when we went in, but left almost immediately. The President expressed himself pleased with English, and dissatisfied with something which Hawley had said, some answers to inquiries, as I understood. McCulloch remarked that it would not do for us to disconnect ourselves from the War Party, even if some had got astray, for every loyal household had its representative in the army, and the feeling was strong in their favor.

The letter on the test oath McC. read to us. I suggested a single alteration which I mentioned before, calling the Southerners "our rebellious countrymen" instead of a "hostile people." The President approved the suggestion, and McCulloch came into it. Some other alterations, chiefly verbal, suggested themselves, but, witnessing the sensitiveness of McC., I did not mention them.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 453-4  

Saturday, October 7, 2023

Diary of Gideon Welles: Monday, February 19, 1866

Attended special Cabinet-meeting this morning, at ten, and remained in session until about 1 P.M. The President submitted a message which he had prepared, returning the Freedmen's Bureau Bill to the Senate with his veto. The message and positions were fully discussed. Seward, McCulloch, and Dennison agreed with the President, as did I, and each so expressed himself. Stanton, Harlan, and Speed, while they did not absolutely dissent, evidently regretted that the President had not signed the bill. Stanton was disappointed. Speed was disturbed. Harlan was apprehensive. The President was emphatic and unequivocal in his remarks, earnest to eloquence in some portion of a speech of about twenty minutes, in which he reviewed the intrigues of certain Radical leaders in Congress, without calling them by name, their council of fifteen which in secret prescribed legislative action and assumed to dictate the policy of the Administration. The effect of this veto will probably be an open rupture between the President and a portion of the Republican Members of Congress. How many will go with him, and how many with the Radical leaders, will soon be known. Until a vote is taken, the master spirits will have time to intrigue with the Members and get them committed. They will be active as well as cunning.

Senator Trumbull, who is the father of this bill, has not been classed among the Radicals and did not intend to be drawn in with them when he drew up this law. But he is freaky and opinionated, though able and generally sensible. I shall be sorry to have him enter into associations that will identify him with extremists, and yet it will not surprise me should such be the case. He will be the champion of his bill and, stimulated and courted by those with whom he does not sympathize, will strive to impair the effect of the impregnable arguments and reasoning of the message.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 434-5

Diary of Gideon Welles: Wednesday, February 21, 1866

Took the President the executive order for the trial of Semmes. Found that he hesitated. Told him I had no feeling whatever in regard to it. That I was not willing nor did I believe we could legally try him for treason or piracy by a military commission, for those crimes were cognizable by the civil courts, but a violation of the laws of war required, perhaps, a commission and could be reached in no other way. He assented to these views, but thought it would be better to get an opinion from the Attorney-General. Moreover, he thought delay rather advisable at this time. I told him I thought it a good opportunity to show that he was ready to bring criminals to trial when the duty devolved on him.

Senators Doolittle and Cowan were with the President when I called on him this morning. Doolittle had the rough plan of a bill to modify and terminate the Freedmen's Bureau Bill. I prefer non-action. So does Cowan, and I think the President also. Doolittle thinks something will be advisable to satisfy the public, whose sympathies have been excited by cunning appeals. This is Seward.

Whiting, Solicitor, or late Solicitor, of the War Department, came to see me. It was amusing to see how self-satisfied he was in weaving a pleasant web on the subject of negro suffrage and the questions at issue. He is writing and publishing a series of numbers in the Republican, which, he says, were penned at my suggestion some months since, doubtless in part at least for my benefit. In the midst of our talk Montgomery Blair came in, and Whiting left with great speed. Blair is gratified with the stirring-up of the waters of controversy, and anticipates, I doubt not, that Stanton, who still occupies an ambiguous attitude, may be brought to a plain development of his true position. He insists that Stanton is playing false to the President. No doubt of it in my mind, yet he and Seward are in accord, but Seward is not treacherous.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 436-7

