"with his own hand" he writes out the death warrant. As this includes the
approval of the sentences, the appointment of the day and hour of
execution, and the designation of the place of confinement of those
condemned to imprisonment, the bottom of the page is reached before he
completes his task. If he had turned up the page and continued his writing
on the obverse side from the bottom down, as all the foregoing had been
written, then the petition of mercy, unaddressed as it was, would have
been, if still attached, directly beneath the eye of the President as he
signed the death-warrant. But, as now appears from the record itself, the
careful Judge-Advocate did not turn up the page from the bottom. On the
contrary, reverting to the layman's way of writing papers, he whisks the
whole record over, and continues the writing of the death-warrant on the
back of the last half-sheet of the record _from the top to the bottom_--by
this change of method, either throwing the petition under the leaves of
the record, or, if disengaged, leaving it _upside down_.
When he has thus finished his draft he shoves it over to the President.
The President signs it with tremulous hand. The "confidential interview"
is at an end; and the Judge-Advocate, taking up the papers, hurries out
and over to the Department of War.
At this moment the petition disappears from view. We hear no more of it.
Thrust as a convenient succedaneum into the hands of the majority of the
Commission, ignored, suppressed or slurred over when before the President,
it had served its pitiful purpose. Neither the Adjutant-General nor any of
his clerks, appear to have noticed it, although the record must have been
copied more than once in his office. It seems to have sunk suddenly into
oblivion; its very existence became the subject of dispute. It was omitted
from the authorized published proceedings of the Commission. It was
omitted from the annual report of the Judge-Advocate. The disloyal paper
must have been laid alongside the suppressed "Diary," there to repose
unseen until the Impeachment of Johnson and the Trial of Surratt summoned
them together into the light of day.
* * * * *
On the morning of Thursday, the sixth day of July, the six days ominous
silence of the War-Department is broken. An order issues from the
Adjutant-General's office which, bearing date the day before and reciting
the findings and death-sentences of the Commission and the death-warrant
of the President, commands Major-General Hancock to see execution done, on
the seventh, between the hours of ten and two.