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
The admission of Mr. Johnson
was objected to by the author, a member of the court, on the ground
that he had very light views of the obligations of an oath, and in
proof of this, reference was made to an open letter to the people of
Maryland, written a few months previously by the honorable gentleman,
in which he advised them to take the oath prescribed by the late
Constitutional Convention of that State as a qualification for the
exercise of the right of suffrage in the adoption or rejection of the
amended Constitution, in which letter he took the ground that as the
convention had transcended its power in prescribing such an oath,
which in effect was intended to exclude all disloyal persons from
participation in this right of citizenship, it carried in it no moral
obligation; and that they might therefore take it as a matter of
indifference, even though they were disloyal. The honorable gentleman
at first treated this objection to his appearance with great _hauteur_
of manner, and appeared to be astonished that an obscure officer in
the army, whom nobody knew, should presume to arraign a man in his
position as incompetent to appear before such a court. He was answered
by the president of the Commission, who said, that had not General
Harris raised this objection he had intended doing so himself. The
honorable gentleman, seeing that there was danger of his exclusion from
the court, and that it could not be bluffed, immediately came down
from his high horse, and in a very respectful manner entered into a
lengthy explanation of the letter referred to, which explanation did
not put a better face on the matter, but as he in closing emphatically
declared that he did recognize the moral obligation of an oath, the
objection was withdrawn, and he was admitted and appeared accordingly.
The accused severally then asked, for the time, to withdraw their plea
of "Not guilty," heretofore filed, so that they might plead to the
jurisdiction of the court.
This being granted, they offered the following plea to the jurisdiction
of the court:--
"---- ----, one of the accused, for plea says that this court has no
jurisdiction in the proceedings against him, because he says he is not,
and has not been, in the military service of the United States.
"And for further plea, the said ---- ---- says that loyal civil courts,
in which all the offenses charged are triable, exist, and are in full
and free operation in all the places where the several offenses charged
are alleged to have been committed.
Public-domain text, read in full here on John Shaqi.
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