The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
The natural construction of Bingham's letter would lead us to believe that
the Cabinet meeting, which the two Secretaries are said to have described,
was a regular consultation between "the President and his advisers," held
_before_ the "confidential interview" at which the President "approved the
death-sentence;" and that the entire Cabinet voted on the question raised
by the petition, because it was "a unit in denying the prayer." This is
but another version of the "full Cabinet" of Judge Pierrepont's first
statement, and forcibly suggests that the two have an identical origin--at
first withdrawn under compulsion while Seward lived, at last brought
forward again after his death.
And every one, on such construction, would expect to hear the voices of
McCulloch, Welles and Dennison, still living in 1873, and accessible to
the ex-Judge-Advocate.
He states in his "Refutation," that he "had satisfactory reasons for
believing that they were not there;" but he could not have gathered those
reasons from Judge Bingham or his letter, which really is only consistent
with the presence of some, if not all, of the three; and it is naturally
to be inferred he got them from the ex-members themselves in letters
repudiating all knowledge of the petition;--letters he takes care not to
publish.
Again: the Cabinet meeting described in Judge Bingham's letter cannot be
made to square with the meeting described in the letter of Judge Harlan.
The former was a regular Cabinet meeting, the latter was an informal
discussion by a few members of the Cabinet. At the one, the petition was
"duly considered," at the other, neither record nor petition was present.
At the one, "a formal vote" was taken upon the "question as to Mrs.
Surratt's case;" at the latter, her case "was never submitted to a formal
vote."
But--not to dwell further on dispensable points--it is enough to say that
_any_ Cabinet meeting whatever, for the consideration of the petition,
held _before_ the President's approval of the death-sentence, is, on the
admitted facts of the case, an impossibility.
Indeed Holt himself, when driven to the question, does not claim that
there was. The record was in the custody of the Judge-Advocate from the
30th of June until that officer carried it to the President on the 5th of
July, and during that interval the President was sick-a-bed. It was
General Holt, as he himself states, who first "drew his attention to the
recommendation," and "the President then and there read it in my (his)
presence." And this was at the confidential interview on Wednesday, July
5th. There could have been no meeting of the President and his Cabinet at
which the record and petition were present and discussed, "before the
approval of the death-sentence;" which confessedly was done at the
confidential interview.