Judge Bingham is a most willing witness. He relates with great
circumstantiality that "after the Military Commission had tried and
sentenced the parties" he "prepared the form of the petition to the
President." He then gives the form thus prepared as he now recollects it
(in which there are two significant mistakes); he states that he wrote it
with his own hands, that General Ekin copied it, and the five signed the
copy; as if all this particularity had any relevance to the question at
issue, as if the point in dispute was the existence of the paper, and not
its suppression at a critical moment after it was written. He affects to
believe it necessary to state to his old colleague, that he "deemed it his
duty to call the attention of Secretary Stanton to the petition, and did
call his attention to it before the final action of the President;"--as if
it were among the possibilities, that the head of the War Department could
in any case have overlooked so important a paper, much less that the
imperious Chief of this very prosecution could have been kept in
ignorance, one hour, of what was done by his tools.
The Special Assistant, however, at last comes to the point:
"After the execution, the statement to which you refer was made that
President Johnson had not seen the petition for the commutation of the
death sentence upon Mrs. Surratt. I afterwards called at your office,
and, without notice to you of my purpose, asked for the record in the
case of the assassins. It was opened and shown me, and there was then
attached to it the petition, copied and signed as hereinbefore
stated."
Oh, what an artless pair of correspondents! The former Special Assistant
tells the former Judge-Advocate how he played the detective on him to his
friend's justification; "_without notice of my purpose_"!
"Soon thereafter I called upon Secretaries Stanton and Seward, and
asked if this petition had been presented to the President before the
death-sentence was by him approved, and was answered by each of those
gentlemen that the petition was presented to the President, and was
duly considered by him and his advisers, before the death-sentence
upon Mrs. Surratt was approved, and that the President and the Cabinet
upon such consideration were a unit in denying the prayer of the
petition; Mr. Stanton and Mr. Seward stating that they were present."
In weighing the credibility of this statement, so conclusive if true, two
considerations should be borne in mind.
1. That we have here, not the testimony of either Seward or Stanton, but
the testimony of a man who, if the paper was in fact suppressed, must have
been a participant in the foul deed. For no one will believe, for a
moment, that Joseph Holt would have dared to perpetrate, if he could, or
could have perpetrated, if he dared, so unspeakable a wickedness, without
the knowledge and cooeperation of his fiery leader in the conduct of the
trial.