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The managers of the trial on the part of the accusation were Thaddeus Stevens, B. F. Butler, John H. Bingham, George S. Boutwell, J. F. Wilson, T. Williams, and John A. Logan, all members of the House; for the President, appeared Attorney-General Henry Stanbery, Benjamin R. Curtis, Jeremiah S. Black, William M. Evarts, and Thomas A. R. Nelson.
Permit me to discuss these points a little, and I will premise by saying that I have spoken to no one on the subject, and have not even seen Mr. Ewing, Mr. Stanbery, or General Grant, since I was with you. To bring me to Washington world put three heads to an army, yourself, General Grant, and myself, and we would be more than human if we were not to differ.
The Attorney-General, Henry Stanbery, had from an impulse of chivalric devotion resigned his post for the purpose of defending his chief. His reputation as a lawyer was of the first rank in the West, where for nearly forty years he had been prominent in his profession. But though first named, on account of his personal and official relations with the President, he was not the leading counsel.
Butler, examining the witness, asked the question: Had you on the evening before seen General Thomas? * Had you a communication with him? Answer. Yes sir. Mr. Stanbery objected, and the Chief Justice ruled that the testimony was competent and would be heard "unless the Senate think otherwise." To this ruling Mr. Drake objected and appealed from the decision of the Chair to the Senate.
He appointed Generals Sheridan, Sickles, and Pope to carry out its provisions, and he was regarded as an obstinate man patriotically performing an unpleasant duty. Then he began to doubt, and Attorney-General Stanbery, aided by Judge Jere Black, declared that the Reconstruction Act was not legal, and that the military commanders at the South were merely policemen.
Ewing, and to Mr. Stanbery. You remember that in our last talk you suggested I should write again to the President. I thought of it, and concluded my letter of January 31st, already delivered, was full and emphatic. Still, I did write again to Mr. Stanbery, asking him as a friend to interpose in my behalf.
The President was defended by able counsel, including former Attorney-General Stanbery, Benjamin R. Curtis, who had earlier sat upon the Supreme Court, and William M. Evarts, an eminent lawyer and leader of the bar in New York.
Henry Stanbery, of Kentucky; Benjamin R. Curtis, of Massachusetts; Thomas A. R. Nelson, of Tennessee; William M. Evarts, of New York, and William S. Groesbeck, of Ohio.
So this proffered testimony was refused. No. 11. Mr. Stanbery, for Defense, suggested that the question had undoubtedly been overruled upon matter of form, at least, and put it again in this form. Was anything said at either of those interviews by the President, as to any purpose of getting the question of Mr. Stanton's right to the office before the courts?
Henry Stanbery so, for the guidance of the boards, I gave the following instructions: "HEADQUARTERS FIFTH MILITARY DISTRICT. "New Orleans, La., April 10, 1867. "Special Orders, No. 15.
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