Diary of Gideon Welles: Monday, April 2, 1866

Called with General Bolles on the President in relation to the case of Raphael Semmes. The call was pursuant to appointment. Secretary Harlan was with the President when we called, about 1 P.M. The President inquired as soon as the subject was taken up whether any facts were yet public in relation to the decision of the Supreme Court in the Indiana cases. He said the Court was nearly tied, but that judgment would probably be rendered to-morrow, at all events within a day or two. That decision might have a bearing on Semmes's case. I remarked that it might be well to delay action until we heard from the Court. The President said he thought so and that was why he had made the inquiry, but added we might as well talk over the matter at this time and get the points designated. Bolles said he had, perhaps, no remarks to make in the present position of things, but if Semmes was not to be immediately tried, a parole would be advisable, unless the case was wholly abandoned. I remarked that it appeared to me best that he should be tried or the case abandoned, rather than have a parole. A trial would best satisfy the public and serve the ends of justice. It would place the Government in the best attitude. If tried at all it should be for violating the laws of war, — a case which the established legal tribunals could not reach. His conduct as a buccaneer or rebel in capturing and destroying the ships of peaceful merchants was not the question, but, escaping after striking his colors and sending his boat to the Kearsarge announcing his surrender, and without an exchange, he had subsequently entered first the Rebel naval service and then the military, and made war upon those who claimed him as their lawful prisoner. If in this he had not acted in bad faith and violated the usages of civilized warfare, we had no case against him. But if he had done these things, it was proper he should be tried, and it must be by a military commission, for it did not belong to the courts. It was in that view I favored a trial. The courts were proceeding against no parties for treason; partisans were blaming the President because there were no trials and convictions when it was not within his province to prosecute or try. But here was a case which belonged to him specially and no one else. Hence if he ordered Semmes to trial the country would be satisfied that he was sincere and discharging his duty towards the worst Rebels, and they would understand that the courts were not as prompt as the Executive. He would, however, await the decision of the Court.

When alone I brought up the subject of placing his son on a naval vessel. Told him of the Monocacy, Commander Carter, late brigadier-general in Tennessee. The President said at once he did not wish connection with Carter in this matter. I then mentioned the Chattanooga, Captain McKinstry. This vessel would have an interesting voyage. Stated to him the purpose of the Department in regard to her. He approved it. Said, however, it was desirble Robert should have something to do. We spoke of positions, and, perhaps the Secretary of State would find him some civil employment. This met his views. I inquired if he or I should see Seward. He desired me to do so, and, feeling that he should be relieved of the care and anxiety of a parent in this crisis, I took upon myself that object. I called immediately at the State Department. Seward, appreciating the whole case, at once entered into the subject and said he would employ Robert, whom he knew to be capable, to look into the slave-trade at Cape of Good Hope and on the African coast.

I stated to Seward that he had named too high a price for the Danish islands; that five millions was, I apprehended, more than our people would feel like giving; that I would not offer more than three. He thanked me; said he would inquire their lowest terms, that Raasloff was anxious to sell, etc., etc., but thought not less than five millions would be required.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 471-3

Diary of Gideon Welles: Wednesday, April 4, 1866

Consulted again with the President in regard to the case of Semmes. Peace having been declared in all the States and the decision of the Supreme Court in the Indiana cases—Milligan and others—being adverse to military commissions, I thought there should be prompt decision. The President inquired if it would not be best to parole him and require him to be in readiness when called. I replied it was for him to decide, but that it seemed to me best to dispose of Semmes, and if it was determined not to proceed to try him after this decision of the Court, I would advise his unconditional release rather than a parole. The President said he had some doubts, but wished to get rid of the subject, for Semmes's wife was annoying him, crying and taking on for her husband. The President has a gentle and kind heart, melted by woman's tears. I said I should be satisfied with whatever conclusion he came to; that it might go over to the next meeting of the Cabinet, or he could decide when it pleased him and send me word.

