2. If this decisive information was in the possession of Judge Bingham at
so early a date as "soon after the execution," why had he not communicated
it to his distressed partner while Stanton and Seward lived? He had taken
pains to obtain it to meet the ugly stories that were even then
circulating against the Judge-Advocate. He knew it at the time of the
struggle at close quarters over the petition during the Surratt trial, and
he must have been cognizant of the fact, that for the lack of it, that
officer had been forced to withdraw the allegation of a full Cabinet
consideration of the petition, which he had at first prompted the counsel
of the United States boldly and publicly to make.
After the trial the reports grew louder and louder, until it was
everywhere said that Andrew Johnson habitually declared that he had never
seen the paper. Holt ran hither and thither collecting testimony from all
available quarters. Hear Holt himself: "Every time the buzz of this
slanderous rumor reached him (Bingham) during the last eight years--which
was doubtless often--his awakened memory must have reminded him that he
held in his keeping proof that this rumor was false." Why did not his
former assistant even relieve his tremendous anxiety by telling him that
he had evidence which would blow the calumny into the air? General Holt,
in a letter in reply to Bingham's, dated at Washington the next day, which
he also prints in his Vindication, says:
"It would have been fortunate indeed, could I have had this testimony in
my possession years ago."
He calls its concealment "a sad, sad mockery." Yes; and why was Judge
Bingham willing to perpetrate such a "mockery," and continue the "mockery"
until Stanton's death, and then until Seward's death, which occurred only
a few months before he at last enlightens his colleague? Can the most
credulous of men believe that, during all these years, he was guilty of
such cruelty as not even to whisper such welcome intelligence into the
ears of his sorely distressed brother officer?
And what shall we say of William H. Seward?
If that great man told Judge Bingham in 1865 what the Judge, after Seward
was dead, first says he did, why had William H. Seward kept silent so many
years, and at last died and made no sign? He must have heard the charge,
so infamous if false, and, if Judge Bingham be believed, he must have
known it to be false.
He must have heard the statement of Judge Pierrepont in open court in
1867. He must have known of the President's sending for the record and of
the explosion thereupon in the Department of War. Why did he not at that
crisis come forward with the proof of which the Judge-Advocate was so
dreadfully in need?
The Secretary of State could not have intrenched himself behind the
inviolability of proceedings of Cabinet meetings, as did the
over-scrupulous Attorney-General, because, according to Judge Bingham, he
himself had betrayed the secret long before.