But murder, also, in the case of the Major-General whose sword gave the
signal for the drop to fall. General and soldiers are in the precise
position, before the law, of a mob of Lynchers carrying out the judgment
of a Lynch court.
Murder, not only in the case of the one military officer who superintended
the details of the execution. He, too, though with much less force, can
plead that he was the mere bailiff of what he believed to be a competent
Court.
But murder, also, on the part of the nine military officers and the three
advocates who tried and sentenced this woman to death. These men, in the
forum of the law, stand in the precise position of any nine policemen
steered by any three police attorneys in the city of New York, who should
dare to try, convict and sentence to death a citizen of that city.
Murder, not only on the part of the Commission and its lawyers; they too
might, possibly, plead--though with still diminishing force--that,
although they were warned and took the awful responsibility, still they
believed in their competency.
But murder, also, in the President of the United States, who appointed the
court, approved its findings, and commanded the execution of its sentence.
He stands before the law in the same position as though, sweeping aside
all empty forms, he had seized a sword and with his own hand cut off the
head of the woman, without the mockery of a trial. In our frame of
government, there is surely no room for such a twi-formed
barbarian-despot, as a President having the power to pick out from the
army, of which he is the commander-in-chief, the members of a court to try
and punish with death, at his option, any one of the citizens, for an
abortive attempt on his own life.
And it was murder, not only in the case of the President; he, too, but
with scarcely audible voice, might plead the coercion of his
situation--sitting as he did in the seat of the murdered Lincoln.
But it was murder, also, in the Secretary of War, who initiated the
iniquitous process, pushed on the relentless prosecution, shut his own
ears and the ears of the President to all pleas for mercy, presided like a
Moloch over the scaffold, and kept the key of the charnel-house, where,
beside the unpitied carcasses of the reputed ruffians forced upon her in
her ordeal of torture and in the hour of death, the slaughtered lady lay
mouldering in her shroud. Here, at least, the plea of mitigation exhales
in a cry like that of Payne, "I was mad!"