Commodore Stockton came to see me. Says things are in a satisfactory condition in the New Jersey Legislature. Is confident that his son John will be returned to the Senate with a good Johnson Republican. Is confident Scovel will hold out, and have, if necessary, others to help him; and assures me that enough Republicans will unite with the Democrats to return two such men. Wright, the present Senator, is ready for the arrangement. This may all be so, but I have grave doubts of its success. It is undoubtedly Stockton's arrangement, and he and his associates have heretofore been omnipotent in New Jersey, which is a strange State in some respects. Possibly he may succeed there. He could not in any other State. But the return of John Stockton, after what has taken place, would be honorable to New Jersey and one of the greatest triumphs that was ever achieved.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 474-5

Diary of Gideon Welles: Friday, April 6, 1866

The decision of the Supreme Court in the Indiana cases Milligan, Bolles, and others was discussed. Attorney-General Speed could not state exactly the points. The judges do not give their opinions until next winter. They seem to have decided against the legality of military commissions.

I inquired what should be done in Semmes's case, which had been long pending. Little was said, and the President remarked he would see me after the session, and I therefore remained. He remarked that there was a somewhat strange state of things. Grant thought the paroles he had given covered almost everything. The courts were taking up some of the cases for treason and were showing themselves against military commissions. He therefore thought it would be as well to release Semmes on his parole.

I suggested, in view of the present condition of affairs, and this late decision of the Court, that if Semmes could not have a prompt trial, it would be better to release him from his present arrest unconditionally. We already have two paroles from him, one on the surrender of the Alabama, and another at the time of Johnston's surrender. I would not take another. Nor would it be right, after holding him over three months in custody, to prolong his imprisonment.

The President assented to my suggestion and wished me to present it in some form for his action. My first thought was to place the grounds of his release, first on the proclamation, and second on the recent decision of the Supreme Court, making no allusion to Semmes's long imprisonment; but on second thought I omitted the President's own act, the proclamation, for it would be used against him by the captives.

The Senate by a vote of 33 to 15 this evening overrode the veto on the Civil Rights Bill. Wright of New Jersey was in his seat, but Dixon was not. Morgan, unexpectedly to me, and, I think, to most persons, voted with the majority. The vote of M. was one of calculation, not of conviction. I shall be disappointed if he does not lose rather than gain by the step he has taken. Such is usually the righteous termination of calculations made by scheming and ambitious men who consent to do wrong. In this instance M. may have had honest reasons. It is true he voted for the passage of the bill, but that was, as he has said to me, without much consideration given to the law, and, in repeated interviews and conversations since, he had left the impression on my mind that he should sustain the veto.

General and Mrs. Grant gave their last reception for the season this evening. Being somewhat indisposed, I did not propose to attend, but Edgar had not returned and there was no one to accompany Mrs. Welles and her friend, and I was, consequently, under the necessity of going, though afflicted with a severe headache. The party was in some respects unlike any of the season, and there was present not only a numerous but a miscellaneous company of contradictions. There had been some pre-understanding on the part of the Radicals, or a portion of them, to attend and to appropriate General Grant, or at least his name and influence, to themselves. But, most unexpectedly to them, as I confess it was to me, the President and his two daughters appeared early, and Montgomery Blair and some of his ladies were also on hand. There came also Alexander H. Stephens, Vice-President of the late Confederacy, so called. When, therefore, Thad Stevens, Trumbull, and others, not exactly homogeneous though now acting together, came in, they were evidently astonished and amazed.

Stevens, though a brave old stager, was taken aback and showed himself discomfited. Trumbull betrayed surprise. I was not in a condition to circulate much in the crowd, but heard repeatedly, amid the exultation over the vote of the Senate, expressions of vexation that there was such a strange attendance here. Theodore Tilton, as full of fanatical, fantastical, and boyish enthusiasm as of genius and talent, but with no sensible ideas of the principles on which our government is founded or accurate knowledge of our republican federal system, or of the merits involved in pending questions, was boisterous over the result in the Senate. It was sufficient for him that a victory had been achieved for an ideal and fanciful theory, regardless of consequences, and indifferent whether we had a union or an empire, so that he could do a little more for the black man than for the white man. When a little older, if his erratic genius does not spoil him, he will be a little wiser. For a time he fastened himself on me, but I was too indisposed to do more than listen. He gloated over Morgan's vote; said he could have thrown his hat to the ceiling when he heard it, not that he cared for Morgan.

General and naval officers, as well as politicians, were present, with most of the foreign ministers. Of the Cabinet I saw none but Harlan.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 476-8

Diary of Gideon Welles: Tuesday, March 20, 1866

Little of interest at the Cabinet meeting. After the others had left had a free talk with the President. He thinks, in view of the feeling manifested by Congress and the favorable reception of Stewart's resolutions for general amnesty, it will be well to delay the case of Semmes.

