Assassination of Lincoln: a History of the Great Conspiracy: Trial of the Conspirators by a Military Commission, and a Review of the Trial of John H. SurrattHarris, T. M. (Thomas Mealey)
History
Assassination of Lincoln: a History of the Great Conspiracy: Trial of the Conspirators by a Military Commission, and a Review of the Trial of John H. Surratt
Harris, T. M. (Thomas Mealey)
Lincoln, Abraham, 1809-1865 -- Assassination; Surratt, John H. (John Harrison), 1844-1916
Here we have a man on trial for participation in the murder of a
President; yet, in his indictment, he is only charged with the murder
of one Abraham Lincoln. His fellow conspirators had been convicted
of murdering Abraham Lincoln, President of the United States, and
Commander-in-Chief of the armies and navy of the United States, and of
attempting to kill William H. Seward, Secretary of State of the United
States, and lying in wait to kill Andrew Johnson, Vice-President of
the United States, and Ulysses S. Grant, commander in the field of
the armies of the United States, for the purpose of overthrowing the
government of the United States in aid of the existing rebellion. Under
this charge they had been condemned and some of them executed. This was
the result of a military trial in time of war.
This trial had been denounced by every rebel sympathizer in the land.
Great lawyers and statesmen had argued with vehemence that these
assassins had been tried by an unconstitutional tribunal. The dead
President had been denounced as a tyrant, and usurper of authority; one
who had trampled under foot the Constitution he had sworn to protect
and defend by proclaiming martial law, and suspending the writ of
_habeas corpus_; and even in prosecuting a war to compel rebellious
States to submit to the lawful authority of the government, and now
they would tie up the hands of the government by insisting that it
could only try these traitorous assassins, constitutionally, before a
civil court. The country stood divided on this contention, just as it
did on the issues of the war, and partisan feeling ran as high in this
discussion as it did on the right of secession or the right of the
government to compel submission to its authority.
The sophistry of this reasoning, when applied to a time of war, was
made apparent by the results of this trial of John H. Surratt before a
civil court, in time of peace. No government could protect itself under
such a construction of the Constitution, because no government could
ever convict a traitorous assassin before a jury made up of its enemies
as well as its friends.
Public-domain text, read in full here on John Shaqi.
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