When this impossibility was pointed out by Andrew Johnson, General Holt,
in his "refutation," with great show of indignation, denounces such an
argument as "intensely disingenuous." While conceding at once that from
the adjournment of the Commission to the 5th of July, the President "had
been sick in bed, and had, of course, had no opportunity of conferring
with any members of his Cabinet;" he proceeds to show what his idea of
intense ingenuousness is, by claiming that what "Messrs. Seward and
Stanton" (of Bingham's letter) "clearly meant was, that before the
President had _finally_ and _definitely_ approved the sentences in
question," the recommendation to mercy "had been considered by him and his
advisers in Cabinet meeting;" and therefore such a meeting might have been
held _after_ the signature to the death-warrant, say on Wednesday
afternoon (5th), or on Thursday, the 6th. And he, now, once again, as in
the days of the Surratt trial, abandons all idea of a "full" or regular
Cabinet meeting, and endeavors, with the most transparent sophistry, to
identify the informal discussion of Judge Harlan's letter with the Cabinet
Council of Judge Bingham. But alas! for the ingenuous General!
Circumstances are too strong for him. For there is no more room for a
Cabinet meeting, formal or informal, to do what Judge Bingham's informants
are said to relate--_i. e._ consider, and then vote upon the
petition--_after_ the confidential interview than _before_.
It is agreed on all hands that the President approved of the
death-sentence on Wednesday, at the confidential interview between Holt
and himself, and, at that very time, and by the same warrant, appointed
Friday the 7th, for the executions. The whole matter was begun and ended
in an hour.
There was neither opportunity, nor, if there had been, use, to hold a
Cabinet consultation upon the question of commutation after that.
The President had reviewed the record, and, without consultation with any
human being but Holt, put his name to the death-warrant. Why consult his
confidential advisers after he had decided the whole matter? Holt himself
says that, at this private interview, it was not he, but Andrew Johnson,
who had fully made up his mind that Mrs. Surratt must be put to death;
that the President needed no urging or advice on that subject; that he
inveighed against the women of the South with a ferocity which reminds us
of the loyal Bingham himself. Holt says that the President himself,
without a suggestion from him, was "prompt and decided" "as to _when_ the
execution should take place," "and in the same spirit too, in which he
subsequently suspended the writ of Habeas Corpus, he fixed the Friday
following." Why call in his "advisers" after he had, with the approval of
his judgment and his conscience, put his hand to the work of blood!
Besides, if he needed such a supererogatory endorsement of his "advisers,"
there was no time to get it.