I read to him a letter received from General Hawley in regard to the election in Connecticut, and a letter from myself to Crofut, stating my views on present questions, and, believing General H. concurred in them, I wished him success, but not if he was opposed to them and the Administration.

The President approved my letter. Said Mr. English appeared to be a gentleman of character and friendly. Asked what had been his previous party course and whether I had seen a series of questions which were put to Hawley and Hawley's answer. I informed him that English had always been a Democrat, but patriotic, gentlemanly, and not extreme or ultra. Had given support to some important questions of ours during the War. The questions and answers I had seen, but knew not how correct.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 457

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

Diary of Gideon Welles: Saturday, March 31, 1866

I had an interview with the President concerning Semmes, as understood yesterday. Showed him the papers, and, after some conversation, he proposed to see Judge-Advocate-General Bolles, Solicitor of the Navy Department; said he would on the whole prefer him to the Attorney-General in this matter, and named Monday next.

By the President's request I went into the library and was introduced to Doctor Norris, with whom the President desired me to have some conversation. Doctor N. said he believed that the President and I had had some consultation in relation to a sea voyage for Robert, the President's son. He supposed I knew the circumstances. I told him I was aware of the young man's infirmity, that he had once spoken to me himself on the subject in a manner to touch my sympathy in his behalf. That I had also conversed with his father, as he seemed to be aware, and as he (the father) had doubtless advised him. He said that was so, and proceeded to tell me that R. had been beguiled into intemperance after he became of age, through his generous qualities, goodness of heart, and friendly disposition. He, therefore, thought it possible to reclaim him.

I had very little expectation of such a result, but it is important, for his father's sake and for the country's, that the President should in these days be relieved of the care and anxiety which his excesses and passions involve. To send him abroad in a public ship is the best disposition that can be made of him, and a voyage to the East Indies would be better than any other, and such a voyage was now in preparation. Doctor Norris thought this desirable.

I subsequently saw the President and told him what had taken place and that I could make the arrangement with little trouble to him. It seemed to give him consolation.

Letters from Connecticut do not speak with confidence of the result of the election next Monday. But my impressions are that the Union Party with Hawley will be successful. The battle will not be on the strict political issues before the country. On these issues, if well defined and the candidates were squarely presented, I have no doubt that the Administration would be triumphantly sustained. It would be union against disunion, the President versus Congress under the lead of Stevens. But politics and parties have become strangely mixed. Hawley, I am apprehensive, leans to the Congressional policy at present, but I trust observation and reflection will bring him right.

The true Union men who sustain the President feel that the defeat of Hawley would be a triumph to Toucey, Seymour, Eaton, and others who opposed the Government in war and whom they, for that reason, detest, and they will band together to support Hawley from matters of the past rather than issues of the present. Moreover Hawley has popular qualities. For ten years he has fought the Union battles in our political contests and in the field, and though he may be touched with Radicalism, he has good reasoning faculties and a sense of right within him on which I rely. The people have correct instincts in these matters, and I therefore feel pretty sure he will succeed. The worst is, should that be the case, the curse of party will claim that it is a triumph over the Administration. No harm will come of it, perhaps, but it is annoying and vexatious to have results to which men have contributed turned against themselves. But it cannot be helped. The distinction cannot now be drawn. Parties are in a transition state.

Sumner tells me this P.M. that his committee will go against the use of naval vessels for the French Exhibition. This will be counter to Banks, who laid himself out largely in this matter, and Sumner will not be grieved to have Banks disappointed. There is obviously no special love between these two gentlemen. They are opposites in many respects. Banks has thought to gain popularity in this move, which was concocted by himself and Seward, to use naval vessels and naval appropriations for a purpose not naval. To make their scheme appear less expensive, I am told that General Butler has succeeded in inducing the Secretary of the Treasury to interfere in the matter of the Grey Jacket, condemned as prize. If so, I regret it. McCulloch has been imposed upon. Butler is reckless, avaricious, unscrupulous. He knows there is neither law nor justice in his course on this question, but he has the promise of large fees. For three months he has been annoying me on this subject. He then went to the Attorney General and for a time made some headway. Failing there, he has now imposed upon McCulloch, who has been deceived by Butler's cunning and browbeaten by his audacity.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 467-70 

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

Diary of Gideon Welles: Tuesday, February 13, 1866

McCulloch asked me yesterday, in the President's room in the Capitol, if I had examined the Freedmen's Bureau Bill, and when I told him I had not, that I had never been partial to the measure, had doubted its expediency, even during the War, but as Congress, the Administration, and the country had adopted it, and as I had no connection with it, I had little inclination to interest myself in the matter, he said he wished I would examine the bill, and I told him I would, though opposed to that system of legislation, and to Government's taking upon itself the care and support of communities. To-day the President inquired of me my opinions, or rather said he thought there were some extraordinary features in the bill, and asked what I thought of them, or of the bill. My reply was similar to that I gave McCulloch yesterday. He expressed a wish that I would give the bill consideration, for he apprehended he should experience difficulty in signing it. The bill has not yet reached him.