Friday, May 12, 2023

Diary of Gideon Welles: Friday, December 29, 1865

Dennison and Speed were not at the Cabinet council to-day. Not much was done. Stanton has got back, and in some allusions to Sumner appeared to think him as absurd and heretical as any of us. Of course, some one is cheated. Seward is preparing to take a cruise, and will leave to-morrow for the West Indies in the steamer De Soto. There has been much mystery in this premeditated excursion. I am amused and yet half-disgusted with Seward's nonsense. He applied to me some weeks since for a public naval vessel to proceed to Havana, and perhaps beyond. Without inquiries, I take it for granted he goes on public business, or he would not ask for a public vessel, for I told him that we had not one ready, but would have one if necessary. When it was settled he should have a vessel, he talked of a family excursion. Wanted relaxation, wanted Fred should go, said he wanted to get away from the receptions, etc., of the New Year. There is not a man in Washington who is more fond of these parades. Another time he whispers to me that Congress will try to raise the devil, and their fiercest guns will be directed to us. He prefers to be out of the way and let them spend their wrath. Once or twice he has said to me that his intention is to visit Mexico. To-day he took me aside and made some inquiries about St. Thomas, which during the war I had said might be a desirable acquisition as a coaling station and central point in the West Indies. His action and talk indicate anticipated trouble and perhaps complications, the development or dénouement of which he cares not to be here to witness. From his conversation to-day, it would seem he expects no embarrassment from France. Without any distinct and explicit committal on the "Reconstruction" question, he means, in Cabinet, to be understood as with the President, and Sumner so understands. His man Raymond went off at first with Stevens and the Radicals, but after having been harnessed in that team, he has jumped out of the traces. Interest, patronage, Seward's influence have caused this facing about and may compel him to act with the Administration; but he is unreliable. I have so told the President, yet I am glad to have him move in the right direction.

I submitted Semmes's case again in Cabinet. Told the President he was here, and had some conversation, general in its character, as to what should be done with him, without any other indication than approval, but no suggestion.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 405-7

Sunday, April 30, 2023

Diary of Gideon Welles: Friday, December 8, 1865

Sumner called on me with young Bright. We had quite a talk on the policy of the Government, and his own views. Sumner's vanity and egotism are great. He assumes that the Administration is wholly wrong, and that he is beyond peradventure right; that Congress has plenary powers, the Executive none, on reestablishing the Union. He denounced the policy of the President on the question of organizing the Rebel States as the greatest and most criminal error ever committed by any government. Dwelt on what constitutes a republican government; says he has read everything on the subject from Plato to the last French pamphlet. Tells me that a general officer from Georgia had informed him within a week that the negroes of that State were better qualified to establish and maintain a republican government than the whites. He says that Seward, McCulloch, and myself are the men who have involved the President in this transcendent error, I, a New England man, New England's representative in the Cabinet, have misrepresented New England sentiment. McCulloch was imbued with the pernicious folly of Indiana, but Seward and myself were foully, fatally culpable in giving our countenance and support to the President in his policy.

I insisted it was correct, that the country aside from heated politics approved it, and asked if he supposed there was any opposition to that policy in the Cabinet. He said he knew Stanton was opposed to it, and when I said I was not aware of it, he seemed surprised. He asked if I had read his Worcester speech. I told him I had but did not indorse it. He replied, "Stanton does." "Stanton," said he, "came to Boston at that time; the speech was thrown into the cars, and he had read it before I met him. Stanton complimented the speech. I said it was pretty radical or had pretty strong views. Stanton said it was none too strong, that he approved of every sentiment, every opinion and word of it."

I told Sumner I did not understand Stanton as occupying that position, and I apprehended the President did not so understand him. I told him that I well recollected that on one occasion last spring, when I was in the War Department, he and Dawes and Gooch came in there. He said, "Yes, and Colfax was there." "I recollect he was. Stanton took out his project for organizing a government in North Carolina. I had heard it read on the last day of Mr. Lincoln's life, and had made a suggestion respecting it, and the project had been modified. Some discussion took place at the War Department on the question of negro suffrage. Stanton said he wanted to avoid that topic. You [Sumner] wanted to meet it. When that discussion opened I left, for I knew I could not agree with you."

Sumner said he well recollected that meeting; that he and Colfax had proposed modifications of the plan and put it in an acceptable shape, but that we had upset it. One other member of the Cabinet had written him a few days before he left home expressing sympathy with him, and one other had spoken equally cordially to him since he arrived here. "You may have had a letter from Speed," I remarked. "No," said he, "but Speed has had a conversation with me."

I think Harlan must be the man, yet my impressions were that Harlan held a different position. Perhaps Iowa has influenced him. Our conversation, though earnest, was not in anger or with any acrimony. He is confident that he shall carry Stevens's resolution through the Senate, and be able to defeat the President in his policy.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 393-5

Sunday, March 5, 2023

Diary of Gideon Welles: Tuesday, August 22, 1865

Seward presented some matters of interest in relation to the Spanish-American States. Spain is getting in difficulty with Chili and also Peru, and Seward writes to Mr. Perry, Secretary of Legation (J. P. Hale is Minister), suggesting arbitration, etc.

