Tuesday, January 31, 2023

Diary of Gideon Welles: Friday, August 11, 1865

The question of the Indian war on the Plains was again brought forward. No one, it appears, has any knowledge on the question. The Secretary of War is in absolute ignorance. Says he has telegraphed to General Grant, and General G. says he has not ordered it. McCulloch wanted to know the probable expense, the numbers engaged, etc. Stanton thought McCulloch had better state how many should be engaged; said General Pope had command. Harlan said he considered Pope an improper man, was extravagant and wasteful. Thought twenty-two hundred instead of twenty-two thousand men was a better and sufficient number. This whole thing is a discredit to the War Department.

McCulloch inquired what should be done in regard to appointing officers of customs, revenue, etc., who could not take the oath which Congress prescribes. Speed advocated delay in making appointments. There was some favor of a modified oath. I queried whether the President was not empowered by the Constitution to select and nominate, and the Senate, if it chose, to confirm, independent of this restriction. In other words, was the President's constitutional prerogative to be thus narrowed by Congress? Seward said the President had signed the law, which in its operation was undoubtedly embarrassing to the Administration and injurious to the country. I remarked his signature could not make the law constitutional, if it was not constitutional; that one executive could not in this way tie up his successor. I was therefore for appointing good, true, honest men, whether they could or could not take this oath. Stanton was for appointing them without the oath, because the States are yet in rebellion. They were to be considered provisional appointments, and the law of Congress was inoperative until after the Rebellion was wholly suppressed. No other one indorsed or controverted this view, except as they had previously expressed their individual opinions. But the result was unanimous that the appointments should be made; that the current business of the Administration and the country must go on, notwithstanding unwise and ill-considered legislation.

Questions in relation to pardons were discussed. The President said that few had been granted, notwithstanding the clamor that was raised. No one who had been educated at public expense at either the Military or Naval School, no officer of the Army or Navy, no Member of Congress who had left his seat, no member of the Rebel government who had deserted and gone into that service, had been pardoned, nor did he propose at present to pardon any one of that class. It was understood that neither Davis, Stephens, nor any member of the Rebel Cabinet should be paroled.

The cases of Orr of South Carolina and Bennett of Kentucky came up. There was a kindly feeling towards Orr, but not towards Bennett. Orr had resisted secession but was compelled to go with his State, reluctantly and resistingly. Bennett went of his own accord and was a traitor to his State as well as the Union. Yet Bennett was, and is, urgently presented for pardon by Union men as well as others. This whole question is to be a troublesome one, and requires careful and discreet management. To some extent the action of the government must depend on the conduct of the Rebels and the people themselves. If they continue to organize themselves in opposition to the government, and strive to elect men on that basis, they will provoke stern measures towards themselves. One difficulty is whom to trust. All have violated their obligations as citizens by going into rebellion, and, if pardoned, will they act in better faith hereafter? Many Union men, in heart and sentiment, were forced by the State governments under which they lived into the Rebellion.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 357-9

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