Diary of Gideon Welles: Tuesday, May 1, 1866

We have intelligence that Valparaiso has been bombarded by the Spaniards. A brutal and semi-barbarous proceeding on the part of Spain.

In Cabinet the President brought forward the subject of Reconstruction as now before Congress in the report of the Committee of Fifteen. He said his purpose was to know the opinions of the several members of the Cabinet in regard to these propositions of the Committee and his own policy, which was different.

Seward in a very long talk expressed himself opposed to the plan of the Committee. Stanton broke in upon the President before Seward. Was very glad the President had brought the matter before the Cabinet in this formal manner. He had, like all the members of the Cabinet, approved the policy of the President from the beginning. With one or two others he had, he said, taken at the inception a different view of negro suffrage, or, as he expressed it, of allowing all the people of the State to vote. But in all his talk, which was very loud and emphatic, he expressed no opinion on the subject before us, either of sustaining or opposing the scheme of Thad Stevens and his Committee.

Mr. McCulloch was very decided in his opposition to the plan of the Committee and equally decided in favor of the President's policy. He declared himself not so hopeful as Mr. Seward, especially since reading the scheme of the Committee.

Dennison, who interposed out of the usual order, thought it premature to express any opinion, for it was not yet certain what course Congress would take.

Stanton, who should have followed McCulloch, was silent, evidently intending to be passed as having already spoken, though really giving no opinion. I was not disposed to permit any such get-off and therefore waited.

The President, whose feelings were very intense, spoke at some length in regard to the condition of the country, the effect which these schemes must have on the efforts to reestablish the Union.

Mr. Dennison again spoke at some length, expressing himself opposed to many things in the programme of the Committee, and was not prepared to say how long representation should be denied to the Southern States. Thought four years too long.

McCulloch, who has important business at his Department almost always when we have grave and important questions, obtained permission to leave, having stated his views.

The President, holding the paper in his hand, said he had brought the subject forward that he might know how each one viewed it. I remarked that was very proper and I trusted each would state his opinion, that I thought it due to him, and I then turned towards Stanton. Thus appealed to, and the President turning towards him also, Stanton said he did not approve the propositions of the Committee in the present form; he believed they might be amended and essentially improved, and thought it worth  the attempt to reconcile action between the President and Congress.

I declared myself unequivocally opposed to the whole scheme, which I considered an outrage and a wrong. I said that I was not in favor of any Constitutional Amendment in the present condition of the country, that I knew not what right Congress had to pass amnesty laws or prescribe terms to the States.

Stanton interrupted to say that I was opposed to any terms with Congress, that I was ironclad on this subject of Reconstruction, and had not only fifteen-inch guns leveled against Congress, but was for running my prow into them.

I replied that I was not aware that I was unreasonable, but my convictions were that Congress had no authority to prescribe terms on which States should be represented; that the Constitution had done this; that each house was entitled to pass on the election and qualifications of each member of its own body.

Stanton said that the convictions of Congress were exactly opposed to mine, and, therefore, I could make no compromise with them. I told him I could compromise no principle, nor consent to any usurpation.

Dennison again said he was opposed to the plan, but repeated that he did not know how soon the people or States should be represented. I said immediately, if the Representatives were loyal, I wish they could be sworn in to-morrow.

Harlan was very reserved. He agreed, he said, with Mr. Stanton in pretty much all he had said, and had no doubt a majority of Congress wanted to be in harmony with the President.

The session was very long, extending over nearly four hours, most of the time on the subject of Reconstruction, the President speaking twice at considerable length and objecting to all conditions precedent to admitting loyal Members to the seats.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 495-7

Diary of Gideon Welles: Wednesday, May 2, 1866

The papers to-day contain a synopsis of what took place yesterday in the Cabinet on the subject of Reconstruction. I have no doubt that the President himself furnished the information and probably the report precisely as it is published. He has shown tact and sagacity in doing it. The report of the position of each member is accurate, although I think Stanton was less decided than stated. Nevertheless he intended that the President should take that impression, and I appreciate the adroitness of the President in giving publicity to Stanton's position as he represented himself in the Cabinet. The Radical friends of Stanton will be incredulous as to his position in the Cabinet. He must, however, content himself with the exposition made or openly deny it. He can no longer equivocate or dissemble.

In a conversation which I had with the President yesterday after the other members left, he remarked that the time had come when we must know whether we had a united or divided Cabinet; that the Radicals had strengthened themselves by constant representations that portions of the Cabinet were with them.

To-day Seward remarked to me that while he should say nothing in regard to the opinion of his associates, he had said, and should repeat to others, that he was not misrepresented in the report. I told him I was glad that Stanton's position was so clearly defined, for I had not so understood him. Seward said Stanton had gone along with us so far; that Stanton had come into Mr. Lincoln's Cabinet under peculiar circumstances, and had said to him (Seward) that he should stand by his (Seward's) policy while he remained in the Cabinet and go with him on all essential questions.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 498

Diary of Gideon Welles: Monday, April 16, 1866

Senator Doolittle came yesterday. I told him I had seen the President on Saturday and learned from him that he (D.) had been at the Mansion on Friday evening. I made known to him the feelings of the President and that he was not prepared for an open rupture, but Doolittle said that would not do. The President must act promptly. We were losing by delay. Wanted to know how Dennison stood and asked me to go with him and call on Dennison.

But the Governor was not in, and we went on to the President's, whose carriage was standing at the door. I said we must not deter the President from his ride, he took so little exercise. Patterson, his son-in-law, we met at the top of the stairs, who told us the President had company through the day, that Smythe had been there and it was, he thought, definitely settled that S. should be Collector at New York. Smythe, from what I hear of him, is better than some of the candidates, perhaps better than any. It has occurred to me that certain New York gentlemen were selecting for themselves, rather than the Administration.