Stanton submitted some reports in regard to the health of Jeff Davis, who has erysipelas and a carbuncle. Attorney-General Speed says he is waiting to hear from associate counsel in the case. These associates, he says, are Evarts of New York and Clifford of Massachusetts, both learned and able counsel before the court, but not as distinguished for success with a jury. The President, I saw by his manner and by an inquiry which he put, had not been consulted or was not aware that these gentlemen had been selected. So with other members of the Cabinet, except Stanton and Seward. These two gentlemen had evidently been advised with by the Attorney-General, no doubt directed him.

I would have suggested that General Butler should be associated in this trial, not that I give him unreserved confidence as a politician or statesman, but he possesses great ability, courage, strength, I may add audacity, as a lawyer, and he belongs to a school which at this time and in such a trial should have a voice. Our friends should not permit personal feelings to control them in so important a matter as selecting counsel to try such a criminal.

The President said he had invited an interview with Chief Justice Chase as a matter of courtesy, not knowing but he might have some suggestion to make as to time, place of trial, etc.; but the learned judge declined to hold conference on the subject, though not to advise on other grave and important questions when there was to be judicial action. I see the President detests the traits of the Judge. Cowardly and aspiring, shirking and presumptuous, forward and evasive; . . . an ambitious politician; possessed of mental resources yet afraid to use them, irresolute as well as ambitious; intriguing, selfish, cold, grasping, and unreliable when he fancies his personal advancement is concerned.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 365-6

Diary of Gideon Welles: [Friday, August 25], 1865

A number of days have passed since I opened this book. On Friday, 25th, we had a pleasant Cabinet-meeting. Speed read an elaborate opinion on the authority of judges in the State of Mississippi. The President dissented wholly from some of his positions. Provisional Governor Sharkey wanted the judges appointed by him should have authority to enforce the habeas corpus. Speed thought they were not legally empowered to exercise judicial functions. The President thought they were. Read from his proclamation establishing a provisional government in Mississippi and said he had drawn that part of the proclamation himself and with special reference to this very question. I inquired whether the habeas corpus privilege was not suspended in that State so that no judge whatever could issue the writ.

A telegram from General Carleton in New Mexico gives a melancholy account of affairs in Mexico. The republican government has met with reverses, and the President, Juarez, is on our borders, fleeing to our country for protection. Seward is in trouble; all of us are, in fact. Many of the army officers are chafing to make war on the imperial government and drive the French from that country. They are regardless of the exhausted state of our affairs.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 366-7

Diary of Gideon Welles: Tuesday, August 29, 1865

At the meeting to-day Speed said he had associated with him in the case of Jeff Davis, Evarts of New York, Clifford of Massachusetts, and [no name given] of Kentucky. It was suggested that General Butler would be of use, perhaps. But the question arose whether he would be acceptable to the associate counsel. Speed said he would write to him if it were wished, and he would consult with the others. All admitted that such a man would be well in most respects, — had quickness, aptness, will, vigor, force, etc., etc., but yet might be an unpleasant associate, and there is danger that he would think more of Benjamin F. Butler than the case in hand.

Speed says no court can be held until November in Virginia, North Carolina, or Tennessee. At that late day, the session of the Supreme Court will be so near that it will be difficult to have such a protracted trial.

The President sent for the Chief Justice a few days since with a view to confer with him as to the place, time, etc., of holding the court, but Chase put himself on his judicial reserve. Of course the President did not press the subject. Yesterday, Chase called voluntarily on the President and had some general conversation and was in the President's opinion not disinclined to talk on the very subject which he the other day declined, but he little understands the character of President Johnson if he supposes that gentleman will ever again introduce that subject to him.

Judge Chase talked more especially of the inconvenient court arrangements at Norfolk, to which place the courts had been ordered by act of Congress instead of Richmond. I inquired if the Chief Justice could not order a special session of the court at an earlier day than the fourth Tuesday of November. Speed said he undoubtedly could if so disposed. I suggested that the inquiry had best be made. The President earnestly approved the suggestion. Thought it would be well to ascertain the views of the several Departments of the government, and know whether they were harmonious. If Judge Chase was disposed, the trial might come off in October, — ample accommodation would be provided in Norfolk; but unless the Chief Justice would order a special session, there must be delay. I have seen no indications of a desire on the part of the Chief Justice to preside at the trial of Davis.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 367-8

Tuesday, January 31, 2023

Diary of Gideon Welles: Tuesday, August 8, 1865

The subject of a change to relieve the President was discussed in Cabinet and Seward produced the order which he had prepared. There was no dissent as to the necessity of some action. Various matters were submitted by different members. I presented, at the request of Judge Wayne, the subject of paying debts in the Rebel States, and all thought none that were due prior to the War should, for the present at least, be considered.

