Showing posts with label Lincoln Conspirators Trial. Show all posts
Showing posts with label Lincoln Conspirators Trial. Show all posts

Tuesday, April 5, 2022

Diary of Gideon Welles: Tuesday, May 9, 1865

A proclamation of amnesty proposed by Speed was considered and, with some changes, agreed to.

The condition of North Carolina was taken up, and a general plan of organization intended for all the Rebel States was submitted and debated. No great difference of opinion was expressed except on the matter of suffrage. Stanton, Dennison, and Speed were for negro suffrage; McCulloch, Usher, and myself were opposed. It was agreed, on request of Stanton, we would not discuss the question, but each express his opinion without preliminary debate. After our opinions had been given, I stated I was for adhering to the rule prescribed in President Lincoln's proclamation, which had been fully considered and matured, and besides, in all these matters, I am for no further subversion of the laws, institutions, and usages of the States respectively, nor for Federal intermeddling in local matters, than is absolutely necessary, in order to rid them of the radical error which has caused our national trouble. All laws, not inconsistent with those of the conquerors, remain until changed to the conquered, is an old rule.

This question of negro suffrage is beset with difficulties growing out of the conflict through which we have passed and the current of sympathy for the colored race. The demagogues will make use of it, regardless of what is best for the country, and without regard for the organic law, the rights of the State, or the troubles of our government. There is a fanaticism on the subject with some, who persuade themselves that the cause of liberty and the Union is with the negro and not the white man. White men, and especially Southern white men, are tyrants. Senator Sumner is riding this one idea at top speed. There are others, less sincere than Sumner, who are pressing the question for party purposes. On the other hand, there may be unjust prejudices against permitting colored persons to enjoy the elective franchise, under any circumstances; but this is not, and should not be, a Federal question. No one can claim that the blacks, in the Slave States especially, can exercise the elective franchise intelligently. In most of the Free States they are not permitted to vote. Is it politic, and wise, or right even, when trying to restore peace and reconcile differences, to make so radical a change, — provided we have the authority, which I deny, — to elevate the ignorant negro, who has been enslaved mentally as well as physically, to the discharge of the highest duties of citizenship, especially when our Free States will not permit the few free negroes to vote?

The Federal government has no right and has not attempted to dictate on the matter of suffrage to any State, and I apprehend it will not conduce to harmony to arrogate and exercise arbitrary power over the States which have been in rebellion. It was never intended by the founders of the Union that the Federal government should prescribe suffrage to the States. We shall get rid of slavery by constitutional means. But conferring on the black civil rights is another matter. I know not the authority. The President in the exercise of the pardoning power may limit or make conditions, and, while granting life and liberty to traitors, deny them the right of holding office or of voting. While, however, he can exclude traitors, can he legitimately confer on the blacks of North Carolina the right to vote? I do not yet see how this can be done by him or by Congress.

This whole question of suffrage is much abused. The negro can take upon himself the duty about as intelligently and as well for the public interest as a considerable portion of the foreign element which comes amongst us. Each will be the tool of demagogues. If the negro is to vote and exercise the duties of a citizen, let him be educated to it. The measure should not, even if the government were empowered to act, be precipitated when he is stolidly ignorant and wholly unprepared. It is proposed to do it against what have been and still are the constitutions, laws, usages, and practices of the States which we wish to restore to fellowship.

Stanton has changed his position, has been converted, is now for negro suffrage. These were not his views a short time since. But aspiring politicians will, as the current now sets, generally take that road.

The trial of the assassins is not so promptly carried into effect as Stanton declared it should be. He said it was his intention the criminals should be tried and executed before President Lincoln was buried. But the President was buried last Thursday, the 4th, and the trial has not, I believe, commenced.

I regret they are not tried by the civil court, and so expressed myself, as did McCulloch; but Stanton, who says the proof is clear and positive, was emphatic, and Speed advised a military commission, though at first, I thought, otherwise inclined. It is now rumored the trial is to be secret, which is another objectionable feature, and will be likely to meet condemnation after the event and excitement have passed off.

The rash, impulsive, and arbitrary measures of Stanton are exceedingly repugnant to my notions, and I am pained to witness the acquiescence they receive. He carries others with him, sometimes against their convictions as expressed to me.

The President and Cabinet called on Mr. Seward at his house after the close of the council. He came down to meet us in his parlor. I was glad to see him so well and animated, yet a few weeks have done the work of years, apparently, with his system. Perhaps, when his wounds have healed, and the fractured jaw is restored, he may recover in some degree his former looks, but I apprehend not. His head was covered with a close-fitting cap, and the appliances to his jaw entered his mouth and prevented him from articulating clearly. Still he was disposed to talk, and we to listen. Once or twice, allusions to the night of the great calamity affected him more deeply than I have ever seen 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. 301-4

Diary of Gideon Welles: May 11, 1865

The papers, and especially those of New York, are complaining of the court which is to try the assassins, and their assault is the more severe because it is alleged that the session is to be secret. This subject is pretty much given over to the management of the War Department, since Attorney-General Speed and Judge-Advocate-General Holt affirm that to be legal, and a military court the only real method of eliciting the whole truth. It would be impolitic, and, I think, unwise and injudicious, to shut off all spectators and make a “Council of Ten" of this Commission. The press will greatly aggravate the objections, and do already.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 305

Diary of Gideon Welles: Friday, May 12, 1865

The President does not yet sufficiently generalize, but goes too much into unimportant details, and personal appeals. He will, however, correct this with a little experience, I have no doubt.

I inquired of the Secretary of War if there is any foundation for the assertion that the trial of the assassins is to be in secret. He says it will not be secret, although the doors will not be open to the whole public immediately. Full and minute reports of all the testimony and proceedings will be taken and in due time published; and trusty and reliable persons, in limited numbers, will have permission to attend. This will relieve the proceeding of some of its objectionable features.

Stanton has undertaken to get the projected amnesty proclamation (as last altered, amended, corrected, and improved) printed, also the form of government for North Carolina as last shaped, and as far as anything decisive had taken place. Dennison inquired when he might have copies, and he promises to send immediately. The truth is, it is still in the hands of the President, who will shape it right. King has been of service in this matter.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 305