Passing Montgomery Blair's with a view of calling on his father, the former came to the door and asked me in, while he sent for his father. As usual, the Judge was strong in his opinions against Seward, Stanton, and others. He predicts another revolution or rebellion as the inevitable consequence of measures now being pursued. Says there will be two governments organized here in Washington.

Maynard of Tennessee made a similar suggestion at my house two or three evenings since. He believes that the Senators and Representatives of the next Congress will appear from all the States, that those from the Rebel States will, with the Democratic Members from the loyal States, constitute a majority, that they will organize and by resolution dispense with the test oath and have things their own way. The extreme and reprehensible course of the Radicals is undoubtedly hurrying on a crisis, which will overwhelm them, if it does not embroil, perhaps subvert, the government, but the South is too exhausted and the Northern Democrats too timid, narrow-minded, and tired for such a step.

The Fenians are reported to be gathering in some force at Eastport in Maine. The Winooski, gunboat, was sent thither last week with orders to wait instructions. Seward advised that no instructions should, for the present, be sent, but on Saturday I forwarded general orders to preserve neutrality. This evening Seward called at my house and wanted instructions sent by telegraph. Told him I had already sent by mail, but would send a telegram also.

Sperry, Postmaster at New Haven, was at my house last evening, and is very full of Connecticut parties and Connecticut politics, with a professed desire to sustain the Administration, and the usual wish to make the Party in Connecticut and the Administration identical, a work which more distinguished men than he are laboring in vain to effect, not only in that State but elsewhere. What is irreconcilable cannot be made to harmonize. The organization, or those who control the organization, of the Union Party, are studiously, designedly opposed to the Administration, and it is their purpose to break it down, provided they cannot control it and compel unconstitutional action. They have no thought for the country, but are all for party. Sperry is for himself.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 483-5

Diary of Gideon Welles: Tuesday, April 17, 1866

Seward read the dispatches which he proposed to send to Mr. Motley,—the first, protesting against the sending of troops to Mexico by the Austrian Government, the second, in case they did send, after being thus notified, that he ask for his papers and withdraw from Vienna.

McCulloch favored the first paper, but objected to the last; deprecated war under any circumstances, and even at any time for so worthless a people as the Mexicans. Stanton was for both. Dennison was most emphatic for both and for maintaining the Monroe Doctrine. Was ready to fight the European Powers, if they presumed to interfere with the American states; considered the honor and welfare of the country involved in this. Speed concurred with McCulloch, Harlan with Dennison. I suggested it would have been better, and would now be better, to meet the real party if we were to do anything; that we should take the head of France rather than the tail of Austria. That I did not mean to object to the measures marked out by the Secretary of State, which I looked upon as a menace, but that to fire off an ultimatum to remote Austria, while we had done nothing of the kind as regards France, whose troops were on our Southwestern frontiers, did not strike me favorably.

Seward said he was only waiting Bigelow's dispatches to take the same course towards France, if she did not recede. Have a telegram this evening from Commander Cooper of the Winooski that the Ocean Spray had arrived at Eastport with five hundred stand of arms and asking if he should permit them to land. Within five minutes Colonel Seward came in with papers from the Secretary of State, consisting of a note from Sir Frederick Bruce, inclosing two telegrams from Eastport in regard to arms on the Spray, urging that the arms and the Fenians should not be permitted to meet. These had been sent to Stanton, who had returned them with a note [to the effect] that General Meade was on his way to Eastport, but he disliked to send an order by telegraph, for that would apprize the Fenians of his coming, and suggesting that the Navy could take some action. Seward wrote in pencil on the back of the envelope inclosing the papers, that I "could send orders to restrain action, or another to that effect."

I observe that these men are very chary about disturbing the Fenians, and I do not care to travel out of the line of duty to relieve them. I therefore sent word that I was content to leave the subject with Cooper till to-morrow, when General Meade would doubtless be at Eastport; if not, the civil authorities were there, with whom the Navy would coöperate, or whom they could assist.

Speed and Stanton expressed an opinion, in which others of the Cabinet concurred, that property once taken and used by the Rebel Government became forfeited to the original owner and was legal capture. I had so previously decided last fall on the question of twenty-two rollers and machinery captured at Charlotte and now at Norfolk.

Thad Stevens yesterday introduced a resolution directing that three copies of Forney's Chronicle should be sent to our legations and consuls abroad and be paid for out of the contingent of the House, — a monstrous proposition made in wanton recklessness and supported by sixty votes. Forney in return puffs Stevens as the "Great Commoner."

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 485-7

Edwin M. Stanton to James Buchanan, March 16, 1861

WASHINGTON, March 16, 1861.

Every day affords proof of the absence of any settled policy or harmonious concert of action in the administration. Seward, Bates and Cameron form one wing; Chase, Miller, Blair, the opposite wing; Smith is on both sides, and Lincoln sometimes on one and sometimes on the other. There has been agreement in nothing. Lincoln, it is complained in the streets, has undertaken to distribute the whole patronage, small and great, leaving nothing to the chiefs of departments. Growls about Scott's "imbecility" are frequent The Republicans are beginning to think that a monstrous blunder was made in the tariff bill, and that it will cut off the trade of New York, build up New Orleans and the Southern ports, and leave the government no revenue; they see before them the prospect of some being without money and without credit. But with all this it is certain that Anderson will be withdrawn.

SOURCE: Lyon Gardiner Tyler, The Letters and Times of the Tylers, Volume 2, p. 636

General William T. Sherman to Senator John Sherman, May 25, 1875

HEADQUARTERS ARMY OF THE UNITED STATES,

ST. LOUIS, MO., May 25, 1875.

Dear Brother: . . . No matter how unwise were my conditions with Johnston they were secret, and his [Stanton's] divulgence was a betrayal of me; and Stanton knew it. At all events, he himself made so much clamor that history is not perfect unless the matter be wholly explained, and I think I have done it fairly.¹

 . . . I believe, had I submitted to Stanton's and Halleck's insults of 1865, I should have been swept aside like any other piece of war rubbish at the reorganization of the army. . . .

