Question asked in one of my favorite Civil War discussion groups

Why did Gideon Welles have Ralphael Semmes arrested?  

Diary of Gideon Welles,  Vol. 2. pg 404
 " (December) Wednesday, 27. 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 he
absented himself from the country, though his case is one of the most
agravated and least excusable of the whole Rebel host. He did not belong in the 
rebel region and has not therefor 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." 

December 30,Saturday, Vol. 2,  pg. 407
   "Had a conversation with Dr. Lieber who was at my house yesterday respecting 
Semmes's offenses. TheDoctor has no question on that and thinks Lee and the 
whole of the army liable for treason notwithstanding Grants terms. Advised Solicitor 
bolles to call on Dr. L(ieber). Bolles thinks the trial of Semmes should be my a 
military or naval commission instead of by court martial."

January 3, Wednesday, Vol. 2, pg. 410
  "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 of 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."

January 13, Saturday, Vol. 2, pg 414-5
"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 whch 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."

February 1, Thursday,  Vol. 2, pg. 423
   "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." 
 pg 424 
"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 cognizances 
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 thru 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."

February 23, Wednesday, Vol. 2, pg 436
   "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 volilation of the laws of war
required perhaps a commission and could be reached in no other way. He concurred 
in these views but thought it would be well to get an opinion from the Attorney-General.
Moreover he thought delay rather advisible at this time. I told him I thought it a good 
opportunity to show that he was ready to bring criminals to trial when it devolved on him."

March 20, Tuesday,  Vol. 2, pg 457
  " Little of interest at the Cabinet meeting, After the others had left had a frank 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."

At a Cabinet meeting March 30, the question of Semmes's trial was discussed.
Some wanted him tried with a commission, and Welles again said that the Navy 
Department would not try him. As Johnson didn't know what to to, Welles submitted 
Semmes's application for a parole which was favorably indorsed by Judge-Advocate
General Bolles. 

April 2, Monday  Vol.2 pg 471-2
"Called with General Bolles on the President in relation to the case of Raphael Semmes."
"The President inquired as soon as the subject was taken up whether any facts were yet
public in relation to the desicion of the Surpreme Court in the Indiana cases (#Milligan and 
others)." "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."
>However the President still wanted to talk over the case and get the points designated. Bolles
said< "if Semmes was not to be immediately tried a parole would be advisible, 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."
"If tried at all it would be for violating the laws of war,--a case which the established legal
tribunals could not reach of 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 that claimed his as
their lawful prisoner-if in this he had not actied 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 becasue there were no trials. But here was a case that 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 and they would understant that the courts were
not equally promp. He would, however, await the decision of the Court."

April 4, 1866 Vol 2, pg 474.
Consulted again with the President in requard to the case of Semmes. Peace having been 
declared in all the States, and the decision of the Surpreme Court in the Indiana cases-
Milligan and others-being adverse to military commissions, I thought there should be prompt 
decision. The President inquied if it would not be best to parole him and require him to be in
readiness when called. I told him it was for him to decide, but that it seemed to me best to
dispose of him and if it was not best to proceed to try him after this decision of the Court, I
would advise his unconditional release rather than a parole. The Present said he had some
doubts, but wished to get rid of the subject for Semmes's wife was annoying him, crying
and taking on. 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."

April 6, 1866, Friday  Vol 2, page 476-7
At the cabinet meeting Welles was requested to stay after to talk with the President.
"He remarked that there was a somewhat strange state of things. Grant thought the
paroles covered almost everything. The court was taking up one of the cases for treason
and were showing themselves against military commissions. He therefor 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 from the surender 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."
  Atr this point Welles is asked by President Johnston to write up the release for Semmes
and submit to him


# (my addition to note the cases referred to)
1-7-05