The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
In November, 1865, there appeared a volume compiled by Benn Pitman styled
"The Recorder to the Commission," claiming to be "An authentic record of
the trial of the assassins of the late President," to which was prefixed a
certificate "to its faithfulness and accuracy" by Colonel Burnett, who had
been assigned by Judge Holt to superintend the compilation and "made
responsible for its strict accuracy." This work, so authenticated, was on
its face intended by its compiler to be a complete history "for future use
and reference" of the proceedings of the Commission, from the order of
the President convening it to the approval of the President of its
findings and sentences. It had for frontispiece portraits of the
conspirators and a map of portions of Maryland and Virginia showing the
route of Booth, and for afterpiece a diagram of the stage of Ford's
theatre and a diagram of the streets in its vicinity. Beside matter
strictly of record, such as the testimony and the findings and sentences,
it included the arguments of all the counsel, the approval of the
President, the order changing the place of imprisonment from Albany to the
Dry Tortugas, the proceedings under the writ of habeas corpus in the case
of Mrs. Surratt; and (in the appendix) the opinion of Attorney-General
Speed; army instructions in ten sections; a proclamation of President
Lincoln; a poisonous affidavit of Weichman, inclosed in a letter to
Colonel Burnett; and an affidavit of Captain Dutton, who took Dr. Mudd to
the Dry Tortugas, giving the confessions the Captain swears the Doctor
made on the way, sent to General Holt in obedience to his request for such
information. Nevertheless, amid all this wealth of illustration, there is
not the faintest allusion to any such thing as a recommendation to mercy,
in the volume. On the one hand, Pittman may not have seen the paper. His
findings and sentences are obviously taken from the order of the
Adjutant-General, and not from the original record, as he puts them in the
same order, which is not the order of the record. But, if he never saw the
paper, it must have been purposely kept from his knowledge, and thus from
the knowledge of the public, by some person interested in its suppression.
And Colonel Burnett, who had himself attached the paper "at the end" of
the record, instead of certifying to the "faithfulness and accuracy" of a
compilation omitting it, ought rather to have insisted that so important
and interesting a document, about the existence of which so much talk had
arisen, be at last given to the world.