Diary of Gideon Welles: Tuesday, August 22, 1865

Seward presented some matters of interest in relation to the Spanish-American States. Spain is getting in difficulty with Chili and also Peru, and Seward writes to Mr. Perry, Secretary of Legation (J. P. Hale is Minister), suggesting arbitration, etc.

Stanton submitted some reports in regard to the health of Jeff Davis, who has erysipelas and a carbuncle. Attorney-General Speed says he is waiting to hear from associate counsel in the case. These associates, he says, are Evarts of New York and Clifford of Massachusetts, both learned and able counsel before the court, but not as distinguished for success with a jury. The President, I saw by his manner and by an inquiry which he put, had not been consulted or was not aware that these gentlemen had been selected. So with other members of the Cabinet, except Stanton and Seward. These two gentlemen had evidently been advised with by the Attorney-General, no doubt directed him.

I would have suggested that General Butler should be associated in this trial, not that I give him unreserved confidence as a politician or statesman, but he possesses great ability, courage, strength, I may add audacity, as a lawyer, and he belongs to a school which at this time and in such a trial should have a voice. Our friends should not permit personal feelings to control them in so important a matter as selecting counsel to try such a criminal.

The President said he had invited an interview with Chief Justice Chase as a matter of courtesy, not knowing but he might have some suggestion to make as to time, place of trial, etc.; but the learned judge declined to hold conference on the subject, though not to advise on other grave and important questions when there was to be judicial action. I see the President detests the traits of the Judge. Cowardly and aspiring, shirking and presumptuous, forward and evasive; . . . an ambitious politician; possessed of mental resources yet afraid to use them, irresolute as well as ambitious; intriguing, selfish, cold, grasping, and unreliable when he fancies his personal advancement is concerned.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 365-6

Diary of Gideon Welles: Tuesday, August 29, 1865

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

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

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

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

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