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.
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