Whether this unsatisfactory and ticklish state of the issue was the cause
or not, nothing was done in consequence of these revelations of the
Surratt trial. The President, indeed, plunged as he was in the struggle to
get rid of Stanton, which finally led to his impeachment, and remembering
his own remissness in not scrutinizing the papers before he signed the
death-warrant, could have had but little inclination to provoke another
conflict, on such precarious grounds, by attempting the removal of the
incriminated subordinate of his rebellious Secretary. He kept possession
of the record, however, long enough to subject it to a thorough inspection
by himself and his advisers, for (as appears from the letter of the chief
clerk already quoted) it was not returned to the Judge-Advocate-General's
office until December, 1867.
The Judge-Advocate, on his part, remained likewise passive and displayed
no eagerness for a vindication by a court of inquiry.
He pleads in 1873, as excuse for his non-action, that "it would have been
the very madness of folly" for him "to expose his reputation to the perils
of a judicial proceeding in which his enemy and slanderer would play the
quadruple role of organizer of the court, accuser, witness and final
judge." Forgetting the "history" he had told Mr. Pierrepont, and then
withdrawn, in 1867, he actually claims that he "was not aware that any
member of Mr. Johnson's Cabinet knew of his having seen and considered the
recommendation," and that he "was kept in profound ignorance of" "this
important information" "_through the instrumentality of Mr. Stanton_"!
But, were it credible that the Judge-Advocate "supposed," as he says,
"that this information was confined to" the President and himself, (not
even his master, Stanton, knowing anything of the petition), even in that
case the "perils" of an investigation, which he affects to dread, were all
on the side of his adversary. The necessity for the President of the
United States, himself, to come forward as the one sole witness to his own
accusation--especially when the charge involved an admission of his own
delinquency, and was to be met by the loud and defiant denial of his
arraigned subordinate--was enough, of itself, to deter the Chief
Magistrate of a great nation from descending into so humiliating a combat.