Following the American Civil War Sesquicentennial with day by day writings of the time, currently 1863.

Diary of Gideon Welles

September 18, Friday. The proclamation suspending the privilege of the writ of habeas corpus has been generally well received. I have never feared the popular pulse would not beat a heathful response even to a stringent measure in these times, if the public good demanded it.

At the Cabinet-meeting Chase inquired of Seward how he and the Secretary of the Navy got on with the English ironclad rams. Seward treated the matter lightly and turned the conversation aside skillfully, I thought, for I was interested in the question. No one could do this more adroitly than he. On returning from the Cabinet I found upon my table two letters received by the noon mail, one from Consul Dudley of Liverpool of the 5th and one from Consul Cleveland at Cardiff of the 3rd, both private, but each warning me, earnestly, that the English government manifested no intention to detain these vessels, and expressing their belief that they will be allowed to leave.

I went directly to the State Department with these letters, which I read to Seward, and reminded him of our conversation in August when he quieted my apprehension so far that I left Washington to visit the navy yards, by assurances which he had received that we should not be disturbed by these formidable vessels.

He answered very pleasantly that he remembered the interview and the assurances he gave me, and seemed not the least disturbed by the information of threatened danger. On the contrary he appeared gratified and self-satisfied. After a remark or two of assumed indifference, he saw I was in earnest and not to be put off with mere words. He suddenly asked if I was a mason. I replied I was, but this was a matter of public concern. He said he wanted to tell me a secret which I must not communicate to any living person, and he should be unwilling to tell it to me on other consideration while things were in their present condition. He must enjoin upon me especially not to tell the President, nor let him know I had been informed, for he should himself probably let the President have the fact which he was about to disclose to me. “You must promise me,” said he, ” that you will neither communicate nor talk about it.”

I said that any matter thus communicated I should not be likely to repeat, but I must necessarily talk about these rams and communicate with others concerning them, —it was my business and duty to do it. I had come to him to talk about them, and I must, from the information I had, some of which I had just submitted, take action unless I had something from him to justify my abstaining to move.

He had a hesitating and inquiring look. “If,” said he, “England lets these vessels out we must let loose our privateers.”

This I had repeatedly said on previous occasions, and I now fully concurred, but I had delayed extra efforts in consequence of his assurances, and we are in no condition for these troubles. We must act, and with promptness and energy, unless he had something to say as a preventive.

“Well, they won’t come out,” said he. “The English Ministry are our friends with the exception of the chief. His course and conduct are execrable, and with his organ are damnable. I don’t know,” continued S., “what he, the premier, means. For certain reasons they gave out on the 4th of November that the government could do nothing to prevent the rams from coming out. On the 5th of November, the next day, they gave us assurances they should not come out. They will be retained in port, but you must not know this fact, nor must any one else know it. Mr. Adams is not aware of it. No one but you and the President and I must know it here, and it is best that he should not know that you know it.”

“Do you mean to say,” I asked, “that this state of facts was communicated to you last November, — nearly one year ago?” “No,” replied he, “did I say November? I meant September. I have dispatches here. I have not read all. I left the Cabinet early, as you observed.”

After some farther remarks, some additional injunctions, assurances that no member of the Cabinet knew or must be allowed to know anything on the subject, — there was a necessity that I should be informed, but yet appear to the world as if I were not informed, — some allusions to the Emma, recently captured and taken into service, our interview terminated. Before leaving, however, he expressed a wish that we had a fast steamer off Brest to capture the Florida, without recollecting that neither of our good neutral friends of England and France will allow us to coal or remain in port over twenty-four hours.

The information thus given in confidence relieves me of much labor and anxiety, yet I am not without some anxiety. I dislike this mystery, this reticence towards our colleagues in the government. Should the English fail us, or Seward find it convenient under a calamitous condition of affairs to deny what he has told me, or claim that he was misunderstood, I could not escape censure and condemnation. There is no record or writing in my possession. I have, on verbal, confidential assurances, omitted to take precautionary measures, which, without those assurances, I should have taken, and it was my duty to take, last August and now. If the rams come out and damage us, the denunciations against me will be severe, and I am without remedy but must bear the odium of neglect and inaction, for I cannot make public what has been told me.

The Emma was not a naval capture. She was taken by the Arago, an army transport, and was purchased under order of the court by the Navy. Her Majesty’s representative is pressing the question of sale to the Navy of this vessel, captured by an army transport, for a purpose.

September 17, Thursday. Unpleasant rumors of a disagreement between Dahlgren and Gillmore and that the latter had requested to be relieved of his present command. This, I think, must be a mischievous rumor, — perhaps a speculative one.

