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 officers composing this court were, according
to the biographers of President Lincoln (Nicolay and Hay) "not only
officers high in rank, but of unusual weight of character"; they had
been thoroughly schooled in military discipline, and so recognized the
duty of obedience to orders as the first duty of a soldier. It was not
any part of their duty to discuss the wisdom, propriety, or legality
of an order before entering upon the act of obedience. Their duty was
simply to obey, and for this they were properly held responsible.
The order of detail assigned to them the specific duty of trying the
accused under the charge and specifications prepared against them by
the government, and so, as loyal, obedient soldiers, loving their
country and having faith in its government, they had nothing to do but
to enter upon and discharge the duties for which they had been detailed.
As before stated, the Hon. Reverdy Johnson, a United States Senator
from Maryland, volunteered to defend Mrs. Mary E. Surratt, selecting
her for his client that he might have the benefit, for the purpose of
his argument, of the sympathy which we all naturally feel for her sex.
It was not his purpose to defend her any more than any other one or all
of the prisoners, as he addressed himself simply to the task of arguing
the question of jurisdiction. His real object was, evidently, to get
himself before the Commission, that he might arraign the martyred
President before the country and before the world, and denounce his
acts for the prosecution of the war as unconstitutional and tyrannical
usurpations of power. He made a lengthy, and from the stand-point of
the right of secession, able argument against the right to try these
cases before a military tribunal. The Commission was made up largely of
men sufficiently versed in constitutional law, as well as the laws of
nations and of war, to be little influenced by his sophistries. Their
position towards the government on these questions had placed them
where they were, as officers in its military service, and they could
not be swerved from the loyal discharge of their duty. The reply of
the Hon. John A. Bingham to the sophistries of the honorable senator,
is a masterpiece of logical reasoning, as also of forensic eloquence
and legal acumen, and will well repay the careful study, not only of
every student of law, but of every young man who has an ambition to
become intelligent in matters of public interest, involving the rights,
duties, and privileges of the citizen in time of peace and in time of
war.
It will be found not only thoroughly learned and exhaustive of all
questions involved, as a legal argument, but also the very embodiment
of patriotic devotion to our free institutions of government, and to
the cause of civil liberty, justice, humanity, and moral progress.
Public-domain text, read in full here on John Shaqi.
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