I called on the President Satur: day, the 26th, as I had promised him I would the day before, with my abstract for the message, intending to have a full, free talk with him on the subjects that were under review the day previous. But Mr. Bates was there with his resignation, and evidently anxious to have a private interview with the President.
The question of Chief Justice has excited much remark and caused quite a movement with many. Mr. Chase is expecting it, and he has many strong friends who are urging him. But I have not much idea that the President will appoint him, nor is it advisable he should. I had called on the President on the 23d, and had some conversation, after dispatching a little business, in regard to this appointment of Chief Justice. He said there was a great pressure and a good many talked of, but that he had not prepared his message and did not intend to take up the subject of judge before the session commenced.
“There is," said he, "a tremendous pressure just now for Evarts of New York, who, I suppose, is a good lawyer?” This he put inquiringly. I stated that he stood among the foremost at the New York bar; perhaps no one was more prominent as a lawyer. "But that," I remarked, “is not all. Our Chief Justice must have a judicial mind, be upright, of strict integrity, not too pliant; should be a statesman and a politician.” By politician I did not mean a partisan. [I said] that it appeared to me the occasion should be improved to place at the head of the court a man, not a partisan, but one who was impressed with the principles and doctrines which had brought this Administration into power; that it would conduce to the public welfare and his own comfort to have harmony between himself and the judicial department, and that it was all-important that he should have a judge who would be a correct and faithful expositor of the principles of his administration and policy after his administration shall have closed. I stated that among the candidates who had been named, Mr. Montgomery Blair, it appeared to me, best conformed to these requirements; that the President knew the man, his ability, his truthfulness, honesty, and courage.
The President at different points expressed his concurrence in my views, and spoke kindly and complimentarily of Mr. Blair, but did not in any way commit himself, nor did I expect or suppose he would.
I have since seen and had a full conversation with Blair. We had previously exchanged a few words on the subject. I then stated to him that, while it would gratify me to see him on the bench, I preferred that he should continue in active political life, and that I had especially desired he should go into the War Department. This point was alluded to in our present interview, and he confessed the War Department was more congenial to his feelings, but Seward wanted a tool there, and if he had influence, it would be exerted against him (Blair) for that place. Yet in a conversation which he had with Seward about a week since, Seward had given him (Blair) to understand that he was his (Seward's) candidate for Chief Justice. I told him that he could hardly be sincere in this, for Evarts would not consent to be a candidate nor think of it if Seward was not for him. Blair seemed a little shocked with this view of facts, and remarked that if Seward was not for him he was an infernal hypocrite.
Blair says he is singularly placed at this juncture, for the Marylanders are disposed to put him in the Senate at this time, while this judicial appointment is pending. I told him that personally I should be as much pleased to see him in the Senate as in the Court.
Governor Dennison, Postmaster-General, called at my house this evening to have some conversation on the subject of judge. He says he is and was at the last session committed for his fellow townsman Judge Swayne, who was at the time recommended by all on the bench; that he had called on the President at that time in behalf of Swayne, and the President then remarked that that seemed a settled question in which all were agreed. Governor D. is now a little embarrassed, for he feels particularly friendly to Blair.
As regards Mr. Chase, Governor D., like myself, thinks it impossible that he should receive the appointment, that it is one which the President cannot properly make. Says they could not assimilate, and that, were Chase in that position,—a life tenure,—he would exhibit his resentments against the President, who he thinks has prevented his upward official career. He then told me that he labored to get Chase into the Treasury, and how sadly he had been disappointed over his failure as a financier. One of the strong traits of Chase, he says, is the memory of differences, and that he never forgets or forgives those who have once thwarted him. He may suppress his revenge, but it is abiding.
The resignation of Attorney-General Bates has initiated more intrigues. A host of candidates are thrust forward, or are thrusting themselves forward. Evarts, Holt, Cushing, Whiting, and the Lord knows who, are all candidates. Under the circumstances it appears to me the appointment must go to one of the Border States, and hence I have thought Holt would most probably be the candidate of the President. He is, moreover, of Democratic antecedents; still I have no information on the subject.
Fox tells me that Whiting sought him yesterday and introduced the subject of the Navy Department, and inquired of Fox if he would remain were I to leave. To this F. says he replied he thought not, for we had got along so well together that he did not believe he could be reconciled to another. Whiting told him that would have great influence in the matter; that it was thought Senator Grimes might be offered the appointment if there was a change. All of this means that Whiting wants to be Attorney-General, but New England cannot have more appointments, and the little fellow is intriguing for a remote chance. Could the Secretary of the Navy come from Iowa, the Attorney-General, he thinks, might be selected from New England. The game is very easily read. Little Whiting's intrigues are not equal to his egotism, and yet he is a convenient instrument for others. He writes for Stanton, for Seward, and for the President, and intrigues generally. But he overestimates himself. He will never go into the Cabinet.
R. H. Gillett, formerly Solicitor of the Treasury, now a practicing lawyer, chiefly in the Supreme Court, stopped me a few mornings since to relate his last interview with Judge Taney. They were discussing governmental affairs. The Chief Justice was, he says, communicative and instructive. He said the Navy Department made less noise than some of the others, but no Department of the government was so well managed or better performed its duty.
