Diary of Gideon Welles: Tuesday, July 18, 1865

The President to-day in Cabinet, after current business was disposed of, brought forward the subject of Jefferson Davis' trial, on which he desired the views of the members. Mr. Seward thought there should be no haste. The large amount of papers of the Rebel government had not yet been examined, and much that would have a bearing on this question might be expected to be found among them. Whenever Davis should be brought to trial, he was clear and decided that it should be before a military commission, for he had no confidence in proceeding before a civil court. He was very full of talk, and very positive that there should be delay until the Rebel papers were examined, and quite emphatic and decided that a military court should try Davis. Stanton did not dissent from this, and yet was not as explicit as Seward. He said he intended to give the examination of the Rebel papers to Dr. Lieber,¹ and with the force he could give him believed the examination could be completed in two weeks' time. Subsequently it was said Dr. L. had gone home and would return next week.

McCulloch was not prepared to express an opinion but thought no harm would result from delay.

I doubted the resort to a military commission and thought there should be an early trial. Whether, were he to be tried in Virginia, as it was said he might be, the country was sufficiently composed and organized might be a question, but I was for a trial before a civil, not a military, tribunal, and for treason, not for the assassination. Both Seward and Stanton interrupted me and went into a discussion of the assassination, and the impossibility of a conviction, Seward taking the lead. It was evident these two intended there should be no result at this time and the talk became discursive. Twice the President brought all back to the question, and did not conceal his anxiety that we should come to some determination. But we got none.

While in Cabinet a dispatch from Admiral Radford was sent me, stating that the Treasury agent, Loomis, at Richmond, claimed the ship timber in the Navy Yard at that place. I handed the dispatch to McCulloch and asked what it meant. He professed not to know and I told him I would bring the matter up as soon as the subject under discussion was disposed of. He directly after came to me and said he must go, and should be satisfied with whatever conclusion we came to. Before he got away, the matter in hand was postponed, and I then called his attention to the dispatch. He said there was no necessity for discussing the matter, he was disposed to yield to whatever I claimed, which I told him was all ship timber and all naval property.

I was satisfied that there was money in this proceeding. Governor Pierpont wrote me a week or two since that the railroad companies wanted this timber for railroad purposes, but I declined letting them have it. Hence these other proceedings, wholly regardless of the public interest.

Later in the day I went to the Treasury Department and was assured that a telegram should be sent to the Treasury agent, to give up this timber to the Navy.

Seward explained farther about the French-Mexican matter. He is evidently much annoyed by Blair's speech. Says Bigelow never made the remarks imputed to him, and those which he did make were unauthorized and denounced.

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¹ Francis Lieber.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 335-6