A new panic is rising respecting the ironclads in England, and some of our sensation journals fan the excitement. It does not surprise me that the New York Times, Raymond’s paper, controlled by Thurlow Weed, and all papers influenced by Seward should be alarmed. The latter knows those vessels are to be detained, yet will not come out and state the fact, but is not unwilling to have apprehension excited. It will glorify him if it is said they are detained through protest from our minister. If he does not prompt the Times, he could check its loud apprehensions. I am under restrictions which prevent me from making known facts that would dissipate this alarm. The Evening Post, I am sorry to see, falls in with the Times and its managers, and unwittingly assists those whom it does not admire. Both these journals are importunate, and insist that the Roanoke shall be returned to New York. But the Navy Department is not under newspaper control, though they have the cooperation of distinguished men. To station a steam frigate in New York would involve the necessity of stationing one also in the Delaware, and another at Boston. There would be no limit to the demand for naval defenses, yet it is claimed the coast defenses belong exclusively to the military.

September 16, Wednesday. Dispatches and also a private letter from Dahlgren speak of the assault and repulse at Sumter. Neither is clear and explicit. I should judge it had been a hasty and not very thoroughly matured movement.

September 15, Tuesday. The President read the paper which he had drawn up. Mr. Chase proposed as a preferable course that the President should, pursuant to the act of the 3rd of March last, suspend by proclamation the privilege of the writ of habeas corpus on military questions. This proposition, after discussion, met with favor from all, and the Council adjourned to 1 P.M. for Mr. Seward to prepare a proclamation. On meeting at one o’clock, the draft which Mr. Seward had prepared was criticized and after some modifications was ordered to be recopied and carried into effect. All came into the arrangement cordially after Stanton read the reports of sundry provost marshals and others detailing the schemes practiced for defeating the draft.

The question is raised whether the executive can suspend the privilege of the writ of habeas corpus without Congressional action. If the executive can suspend in the cases specified, which is generally admitted, the policy of falling back on the act of the 3d of March last is more than questionable, for if Congress has, as claimed, the exclusive right, can it delegate away that right? If the right is in the Executive, it is not wise nor proper to place the proclamation on the delegated grant in the law of last March which is made the basis of the proclamation. I think I am not mistaken in my impression that Mr. Chase is one of those who has claimed that the President had the constitutional right to suspend the privilege of this writ, yet he was to-day sensitive beyond all others in regard to it and proposed relying on the act of Congress instead of the constitutional Executive prerogative. He feared if the President acted on Executive authority a civil war in the Free States would be inevitable; fears popular tumult, would not offend Congress, etc. I have none of his apprehensions, and if it is the duty of the President, would not permit legislative aggression, but maintain the prerogative of the Executive.

Commander Shufeldt, an officer of ability, gives me trouble by a restless but natural desire for change and more active employment. Wishes an independent command, is dissatisfied to be in the South Atlantic Squadron. Inadmissible. It is only recently he has been reinstated in the service, on my special recommendation and by my efforts, against the remonstrance of many officers and their friends in and out of Congress. Now to give him choice of position over others who never left the service would be unjust. I cannot do it. Duty on his present station is arduous, irksome, exhausting; some one must perform it were he to leave.

September 14, Monday. The President called a special Cabinet council this morning at eleven. The course pursued by certain judges is, he says, defeating the draft. They are discharging the drafted men rapidly under habeas corpus, and he is determined to put a stop to these factious and mischievous proceedings if he has the authority. The Secretary of State and Attorney-General have each been consulted and declare they have no doubt of his authority. Mr. Blair was satisfied the President had the legal power, but whether the measure proposed, which is an order from the President directing the provost marshals to disregard the writ, or to make return that the person to be discharged was held by authority of the President, was perhaps not the best process. Mr. Chase feared civil war would be inaugurated if the privilege of the writ of habeas corpus was suspended. Mr. Usher had doubts and uncertainties.

The President was very determined, and intimated that he would not only enforce the law, but if Judge Lowrie and others continued to interfere and interrupt the draft he would send them after Vallandigham. As considerable discussion had taken place, he was prepared to act, though willing to listen to, and, if mistaken, to defer to, others. Up to this point neither Mr. Stanton or myself had taken part in the discussion, though Stanton had undoubtedly expressed his opinion and prompted the proposed action.

I remarked that the subject was not new to me, — that I had two or three times experienced this interference by judges to release men from service, not in relation to the recent draft, but that we were and had been suffering constant annoyance. Vessels were delayed on the eve of sailing, by interference of State judges, who assumed jurisdiction and authority to discharge enlisted men in the national service in time of war, on habeas corpus. I had as high regard and reverence for that writ as any one, but it seemed to me there should be some way to prevent its abuse. A factious and evil-minded judge — and we had many such holding State appointments — could embarrass the Government, could delay the departure of a vessel on an important mission, involving perhaps war or peace, or interrupt great military movements by an abused exercise of this writ, — could stop armies on the march. I had questioned whether a local State or municipal judge should have this power to control national naval and military operations in a civil war, during the existence of hostilities, and suggested that, especially in time of war, United States judges were the only proper officers to decide in these naval and military cases affecting the law and service of the United States. Hitherto the Army had suffered less than the Navy, and I was not sorry the subject had been brought forward by others.

