Year: 1867

lncu on inc l4lh Oh Mafch last. IN
reply to the question whether he pre-.
pared or had any part in the prepara-
tion Of the veto message of the recon.
struction bill, he said There have
been several communications between
the President and me, entirely private
and contidential-some of them rela.
ting to the subject indicated by your
question. | do not think you ought
to insist upon that question. | wish
simply to enter a protest against your
right TO demand an answer. am on
record for this opinion, that n witness
sworn to testify before any tribunal
is bound to answer a question which
that tribunal declares he ought to
answer; that he is himself not the
Judge OF what he ought to answer and
what he ought not. Besides that, you
have the power TO compel an answer
under penalties which | cannot resist.
If, therefore, you insist upon my sta
ting what private intercourse took
place between me and the President
upon this subject or upon any other,
/ suppose am bound TO answer, but
! submit TO the Committee tina: you
ought not to press that question. /
ask the Committee to decide whether
they will or not.


The committee after consultation
determined to require the question TO
be answered.


Answer. If the question relates TO
this paper as whole, then | answer
"No." ifyou mean TO inquire whetb-
er any portion Of the paper was sug-
gested by me or whether any part of
it originated with me in form or ex-
preston, ] answer "Yes"


Question. Win you examine the
printed copy of the message now
shown you and marked, and state
what parts of it were prepared byyou Z


Answer. If had written the mes
sage or if had had a carte blanche to
write it. and the President had signed
what | would have written, or what
| did write, it would have been much
more Objectionable document to the
majority in Congress than it is--much
moro in violation of what now seems
to be the sentiment in Congress upon
the subject, most Objectionable to me
and class Of people in this country
who think as do upon constitutional
questions. The beginning OF this pa
per, that portion Of It especially which
analyses the bill vetoed, | think was
used by him out of material that |
furnished, freely and with less altera-
tion than any other part. But every
thing that soroto was Afterwards
toned down, whether by him or some
one else don't know, because | never
had any communication with him
after | handed overtho paper. / have
not seen him since.


After some further questions he sta
ted that the next paragraph about
trial by jury is one which is partly
mine have n weakness for that
portion Of the Constitution. | never
did, and ! suppose | will 60 10 my
grave without being able TO speak Of
u violation Of that portion of the Con-
stitution without certain amount OF
boiling and indignation. What |
would have written in the shape of II
message, if / were allowed to take my
own way, would have been more strong
in vindication OF that right, and what
| did write on that subject | suppose
was a little too strong, at least | sup
pose it to be so, rs there is very little
of il here. And what is here said
about the writ Of hdbeos corpus and
arrest without warrant is mine. do
not think, however, there is much use
TO talk about the writ of hQbedS corpus
and arrest without warrant, if the fun.
damental principle that a rnan is to
have the right to a trial by jury OF
of his countrymen is to be disregarded,
it is not worth while to talk of any
thing else. All the rest is but leather
and prunella.


The next paragraph to the last,
which is long one, is a splendid con-
cern. | do not recognize il as coming
from me, though there are expressions
scattered here and there through it
that | think | must have used. 1t
begins "Tho evils which spring from
the unsettled state of our Government
will be acknowledged by all, )" and as.
serts the necessity Of settling it by
"adherence to the Constitution or by
some plan or course of administration
which will be within the Constitution,
and the admission of representatives
of the Southern States into Congress. "
That question about the admission of
the Southern States, or members of
Congress from tho Southern States, is
one | do not pretend to have written.
| never expressed anything on the
subject except the general right Of
the States TO be represented


Question. Was the argument which
you prepared in your own estimation
u paper covering the entire ground Of
the veto message substantially, and in
what you would regard as the proper
form Of veto messagel


Answer 1t was in that form. The
President did not request me TO put it
in any particular form. He wanted
me to put it in form that is, to put
in writing expressions which he bad
given, and in which we pertectlyagrced
which did. For instance, in the first
paragraph Of the paper which | wrote
1t went on as if il might have been
signed and sent in as message, but
there was no understanding that il
was to be done. 1t was distinctly
understood that he was TO change,
L.. a.. ..nlir.. a % La rnlnnanI