Judge-Advocate-General called to receive it back, and reiterated in
the presence of other gentlemen the same thing. That is my knowledge
and that is my authority."
Here we have, then, the final statement of his side of the case, made by
Judge Holt, through the mouth of counsel, revised and corrected under the
stress of the occurrences at the White House and the negatory attitude of
the members of the Cabinet present on the spot. Stripped of the allegation
that the record was laid before the Cabinet and voted upon by every
member of the Cabinet, its affirmations, carefully confined to "the
confidential interview" between the President and the Judge-Advocate, go
no farther than that "the identical paper" was "before the President,"
when he signed the death warrant, and they had a conversation "on the
subject."
"He wants no misunderstanding" and does "not intend there shall be any."
The counsel in great detail relates how he came by his facts. "That is my
knowledge and that is my authority." Of course it is open to everybody to
believe, if he choose, that the talk of the Cabinet meeting and of the
unanimous vote of its members against the petition, was a mere rhetorical
exaggeration of a simple narrative of Holt relating the incidents of an
interview between the President and himself, struck off by Judge
Pierrepont in the full fervor of his eloquence; but, nevertheless, it
remains true that the Judge-Advocate, until the catastrophe befell, was
satisfied it should stand, rhetoric and all; because he "reiterated the
same thing" on Saturday, _after_ the counsel had concluded his statement,
and on Monday the counsel continued his address all day without being
advised of the necessity for any retraction.
Be this as it may, there is now, at the last, no appeal by the
Judge-Advocate to the members of the Cabinet, all of whom were living, as
witnesses to the President's knowledge of the petition of mercy. He
abandons hope of corroboration from members of the Cabinet, and he takes
his stand upon the single categorical affirmation, that the "identical
paper" formed part of the record when the record was before the President
in 1865.
And, singular as it may appear, this is the very thing that the President
does not categorically deny; he only infers the contrary from the
appearance of the record in 1867.
The single categorical negation of the President is that he neither saw
nor read the recommendation. And, singular as it may appear, this the
Judge-Advocate does not categorically affirm; he leaves it to be inferred
from his averment of the presence of the paper and a conversation on the
subject.