Yours affectionately,

W. T. SHERMAN.

_______________

¹ See Sherman’s Memoirs.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 345

Diary of Gideon Welles: Tuesday, April 10, 1866

Though not well to-day nor for several days past, I went to Department and to Cabinet meeting. Quite a discussion on the Mexican question. Seward proposes to give Austria notice that she must not assist the Imperialists in Mexico. Some of us asked why notice to that effect had not already been served upon the French. He said the French had been notified, but there had not been sufficient time to receive an answer. I had little faith in French promises, as I have often said when this subject has been up. Dennison to-day expressed similar opinion and has always been ardent on this matter of French occupancy in Mexico. Seward showed some irritability, as I have seen him on one or two occasions when this subject has been discussed.

The President inquired privately in regard to the Chattanooga,—when she would probably be ready, what Mr. Seward thought of it, etc. I told him all was right, that the vessel would probably sail soon after the 1st prox.

The Civil Rights Bill passed the House yesterday by a vote of nearly three to one. The party drill was very effective. Only Raymond of the Radicals voted to sustain the veto. He has been general manager in the House, but could not carry a single member with him if he tried, nor could Seward help him, or he did not. All of Stanton's pets were active in opposing the veto. Bingham, who had been vehement in denouncing the bill as a bundle of unconstitutional outrages, had besought a veto, urged objections, was quieted, paired off; did not vote; listened to Stanton and could not shake off the fetters of party. Not a word escaped the President to-day on the subject, but it was evident he felt deeply. I, for one, would not introduce the topic, for I could not, unasked, state my opinions, which would be in opposition, and almost discourteous, to some of my associates. Oh, Bingham! Bingham!

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 479-80

Diary of Gideon Welles: Friday, April 13, 1866

I do not get well. But little of interest. British fund agents and brokers show great impudence in regard to Rebel debts and cotton loans. McHenry, Richardson, and others present plans and schemes which are deserving such a rebuke as should be felt by them and their countrymen.

Stanton made some crude suggestions for national quarantine, not very explicit, and beset with difficulties. I asked if anything of the kind had ever been attempted, if it was not a matter for State or municipal, rather than federal, regulation. He admitted it was, but the other members had not given the subject a thought and did not like to come athwart Stanton.

Doolittle called on me last night full of exceeding great trouble. Insists the President has not as yet taken so firm and decided a stand as duty requires. Wishes me to counsel and urge upon him the necessity of doing something positive. Says the impression is getting pretty universal that the President can do nothing for himself, etc., etc. There is some truth in all this; not that the President lacks courage, but he dislikes to break with those who elected him.

Doolittle wishes Speed to leave, and Stanton also. Says the first has no stamina, nor power, nor character as a lawyer. That he is the laughing-stock of the court and of the first lawyers. Does not and cannot strengthen the President. Suggests that Stanton should be turned out and that Grant should be assigned, temporarily, to the Department. Doolittle earnestly desires me to counsel the President. I told him it would be delicate for me to do so, even if invited by the President, but I would not obtrude upon him in such a matter concerning my colleagues.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 480

Diary of Gideon Welles: Saturday, April 14, 1866

This being the anniversary of the assassination of President Lincoln, the several Departments were closed by order of the President.

Had an hour's talk with the President on several matters, but chiefly in relation to the policy of the Administration, which was brought about by my referring to the interview which I had had with Senator Doolittle on Thursday evening, and his urgent request that I would communicate with the President on the subject-matter of our consultation. I remarked that there were certain suggestions, which delicacy forbade me to mention, unsolicited, but that there was an apprehension that the Radicals were strengthening themselves by the non-action, or limited actions, of the Executive and by conceding to Members of Congress almost all opportunities [for placing] their Radical friends.

The President said it was exceedingly annoying and discouraging to witness so good a man as Doolittle desponding, and especially on the subject of removals and appointments, when Doolittle himself was not prepared to take or recommend action, even in his own State. It was true that his Cabinet was not in all respects what he wished; but he had taken it as he found it. Harlan, to be sure, came in later, but it was understood he sought and desired the position, although he had since obtained an election to the Senate. He supposed Harlan was not in accord with the policy of the Administration, and delicacy and propriety would seem to prompt him to resign. But he had, as yet, shown no disposition to give up his place. Speed, he said, certainly added no strength to the Administration, was manifestly in harmony with the Radicals, advising with and encouraging them. Delicacy should cause him, feeling as he did, to retire, but he had made no advance in that direction, nor would he, probably, uninvited. Stanton, he remarked, was claimed by the Radicals to be in their interst, and probably such was the fact, yet he had given him no intimation of that character, except in some general criticism on one or two measures in which he finally yielded and acquiesced. His Department had been an absorbing one during the War and still was formidable. To have an open rupture with him in the present condition of affairs would be embarrassing certainly, yet Stanton held on.

The delicacies and proprieties which should govern the relations that are supposed to exist between a President and his Cabinet associates—his political family, as it were—would indicate to men of proper sensibility the course which they should pursue, if they did not agree with the person whom they were expected to advise in the administration of affairs. If these three men did not approve his general policy, the President said they had not, as he was aware, disapproved of it. Statements were made in some of the Radical papers that the persons named were opposed to the Administration of which they were a part. Rumors to that effect had come to him in such a way and from such sources that he was not at liberty to doubt it. "Still they hold on here, and some of them likely report our proceedings. I do not, however, know the fact. What, then, can I do? Are these men to whom I give my confidence hypocrites, faithless, insincere, treacherous? The time has not arrived for a decisive stand. With mischievous Radical leaders, who appear to have little regard for the country, it is not a proper time to take upon ourselves other quarrels nearer home."

