The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
On the other hand, if Pitman knew of the paper, he certainly would not
have voluntarily left it out of his book for the reason, he himself felt
constrained afterwards to assign, that "it formed no part of the
proceedings, was not mentioned in open session;" since he had given room
to so much matter, not of record, solely for the purpose of adding
interest and completeness to his work, and this critical document could
add so much to the one and its absence detract so much from the other.
Moreover, in December, the report of the Judge-Advocate-General to the
Secretary of War appeared, in which the trial was reviewed, and to which
the report to the President, dated July 5th, 1865, was appended. But in
both the existence of the petition was ignored.
Whatever may have been the true inwardness of these significant omissions,
their inevitable effect was to convince the mass of the people of the
non-existence of a recommendation to mercy; and the petition of the five
officers might have reposed in silence in the secret archives of the War
Department, had it not been for the alienation of the President from the
party which had elected him, his gradual gravitation towards his own
section, and finally his revolt from the sway of Stanton. During this
period, the rumors that the Court had recommended Mrs. Surratt to the
clemency of the Executive and that the paper had never reached the
Executive, coupled with stories that from the close of the trial to the
hour of the execution the President had been kept under confinement and in
a state of semi-stupefaction by a band of reckless partisans who were
bound there should be no clemency, grew louder and louder. But they were
never traceable to any reliable source. In fact, the coolness which had
been for a long time growing between Andrew Johnson and Edwin M. Stanton
did not break out into an open rupture until as late as the month of
March, 1867. The other members of the Cabinet, which Johnson had inherited
from Lincoln, who disagreed with Johnson on the question of
Reconstruction, Harlan, Dennison and Speed, resigned, on account of that
disagreement, in the summer of 1866; but Stanton stayed on. When the
Tenure of Office bill was passed by the Congress in February, 1867, the
Secretary of War was still so much in accord with the President as to
unite with the other members of the reconstructed Cabinet in an emphatic
condemnation of the bill as unconstitutional, and to be asked by the
President to draft his veto message.