The Judge-Advocate-General, though in court on Saturday getting back the
record and retelling its history, was absent, it would appear, from his
office on Monday, or was considered absent by Stanton, who it also appears
was still Secretary of War and in communication with Johnson. It was
thought best to employ a deputy to carry the papers to the President.
Holt, probably, had no stomach for another "confidential interview," with
the identical record in his hand.
Let Andrew Johnson himself tell what followed. The statement is from his
published reply to Holt in 1873, and was made with no reference to, and
apparently with no recollection of, the foregoing incidents of the John H.
Surratt trial:
"Having heard that the petition had been attached to the record, I
sent for the papers on the 5th day of August, 1867, with a view of
examining, for the first time, the recommendation in the case of Mrs.
Surratt.
"A careful scrutiny convinced me that it was not with the record when
submitted for my approval, and that I had neither before seen nor read
it."
It may have been only a coincidence, but on this very day, Monday, August
5th, 1867, and necessarily after the sending for the record, because that
was done through the Secretary of War, the following interesting missive
was dispatched by the President to that member of his Cabinet:
"Sir: Public considerations of a high character constrain me to say
that your resignation as Secretary of War will be accepted."
Stanton immediately replied:
"Public considerations of a high character constrain me not to resign
before the next meeting of Congress."
And, on the 12th, he was suspended from office.
But Andrew Johnson was not the only interested personage who read the
explicit declaration of Mr. Pierrepont. The statement that every member of
the Cabinet voted to confirm the sentence of Mrs. Surratt, with the
record, including, of course, the recommendation, before them, must have
been read also by William H. Seward, Edwin M. Stanton, Hugh McCulloch, and
Gideon Welles, the members of that "full Cabinet" who still remained in
office. They surely knew the truth of the statement, if it was true, or
its falsity, if it was false. If it was true, is it not perfectly
inconceivable that the President, conscious that these four of his
confidential advisers had seen the record and voted to deny the petition,
would have dared to enact the comedy of sending for the record, and then
brazenly assert that the petition had not been attached to it when before
him, and that he had neither seen nor read it?
And if he had been guilty of so foolhardy a course of action, now was the
time for the Judge-Advocate to fortify the declaration which he had
inspired Mr. Pierrepont to make, by appealing to these members of the
Cabinet to confront their shameless chief with their united testimony, and
forever silence the "atrocious accusation."