The Judicial Murder of Mary E. Surratt — John Stuart Mill — John Shaqi
The Judicial Murder of Mary E. Surratt
John Stuart Mill · en
uncompromising for blood. The whole scheme proceeded from a quarter
outside the Court--a quarter which, on the one hand, was possessed by an
overmastering revengeful passion, such as was required to point the five
officers to a seeming source of mercy to which they might appeal and thus
avoid the exercise of their own prerogative in antagonism to their four
brethren, and, on the other hand, harbored some secret knowledge or malign
intent that the petition would or should be, in fact, an empty form; from
a quarter, in short, where the desire for the condemnation to death of
Mrs. Surratt was all-controlling and where the condition of the President
was well known. They, who suggested the death-sentence and the petition as
a substitute for the milder penalty, were surely all on the side of death,
and hoped, if they did not believe, that the prayer of the petition would
be of no avail; else they would not have adopted such a circuitous method
to do what the five officers could immediately have accomplished
themselves. In one word, the contrivers of the device of petition were not
those who desired to save the bare life of the convicted she-conspirator,
but were those who would be satisfied with nothing less than her death on
the scaffold. The suggestion was wholly sinister and malevolent. On the
other hand, the majority of the Court did really desire that her
punishment should not exceed that of Arnold, O'Laughlin and Mudd, and
they certainly would never have had recourse to a petition to the
President, had they not been cheated into believing that that method of
proceeding was likely to effectuate what they had full power to do. Never
would these five soldiers, or any two of them, have given their voices for
the death of this woman, had they dreamed for a moment that their signing
of the petition was, and was meant to be, but a farce. They would not have
played such a ghastly trick under the shadow of the gibbet.
Accordingly, when the Commission reassembled, either after recess or
adjournment, the reinvigorated counsellors immediately unfolded their
plan. We can almost hear their voices, in that upper room of the Old
Penitentiary, as they alternately urge on the Court. Holt, making a merit
of yielding in the cases of Spangler, of O'Laughlin, of Arnold and of
Mudd, denounces the universal disloyalty of the women of the South, and
pleads the necessity of an example.
Bingham, holding up both mother and son as equally deep-dyed in blood with
Booth and Payne, both insinuates and threatens at the same time, that, if
"_tenderness_," forsooth, is to be shown because of the age and sex of
such a she-assassin, then, for the sake of the blood of their murdered
Commander-in-Chief, do not his own soldiers show it, but let his successor
take the fearful responsibility.