The President said he had borne, as well as he could, the malicious war which had been waged upon him for doing his duty, administering the Government for the whole country, not for a faction. If the schemes of the Radical managers to control the Executive had sometimes annoyed him, they had not caused him to deviate from what he was satisfied was right and for the best interest of the country. But it did grieve and wound him to witness such men as Doolittle desponding and giving way. Cowan, an intelligent, sensible, and good Senator, he said, was also complaining, and it was hard to be under the necessity of holding these men up, while compelled to encounter the whole opposition. Their discouragement afflicted him more than all that the Radicals had done or would do.

Only a day or two since Cowan had, with others, pressed earnestly for some changes in Pennsylvania which they said ought by all means to be made, and on their representations he had finally agreed to make some changes. But just as they were being ordered, Cowan began to show and have doubt, asked a suspension, and finally backed down and would consent to but two of the same changes he had urged. "These men take upon themselves no responsibility while goading me on to move, when I am breasting this storm." This he said he was ready to do. It was a duty and he could meet it, but it pained him to have good and true friends waver.

At the proper time he should be ready to act, but his friends must permit him to judge when to act. It would be pleasanter to him to have more cordiality, a more free interchange of opinions, more unity and earnestness on the part of all his Cabinet, for there was obvious distrust among them,—distrust of each other, and that on topics where the Administration was most interested.

I have given the substance and, so far as I can recall, the words. There was much desultory conversation intermixed.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 481-3

Diary of Gideon Welles: Friday, March 30, 1866

Mr. Seward brought up in the Cabinet to-day the subject of the purchase of the Danish islands in the West Indies, particularly St. Thomas. For a year or so the question has been under consideration. The Danes wish to sell and first edged in the matter gently. The Secretary of State did not give the matter earnest attention, but the Navy Department in our war, feeling the want of a station in the West Indies, has favored the subject. My Report of 1865 roused the Secretary of State, and he began when the War was over to press the purchase, first talking round about the French islands. Finally he visited St. Thomas in a public ship. I do not think there has been over-much shrewdness in the transaction on our part as yet. It would have been better for Seward to have remained away from the islands, but should we acquire it his visit will undoubtedly become historical, and it will not afflict him, perhaps, if the country pays largely for the record of his name and visit.

He proposes to offer ten millions for all the Danish islands. I think it a large sum. At least double what I would have offered when the islands were wanted, and three times as much as I am willing the Government should give now. In fact I doubt if Congress would purchase for three millions, and I must see Seward and tell him my opinion.

I again brought the subject of Semmes's trial before the Cabinet. The question should be disposed of, for we are detaining our officers and others as witnesses. Speed has recommended that the trial should go forward under the mixed commission, and to-day recommended it anew. Said it would be an interesting trial. Stanton said he did not advise it for mere curiosity, but if the proceedings were to take place he would wish thorough work should be made and the extreme penalty of the law inflicted. Governor Dennison was very prompt and decided in the expression of his wish that Semmes should be tried and punished.

I repeated what I have frequently stated, that the Navy Department would have nothing to do with trying him for treason, piracy, or any offense which could be reached by the civil courts, but he was charged with, and I suppose was guilty of, violating the usages and laws of war. The truth was, however, on investigating the subject, the points had been narrowed down and mitigated, so that I believed his offense was really less aggravated than had been charged and believed.

The President was evidently not prepared to decide what course to take. I submitted Semmes's application for a parole, which was favorably indorsed by Judge-Advocate General Bolles. As the session of the Cabinet was somewhat protracted and Stanton was wishing a special interview, I proposed to the President to call to-morrow, which seemed to relieve and gratify him.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 466-7

The Tragedy—Trial of Sickles, published March 31, 1859

The Washington correspondent of the Philadelphia Bulletin writes concerning the trial of Mr. Sickles, as follows:

“The plan of the prosecution will be for the District Attorney to first prove the killing of Mr. Key, and then rest the case. The defence will then be, most probably, to make the homicide justifiable, and to do this, evidence of character will be admitted, involving the circumstances of the illicit connection which will subject witnesses to a rigid cross-examination. It will them be incumbent on the prosecution to introduce evidence touching the character of the defendant. Should this be carried out there will be some startling details. Mr. Sickles father, quite a fine-looking old gentleman, is present in court every day.

“The grand jury two weeks ago made a presentment against Mr. Sickles for the murder of Mr. Key, and it then became the duty of the District Attorney to prepare an indictment, and place it before them for their final action. This he did on the 24^th instant, which it was returned by them as a true bill. The reason for the delay is understood to be, that they might, meantime, have opportunity to examine additional witnesses, more particularly relative to Butterworth, so that, if they discovered sufficient cause, they could indict him jointly with Mr. Sickles.

“Messrs. Stanton of Pittsburg, Magruder, and Ratcliffe, accompanied by the father of the accused, came into court and asked that Monday last be set for the trial; but after a conference with the Distract Attorney, Monday next was agreed upon for that purpose.”

SOURCE: The National Era, Washington, D. C., Thursday, March 31, 1859, p. 2

The Sickles Trial, published April 14, 1859

We noticed the fact last week, that the trial of Daniel E. Sickles, for the Murder of Philip Barton Key, was commenced in the Criminal Court of this city on the Monday preceding. The first three days were consumed in empanelling a jury. The regular panel, and two special panels of seventy-five men each, were exhausted before the jury was completed. The Judge ruled, at the instance of the district attorney, that none but property holders to the value of eight hundred dollars should sit on the jury. This is the letter of the law; but we understand that the practice has been to waive the question of property qualification. The exception made in this case is regarded as invidious, and has given rise to much comment. The interest felt in this case is intense. The court room is daily crowded to its utmost capacity, and hundreds, unable to get inside, hang about the doors and windows.

We present a list of the principal officers of the court, the counsel, and the jury, as follows.

