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A somewhat startling incident； which for the moment threatened unpleasant results； occurred in the course of the trial。 In his opening speech for the prosecution； Mr。 Manager Boutwell used this language； speaking of the President：
The President is a man of strong will； of violent passions； of unlimited ambition； with capacity to employ and use timid men； adhesive； subservient men； and corrupt men； as the instruments of his designs。 It is the truth of history that he has injured every person with whom he has had confidential relations； and many have escaped ruin only by withdrawing from his society altogether。 He has one rule of his life： he attempts to use every man of power； capacity； or influence within his reach。 Succeeding in his attempts； they are in time； and usually in a short time； utterly ruined。 If the considerate flee from him； if the brave and patriotic resist his schemes or expose his plans； he attacks them with all the energy and patronage of his office； and pursues them with all the violence of his personal hatred。 He attacks to destroy all who will not become his instruments； and all who become his instruments are destroyed in the use。 He spares no one。 * * * Already this purpose of his life is illustrated in the treatment of a gentleman who was of counsel for the respondent； but who has never appeared in his behalf。
The last paragraph of the above quotation manifestly referred to a disagrement between the President and Judge Black； which led to the retirement of that gentleman from the Management of the Defense of the President； a few days prior to the beginning of the trial。
To this criticism of the President； Judge Nelson； of Counsel for Defense； responded a few days later； with the following statement：
It is to me； Senators； a source of much embarassment how to speak in reply to the accusation which has thus been preferred against the President of the United States。 * * *
In order that you may understand what I have to say about it I desire to refer the Senate to a brief statement which I have prepared on account of the delicacy of the subject； and； although I have not had time to write it out as I would have desired to do； it will be sufficient to enable you to comprehend the facts which I am about to state。 You will understand； Senators； that I do not purport to give a full history of what I may call the Alta Vela case； as to which a report was made to the Senate by the Secretary of State upon your call。 A mere outline of the case will be sufficient to explain what I have to say in reference to Judge Black：
Under the guano act of 1856； William T。 Kendal on the one side； and Patterson and Marguiendo on the other； filed claims in the Secretary of State's office to the island which is claimed by the government of St。 Domingo。
On the 17th of June； 1867； the examiner of claims submitted a report adverse to the claim for damages against the Dominican government。 On the 22d of July； 1867； Mr。 Black addressed a letter to the President； （page 10） and another on the 7th of August； 1867。 On page 13 it is said that Patterson and Marguiendo acquiesce in the decision。 On page 13 it is shown that other parties are in averse possession。 On page 15 it is asserted that the contest is between citizens of the United States； and can be settled in the courts of the United States。 The contest now seems to be between Patterson and Marguiendo and Thomas B。 Webster & Co。
On the 14th of December； 1859； Judge Black； as Attorney General； rejected the claim of W。 J。 Kendall to an island in the Carribean Sea； called Cayo Verde； and Mr。 Seward seems to regard the two cases as resting on the same principle in his report of 17th of January； 1867。
On the 22d of July； 1867； Judge Black addressed a letter to the President enclosing a brief。 On the 7th of August； 1867； he addressed another communication to the President。 On the 7th of February； 1868； an elaborate an able communication was sent to the President； signed by W。 J。 Shaffer； attorney for Patterson and Marguiendo； and Black； Lamon &； Co。； counsel； in which they criticised with severity the report of Mr。 Seward and asked the President to review his decision。
According to the best information I can obtain； I state that ON THE 9TH OF MARCH； 1868； General Benjamin F。 Butler addressed a letter to J。 W。 Shaffer； in which he stated that he was 〃clearly of the opinion that； under the claim of the United States its citizens have the exclusive right to take guano there；〃 and that he had never been able to understand why the executive did not long since assert the rights of the government； and sustain the rightful claims of its citizens to the possession of the island IN THE MOST FORCIBLE MANNER consistent with the dignity and honor of the Nation。
The letter was concurred in and approved of by John A。 Logan； J。 A。 Garfield； W。 H。 Koontz； J。 K。 Moorhead and John A。 Bingham； on the same day； 9th of March； 1868。
This letter expressing the opinion of Generals Butler； Logan and Garfield was placed in the hands of the President by Chauncey F。 Black； who； on the 16th of March； 1868； addressed a letter to him in which he enclosed a copy of the same with the concurrence of Thaddeus Stevens； John A。 Bingham； J。 G。 Blaine； J。 K。 Moorhead and William H。 Koontz。
After the date of this letter； and while Judge Black was the counsel of the respondent in this cause； he had an interview with the President； in which he urged immediate action on his part and the sending an armed vessel to take possession of the island； and because the President refused to do so； Judge Black； on the 19th of March； 1868； declined to appear further as his counsel in this case。
Such are the facts in regard to the withdrawal of Judge Black； according to the。 best information I can obtain。
The island of Alta Vela； or the claim for damages； is said to amount in value to more than a million dollars； and it is quite likely that an extensive speculation is on foot。 I have no reason to charge that any of the managers are engaged in it； and presume that the letters were signed； as such communications are often signed； by members of Congress； through the importunity of friends。
Judge Black no doubt thought it was his duty to other clients to press this claims but how did the President view it？
Senators； I ask you for a moment to put yourself in the place of the President of the United States； and as this is made a matter of railing accusation against him； to consider how the President of the United States felt it。
There are two or three facts to which I desire to call the attention of the Senate and the country in connection with these recommendations。 They are； first； that they were all gotten up after this impeachment proceeding was commenced against the President of the United States。
Another strong and powerful fact to be noticed in vindication of the President of the United States； in reference to this case which has been so strongly preferred against him； is that these recommendations were signed by four of the honorable； gentlemen to whom the House of Representatives have intrusted the duty of managing this great impeachment against him。
Of course exception was taken to this statement； and to the revisal inferences therefrom； and the authenticity of the signatures mentioned at first denied； and then an effort made to explain them away； but it is unsuccessful。
The incident left a fixed impression； at least in the minds of many of the Senators； that an effort had been made to coerce the President； in fear of successful impeachment； into the perpetration of a cowardly and disgraceful international act； not only by his then Chief of Counsel； but also by a number of his active prosecutors on the part of the House。
It would be difficult to fittingly characterize this scandalous effort to pervert a great State trial into an instrumentality for the successful exploitation of a commercial venture which was by no means free from the elements of international robbery。
Yet to Mr。 Johnson's lasting credit； he proved that he possessed the honesty and courage to dare his enemies to do their worsthe would not smirch his own name and disgrace his country and his great office； by using its power for the…promotion of an enterprise not far removed from a scheme of personal plunder； let it cost him what it might。 It was a heroic act； and bravely； unselfishly； modestly performed。
CHAPTER IX。 EXAMINATION OF WITNESSES AND THEIR TESTIMONY。
The initial proceedings to the taking of testimony； while to a degree foreshadowing a partisan division in the trial； also demonstrated the presence of a Republican minority which could not at all times； be depended upon to register the decrees of the more radical portion of the body。 The first development of this fact came in the defeat of a proposition to amend the rules in the interest of the prosecution； and again on the examination of Mr。 Burleigh； a delegate from Dakota Territory in the House of Representatives and a witness brought by the prosecution on March 31st。 Mr。 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