Weigh the extenuating circumstances in whatever scale you may; extend as
much mercy as possible to those who showed no mercy in their day of
power--still, the offense of every one and all, who had hand, part or lot
in this work of death, contains every element which, under the most
rigorous definition of the law, makes up the Crime of Murder. The killing
was there. The unlawful killing was there. The premeditated design to
effect death was there. The belief of the perpetrators, that they had a
right to kill, or that they were commanded to kill by an overruling power,
before a court of law avails not a whit. Ignorance of the constitution as
well as the law excuses no man, be he civilian or soldier, President or
assassin, War-Minister or Payne.
Murder it essentially was, and as such it should be denounced to the
present and future generations.
Garrett Davis told no more than the exact truth when he declared in his
place in the Senate of the United States:
"There is no power in the United States, in time of war or peace, that
can legitimately and constitutionally try a civilian who is not in the
naval or military service of the United States, or in the militia of a
State in the actual service of the United States, by a court-martial
or by a military commission. It is a usurpation, and a flagitious
usurpation of power for any military court to try a civilian, and if
any military court tries a civilian and sentences him to death and he
is executed under the sentence, the whole court are nothing but
murderers, and they may be indicted in the State courts where such
military murders are perpetrated; and if the laws were enforced firmly
and impartially every member of such a court would be convicted,
sentenced and punished as a murderer."
Although the actual guilt of any of the victims constitutes no legal
defense to this fearful charge, yet as the unquestioning obedience which
the soldier yields, as a matter of course, to the commands of his superior
officer must alleviate, if it do not wipe away, the guilt of the members
of the Commission, in the forum of morals; so the ascertainment that the
sufferers on the scaffold and in prison, in fact, deserved their doom,
cannot but blunt the edge of our condemnation of the iniquity of the
trial, as well as weaken our pity for the condemned and our sense of shame
over the tyrannous acts of the government.
A word or two, therefore, will be appropriate in respect to the
sufficiency of the testimony to establish the guilt of the accused.