The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
In reviewing, at this distance of time, the foregoing scene, it is
scarcely possible to realize the state of mind of a member of a tribunal
claiming at least to be a court of justice, that could prompt such an
onslaught--so shocking to the universal expectation of dignity and
decorum, not to say absolute impartiality, in a judge.
The interpretation put upon the letter of Reverdy Johnson to his
constituents by Generals Harris and Hunter was the ordinary,
ill-considered, second-hand version circulated by blind party hostility.
This is clearly shown by the fact that the objection of General Harris was
not founded upon a recent perusal of the letter, but upon his own
recollection of the impression it made in his own party circles the year
before.
When, on the next Wednesday, General Harris, having in the meantime looked
it up, presented a copy of the incriminated opinion, prefacing a request
that it be made a part of the record by the sneering remark that "the
Honorable gentleman ought to be very thankful to me for having made an
occasion for him to disclaim before the country any obliquity of intention
in writing that letter;" and, on the suggestion of General Hunter, the
letter was read; every fair minded man ought to have been convinced that
it was open to such a malign misconstruction only by an unscrupulous
political enemy.
But suppose for a moment that their own hasty and uncharitable
construction was correct, what right--what color of justification--did
that give these two military Judges to make that letter of the year before
the pretext for a sudden attack in open court upon such a man as Reverdy
Johnson, and on the consecrated occasion of his appearing as counsel for a
lady on trial for her life?
As to General Harris' argument that the requirement of an oath gave the
Commission a right to inquire whether the written opinions of a counsel
chosen for a defendant, previously delivered as a party leader, were of
such a character as to render him incompetent to take an oath which the
Supreme Court of the United States and the Senate of the United States had
recognized his competency to take; why, it is charitable to suppose--and
his subsequent claim would have been scouted as preposterous in any
law-court in the world.
With regard to General Hunter, his ferocious personal defiance, hurled
from the very Bench, demonstrated in a flash his preeminent unfitness for
any function that is judicial even in a military sense. It is manifest
that this whole attack, whether concerted or not, was not made from any
conscientious regard for the sanctity of an oath, nor from any sensitive
fear that Reverdy Johnson, as an oath-breaker, might contaminate the
tribunal; but it was either a mere empty ebullition of party spleen, or of
party hatred towards a distinguished democrat, or it was made with a
deliberate design to rob a poor woman of any probable advantage such
eminent counsel might procure for her.