His Honor Judge Crawford, on the bench; Robert M. Ould, Esq., United states District Attorney, prosecuting, assisted by J. M. Carlisle, Esq.; Messrs. Graham of New York, Brady of new York, Phillips of Alabama, Magruder of Virginia, Stanton of Pennsylvania, Radcliffe and Chilton of Washington city, appear as counsel for the prisoner.

The jury is constituted as follows:

1.      Rezin Arnold, farmer.

2.      James. L. Davis, farmer.

3.      John E. Neale, merchant.

4.      William M. Hopkins, furnishing store.

5.      William Bond, shoe maker.

6.      James Kelley, tinner.

7.      William C. Harper, grocer.

8.      Henry M. Knight, grocer.

9.      Jesse B. Wilson, grocer.

10.  John McDermott, coach-maker.

11.  William M. Moore, occupation unknown.

12.  O. S. Wright, furniture dealer.

Thursday.—Judge Crawford took his seat at ten minutes after ten, the jury having already taken their seats in the box.

At twenty-five minutes past ten, Mr. Sickles was brought in. His appearance was that of a man who had experienced much mental suffering since yesterday.

The indictment, which, in the unusual form, charges Daniel E. Sickles with the murder of Philip Barton Key, being read, the District Attorney rose, and opened the prosecution by stating briefly the facts which the United States expect to establish, and the law under which a verdict of guilty would be demanded.

He then proceeded to examine the witnesses for the United States, whose evidence simply goes to proving the fact and circumstances of the homicide. The testimony in chief of the United States was closed on Friday.

Saturday the defence was opened by Mr. Graham, of New York, who spoke for several hours with marked ability, and gave way at three o’clock, without coming to a close.

Mr. Graham resumed his remarks on Monday, and spoke for three hours with great effect. The counsel for the prisoner then proceeded to offer testimony in justification of the homicide. The fact was proven that Key was on friendly and intimate terms with Sickles, and that the latter had been instrumental in securing the reappointment of Key as District Attorney. Letters from Key to Sickles, showing that the most intimate relations of friendship existed between them, were offered to be read in evidence, but they were ruled out by the court. The court adjourned at the usual hour.

On Tuesday, the examination of witnesses for the prisoner proceeded. No fact was elicited with which the public is not already acquainted. The examination of Gov. Walker produced an overpowering effect upon Mr. Sickles, as the witness described the scene at the house of Mr. S. immediately after the homicide.

The written confession of Mrs. Sickles was offered in evidence, but the District Attorney objecting to its reception, the court took time to consider the point, and had not decided when the hour of adjournment arrived. The deepest sympathy for the prisoner prevails.

SOURCE: The National Era, Washington, D. C., Thursday, April 14, 1859, p. 2

A Distinguished Witness, published April 21, 1859

It is impossible to give a weekly newspaper the whole of the proceedings in the trial of Mr. Sickles, and, indeed, we have no disposition to fill our columns with such matter. But some of the evidence is quite interesting; and our readers will be pleased to read the testimony of so distinguished a witness as Governor R. J. Walker. He was examined on Tuesday of last week.

TESTIMONY OF R. J. WALKER.

Robert J. Walker examined. I have resided in this District many years; I was in the city on Sunday the 27^th of February; I had known Mr. Sickles several years, but had not seen him for six or eight months prior to that date; it was either three or twenty minutes after three  o’clock I saw him in his own house on the afternoon of that day, in the back room of the first story; as he came in, his manner appears excited; there was something strange and unusual about it; his voice was somewhat different from the manner in which I had usually heard him speak; he advanced and took me by the hand; I think he then said a thousand thanks for coming to see me under these circumstances; had had scarcely repeated these words, when I saw a great change in his appearance; he became very much convulsed indeed; he threw himself upon the sofa, and covered his face with his hands; he then broke into an agony of unnatural and unearthly sounds, the must remarkable I ever heard—something like a scream interrupted by violent sobbing. From his convulsed appearance, he was in the act of writhing His condition appeared to me very frightful, appalling me so much that I thought that if it lasted much longer he must become insane. He was indulging in exclamations about dishonor having been brought on his house, his wife, and child. He seemed particularly to dwell on the disgrace brought upon his child. Should think this continued ten minutes; endeavored to pacify him. I turned from him to go for a physician myself, but he seemed to stop a little these violent exclamations, and finally they broke down. The spasms became more violent till they ceased. I think I must have been there something over half an hour. I accompanied him from there to jail. Mayor Berret, Capt. Goddard, and perhaps Mr. Butterworth, were there. I was still alarmed at his condition, not knowing when the convulsions would recur. I believe I drove with him in Dr. Gwin’s carriage, with whom I came to Mr. Sickles’s.

CROSS-EXAMINATION.

At first, I do not think any person was present but Mr. Butterworth; I was very much excited myself, but I will not be certain; I think Mr. Butterworth and Goddard came in; when these terrible convulsions occurred, I think no one was present but Butterworth besides myself.; I remained talking with Butterworth for of five minutes, when Sickles came alone and stayed with us some little time; I was, from a variety of causes, much excited; I never was more so than on that occasion; when the convulsions came on. I thought I would go for a physician.

THE PRISONER’S EMOTION.

A[t] this point, Mr. Stanton, who was near the prisoner, asked that the cross-examination be discontinued for the present, in order that the accused might retire for a few moments. Mr. Sickles, during the statement of this witness, was violently affected, breaking out into sobs and profusely shedding tears. E. B. Hart and Isaac Bell, one on each side, and Mr. Sickles senior, together with others, accompanied him from the court.

The witness particularly, and many of the spectators, were moved to tears. The scene was one of deep interest[.] In some few minutes Mr. Sickles was brought back into court, his countenance still indicating extreme mental suffering, and the desolateness of his whole appearance awakening strong sympathy in the breasts of all who saw him. His father was much affected by his condition.

CROSS EXAMINATION RESUMED.