Stanton submitted a number of not material questions, yet possessed of some little interest. Before the meeting closed, the subject of army movements on the Plains came up, and Stanton said there were three columns of twenty-two thousand troops moving into the Indian country, with a view to an Indian campaign. Inquiry as to the origin and authority of such a movement elicited nothing from the Secretary of War. He said he knew nothing on the subject. He had been told there was such a movement, and Meigs had informed him it was true. Grant had been written to for information, but Grant was away and he knew not when he should have a reply. The expenses of this movement could not, he said, be less than fifty millions of dollars. But he knew nothing about it.

All manifested surprise. The President, however, made, I observed, no inquiry or any comment. Whether this was intentional reticence, or the result of physical weariness or debility,—for he was far from well, I could not determine. I thought it alarming that there should be such an imposing demonstration on the part of the military, and the Administration, or executive officer of the War Department, ignorant in regard to it. If so, it is to his discredit; if not true, it is no less so. The only apology or excuse would be that the President had ordered this through General Grant, or assented to it at least. But this would be a slight upon the Secretary of War to which he would not possibly submit.

Following up this subject, Governor Dennison inquired of Stanton in relation to the recent general order dividing the country into eighteen military departments and assigning a multitude of generals to them. The question was mildly, pertinently, and appropriately put, but Stanton evinced intense feeling and acrimony. He said the Postmaster-General must address his inquiries to General Grant respecting that order, and he had no doubt General Grant would have been glad to have had Dennison's advice and direction on the subject. For his part he had not undertaken to instruct or advise General Grant.

There was a sneer and insolence in the manner, more offensive even than the words. I was on the point of inquiring if the civil administration of the government could not be informed on so important a subject, when Speed, who evidently saw there was feeling, hastened to introduce another topic. I was glad he did so, yet this state of things cannot endure.

I fell in with Dennison, or he with me, when taking my usual walk, and we at once got on to the subject of Stanton's insolent replies to-day. Dennison was, with reason, irritated. Said he had forborne to reply or pursue the subject because his temper was excited and there would have been a scene. He says he has known Stanton well for twenty-five years; that he is a charlatan and that he wanted D. to make a sharp reply on Grant in order that he might report it to that officer and thus create a difference.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 354-6

Diary of Gideon Welles: Friday, August 11, 1865

The question of the Indian war on the Plains was again brought forward. No one, it appears, has any knowledge on the question. The Secretary of War is in absolute ignorance. Says he has telegraphed to General Grant, and General G. says he has not ordered it. McCulloch wanted to know the probable expense, the numbers engaged, etc. Stanton thought McCulloch had better state how many should be engaged; said General Pope had command. Harlan said he considered Pope an improper man, was extravagant and wasteful. Thought twenty-two hundred instead of twenty-two thousand men was a better and sufficient number. This whole thing is a discredit to the War Department.

McCulloch inquired what should be done in regard to appointing officers of customs, revenue, etc., who could not take the oath which Congress prescribes. Speed advocated delay in making appointments. There was some favor of a modified oath. I queried whether the President was not empowered by the Constitution to select and nominate, and the Senate, if it chose, to confirm, independent of this restriction. In other words, was the President's constitutional prerogative to be thus narrowed by Congress? Seward said the President had signed the law, which in its operation was undoubtedly embarrassing to the Administration and injurious to the country. I remarked his signature could not make the law constitutional, if it was not constitutional; that one executive could not in this way tie up his successor. I was therefore for appointing good, true, honest men, whether they could or could not take this oath. Stanton was for appointing them without the oath, because the States are yet in rebellion. They were to be considered provisional appointments, and the law of Congress was inoperative until after the Rebellion was wholly suppressed. No other one indorsed or controverted this view, except as they had previously expressed their individual opinions. But the result was unanimous that the appointments should be made; that the current business of the Administration and the country must go on, notwithstanding unwise and ill-considered legislation.