Showed the President the finding of the court in the case of Meade, who had obtained a new trial and had a little severer punishment than in the former case. The President thought it would be well not to hurry Semmes's case. Told him there were reasons why delay would be acceptable and I should prefer it, only I wished it off my hands. But as he desired delay we would not hurry the matter. He alluded with some feeling to the extraordinary intrigue which he understood was going on in Congress, having nothing short of a subversion or change in the structure of the government in view. The unmistakable design of Thad Stevens and his associates was to take the government into their own hands, the President said, and to get rid of him by declaring Tennessee out of the Union. A sort of French Directory was to be established by these spirits in Congress, the Constitution was to be remodeled by them, etc.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 431-2

Diary of Gideon Welles: Wednesday, February 21, 1866

Took the President the executive order for the trial of Semmes. Found that he hesitated. Told him I had no feeling whatever in regard to it. That I was not willing nor did I believe we could legally try him for treason or piracy by a military commission, for those crimes were cognizable by the civil courts, but a violation of the laws of war required, perhaps, a commission and could be reached in no other way. He assented to these views, but thought it would be better to get an opinion from the Attorney-General. Moreover, he thought delay rather advisable at this time. I told him I thought it a good opportunity to show that he was ready to bring criminals to trial when the duty devolved on him.

Senators Doolittle and Cowan were with the President when I called on him this morning. Doolittle had the rough plan of a bill to modify and terminate the Freedmen's Bureau Bill. I prefer non-action. So does Cowan, and I think the President also. Doolittle thinks something will be advisable to satisfy the public, whose sympathies have been excited by cunning appeals. This is Seward.

Whiting, Solicitor, or late Solicitor, of the War Department, came to see me. It was amusing to see how self-satisfied he was in weaving a pleasant web on the subject of negro suffrage and the questions at issue. He is writing and publishing a series of numbers in the Republican, which, he says, were penned at my suggestion some months since, doubtless in part at least for my benefit. In the midst of our talk Montgomery Blair came in, and Whiting left with great speed. Blair is gratified with the stirring-up of the waters of controversy, and anticipates, I doubt not, that Stanton, who still occupies an ambiguous attitude, may be brought to a plain development of his true position. He insists that Stanton is playing false to the President. No doubt of it in my mind, yet he and Seward are in accord, but Seward is not treacherous.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 436-7

Diary of Gideon Welles: January 30, 1866

I had another long talk with Senator Sumner, who called on me on Saturday. It was of much the same purport as heretofore. He is pleased with a speech of Secretary Harlan, made the preceding evening, which I had not then read, and said it came up to the full measure of his requirements. "Then," said I, "he probably is that member of the Cabinet who has been urging you to bring in a bill to counteract the President's policy." "No," said Sumner, "it was not Harlan but another member. There are," continued he, "four members of the Cabinet who are with us and against the President." "Then," replied I, "you must include Seward." This he promptly disclaimed. I told him he must not count Dennison. He was taken aback. "If you know from D.'s own mouth,—have it from himself, I will not dispute the point," said Sumner. I told him I knew D.'s views, that last spring he had, at the first suggestion, expressed himself for negro suffrage, but that he had on reflection and examination come fully into the President's views. He replied that he had known

D.'s original position and had supposed it remained unchanged. Sumner told me he should make a very thorough speech this week on the great question—the treatment of the States and people of the South—but should avoid any attack on the President; would not be personal. Tells me that Governor Hamilton of Texas has written him imploring him to persevere.

I am afraid the President has not always been fortunate in his selection of men. Either Hamilton is a hypocrite or there is a bad condition of things in Texas. The entire South seem to be stupid and vindictive, know not their friends, and are pursuing just the course which their opponents, the Radicals, desire. I fear a terrible ordeal awaits them in the future. Misfortune and adversity have not impressed them.

