The condemnation of the other prisoners was to him either a matter of no
doubt or was a minor affair. Three heads of the band of assassins stood
out in bloody prominence--Booth, John H. Surratt and Payne. The first had
been snatched from his clutches by a death too easy. Payne, with
hand-cuffs and fetters and chains and ball and hood, he might be
confident, could not evade his proper doom. Surratt, by the aid of some
inscrutable, malignant power, had contrived to baffle all the efforts of
his widespread and mighty machinery of military and detective police. But
he had the mother, the friend of Booth and the entertainer of Payne; and
she, the relentless Secretary with his accordant lackeys had sworn, should
not fail to suffer in default of the self-surrender of her son. She,
moreover, was to be made an example and a warning to the women of the
South, who, in the judgment of these three patterns of heroism, had
"unsexed" themselves by cherishing and cheering fathers, brothers,
husbands and sons on the tented field.
In the conclave which Stanton and his two co-adjutors held, either during
the recesses of the prolonged session of the first day, or most likely
during the night of the adjournment, it was resolved, that if the manly
reluctance of five soldiers to doom a woman to the scaffold could be
overcome in no other way, to employ as a last resort the "_suggestion_,"
that the Court formally condemn her to death, and then, as a compromise,
the soft-hearted five petition the President to commute--the three
plotters trusting to the chances of the future, with the petition in their
custody and the President under their dominion, to render ineffectual this
forced concession to what they scorned as a weak sentimentalism. This
suggestion of what was in truth a most extraordinary device--a petition to
the President to do what the Court could do itself--could not have
emanated from the merciful majority of the Court, which subsequently did
sign the fatal document. _They_, at least, were sincere, and, if let
alone, would have proceeded immediately to embody their own clemency in a
formal sentence, as they had done with O'Laughlin and Arnold, and as they
were about to do with Mudd. Had there been but one, or two, or three
dissentients, so that they were powerless in the face of two-thirds of the
Commission; or even had there been four--a number sufficient to block a
death-sentence but not sufficient to dictate the action of the Court,
then, indeed, recourse to the clemency of the Executive might have been a
natural proceeding. But a clear majority had no need to look elsewhere for
a power of commutation which they themselves possessed in full vigor, and
which, in all probability, after the first three death-penalties, they had
determined to apply in every one of the other cases. Neither could the
suggestion have been made by one of the minority, because none of them
signed the petition to the last. The four must have been steadfast and