The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
In short, the statements of the two disputants are not contradictory. Both
may be true. And, when we recollect the feeble state of health of the
President at the time of the "confidential interview" and his mood of mind
towards the distasteful task forced upon him in a season of nervous
debility; when we recollect the mode and manner the Judge-Advocate adopted
of writing out the death warrant; it will seem extremely probable that
both statements _are_ true. The President made no "careful scrutiny" of
the record in 1865, or he would not have needed to do so in 1867. The
Judge-Advocate, inspired by his master, would not be too officious in
pointing out to the listless and uninquiring Executive the superfluous
little paper. He might do his whole duty, by conversing on the subject of
the commutation of the sentence of the one woman condemned, and, then, by
so placing the roll of papers for the President's signature to the death
warrant as to bring the modest "suggestion" of the five officers "_right
before his eyes_," though upside down. If the sick President did not
carefully scrutinize the papers, was that the Judge-Advocate's fault? Nay,
in writing out the death warrant in the inspired way he did, this zealous
patriot may have felt even a pious glow, in thus lending himself as an
instrument to ward off a frustration of Divine justice. Alas! one may
easily lose one's self in endeavoring to trace out the abnormal vagaries
of the "truly loyal" mind, at that period of hysterical patriotism.
* * * * *
After these incidents on the Surratt trial, and at the White House, there
could be no more mystery about the recommendation to mercy. It was
historically certain that such a document, or rather a "suggestion," did
in fact emanate from the Commission, and was at some time affixed to the
record. Left out of Pitman's official compilation, nevertheless it was
there. The only question about it which could any longer agitate the
people was, had it been suppressed? And this, unfortunately, was now
narrowed down to a mere question of veracity between the President and his
subordinate officer, as to what occurred at the Confidential Interview;
and which, moreover, threatened to resolve itself into a maze of special
pleading about the lack of attention, on the part of the Executive, and
the duty of thorough explanation, on the part of the Judge-Advocate, in
the delicate task of approving the judgment of a Military Commission.