The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
The record with the death-warrant went direct to the Adjutant-General's
office that very Wednesday. Holt cannot remember whether he took it or
not, nor can the Adjutant-General remember when or how he received it. But
this is of no consequence. The order for the execution was drawn on that
day, the necessary copies made that day; it was promulgated on the morning
of Thursday the 6th, and on that day at _noon_, the warrant for her death,
within twenty-four hours, was read to the fainting woman in her cell. All
day long, on the 6th, the White House was besieged by her friends, her
priests and her daughter, to obtain a reprieve. The guardians of the
President had no time to hold Cabinet consultations over foregone dooms of
death. They were too busy intercepting verbal prayers for mercy, holding
shut the doors of the President's private room, sending away all
petitioners, for a few more hours' life, to the merciful Judge-Advocate,
making sure that there should be four pine coffins and four newly dug
graves, and that the Habeas Corpus should not leave one empty. Hold a
Cabinet meeting after the President had signed the bloody warrant, and
Stanton had once clutched it! Reopen the perilous question to hear Welles
and Dennison, and McCulloch and Seward, to say nothing of Harlan and Speed
And Stanton, discuss a petition addressed to the President who had already
denied it! "Five members of our court have been suborned by their feelings
to swerve from their duty. We run no more risks of soft-hearted gallantry
this time amid the members of the Cabinet. Let the funeral games begin."
The ex-Judge-Advocate insists that the signature to the death-warrant was
a matter of very little moment. The President could withdraw it at any
time. But would he have us believe that, after the President had
dispatched such a fatal missive to the officer whose sole duty, with
regard to it, consisted in the promulgation of an order for its execution
within twenty-four hours, such action was simply provisional and,
according to usage, still subject to rescission by a Cabinet vote?
Desperate, indeed, must be the necessities of a defence, which drive the
defendant on the forlorn hope of identifying a Cabinet meeting, voting as
a unit to deny a petition for clemency, "_before the death-warrant was
approved_," with a Cabinet discussion of the petition, _after_ the
death-warrant, fixing the execution on the next day but one, had been
signed by the President, (who is represented as urgent and eager at the
moment of his signature to exact in the shortest time the extremest
penalty); on the ground that the latter was held _before_ the theoretical
_animus revocandi_ of the Executive had become technically inoperative
with the last sigh of the condemned.
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