Even now it seems to be destined to a most unsatisfactory publication. For
the counsel of the prisoner decline to look at it, because (as Mr. Merrick
subsequently explained), "he mistrusted whatever came from the
Judge-Advocate-General's office;" because it "had been carefully withheld
until all opportunity had passed for taking evidence in relation to it;"
and because the official report of the trial contained no recommendation
of mercy. The mysterious roll of paper, consequently, lies there unopened,
until Judge Holt comes to reclaim it that same afternoon; and that officer
is careful, when receiving it back, to repeat over again, before other
witnesses, the same history of the document, he had told before to the
counsel for the prosecution, and which that counsel had just retold to the
jury.
But that had been said and done which must blow away the atmosphere of
unwholesome secrecy which had so long enveloped this addendum to the
record. The explicit declaration of the counsel for the United States,
made in a crowded court-room on so celebrated a trial, with the "identical
paper" in his hand, that the President had laid the record before his
Cabinet and "every single member voted to confirm the sentence," and that
the President had signed the death-warrant with the "suggestion" of
commutation "right before his eyes," was immediately published far and
wide, and must have been read on Sunday, the 4th, or at latest on Monday,
the 5th, by the President himself. And the President was certainly
astounded. By a most singular providence, Judge Holt himself, in a letter
written to himself, at his request, by his chief clerk, and published by
him in 1873 for another purpose, has furnished independent proof that the
President was now for the first time startled into sending for the record.
Here is what Chief Clerk Wright says:
"On the 5th day of August, 1867, Mr. Stanton, the Secretary of War,
sent for me, and in the presence of General Grant asked me who was in
charge of the Bureau in your absence. I informed him Colonel Winthrop.
He requested I should send him over to him, which I did. The Colonel
returned and asked me for the findings and sentence of the conspiracy
trial, telling me he had to take it to the President. On taking the
portion of the record referred to from the bundle, I found, from the
frequent handling of it, several of the last leaves had torn loose
from the ribbon fastening, and to secure them I put the eyelet in one
corner of it."