Have had much canvassing and discussion of Semmes's case with Solicitor Bolles, Mr. Eames, Fox, and others, and to-day took the papers to the Cabinet. When I mentioned the purport of the documents, which were somewhat voluminous, the President proposed that he and I should examine them together before submitting them to the Cabinet and thus save time. After going over the papers with him, he expressed a desire to leave the whole subject in my hands to dispose of as I saw proper. I remarked that the questions involved were so important that I preferred the course taken should be strictly administrative, and I wished to have the best authority, and careful and deliberate consideration and conclusion. The offenses charged being violation of the laws of war, I thought our action should be intelligent and certain. The President said he had confidence in my judgment and discretion, inquired why a purely naval court martial could not dispose of the subject. He exhibited a strong disinclination to commit the case to the military, and was more pointed and direct on that subject than I have before witnessed. He requested me to take the papers and consult such persons as I pleased and report in due time.

We had some general conversation on the tone and temper of Congress and the country. The President is satisfied that his policy is correct, and is, I think, very firm in his convictions and intentions to maintain it. The Radicals who are active and violent are just as determined to resent it.

I took occasion to repeat what I have several times urged, the public enunciation of his purpose, and at the proper time, and as early as convenient or as there was an opportunity, to show by some distinct and emphatic act his intention to maintain and carry into effect his administrative policy. That while a conflict or division was not sought but avoided, there should be no uncertainty, yet a demonstration which should leave no doubt as to his determination. On this we concurred.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 419-21

Diary of Gideon Welles: Wednesday, January 3, 1866

General James Watson Webb called on me. He has been laid up by the gout at his son-in-law's, Major Benton's, house. He came home from Brazil via Paris, saw Louis Napoleon, dined with him, gave him good advice, wants to get out of Mexico, etc., etc. Has communicated to the President the Emperor's feelings and wishes. No doubt he saw Louis Napoleon, with whom he had a close acquaintance when that dignitary wanted friends and perhaps a dinner. It is creditable to him that he is not ungrateful to Webb.

Colonel Bolles, Solicitor and Judge Advocate, desires to prefer a number of charges against Semmes, and has, I fear, more thought of making a figure than of the point I wish presented; that is, a breach of parole, bad faith, violation of the usages of war in the surrender and escape from the Alabama. That he and a million of others have been guilty of treason there is no doubt; that he ran the blockade, burnt ships after a semi-piratical fashion there is no doubt; so have others been guilty of these things, and I do not care to select and try Semmes on these points, though perhaps the most guilty.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 410

Diary of Gideon Welles: Saturday, January 13, 1866

I had this P.M. quite an animated talk with Senator Sumner. He called on me in relation to Semmes. Wished him to be tried on various important points which would bring out the legal status, not only of the Rebels, but their cause. He thinks that many of the important points which we have from time to time discussed, and on which we have generally agreed, might be passed upon by a commission. I am not, however, inclined to make the trial so broad.

Passing from this, we got on to the question of Reconstruction. I was anxious to get an inside view of the movements and purposes of the Radicals, and in order to do this, it would not do to put questions direct to Sumner, for then he would put himself on his guard, and be close-mouthed. I therefore entered into a discussion, and soon got him much interested, not to call it excited. We went over the ground of the status of the States, — their political condition. He, condemning unqualifiedly the policy of the President, said, while he would not denounce it as the greatest crime ever committed by a responsible ruler, he did proclaim and declare it the greatest mistake which history has ever recorded. The President, he said, was the greatest enemy of the South that she had ever had, worse than Jeff Davis; and the evil which he had inflicted upon the country was incalculable. All was to be done over again, and done right. Congress, he says, is becoming more firm and united every day. Only three of the Republican Senators —Doolittle, Dixon, and Cowan — had given way, and he understood about a like proportion in the House. Asked if I had read Howe's¹ speech, which Foot and Fessenden indorsed. Understood Fessenden was as decided as Foot, but, not being on speaking terms, had not himself heard Fessenden. All Congress was becoming of one mind, and while they would commence no war upon the President, he must change his course, abandon his policy. The President had violated the Constitution in appointing provisional governors, in putting Rebels in office who could not take the test oath, in reëstablishing rebellion, odious, flagrant rebellion. Said he had three pages from one general in Arkansas, thanking him for his speech, denouncing the President's "whitewashing" message.

