From the sixteenth to the twenty-seventh of June the time was consumed by
the summing up of the several counsel for the prisoners on the facts
disclosed by the evidence; and on the last mentioned day and the
succeeding one, Special Judge-Advocate Bingham delivered his address in
answer to all the foregoing pleas, both as to the jurisdiction of the
Court and also as to the merits of the case.
This long, carefully prepared and yet impassioned speech may be fairly
considered as embodying the very proof-charge of the prosecution. Indeed,
under the rules of military procedure, it occupies the place and performs
the functions of the judge's charge in the common-law courts. As such, it
deserves a closer analysis and a more extended examination than can be
given to it here. The briefest and most cursory review, however, will
suffice to show its tone and temper.
After a solemn asseveration of his desire to be just to the accused, and a
warning to the Court that "a wrongful and illegal conviction or a wrongful
and illegal acquittal * * * would impair somewhat the security of every
man's life and shake the stability of the Republic," the learned advocate
specifically declares, that the charge "is not simply the crime of
murdering a human being" but a "combination of atrocities," committed as
charged upon the record, "in pursuance of a treasonable conspiracy entered
into by the accused with one John Wilkes Booth, and John H. Surratt, upon
the instigation of Jefferson Davis, Jacob Thompson, George N. Sanders and
others, with intent thereby to aid the existing rebellion and subvert the
constitution and laws of the United States."
A denunciation of the Rebellion as "itself simply a criminal conspiracy
and a gigantic assassination"; the following glowing period--"Now that
their battalions of treason are broken and flying before the victorious
legions of the republic, the chief traitors in this great crime against
your government secretly conspire with their hired confederates to achieve
by assassination what they in vain attempt by wager of battle";--and the
unequivocal announcement that "it is for this secret conspiracy in the
interest of the rebellion, formed at the instigation of the chief in that
rebellion, and in pursuance of which the acts charged and specified are
alleged to have been done, and with the intent laid, that the accused are
upon trial": finish the exordium.
The speaker then tackles the question of jurisdiction, which, he remarks
by the way, "as the Court has already overruled the plea," he would pass
over in silence, "but for the fact that a grave and elaborate argument
has been made by the counsel for the accused, not only to show want of
jurisdiction, but to arraign the President of the United States before the
country and the world as a usurper of power over the lives and the
liberties of the prisoners."