June 24, Friday. Telegraphed to Wilson directly on reaching Department (and finding no letter from Wilson), directing him to bail the Smiths in sums of $20,000 each.
Have given some examination of the Scofield trial, which is very voluminous, and had Watkins investigate, review, and report. I conclude to approve the finding, though there may be some irregularities and mistakes adverse to the Government. Mr. Bliss, counsel for S., filed a document, excepting to some legal points, yesterday. To-day, after learning my conclusion and looking at the finding, he takes stronger exceptions and declares the finding not conformable to facts and evidence. He wishes me to submit the legal questions to the Attorney-General or some one else. Alluded to Mr. Eames. Wishes Mr. Watkins to examine the evidence. To Eames he says that it is the intention of Scofield and his counsel to prosecute the members of the court individually for false imprisonment. To Watkins, he further says that it is their intention to hold me accountable, and to have me arrested when I am in New York. All this does not induce me to change my conclusion of approving the verdict of the court martial, but I think it may be proper to advise the court that it is in error on the subject of jurisdiction, – that they can take cognizance of open-market purchases as well as others, and though, had they done so, the punishment might have been greater, yet I will still approve the finding. Let him have the benefit of the mistake the court has made.
Fox is much dissatisfied with the verdict. Thinks it inadequate; should have been imprisoned five years and fined one hundred thousand dollars. He wishes me to return the papers for revision, and to state the punishment is inadequate. But this is not advisable, even were it strictly correct and allowable. The ends desired will be accomplished by this punishment. A more severe one, such as he suggests, will endanger a reaction.
The President was in very good spirits at the Cabinet. His journey has done him good, physically, and strengthened him mentally and inspired confidence in the General and army. Chase was not at the Cabinet-meeting. I know not if he is at home, but he latterly makes it a point not to attend. No one was more prompt and punctual than himself until about a year since. As the Presidential contest approached he has ceased in a great measure to come to the meetings. Stanton is but little better, if he comes, it is to whisper to the President, or take the dispatches or the papers from his pocket and go into a corner with the President. When he has no specialty of his own, he withdraws after some five or ten minutes.
Mr. Seward generally attends the Cabinet-meetings, but the questions and matters of his Department he seldom brings forward. These he discusses with the President alone. Some of them he communicates to me, because it is indispensable that I should be informed, but the other members are generally excluded.