I told him the Executive had rights and duties as well as Congress, and that they must not be overlooked or omitted. That the Rebel States had an existence and would be recognized and sustained although their functions were for a time suspended by violence. That under military necessity, martial law existing and the President being commander-in-chief, provisional governors had been temporarily appointed, but the necessity which impelled their appointment was passing away, the States were resuming their position in the Union, and I did not see how, without abandoning our system of constitutional government, they were to be disorganized, or unorganized, and deprived of their local civil government and the voice of the people suppressed. That he spoke of them as a "conquered people," subject to terms which it was our duty to impose. Were his assumption true, and they a foreign conquered people, instead of our own countrymen, still they had their rights, were amenable to our laws and entitled to their protection; modern civilization would not permit of their enslavement. That were we to conquer Canada and bring it within our jurisdiction, the people would retain their laws and usages when they were not inconsistent with our own, until at least we should make a change. That I thought our countrymen were entitled to as much consideration as the laws of nations and the practice of our own government had and did recognize as belonging to a conquered people who were aliens. That this was the policy of the President. He had enjoined upon them, it was true, the necessity of making their constitutions and laws conform to the existing condition of affairs and the changes which war had brought about. They had done so, and were each exercising all the functions of a State. Had their governors, legislatures, judges, local municipal authorities, etc. We were collecting taxes of them, appointing collectors, assessors, marshals, postmasters, etc.

I saw I had touched on some views that impressed him, and our interview and discussion became exceedingly animated.

"The President, in his atrocious wrong," said Sumner, "is sustained by three of his Cabinet. Seward is as thick-and-thin a supporter of the whole monstrous error as you or McCulloch."

I asked him if he supposed the Cabinet was not a unit on the President's policy. He said he knew it was not. Three of the members concurred with him (Sumner) fully, entirely.

I expressed doubts. "Why," said he, "one of them has advised and urged me to prepare and bring in a bill which should control the action of the President and wipe out his policy. It has got to be done. Half of the Cabinet, as well as an overwhelming majority of the two houses of Congress, are for it, and the President must change his whole course." If he did not do it, Congress would.

_______________

¹ Timothy Otis Howe, Senator from Wisconsin.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 414-7

Diary of Gideon Welles: Wednesday, December 27, 1865

Have ordered Raphael Semmes to be arrested. He was, I see by the papers, taken in Mobile, and will soon be here. There are some nice points to be decided in his case, and I should have been glad had he absented himself from the country, though his case is one of the most aggravated and least excusable of the whole Rebel host. He did not belong in the Rebel region and has not therefore the poor apology of those who shelter themselves under the action of their States; he was educated and supported by that government which he deserted in disregard of his obligations and his oath; he made it his business to rob and destroy the ships and property of his unarmed countrymen engaged in peaceful commerce; when he finally fought and was conquered he practiced a fraud, and in violation of his surrender broke faith, and without ever being exchanged fought against the Union at Richmond; escaping from that city, he claims to have been included in Johnston's surrender, and therefore not amenable for previous offenses. Before taking this step, I twice brought the subject before the President and Cabinet, each and all of whom advised, or concurred in the propriety of, the arrest and trial of Semmes. It is a duty which I could not be justified in evading, yet I shall acquire no laurels in the movement. But when the actors of to-day have passed from the stage, and I with them, the proceedings against this man will be approved.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 404-5

Diary of Gideon Welles: Friday, December 29, 1865

Dennison and Speed were not at the Cabinet council to-day. Not much was done. Stanton has got back, and in some allusions to Sumner appeared to think him as absurd and heretical as any of us. Of course, some one is cheated. Seward is preparing to take a cruise, and will leave to-morrow for the West Indies in the steamer De Soto. There has been much mystery in this premeditated excursion. I am amused and yet half-disgusted with Seward's nonsense. He applied to me some weeks since for a public naval vessel to proceed to Havana, and perhaps beyond. Without inquiries, I take it for granted he goes on public business, or he would not ask for a public vessel, for I told him that we had not one ready, but would have one if necessary. When it was settled he should have a vessel, he talked of a family excursion. Wanted relaxation, wanted Fred should go, said he wanted to get away from the receptions, etc., of the New Year. There is not a man in Washington who is more fond of these parades. Another time he whispers to me that Congress will try to raise the devil, and their fiercest guns will be directed to us. He prefers to be out of the way and let them spend their wrath. Once or twice he has said to me that his intention is to visit Mexico. To-day he took me aside and made some inquiries about St. Thomas, which during the war I had said might be a desirable acquisition as a coaling station and central point in the West Indies. His action and talk indicate anticipated trouble and perhaps complications, the development or dénouement of which he cares not to be here to witness. From his conversation to-day, it would seem he expects no embarrassment from France. Without any distinct and explicit committal on the "Reconstruction" question, he means, in Cabinet, to be understood as with the President, and Sumner so understands. His man Raymond went off at first with Stevens and the Radicals, but after having been harnessed in that team, he has jumped out of the traces. Interest, patronage, Seward's influence have caused this facing about and may compel him to act with the Administration; but he is unreliable. I have so told the President, yet I am glad to have him move in the right direction.

