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
Whatever rules have been adopted and practiced by the
civilized nations of the world in war to soften its hardships
and severity should be adopted and practiced by us in this
war. That the laws of war authorize commanders to create and
establish military commissions, courts or tribunals for the
trial of offenders against the laws of war, whether they be
open or secret participants in the hostilities, cannot be
denied. That the judgments of such tribunals may have been
sometimes harsh, and sometimes even tyrannical, does not
prove that they ought not to exist, nor does it prove that
they are not constituted in the interest of justice and mercy.
Considering the power that the laws of war give over secret
participants in hostilities, such as banditti, guerrillas,
spies, etc., the position of a commander would be miserable
indeed if he could not call to his aid the judgments of such
tribunals; he would become a mere butcher of men without the
power to ascertain justice, and there can be no mercy where
there is no justice. War in its mildest form is horrible; but
take away from the contending armies the ability and right to
organize what is now known as a Bureau of Military Justice,
they would soon become monster savages unrestrained by any and
all ideas of law and justice. Surely no lover of mankind, no
one that respects law and order, no one that has the instinct
of justice or that can be softened by mercy, would in time
of war take away from the commanders the right to organize
military tribunals of justice, and especially such tribunals
for the protection of persons charged or suspected of being
secret foes and participants in hostilities. It would be a
miracle if the records and history of this war do not show
occasional cases in which those tribunals have erred; but they
will show many, very many cases in which human life would have
been taken but for the interposition and judgments of these
tribunals. Every student of the laws of war must acknowledge
that such tribunals exert a kindly and benign influence in time
of war. Impartial history will record the fact that the Bureau
of Military Justice, regularly organized during this war, has
saved human life and prevented human suffering. The greatest
suffering patiently endured by soldiers, and the hardest
battles gallantly fought during this protracted struggle,
are not more creditable to the American character than the
establishment of this bureau.
Public-domain text, read in full here on John Shaqi.
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