The cross-examination of Mr. Walker was resumed by the District Attorney. I do not know who sent for Goddard, the Chief of Police; my impression was that it was Sickles, or some of his friends; after a time, Sickles became calmer but did not resume his satural appearance; he quitted sobbing and crying for some time.

To Mr. Carlisle. Could compare Sickles’s condition to nothing but an agony of despair; it was the most terrible thing I ever saw in my life; he was in a state of frenzy at the time, and I feared if it continued he would become permanently insane; his screams were of the most frightful character, there were unearthly and appalling, and were interrupted by something between a sob and a moan; sometimes he would start and scream in a very high key; he appeared in a state of perfect frenzy.

Ques. What do you mean by that? Do you mean a passion of grief?

Ans. It was much stronger than grief; it exhibited more alarming symptoms than any grief I had ever witnessed before; I had seen a man a long time ago, under similar circumstances, in Pittsburg, Pennsylvania, but his grief was not so strong as this. Mr. Sickles’s exclamations of grief were more about his child than anything else. I remained there for a bout half an hour; had moved to the door to go for a physician, but there was some cessation in these paroxysms, and I did not go; he gradually grew calmer. My impression is, that it was Mr. Butterworth who went for the magistrate.

Ques. Do you recollect that Sickles grew calm, and said he was ready to go with the magistrate?

Ans. I do; when I say calm, I mean comparatively calm. I went with him to the jail, because I feared a recurrence of his paroxysms of grief and despair; I remained at the jail from one to two hours; no physicians saw him during that time, to my knowledge; there were few persons at the jail; none but the magistrate, Mr. Goddard, Mr. Butterworth, and one or two others; it could not have been more than four or five minutes between those paroxysms and the coming in of the magistrate; the first part of the scene was witnessed only by Butterworth and myself.

DIRECT TESTIMONY OF WALKER, CONTINUED.

The first part of this scene was witnessed only by Mr. Butterworth and myself. I never was so much excited as I was on that occasion. Should think that about ten minutes transpired, during which Butterworth, Sickles and myself, were in the room together. I first went into the front room, and afterwards into the back room. There were several persons in the front room, but could not name one of them. The rooms communicated by folding doors, and I think they were closed. I went through these doors into the back room. The persons in the front room could not witness this scene, as the doors were closed, at least during part of the time. My impression is, that the next person I saw in the back room was Mr. Berrett, the Mayor.

Ques. Where is Mr. Butterworth now?

Ans. I do not know.

Ques. When did you see him last?

Ans. Some day towards the close of last week.

Ques. In this city?

Ans. Yes.

SOURCE: The National Era, Washington, D. C., Thursday, April 21, 1859, p. 2

The Sickles Trial, published April 21, 1859

We brought our brief synopsis of this important trial down to Wednesday last. On that day the court ruled that the confession of Mrs. Sickles was inadmissible. Miss. O. M. Ridgely, who resides in Washington with her mother, was an intimate friend of Mrs. Sickles, and spent much of her time at the house, before and after the killing of Key. Her testimony, like that of Governor Walker, which we elsewhere publish in full, goes to show the extreme anguish of mind of Mr. Sickles. Bridget Duffy who lived in Mr. Sickles’s house as nurse and lady’s maid, testified, as did Miss Ridgely, that Mr. Sickles spent the Saturday night before the homicide in extreme anguish, weeping and sobbing aloud. The witness also testified that she saw Key twirling his handkerchief in a peculiar manner opposite the house of the day of his death.

William W. Mann of Buffalo, New York, met Key in Lafayette square, near the Jackson statue, the same morning—spoke to him—observed him twirl his handkerchief. A gentleman with him called his attention to it.

George B. Wooldridge was an assistant to the Clerk of the House [of] representatives. Saw Mr. Sickles at the Capitol ion Saturday, in great agony of mind. On Sunday, the day of the homicide, was at Mr. Sickles’s house. The testimony of this witness is interesting:

Ques. Did you see Mr. Key that Sunday.

Ans. I did; twice.

Ques. Where and when?

Ans. First between ten and eleven o’clock, going out of the gate of Lafayette square, on the corner of Seventeenth street and Pennsylvania avenue, near the War Office, on the street Mr. Sickles’s house was in.

Ques. In what direction did he go?

Ans. He crossed the street and went up the avenue, I presume; I did not observe in what direction he turned his glance; the second time I saw him was about a quarter to two o’clock, directly in front of the library window in Mr. Sickles’s house; there was a lady and gentleman with him then; he was on the side toward the curbstone; the lady was next the railing; and the three were in a direct line; Mr. Sickles was upstairs at the time; he had left the library and gone up stairs.

Ques. Did you observe Mr. Key do anything while passing?

Ans. I saw him tike his handkerchief out of his pocket and wave it three times; while doing so, his eyes where toward the upper window of Mr. Sickles house; he kept his eyes from the gentleman, as if he did not which him to see what he was doing; he parted with the lady and gentleman at the corner, entered the park, and proceeded in the direction of Madison Place; some five minutes before that Mr. Sickles had gone up stairs; saw him enter the library door two minutes after; heard some one coming down the stairs very rapidly, and come into the library; he said, “The villain has just passed my house.”

District Attorney. Do not state what he said.

Mr. Brady. What did he do?

Witness. He was very excited; he talked for a moment with Mr. Butterworth, who endeavored to calm him; he appeared to resist these attempts to calm him, and threw Mr. Butterworth off, and turned into the hall; he had not his hat on at the time.

This is the last I saw of him till he came into the house with the officers.