This was, and is, high praise from a quarter that makes it appreciated. The Chief Justice could, as well as any man, form a correct opinion, and in giving it he must have been disinterested. Twenty-five and thirty years ago we were slightly acquainted, but I do not remember that I have exchanged a word with him since the days of Van Buren, perhaps I did in Polk's administration. The proceedings in the Dred Scott case alienated my feelings entirely. I have never called on him, as I perhaps ought in courtesy to have done, but it was not in me, for I have looked on him and his court as having contributed, unintentionally perhaps, but largely, to the calamities of our afflicted country. They probably did not mean treason but thought their wisdom and official position would give national sanction to a great wrong. Whether Judge T. retained any recollection of me, or our former slight acquaintance, I probably shall never know, but his compliment I highly value.
The case of the Florida has from time to time and in various ways been up. She was taken by Collins in the Wachusett at Bahia and brought to Hampton Roads. Having been captured in neutral waters, a great outcry has gone up from the English press and people, and some of our own have manifested a morbid sentiment with those English who have nothing to do with the subject. The Secretary of State has not known what to say, and, I think, not what to do. In our first or second conversation he expressed a hope that we should not be compelled to give up the Florida, and this he repeated in each of our subsequent interviews. I told him the idea ought not to be seriously thought of for a moment, and said that I knew of no instance where a belligerent armed vessel had been restored. That he owed a respectful apology to Brazil, I not only admitted but asserted. We have disturbed her peace, been guilty of discourtesy, etc., etc. Yet Brazil herself has in the first instance done wrong. She has given refuge and aid to the robbers whom she does not recognize as a government. She has, while holding amicable relations with us, seen these pirates seize and burn our merchant vessels, and permitted these plundering marauders to get supplies and to refit in her ports, and almost make her harbors the base of operations. What Brazil will demand or require I know not. Although she has done wrong to us in giving comfort and assistance to these robbers, I would make amends for her offended sovereignty by any proper acknowledgments. I do not believe she will have the impudence to ask restitution. If she did, it would be under British prompting and I would not give it. The case is not as if the war was between two nations. Yet some of our politicians and editors are treating it as such. Among others the New York Evening Post. I am inclined to think there is something personal towards me in this pertness of the Evening Post. The papers have alluded to differences between Seward and myself. There has been no such controversy or difference as the Post represents on this subject. All our talk has been amicable, he doubtful and hesitating, I decided and firm on certain points which, if he does not assent to, he does not controvert. But the publisher of the Evening Post is held in bail for malfeasance at the instance of the Navy Department. Great efforts have been made to let him off, to which I could not yield, and his case is to come off before the grand jury now in session. Under these circumstances the editors of the Post are very willing to differ with me on a public question, and yet they would never admit that they were actuated by personal considerations or a design to influence and bias the jury. It is, they think, their nice sense of honor, which would have us, as a nation, humble ourselves to Brazil for having taken a pirate by the throat within her jurisdiction, and that same sense of honor would screen a malefactor from exposure and punishment.
Brazil, and other governments who have given shelter, comfort, and aid to the piratical vessels that have plundered our commerce under a pretended flag which neither Brazil nor any other nation recognizes, committed the first great wrong. The government of Brazil is aware that the Rebel pirates have no admiralty court, that they have never sent in a vessel captured for condemnation; therefore Brazil herself, by permitting and acquiescing in the outrages on a friendly nation, is the first aggressor, and she should be held to it. If we have injured Brazil, let us make reparation, full and ample. If she has injured us, let her do her duty also, in this respect. So far as her majesty is disturbed by our taking a sneaking thief, whom she was entertaining, by the throat, — an outlaw with some of his robberies upon him, — let all proper atonement be made.
I suggested to Mr. Seward that proceedings should be commenced against the prisoners captured on the Florida as pirates, but he shrank from it, although it would have relieved him of many difficulties. It would not have been wrong to have gone to extremes with them, but the prosecution would bring out the true points and stop noise.
Governor Morgan detailed his journey with Governor Morrill through the different States, visiting the different governors and our political friends prior to the election, under an appointment, it seems, from the Secretary of War, ostensibly to attend to the draft. It was when political affairs looked darkest. He thinks that he and M. under this appointment and visit did much to dissipate the gloom. The intrigues of the radicals were totally defeated, and, after opposing and abusing the President, all of them finally came in, as I had no doubt they would. Morgan says the malcontents held their final secret meeting at the house of one of the editors of the Evening Post.
Chase was, Morgan says, open and sharp in his opposition to the President, — they heard of him at various places, but, finding he could accomplish nothing, he eventually came in, called on the President, procured the sacrifice of Blair as a pretext for his wounded and bruised feelings and those of his friends. This is Morgan's representation.
There was probably something in this, and also, I think, in the intrigues of Thurlow Weed. Strange antagonisms seem to have been harnessed up together in some partypolitical personal operations. Morgan thinks Chase will be appointed Chief Justice, but I do not yet arrive at that conclusion. The President sometimes does strange things, but this would be a singular mistake, in my opinion, for one who is so shrewd and honest, — an appointment that he would soon regret. In this M. agrees with me, and also that Blair is the man.
The place of Attorney-General has been tendered to Holt, who declines it, preferring his present position. This I think an error; that is, no man should decline a place of such responsibility in times like these when the country is so unanimous in his favor. Whiting, Solicitor of the War Department and patent lawyer, is sorely disappointed.
SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 181-7
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