I submitted Semmes's case again in Cabinet. Told the President he was here, and had some conversation, general in its character, as to what should be done with him, without any other indication than approval, but no suggestion.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 405-7

Diary of Gideon Welles: Saturday, December 30, 1865

The closing-up of the year, an eventful one. A review of it from my standpoint would be interesting in many respects, and, should God grant me length of days and mental and physical strength, I shall be glad to present my views when my official days have terminated. Senator Dixon called this morning, and we had a long and frank talk. I approved of his course in the Senate, and his reply to Sumner. He is evidently prepared for a breach in the party, and I think desires it. While I do not desire it, I do not deprecate it if the counsels of Sumner, Stevens, and the extreme Radicals are insisted upon and the only alternative. His principal inquiry was as to the course our friends in Connecticut would pursue in case of a breach of the party. I told him I thought they would be disposed to stand by the Administration, yet at the first go-off the Radical element might have the ascendancy in the State convention, which would assemble in about a month. But before that time the lines would probably be drawn. The organization or party machinery will control most of the party, irrespective of the merits of the questions in issue.

I gave Colston, Semmes's son-in-law, a pass to visit him to-day, and take the papers and the report of Winslow to him. Had a conversation with Dr. Lieber, who was at my house yesterday, respecting Semmes's offenses. The Doctor has no question on that point, and thinks Lee and the whole of his army liable for treason, notwithstanding Grant's terms. Advised Solicitor Bolles to call on Dr. L. Bolles thinks the trial of Semmes should be by a military or naval commission instead of by court martial.

The President sends a singular paper for a new trial of Captain Meade, who has already been tried and is under sentence of court martial. I know not how he can be again tried for the same offense, unless he himself petitions for it.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 407

Diary of John Beauchamp Jones: July 9, 1864

Dry and pleasant.

We have a rumor to-day of the success of a desperate expedition from Wilmington, N. C., to Point Lookout, Md., to liberate the prisoners of war (20,000) confined there and to arm them. If this be confirmed, the prisoners will probably march upon Washington City, and co-operate with Gen. Early, who has taken Martinsburg (with a large supply of stores), and at last accounts had driven Sigel back to Washington, and on the 6th inst. was (by Northern accounts) at Hagerstown, Md. Much excitement prevails there. Lincoln has called for the militia of the surrounding States, etc.

We have British accounts of the sinking of the ALABAMA, near Cherbourg, by the United States steamer Kearsarge, but Semmes was not taken, and his treasure, etc. had been deposited in France.

 SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 246

Diary of Gideon Welles: Tuesday, September 6, 1864

A disagreeable, rainy day. Only a light Cabinet-meeting. As usual the dignitaries were absent, but Seward is not in Washington. Fessenden and Stanton were not with us, and Usher has gone to Indiana. Mr. F. W. Seward is always punctually present when his father is away, and remained to the last. Governor Koerner sent his name in before we left and was introduced. He is recently from Spain. Says Semmes was taunted into fighting the Kearsarge by French and other European officers.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 138

Diary of Gideon Welles: Wednesday, July 6, 1864

Admiral Porter called on me to-day direct from his command. Had a long interview on his affairs.

Received dispatches to-day from Captain Winslow of the Kearsarge relative to sinking the Alabama. Wrote congratulatory letter. There is great rejoicing throughout the country over this success, which is universally and justly conceded a triumph over England as well as over the Rebels. In my first draft, I made a point or two, rather too strong perhaps, against England and the mercenary, piratical spirit of Semmes, who had accumulated chronometers.