S. S. Parker sworn. I have seen Mr. Key in the vicinity of Mr. Sickles’s house; the last time was on the Sunday he was killed, near half past ten o’clock; He passed me near Fifteenth street and Pennsylvania avenue, above Willards; I slowly passed up Fifteenth street; he walked very rapidly; when near Nairn’s drug store, he was entering the middle gate of Lafayette square; I saw him the Sunday before the shooting; I saw Mrs. Sickles on the platform of her residence, he had over the shoulder of a little girl, apparently trying to keep her from falling from the steps; directly after, I saw Mr. Key at the southwest gate of Lafayette square; when he came out in full view, he took out his handkerchief, with his hat in hand; but his hat on his head, bowing to Mrs. S. and twice waived his handkerchief.

Thomas K. Brown, examined by Mr. Brady. I reside in the city of New York; in pursuance to instructions from you, (Mr. Brady,) I obtained a certain lock.

Mr. Brady hands the witness a sealed package, breaks the seal, opens the package, and produced a common door lock.

Mr. Carlisle did not see the point of examination.

Mr. Brady simply wanted to identify an article which he would offer in evidence hereafter.

The witness identified the lock, and says he procured it from Mr. Wagner, Pennsylvania avenue, opposite the Treasury Department, who took it from the door No. 383 Fifteenth street.

Not cross-examined.

Jacob Wagner, examined by Mr. Brady. I reside in Washington; I am a locksmith; I delivered this lock to Mr. Brown, the last witness; I took it off the house in Fifteenth street, No. 383; John Gray, the colored man’s house; there were three or four gentlemen there when I took it off; Mr. Pendleton was on of them; I saw him in the court yesterday; I believe he was a member of Congress; the colored boy came for me; this was about a week after Mr. Key’s death; have seen some of the gentlemen in court who were present; the colored man paid me for taking it off.

Question. What was said on that occasion?

Objected to.

Mr. Stanton proposed to show that  the lock was taken off for the purpose of destroying evidence.

Mr. Ould. If that was the view, I have not the slightest objection to have the question put.

Mr. Stanton wanted to know whether it was the persons engaged in the prosecution who tried to destroy the evidence. There were two prosecutors here, a public prosecutor and a private prosecutor.

Mr. Carlisle wanted to know whether Mr. Stanton meant to be understood as intimating that he (Mr. Carlisle) had any knowledge of this attempt to destroy evidence.

Mr. Stanton. None in the world. God forbid that I should believe you would do it.

John Cuyler was sworn. Knew the late Mr. Key for three or four years; knew where Mr. Sickles resided; saw Mr. Key in the vicinity of the house a week before his death.

As I entered the corner gate of Lafayette square, I saw Mr. Key enter the corner gate; proceeding to the front of the Jackson statue, he took a seat on an iron bench, rested his head on his left hand, then pulled out his pocket handkerchief and waved it; I went behind the Statue and watched him; he waved his handkerchief this way, [illustrating,] and then looked at the house of Mr. Sickles. [Laughter.] There was no dog about at the time; this was between 12 and 1 o’clock; I left him in the square as I went out of the northeast gate to go home; I left him sitting there; when I returned that way, he was gone; I have often seen him loitering back and forth in the square; for two months, he had been attracting my attention; I never saw him waving his handkerchief but on one occasion.

By Mr. Stanton. Was that the hour when Members of Congress are at the Capitol?

Witness. Yes.

Mr. Carlisle. That is an argumentative question.

Mr. Stanton. That is all.

Cross-examined by Mr. Ould. I saw Mr. Key waving his handkerchief, while I was going home to dinner; I work first one place an then another; I was then working on Seventeenth street, below the War Department; had been working there three or four days; I never took count of how many times I met Mr. Key in the square as I went through it; I have seen him in the square on the avenue, near the Club House; I cannot state the day; it must have been about the middle of the week, about a week before the killing.

To witness. What was said about the lock at this time, and who said it?

Ans. The colored man said it.

Ques. Were the other persons present at the time?

Ans. No, sir.

Ques. What time was it?

Ans. About 11 o’clock.

Ques. While you were taking off the lock?

Ans. Yes.

Mr. Carlisle. Were these other persons present at the time?

Ans. Not that I know of. I think they were upstairs.

Mr. Ould. I Understand that it was proposed to show that certain persons connected with the deceased had given orders that this lock should be secured and kept out of the way. I have no objection that that fact, if true, should be given in evidence; but the evidence must tend to that.

Judge. It must come through a regular channel.

Mr. Stanton to witness. I want to know whether these persons were in the house at the time?

Ans. There were.

Ques. How long were you engaged in taking it off?

Ans. Ten minutes.

Ques. What door was it taken off.

Ans. The front door.

Ques. Was there another lock put on that door?

Ans. There was.

It now being three o’clock, the court adjourned.

FRIDAY, APRIL 15.

Jacob Wagner was recalled. He wished to correct his testimony given yesterday; while taking off the lock, as he testified yesterday, no one spoke to witness that he remembered, but the colored man. Mr. Pendleton’s name was called; saw another man there, who is now in court. [Col. Jones.]

Cross-examined by Mr. Ould. These persons were there when witness went to the house; the front door was locked; entered the house by the back way, which was unlocked; the lock taken off was on the front door of the house; tried to unlock the back door, and found it was already unlocked; the lock was not broken; this was about a week after Key’s death; three other gentlemen were up stairs at the time; did not come down while witness was there; saw them in the yard, and saw them go up stairs; have witness no directions about the matter; witness did not go up stairs at all.

By Mr. Brady. Put a different lock on the door afterwards.

By Mr. Carlisle. The colored boy who came to witness was not the proprietor of the house; knows John Gray; he was there, and asked witness to take off the lock; witness saw Mr. Pendleton and Col. Jones examine the lower part of the house, and afterwards go up stairs.

John Seeley called and examined. Resides in Washington; is a painter; lives in L street, about thirty yards below the corner of Fifteenth street, not far from the house of John Gray, in Fifteenth street; was present when the lock was taken off; thinks it was between the 5^th and the 8^th of March; was there by mere accident, and heard the order given to take off the lock; saw Mr. Charles Jones there, and was informed that the other was Mr. Pendleton; one of these gentleman gave the order for the lock to be taken off; don’t know which one; was present a part of the time when the lock was taken off; Mr. Poole was there also when the locksmith went to work; they went up stairs; heard nothing said about the character of the new lock to be put on.