Questions in relation to pardons were discussed. The President said that few had been granted, notwithstanding the clamor that was raised. No one who had been educated at public expense at either the Military or Naval School, no officer of the Army or Navy, no Member of Congress who had left his seat, no member of the Rebel government who had deserted and gone into that service, had been pardoned, nor did he propose at present to pardon any one of that class. It was understood that neither Davis, Stephens, nor any member of the Rebel Cabinet should be paroled.

The cases of Orr of South Carolina and Bennett of Kentucky came up. There was a kindly feeling towards Orr, but not towards Bennett. Orr had resisted secession but was compelled to go with his State, reluctantly and resistingly. Bennett went of his own accord and was a traitor to his State as well as the Union. Yet Bennett was, and is, urgently presented for pardon by Union men as well as others. This whole question is to be a troublesome one, and requires careful and discreet management. To some extent the action of the government must depend on the conduct of the Rebels and the people themselves. If they continue to organize themselves in opposition to the government, and strive to elect men on that basis, they will provoke stern measures towards themselves. One difficulty is whom to trust. All have violated their obligations as citizens by going into rebellion, and, if pardoned, will they act in better faith hereafter? Many Union men, in heart and sentiment, were forced by the State governments under which they lived into the Rebellion.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 357-9

Tuesday, December 13, 2022

Diary of Gideon Welles: Friday, July 28, 1865

Immediately after reaching the Department this morning I was told there was a suspension of action in the case of the Navy Agency. Soon after, Mr. Brown called. I told him he had not kept his promise of seeing me on Wednesday. He was, as Jack Downing says, “a little stumped” but said he supposed it was of no use. He then informed me that the President had been seen the night before, and had referred the case of the Navy Agency to the Attorney-General and the Solicitor of the Department for their written opinion on a legal point.

Mr. Bolles, the Solicitor, came in soon after Brown left, and said he had been with the President and Hamlin the previous evening, and that the President would in writing call for the written opinion of himself and Ashton, Acting Attorney-General. In a little time B. and A. came in. Ashton did not at first rightly comprehend the case, but soon reached it, and a brief but clear opinion was soon given and transmitted to the President. It will, I think, be conclusive, and dispense with the farther services of ExVice-President Hamlin for the present. Perhaps I judge him severely, but he seems to me a violent and unscrupulous man, avaricious and reckless. Mr. Bridge, Chief of Provisions and Clothing, says he has no doubt Hamlin is a partner of Brown in the Agency. He, as well as they, is from Maine, and from his position has had opportunities of forming correct opinions.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 345-6

Diary of Gideon Welles: Tuesday, August 1, 1865

 The President sends notice that there will be no Cabinet-meeting to-day. He went to Fortress Monroe on Sunday in a light river boat, and returned on Monday morning ill. He is reported quite indisposed to-day. As he takes no exercise and confines himself to his duties, his health must break down. Going down the river is a temporary relief from care and a beneficial change of atmosphere, but it gives no exercise. I admonish him frequently, but it has little effect.

The tone of sentiment and action of people of the South is injudicious and indiscreet in many respects. I know not if there is any remedy, but if not, other and serious disasters await them, — and us also perhaps, for if we are one people, dissension and wrong affect the whole.

The recent election in Richmond indicates a banding together of the Rebel element and a proscription of friends of the Union. This would be the natural tendency of things, perhaps, but there should be forbearance and kindness, in order to reinstate old fraternal feeling. Instead of this, the Rebels appear to be arrogant and offensively dictatorial. Perhaps there is exaggeration in this respect.

The military, it seems, have interfered and nullified the municipal election in Richmond, with the exception of a single officer. Why he alone should be retained, I do not understand. Nor am I informed, though I have little doubt, who directed and prompted this military squelching of a popular election. It was not a subject on which the Cabinet was informed. Such a step should not have been taken without deliberation, under good advisement, and with good reasons. There may have been such, for the Rebels have been foolish and insolent, and there was wanting a smart and stern rebuke rightly administered. If not right, the wicked may be benefited and their malpractices strengthened by the interference.

From various quarters we learn that the Rebels are organizing through the Southern States with a view to regaining political ascendency, and are pressing forward prominent Rebels for candidates in the approaching election. Graham in North Carolina, Etheridge in Tennessee, are types.

