Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-05-27

judge for lawyers, and much more offensive in il
character than The Congressional oath, also an
authorized By the Constitution and laws Of the State
And nov, when my own professional conduct hal
been arraigDed before the House Of Representatives
ana The American bar Rnd people, deem il due
alike % ny distinguished client snd myself as
have no right 20 appear before the House TO defend
other available method
What, then, we're the reasons that compelled me
g. one Of the Presidents counsel 20 believe that ont
Ct the highest duties devolving upon ne, as ID,
counfel who commenced the argument in his de-
fence was 10 notice the withdrawal Il Judge Blacb
a. one Of his counsel7
In The first place far back as the sth Of March
/ 1853 article was copied into the Daily Moruig,
Chronicle Of this city, in the words and figures fo
I lowing. to-wit
THE PRESIDENTS IETKSuoEs
jerry Black states today very freely that he Ia,
hoDe ~ the aegltittaE Of tbs President and tkot \,
50 informed him yesterday. Whether Mr.. johnson
viii resign or see the matter through is not yet de
teTminedi but II he takes the advice of nearly al
rs eoi'ettorS, ne will resign as the Senate
orders that the trial shall proceed without further
delay Washington correspondence Ns,v YorE Sna
/ l6h Instant
Be !. known and remembered, that the above
article appeared in the Chronicle Of the 18th OF
Msrcb--the day before Judge Black addressed his
AS+LfA " Lub lIt-luGilB GBClluluG 70 appear
counsel and that the letter Of the correspondent of
the Sun bears date the 18th Of March, The cery
day VpCn which ChQulcsy T. RJccFs letter loqs I'd
dressed 70 TIE President containing the COPY of the
9Th Of March, with the additional signatures Let
1t he further remembered that 20 far as have any
information the subject although the letter from
the correspondent Of the Sun was inserted In q con-
spicuous place in the Chronicle and although Judge
Black addressed letter, under date of 2eth April
1868, 10 Hon. j. A. Garfield, which was on The LIST
instant, produced by the latter in the House of Re
pfesentatiyes, the subject Of Alta Vela and Che
absurd things which be says / said TO the Court
ne has never yet in any public communication de-
MED the truth Of the correspondents statements
How then, did the correspondent Of the SzaL como
TO be informed that Judge Black had declined 10
appear as the Presidents counsel before the Presi
dent was formally notified Of the fact himself2 If
the correspondent Of the SU5 wrote The truth as TO
Judge Blacks declaration, and ] cannot see how IT
Is possible TO doubt IL. then so far as Judge Black
Is concerned, be not only withdrew from the cause
but allowed it 10 be heradel to tbe world before he
informed the President Of his withdrawal that he
had no hope Of acquttsl Of lbe President, and had
50 informed him. How does this correspond with
Judge Blacks letter 10 the President published in
the New York Herald of May !. 1868 and bearing
date Of March 18th, 1868 in which be saws
But to me IT is csdse Of sincere grief that can
not aid in the struggle you are making for truth
justice and the Constitution of your country | do
most devoutly believe that the accusation now made
against you by the House Of Represen tatves is I'M
founded in fact and law, and that your defence
must be regarded as conclusive by every impartial
mind. know il viii be presented with consum-
mate sbility."
There can be no doubt that the correspondent of
the Sun was informed of Judge BLACK intention 10
decline appearing counsel three day. before the
letter TO the President that youy Ioternlina-
ton TO determine nothing for the relief g The
OF Alta Nela makes It impossible for ME 10 serve
you longer as counsel in the Impeachment case. -
But where did the correspondent of the Sgl obtain
bis information, that if President johnson took the
advice Of nearly all his counse0rs he would resign
soon the Senate should order the trial ~ pro-
coed without delay" No such advice Us this was
ever given TO the President by his attorneys IL coun.