Cross-examined by Mr. Ould. The time was between the 5^th and 8^th of March; that was the only time witness was there after the death of Key; this might have been Tuesday; am not sure as to the day of the week; the locksmith came through the adjoining lot, occupied by a yellow woman; do not know whether any one else had been to that house previously, since Key’s death; these gentlemen were standing in the yard when the witness reached the spot, and went into the house just before witness reached the spot, and went into the house just before witness; one of them said it would be better to take off that lock and put on a new one; they were in the house some time, in the passage and parlor, perhaps twenty or twenty-five minutes; thinks the lock was not entirely off when they went up stairs; heard no order given as to the disposition to be made of the lock; the remark was, the lock had better be taken off, and replaced with another.

Lewis Poole called. Boards with Mr. Seeley, who has just testified; knows the house No. 383 Fifteenth street, owned by John Gary; have noticed it freque3ntlyu; was there when the lock was taken off; thinks it was on Monday or Tuesday, a week after Key’s death; Mr. Pendleton, Mr. Jones, Seeley and witness, and Gray were present; Mr. Pendleton ordered the lock to be taken off, and another one put on; saw the lock taken off; did not see the other one put on.

Cross-examined by Mr. Ould. We all went into the house together; after giving the order, Mr. Pendletons and Mr. Jones immediately went up stairs to examine the upper portion of the house; thinks it was a command and not a suggestion to the locksmith, for he went to work and did it; can’t give Mr. Pendleton’s exact language; these gentleman staid up stairs teen or fifteen minutes; while the lock was being removed, these gentlemen were up states the whole time; had never been in the house previously, since Key’s death; does not know that anybody else did; I know that Mr. Hey went there. [Laughter.]

Rev. C. H. A. Buckley called. Resides in Westminster, Conn.; have known Sickles since 1838; was associated with him in New York University, and was in one class with him; since then, have had a casual acquaintance with him.

Mr. Brady asked whether witness had an opportunity in former years to know whether Sickles had an excitable temperament.

Witness. Yes, sir.

Mr. Brady proposed to prove that Mr. Sickles once, under the loss of a friend, became positively insane, so as to have to be placed under restraint.

Mr. Ould said, if previous insanity could be proved they would withdraw the objection.

[The witness testified that on the occasion of the death of Professor Da Ponte, in 1840, in New York, who was the patron of Mr. Sickles, immediately after his body was lowered into the ground, Sickles broke out into frantic and passionate grief, shrieking and yelling; it was impossible for his friends to pacify him, and they were obliged to use friendly force to remove him from the spot; witness thinks he did tear his clothes and his hair, but was not sure. This testimony is voluntary on witness’s part, and wholly unsought by the prisoner, or by this counsel. He had offered it, as he thought it might be of service to him.]

Cross-examined by Mr. Ould. Do not know how old Sickles was then, because I do not know his age now; was about the same age as witness, apparently; witness is forty years of age; this manifestation of violent grief lasted ten minutes perhaps, or five minutes at any rate; saw no traces of it on the following day; did not see him every day at that  time; saw him two or three days afterwards, but saw nothing singular in his appearance; he appeared to be rather more light-hearted than could be expected under the circumstances, forming an unnatural contrast to his previous conduct; it was a casual manifestation ; the first demonstration was the most remarkable witness ever saw in his life; do not remember the circumstances in his life; do not remember the circumstances of the second interview, or who was present; it was somewhere about the University; was then a student of the Theological Seminary.

Major Hopkins called. Is a coachman for Col. Freeman; have been such for five or six years; lives on H street, between Fifteenth and Sixteenth; saw Mr. Key. On the Sunday he was shot, about half past one o’clock; he was about the middle of the square, walking up and down; he was doing nothing in particular; saw him either on Monday or Wednesday, the week previous; he went into the square and waved his handkerchief; Mrs. Sickles came out and joined him, and they walked away together; about an hour after, saw them go up Fifteenth street; lost sight of them on the steps of John Gray’s house.

Cross-examined by Mr. Carlisle. Is Major your name or your title? [Laughter.]

Witness. It is my name, Sir.

Mr. Carlisle. Then you don’t belong to either or the regular army or the militia? [Laughter.]

Witness. No, sir.

[This witness was rigidly cross-examined, and seemed to get very much puzzled in giving his answers. When he saw Mrs. Sickles on Fifteenth street, her back was turned towards him, but he judged it was her by her dress, which he had observed when she first joined Mr. Key.]

But one witness was examined on Saturday. His evidence was not important. On Monday, Mrs. Brown, a witness formerly examined, testified that she had seen Key and Mrs. Sickles enter the house several times. John M. Seeley and his wife, who reside in the immediate vicinity of the house on Fifteenth street, also testified to seeing the parties enter the house frequently. Their testimony was minute and clear.

Tuesday, Mr. Thompson sworn. Was formerly Mr. Sickles’s coachman. Mrs. Sickles was in the habit of driving out during the hours when Congress in session, and generally met Key. He usually got into the carriage, by never rode home with her except once, when Mr. Sickles was in New York. During the absence of Sickles, Key was in the habit of visiting Mrs. Sickles nearly every night, and remained late with her alone in the library—one night until one o’clock. They also were in the habit of visiting the cemetery at Georgetown, and, alighting at the gate, walking down the hill out of his sight.

John Cooney, the coachman of Mr. Sickles at the time of Key’s death, gave similar testimony.

Mr. Wooldridge was recalled and cross-examined by the prosecution.

SOURCE: The National Era, Washington, D. C., Thursday, April 21, 1859, p. 2-3