While our people generally award me more credit than I deserve in this matter, a malevolent partisan spirit exhibits itself in some, which would find fault with me because this battle did not sooner take place. These assaults disturb me less, perhaps, than they ought; they give me very little uneasiness because I know them to be groundless. Violent attacks have been made upon the Department and myself for the reason that our naval vessels were not efficient, had no speed; but in the account of the battle, the Kearsarge is said, by way of lessening the calamity, to have had greater steaming power than the Alabama, and to have controlled the movement. Our large smooth-bore guns, the Dahlgrens, have been ridiculed and denounced by the enemies of the Navy Department, but the swift destruction of the Alabama is now imputed to the great guns which tore her in pieces.

A summer raid down the valley of the Shenandoah by the Rebels and the capture of Harper’s Ferry are exciting matters, and yet the War Department is disinclined to communicate the facts. Of course, I will not ask. A few words from Stanton about “cursed mistakes of our generals," loss of stores that had been sent forward, bode disaster. General Sigel is beaten and not the man for the command given him, I apprehend. He is always overwhelmed and put on the run. It is represented that the Rebel army is in large force, 30,000 strong, under Ewell. We always have big scares from that quarter and sometimes pretty serious realities. I can hardly suppose Ewell there with such a command without the knowledge of Grant, and I should suppose we would hear of the movement of such a body from other sources. But the military authorities seem not to know of them.

I have sometimes thought that Lee might make a sudden dash in the direction of Washington or above, and inflict great injury before our troops could interfere, or Grant move a column to protect the city. But likely Grant has thought and is prepared for this; yet he displays little strategy or invention.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 67-8

Diary of John Beauchamp Jones: January 3, 1863

To-day we have a dispatch from Vicksburg stating that the enemy had re-embarked, leaving their intrenching instruments, etc., apparently abandoning the purpose of assaulting the city. This is certainly good news.

Gen. Stuart did not cross the Potomac, as reported in the Northern press, but, doubtless, the report produced a prodigious panic among the Yankees. But when Stuart was within eight miles of Alexandria, he telegraphed the government at Washington that if they did not send forward larger supplies of stores to Burnside's army, he (Stuart) would not find it worth while to intercept them.

Capt. Semmes, of the Alabama, has taken another prize — the steamer Ariel — but no gold being on board, and having 800 passengers, he released it, under bonds to pay us a quarter million dollars at the end of the war.

A large meeting has been held in New York, passing resolutions in favor of peace. They propose that New Jersey send a delegation hither to induce us to meet the United States in convention at Louisville, to adopt definitive terms of peace, on the basis of the old Union, or, that being impracticable, separation. Too late!

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 230

Diary of John Beauchamp Jones: November 7, 1862

Yesterday I received from the agent of the City Councils fourteen pounds of salt, having seven persons in my family, including the servant. One pound to each member, per month, is allowed at 5 cts. per pound. The extortionists sell it at 70 cts. per pound. One of them was drawing for his family. He confessed it; but said he paid 50 cts. for the salt he sold at 70 cts. Profit $10 per bushel! I sent an article to-day to the Enquirer, suggesting that fuel, bread, meat, etc. be furnished in the same manner. We shall soon be in a state of siege.

Last night there was a heavy fall of snow.

The authorities of Charleston, with the concurrence of Beauregard, advise all the non-combating population to leave the city, and remove their personal property. The city will be defended to the last extremity.

What a change in the Executive Department! Before the election, the President was accessible to all; and even a member of Congress had no preference over the common citizen. But now there are six aids, cavalry colonels in rank and pay, and one of them an Englishman, who see the people, and permit only certain ones to have access to the President. This looks like the beginning of an imperial court. But what may not its ending be?

I see that Mr. Harlbut, incarcerated once as a spy, or as a writer for an Abolition paper in New York, and a Northern man himself, after being protected by Mr. Browne (the English A.D.C. of the President) and released by Mr. Benjamin from prison, has escaped to the North, and is out in a long article in the Times! He says he got a passport from Gen. Winder's Provost Marshal. Mr. James Lyons thought he had made H. a Southern man; what does he think now?

The “290” or Alabama, the ship bought in Europe, and commanded by Capt. Semmes, C. S. N., is playing havoc with the commerce of the United States. If we had a dozen of them, our foes would suffer incalculably, for they have an immense amount of shipping. I see Semmes had captured the Tonawanda, that used to lie at the foot of Walnut Street, Philadelphia; but he released her, first putting the master under bond to pay President Davis $80,000 after the war. I hope he will pay it, for I think the President will want the money.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 183-4