But, on the passage of that Act over the veto, Stanton, thinking his
tenure of office secure, at last threw off the double-faced mask he seems
to have worn in every Cabinet to which he ever had the honor to belong.
From that time he stood alone in the Cabinet, irreconcilable in his
hostility to every move of his Chief, in open league with his Chief's
active enemies, and determined to remain where he was not wanted and could
only act as a hindrance and a spy. In this perilous state of affairs, a
secret like that of the petition of the five officers burned towards
disclosure. Yet, so far as is at present ascertainable, no authoritative
affirmation of the existence of such a paper, on the one hand, and no
authoritative denial that it had been presented to the President, on the
other, had yet been made.
Upon such an arrangement of combustible material, the trial of John H.
Surratt acted like a spark of fire.
On the second day (June 11th, 1867), during the impanelling of the jury,
Mr. Pierrepont, the leading counsel for the United States, alluding to the
rumors then flying about, took occasion to predict that the Government on
that trial would set all these false stories at rest.
Among other things he said:
"It has likewise been circulated through all the public journals that
after the former convictions, when an effort was made to go to the
President for pardon, men active here at the seat of government
prevented any attempt being made or the President being even reached
for the purpose of seeing whether he would not exercise clemency;
whereas the truth, and the truth of the record which will be presented
in this court, is that all this matter was brought before the
President and presented to a full Cabinet meeting, where it was
thoroughly discussed; and after such discussion, condemnation and
execution received not only the sanction of the President but that of
every member of his Cabinet."
The testimony in the case closed, however, and the summing up began, and
there had been no attempt at a fulfillment of this prediction.
On Thursday afternoon, August 1st, Mr. Merrick, the junior counsel for the
prisoner, then nearing the close of his address, twitted the prosecution
with this breach of its promise in these words:
"Where is your record? Why didn't you bring it in? Did you find at the
end of the record a recommendation to mercy in the case of Mrs.
Surratt that the President never saw? You had the record here in
Court.
"Mr. Bradley: And offered it once and withdrew it?
"Mr. Merrick: Yes, sir; offered it and then withdrew it.
"Did you find anything at the close of it that you did not like? Why
didn't you put that record in evidence, and let us have it here?"