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
