Diary of Gideon Welles: Tuesday, June 20, 1865

Mr. Seward was absent from the Cabinet-meeting. All others were present. The meetings are better and more punctually attended than under Mr. Lincoln's administration, and measures are more generally discussed, which undoubtedly tends to better administration. Mrs. Seward lies at the point of death, which is the cause of Mr. Seward's absence.

The subject of appointments in the Southern States the Rebel States—was discussed. A difficulty is experienced in the stringent oath passed by the last Congress. Men are required to swear they have rendered no voluntary aid to the Rebellion, nor accepted or held office under the Rebel government. This oath is a device to perpetuate differences, if persisted in.

I was both amused and vexed with the propositions and suggestions for evading this oath. Stanton proposed that if the appointees would not take the whole oath, to swear to as much as they could. Speed was fussy and uncertain; did not know but what it would become necessary to call Congress together to get rid of this official oath. Harlan¹ believed the oath proper and that it should stand. Said it was carefully and deliberately framed, that it was designed, purposely, to exclude men from executive appointments. Mr. Wade and Mr. Sumner had this specially in view. Thought there was no difficulty in these appointments except judges. All other officers were temporary; judges were for life. I remarked that did not follow. If the Senate, when it convened, did not choose to confirm the judicial appointments, the incumbents could only hold until the close of the next session of Congress. But above and beyond this I denied that Congress could impose limitations and restrictions on the pardoning power, and thus circumscribe the President's prerogative. I claimed that the President could nominate, and the Senate confirm, an officer independent of that form and oath, and if the appointee took and faithfully conformed to the constitutional oath, he could not be molested. McCulloch inclined to my views, but Stanton insisted that point had been raised and decided and could not, therefore, be maintained. I claimed that no wrong decision could be binding, and I had no doubt of the wrongfulness of such a decision, denying that the constitutional rights of the Executive could be frittered away by legislation. There is partyism in all this, not union or country.

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¹ Harlan had succeeded Secretary Usher in the Department of the Interior.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 318-9