The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
We, civilians, must ever humbly bear in mind that the rule of the common
law, that every person accused of crime is presumed to be innocent until
his guilt is established beyond a reasonable doubt--a rule the benignity
of which is often sneered at by soldiers as giving occasion for lawyers'
tricks and quibbles, and as an impediment to swift justice, is reversed in
military courts, where every person accused of crime is presumed to be
_guilty_ until he himself prove his innocence.
After the prisoners had been seated, and the members of the Commission,
the Judge-Advocates and the official reporters sworn in, the accused were
severally arraigned. There was but one Charge against the whole eight.
Carefully formulated by the three Judge-Advocates upon the lines of the
theory adopted by the Secretary of War, and which Gen. Baker and the
Bureau of Military Justice had been moving heaven and earth to establish,
it was so contrived as to allege a crime of such unprecedented,
far-reaching and profound heinousness as to be an adequate cause of such
an unprecedented and profound calamity.
The eight prisoners were jointly and severally charged with nothing less
than having, in aid of the Rebellion, "_traitorously_" conspired,
"together with one John H. Surratt, John Wilkes Booth, Jefferson Davis,
George N. Sanders, Beverley Tucker, Jacob Thompson, William C. Cleary,
Clement C. Clay, George Harper, George Young and others unknown, to kill
and murder" "Abraham Lincoln, late President of the United States and
Commander-in-Chief of the Army and Navy thereof, Andrew Johnson, then
Vice-President, Wm. H. Seward, Secretary of State, and Ulysses S. Grant,
Lieutenant-General;" and of having, in pursuance of such "traitorous
conspiracy," "together with John Wilkes Booth and John H. Surratt"
"traitorously" murdered Abraham Lincoln, "traitorously" assaulted with
intent to kill, William H. Seward, and lain in wait "traitorously" to
murder Andrew Johnson and Ulysses S. Grant.
On this elastic comprehensive Charge, in which treason and murder are
vaguely commingled, every one of the men, and Mary E. Surratt, were
arraigned, plead not guilty, and were put upon trial. There is no doubt,
by the way, that the Secretary of War would have been included as one of
the contemplated victims, had not Edwin M. Stanton borne so prominent a
part in the prosecution; and it was for this reason, and not because of
any change in the evidence, that General Grant stood alone, as the mark
of O'Laughlin.
To this single Charge there was, also, but a single Specification. This
document alleged that the design of all these traitorous conspirators was,
to deprive the Army and Navy of their Commander-in-Chief and the armies of
their Commander; to prevent a lawful election of President and
Vice-President; and by such means to aid and comfort the Rebellion and
overthrow the Constitution and laws.