Talked over the subject of Wilmington, examined its localities, and considered the position of things fully with Porter and Fox. I had intended Blair should have been present, for the meeting was at his house, but he was compelled to leave for Baltimore.
Porter has preferred retaining the Mississippi Squadron, but repeated what he has heretofore said, - that he had been treated kindly by the Department, and if I ordered him to go over Niagara Falls in an iron pot he should obey the order. In other words, he and every naval officer must submit and give up their own wishes to the orders of the Department without a murmur of dissent.
There was a special Cabinet-meeting to-day on the subject of the abandoned plantations. A person of the name of Wright wishes the President to put him in possession of what he claims to be his plantation, now in the occupancy of Mr. Flanders, the Treasury agent. It seems that F. has fifty-two of these plantations, or had some time since, perhaps he has more now.
The President said serious questions were rising in regard to this description of property; appeals were made to him, and he could not undertake to investigate and adjust them. Quite a discussion took place in which the President, Mr. Bates, and Mr. Stanton took the principal part. It was not made distinctly to appear how these plantations came into the hands of Mr. Flanders, the Treasury agent. All who were present, except Mr. Bates and myself, seemed to take it for granted that it was legitimate and proper. They said the law had prescribed how abandoned plantations became forfeit. Mr. Stanton said he had given the subject great attention and most thorough investigation, and he made a somewhat emphatic and labored argument, telling the President (very properly I think) he could not, and ought not to, take upon himself the details of these embarrassing questions; that when Admiral Farragut and General Butler took possession of New Orleans, many of the inhabitants fled, leaving their plantations, and kept themselves within the Rebel lines; thousands of negroes were left unprovided for. It became necessary for the government to provide for them; the military authorities had taken up their deserted plantations and seized others, and let them out for the negroes to work. When Mr. Chase got his Treasury agents at work, it was thought best to turn these plantations over to him. After a little time, Chase became sick of his bargain, and desired the War Department to retake possession and responsibility but he (S.) had, declined.
Mr. Bates wanted a definition of “abandoned.” Was it “abandonment” for a man to leave his home with his family and go for a few months to the North, or to Cuba, or to Richmond? etc. Mr. Stanton said the statute made that clear, but Mr. Bates thought Congress, though they made law, did not make dictionaries. I put the question if a man had two plantations, one in Alabama and one in Louisiana, at the time of the capture of New Orleans, and he, being in Alabama, remained there, within the Rebel lines, attending to his private domestic affairs, whether that would be an abandonment of his Louisiana plantation so that Mr. Flanders could take and hold it. I also asked if there was not a preliminary question to all this, — would it not be necessary to ascertain by proper, legal inquiry whether the owner was a Rebel and traitor.
There is too much of a disposition to jump to a conclusion — to take for granted — on many occasions. The owner by legal title-deeds and records is entitled to his land unless he has forfeited it. If a Rebel and traitor, he may have forfeited it, but who is to decide that he is a traitor? Not the military commander or quartermaster, and yet no other officer or tribunal has passed over them.
Some difference appeared between Fessenden and Stanton as to which should have the custody of the plantations. F. thought the agent should report to S. and vice versa. If seized or taken possession of from military necessity, I have never been able to see why the Treasury agent should have them. If not a military necessity, how can he have possession, except under some legal decision? It is not sufficient that the law says the land of a traitor shall be forfeited. Who shall expound and carry the law into effect, transferring title? Not the Treasury agent, certainly.
The President said he wished some means devised to relieve him from these questions. He could not undertake to investigate them. Stanton said that was true, but that, having given the subject great consideration, he was prepared to say what in his opinion was best, – that was that the whole of the matters pertaining to abandoned plantations should be turned over to the War Department and he would organize a bureau or tribunal to make rightful disposition of each case presented.
SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 148-50
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