Had Mary E. Surratt the right guaranteed by the Constitution to a trial
singly and alone, in a regularly constituted civil court, and by a jury of
the vicinage, the individuals of which she might select by challenge, both
for cause, in all cases, and without cause to a certain number, before she
could be legally convicted of any crime whatever, or be lawfully punished
by the most trivial loss of property or the minutest injury to limb, to
say nothing of the brutal crushing out of her life? That's the unevadable
question which the ages put and will continue to put. And upon its
precisely truthful answer, depend the character and color of the acts of
every person who had lot or part in the execution of this woman.
* * * * *
On the 21st day of October, 1864--while the war was still raging--Lambdin
P. Milligan, a citizen of the United States and a resident of Indiana, was
arraigned before a Military Commission convened by the commanding General
of that Military District, at Indianapolis, on the following charges
preferred against him by Henry L. Burnett, Judge-Advocate of the
Department of the West:
1. Conspiracy against the Government of the United States.
2. Affording aid and comfort to the rebels.
3. Inciting insurrection.
4. Disloyal practices.
5. Violation of the laws of war.
There were also specifications, the substance of which was that Milligan
had joined and aided a secret society, known as the Order of American
Knights or Sons of Liberty, for the purpose of overthrowing the Government
and authorities of the United States; had communicated with the enemy;
conspired to seize munitions of war in the arsenals, and to liberate
prisoners; resisted and encouraged resistance to the draft: at or near
Indianapolis, in Indiana, "a State within the military lines of the Army
of the United States, and the theatre of military operations, and which
had been and was constantly threatened to be invaded by the enemy."
On these charges and specifications, Milligan was subjected to a lengthy
trial by this Military Commission which finally found him guilty on all
the charges and sentenced him to be hanged. The record was approved by the
Commanding General, and then transmitted to President Lincoln, who held it
long under advisement, and was so holding it when he was killed. His
successor, at about the same time that he summoned the Commission to try
Mrs. Surratt, at length approved the findings and ordered the sentence to
be executed on Friday, the 19th day of May, 1865.