Seward and Speed are absent at Cape May. Dennison tells me that Stanton on Friday stated we had a military force of 42,000 on the Rio Grande. If so, this on the part of the military means war, and we are in no condition for war. I have not been entirely satisfied with Seward's management of the Mexican question. Our remonstrance or protest against French influence and dictation has been feeble and inefficient, but Stanton and Grant are, on the other hand, too belligerent.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 347-8

Tuesday, December 6, 2022

Diary of Gideon Welles: Friday, August 4, 1865

There was no Cabinet-session. The President is not yet well. Seward and Speed are absent. Stanton, I hear, is sick. Captain Drayton is very low. I called to see him this P.M. and fear he cannot survive. He is aware of the probable result of his illness but is calm, composed, resigned, and firm. Obviously he is prepared for the great summons, but is surprised that it is so suddenly and unexpectedly made. He said to me he could in no way account for it from his diet, habit, from any indulgence or care, or the want of it.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 352

Thursday, September 8, 2022

Diary of Gideon Welles: Friday, July 21, 1865

A very warm day. Thermometer 90 and upward. Chief subject at the Cabinet was the offense and the disposition of J. Davis. The President, it was evident, was for procuring a decision or having the views of the Cabinet. Seward thought the question might as well be disposed of now as at any time. He was satisfied there could be no conviction of such a man, for any offense, before any civil tribunal, and was therefore for arraigning him for treason, murder, and other offenses before a military commission. Dennison, who sat next him, immediately followed, and thought if the proof was clear and beyond question that Davis was a party to the assassination, then he would have him by all means brought before a military tribunal, but unless the proof was clear, beyond a peradventure, he would have him tried for high treason before the highest civil court. When asked what other court there was than the circuit court, he said he did not wish him tried before the court of this District. And when further asked to be more explicit on the subject of the question of murder or assassination, he said he would trust that matter to Judge Holt and the War Department, and, he then added, the Attorney-General. McCulloch would prefer, if there is to be a trial, that it should be in the courts, but was decidedly against any trial at present, would postpone the whole subject. Stanton was for a trial by the courts for treason, the highest of crimes, and, by the Constitution, only the courts could try him for that offense. Otherwise he would say a military commission. For all other offenses he would arraign him before the military commission. Subsequently, after examining the Constitution, he retracted the remark that the Constitution made it imperative that the trial for treason should be in the civil courts, yet he did not withdraw the preference he had expressed. I was emphatically for the civil court and an arraignment for treason; for an early institution of proceedings; and was willing the trial should take place in Virginia. If our laws or system were defective, it was well to bring them to a test. I had no doubt he was guilty of treason and believed he would be convicted, wherever tried. Harlan would not try him before a civil court unless satisfied there would be conviction. If there was a doubt, he wanted a military commission. He thought it would be much better to pardon Davis at once than to have him tried and not convicted. Such a result, he believed, would be most calamitous. He would, therefore, rather than run that risk prefer a military court. Speed was for a tribunal and for a trial for treason; but until the Rebellion was entirely suppressed he doubted if there could be a trial for treason. Davis is now a prisoner of war and was entitled to all the rights of belligerent, etc., etc. I inquired if Davis was not arrested and a reward offered for him and paid by our government as for other criminals.

The question of counsel and the institution of proceedings was discussed. In order to get the sense of each of the members, the President thought it would be well to have the matter presented in a distinct form. Seward promptly proposed that Jefferson Davis should be tried for treason, assassination, murder, conspiring to burn cities, etc., by a military commission. The question was so put, Seward and Harlan voting for it, the others against, with the exception of myself. The President asked my opinion. I told him I did not like the form in which the question was put. I would have him tried for military offenses by a military court, but for civil offenses I wanted the civil courts. I thought he should be tried for treason, and it seemed to me that the question before us should first be the crime and then the court. The others assented and the question put was, Shall J. D. be tried for treason? There was a unanimous response in the affirmative. Then the question as to the court. Dennison moved a civil court. All but Seward and Harlan were in the affirmative; they were in the negative.

Stanton read a letter from Fortress Monroe, saying Davis' health had been failing for the last fortnight; that the execution of the assassins had visibly affected him. Davis remarked that President Johnson was “quick on the trigger.”

I this day took possession of the rooms in the new wing which had been prepared and furnished for the Secretary of the Navy.

The solicitor, Mr. Bolles, arrived to-day and entered upon his duties so far as to take possession of his rooms. He was not anxious, I perceived, to enter upon his new duties on Friday, although he did not assign that as the reason for delay.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 337-40