Gil, and have no reason 10 believe that any such
advice was ever given to him privately by any one
Of his ccunsel yet the Suns correspondents pub
fishes it in connection with Judge Backs very
free statement that be had no hope Of acquittal of
the President, and had so informed him; and it
would seem if the correspondent intended 20 leave
the inference TO be drawn, that Judge Black had
not only stated his own opinion, but had also d-
vuged what be supposed 70 be tho advice Of nearly
all Of the Presidents counsellors 1t is not for me,
however 30 reconcile the statements OF the corre-
spoDdent Of the san with Judge Blacks opinion,
given a his leffer 70 tbs Rfsaidant g. act1Tline
where the correspondent obtained his erroneous in
formation 20 the advice Of the other ccuas eeTs
if he did not obtain it from Judge Black
Suffice IL 10 repeat that the letter Of the SUI was
inserted IN a conspicuous place in the ChT0slicIs Of
10th Of March, and that it followed By a leader
in the Chronicle Of 25th March, under the title
" JOHNSON AND JERRY BLAcK, in which notor.ety
was given 90 the fact that Judge Black did not APP
pear as the Presidents counsel on Monday and in
which the editor, with commendable impartialLy,
distributed his fGDo between the two in about equal
proportions
Without adverting TO articles in other newspapers
let il be borne in mind that the Chronicle is edited
by the Secretary Of the Senate gentleman Of much
experience and ability who shares largely The pat
rOnage Of the Government and Is supposed 10 pos
sess very great influence with his party If he had
not believed that the withdrawal Of Judge Black
could be used 10 the detriment Of the President,
would he have adverted 20 il at all ? And when be
did advert 10 it-publshing as he has done, on al
most every day Of the trial articles that were in
tended 10 influence, unfavorably 10 the President,
the Judgment OF Senators-was IL no. my duty
counsel after had obtained correct information
10 the Alta Ne}s claim and the withdrawal Of Judge
Black, 20 avail myself Of some opportunity during
the trial 10 disabuse tho minds Of Senators and The
public Of any unlavorable impression, which had
been created by that remarkable circumstance p
Whatever Mr.. Thaddous Stevens may think OF say,
I believe the American bar, composed as il general
" is of some Of the most honorable men in the
ton, will, without distinction Of party approve my
deerm nation 10 make the facts known in yindica-
ton Of the President This believe, / would have
had the right 90 do in consequence Of the relations
Of the editor Of the Crolicle TO the Senate in the
course of my argument and without any allusion
10 the subject by the managers. But on the 22d Of
April, 1868 Gov. Boutwell, (by whom / was pre-
ceded in the argument,) in denounciDg the Presi-
dent, said, among other things
he attacks 20 destroy oil who will not become
hs instruments and al who become his instruments
are destroyed In the use He spared no one, Al
ready this purpose Of his life is illustrated IN the
.-rF 81 ii
s0ho lcas Of counsel for the respondent 53 0ho has
ueUer appeared IN his behalf Record, p. $50.
Mr.. Manager Butler had previously said On the
18th April, in discussing the admissibty Of Mr..
Buchanan's message as to the appointment Of Sec
rotary Of War in place Of Mr.. Floyd
But there is still further objection aud that E,
that most Of the message composed Of the state
ments Of Mr.. j. s Blsek-Jeremiah s. Black-irio
refused TO haze anything 70 do a0u This GHyhoc."
Laughter. See record, p. 5s2)
II viii thas be seen that two OF the managers had
alluded, :. the court 20 Judge Blacks withdrawal
before said one word on the subject and one Of
them had seemed 10 insinuale that Judge Blacks
action bad been taken in consequence Of some bad
treatment of him By the President ID became emil
nently proper for me as counsel to reply 10 the
charge, by stating al the facts connected with IT.
and that in stating these facts 1t was necessary Tor
me 70 give tho brief history Of she Alta Vea claim
and Of Judge Blacks relation as counsel to the
( claimants and 70 the President And in answer to
the very foolish question Of Mr. Stevens -" What
then, had this letter 10 do with the prosecution
which Mr. Neson wss discussing II submit the
following observations
/ 1. Two Of The managers had deomed the with
drswal Of Judge Black & matter Of such moment
that they had alluded 10 it in the course Of the pros
1 eculiOu
2. As Il was introduced IN argument by both,
/ had the right 20 reply 10 It IN argument.
II the managers bad believed l lad 10 such
{ risbt they would have objected b. Il at the time