Diary of Gideon Welles: February 1, 1866

Colonel Bolles and Eames have prepared an order for the President to sign for a mixed commission to try Semmes. I took it to the President this P.M. He expressed himself strongly against a military trial or military control. Wished the Navy to keep the case in its own hands. Said he wished to put no more in Holt's control than was absolutely necessary; that Holt was cruel and remorseless, made so perhaps by his employment and investigations; that his tendencies and conclusions were very bloody. The President said he had a large number of Holt's decisions now—pointing to the desk—which he disliked to take up; that all which came from that quarter partook of the traits of Nero and Draco. I have never heard him express himself so decidedly in regard to Holt, but have on one or two previous occasions perceived that his confidence in the Judge Advocate-General was shaken.

I long since was aware that Holt was severe and unrelenting, and am further compelled to think that, with a good deal of mental vigor and strength as a writer, he has strange weaknesses. He is credulous and often the dupe of his own imaginings. Believes men guilty on shadowy suspicions, and is ready to condemn them without trial.

Stanton has sometimes brought forward singular papers relating to conspiracies, and dark and murderous designs in which he had evident faith, and Holt has assured him in his suspicions.

I am glad that the President does not consider him infallible, and that he is guarded against the worst traits; the others will develop themselves, if they have not already.

I stated to the President that I would not advise a military, naval, or mixed commission to try Semmes for treason or piracy, for the civil tribunals had cognizance of those offenses. But if he had violated the laws of war for which he could not be arraigned in court, there was perhaps a necessity that we should act through a commission. He realized the distinction and the propriety of acting and wished me to bring the subject before the full Cabinet.

One of my troubles in the matter of the charges and specifications has been to limit our action to violations of the law of war. The lawyers who have it in charge, especially Colonel Bolles, are for embracing a wider range. He wishes to figure in the case.

Senator Dixon gave me to-day a slip from the New Haven Courier, written by Babcock, the Collector, taking issue with Deming in his late speech. Babcock sustains the policy of the President, and his article is very creditable. Dixon wished me to write him and says McCulloch will do so. I wish some of our more reliable friends would have the sagacity and determination to do this subject justice.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 423-4