The President said he would prepare and submit a paper at an adjourned meeting for criticism to-morrow at 9 A.M.

September 12, Saturday. Exceedingly busy in bringing up and disposing of matters which accumulated during my absence. Admiral Farragut and a few friends to dine with me. The more I see and know of Farragut, the better I like him. He has the qualities I supposed when he was selected. The ardor and sincerity which struck me during the Mexican War when he wished to take Vera Cruz, with the unassuming and the unpresuming gentleness of a true hero.

September 11, Friday. I left Washington on the 31st ult. on an official visit to the several navy yards. Have a good report of affairs during my absence. Met the members of the Cabinet with the exception of Stanton at the regular meeting. All glad to see me, —none more so than the President, who cordially and earnestly greeted me. I have been less absent than any other member and was therefore perhaps more missed.

Had a call from Admiral Farragut of a most cheerful and friendly character. Also from Commodore Pennock from Cairo.

August 29, Saturday. Have reluctantly come to the conclusion to visit the navy yards. It is a matter of duty, and the physicians and friends insist it will be conducive to health and strength. If I could go quietly it would give me pleasure, but I have a positive dislike to notoriety and parade, — not because I dislike well-earned applause, not because I do not need encouragement, but there is so much insincerity in their showy and ostentatious parades, where the heartless and artful are often the most prominent.

The President cordially approves my purpose, which he thinks and says will do me good and strengthen me for coming labors.

Chase has been to me, urging the dispatch of several vessels to seize the armored ships which are approaching completion in Great Britain and which may be captured off the English coast. The objections are: first, we cannot spare the ships; second, to place a naval force in British waters for the purpose indicated would be likely to embroil us with that power; third, the Secretary of State assures me in confidence that the armored vessels building in England will not be allowed to leave. This third objection, which, if reliable, is in itself a sufficient reason for non-action on my part, I am not permitted to communicate to the Secretary of the Treasury, who is a part of the government and ought to know the fact. It may be right that the commercial community, who are deeply interested and who, of course, blame me for not taking more active and energetic measures, should be kept in ignorance of the true state of the case, but why withhold the truth from the Secretary of the Treasury? If he is not to be trusted, he is unfit for his place; but it is not because he is not to be trusted. These little things injure the Administration, and are in themselves wrong. I am, moreover, compelled to rely on the oral, unwritten statement of the Secretary of State, who may be imposed upon and deceived, who is often mistaken; and, should those vessels escape, the blame for not taking preliminary steps to seize them will fall heavily on me. It grieves Chase at this moment and lessens me in his estimation, because I am doing nothing against these threatened marauders and can give him no sufficient reasons why I am not.

The subject of a reunion is much discussed. Shall we receive back the Rebel States? is asked of me daily. The question implies that the States have seceded, — actually gone out from us, — that the Union is at present dissolved, which I do not admit. People have rebelled, some voluntarily, some by compulsion. Discrimination should be made in regard to them. Some should be hung, some exiled, some fined, etc., and all who remain should do so on conditions satisfactory and safe. I do not trouble myself about the Emancipation Proclamation, which disturbs so many. If New York can establish slavery or imprison for debt, so can Georgia. The States are and must be equal in political rights. No one State can be restricted or denied privileges or rights which the others possess, or have burdens or conditions imposed from which its co-States are exempt. The Constitution must be amended, and our Union and system of government changed, to reach what is demanded by extreme men in this matter.

August 28, Friday. The Rebels are demoralized and discouraged, yet have not the manly resolution to confess it. Great is the tyranny of public opinion in all this land of ours, and little is the individual independence that is exercised. Men surrender their honest convictions to the dictates of others, often of less sense and ability than themselves. The discipline and mandates of party are omnipotent, North as well as South. Toombs of Georgia publishes a letter in which he speaks with freedom and boldness of the wretched condition of affairs among the Rebels, and of the ruin that is before them. This is audacity rather than courage. Toombs is a malcontent. Scarcely a man has contributed more than Toombs to the calamities that are upon us, and I am glad to see that he is aware of the misery which he and his associates have inflicted on the country. I have ever considered him a reckless and audacious partisan, an unfit leader in public affairs, and my mind has not changed in regard to him. Toombs, however, was never a sycophant.

Was at the navy yard with E[dgar] and F[ox] to examine the Clyde, one of the fast boats purchased by the Rebels in England, which was captured by our blockaders.

August 25, Tuesday. The Rebel accounts of things at Charleston speak of Sumter in ruins, its walls fallen in, and a threatened assault on the city. I do not expect immediate possession of the place, for it will be defended with desperation, pride, courage, Nullification chivalry, which is something Quixotic, with the Lady Dulcineas to stimulate the Secession heroes; but matters are encouraging.

Thus far, the Navy has been the cooperating force, aiding and protecting the army on Morris Island.