Diary of Gideon Welles: Tuesday, August 29, 1865

At the meeting to-day Speed said he had associated with him in the case of Jeff Davis, Evarts of New York, Clifford of Massachusetts, and [no name given] of Kentucky. It was suggested that General Butler would be of use, perhaps. But the question arose whether he would be acceptable to the associate counsel. Speed said he would write to him if it were wished, and he would consult with the others. All admitted that such a man would be well in most respects, — had quickness, aptness, will, vigor, force, etc., etc., but yet might be an unpleasant associate, and there is danger that he would think more of Benjamin F. Butler than the case in hand.

Speed says no court can be held until November in Virginia, North Carolina, or Tennessee. At that late day, the session of the Supreme Court will be so near that it will be difficult to have such a protracted trial.

The President sent for the Chief Justice a few days since with a view to confer with him as to the place, time, etc., of holding the court, but Chase put himself on his judicial reserve. Of course the President did not press the subject. Yesterday, Chase called voluntarily on the President and had some general conversation and was in the President's opinion not disinclined to talk on the very subject which he the other day declined, but he little understands the character of President Johnson if he supposes that gentleman will ever again introduce that subject to him.

Judge Chase talked more especially of the inconvenient court arrangements at Norfolk, to which place the courts had been ordered by act of Congress instead of Richmond. I inquired if the Chief Justice could not order a special session of the court at an earlier day than the fourth Tuesday of November. Speed said he undoubtedly could if so disposed. I suggested that the inquiry had best be made. The President earnestly approved the suggestion. Thought it would be well to ascertain the views of the several Departments of the government, and know whether they were harmonious. If Judge Chase was disposed, the trial might come off in October, — ample accommodation would be provided in Norfolk; but unless the Chief Justice would order a special session, there must be delay. I have seen no indications of a desire on the part of the Chief Justice to preside at the trial of Davis.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 367-8