Even such a fragmentary review, as the foregoing, of the public history of
the two years succeeding the execution--which any reader may complete, as
well as test, for himself by referring to the Congressional Globe of that
period, to the printed reports of the Committee, and to the leading
newspapers of the day--is sufficient to indicate how the general tendency
of events, and every event in its place, appear to have conspired to the
accomplishment of one result,--the setting aside, in the public mind, of
the verdict of the Military Commission in the case of Mrs. Surratt.
This was not done by a direct assault upon that tribunal, or upon its mode
of procedure; not even upon the character of the witnesses against the
particular culprit, nor upon the weakness of the case made against her.
These points of attack were all passed by, and the verdict was taken on
the flank.
The condemnation of the woman was subverted by the _wind_, so to speak, of
passing events.
The irrepressible conflict between the President and the Congress; the
consequent schism in the very ranks of the triumphant conquerors; the
insane charge against Andrew Johnson of complicity in a conspiracy against
his own life, supported by the incredible statements of the very witnesses
who were responsible for the charge of complicity against Jefferson Davis
and others; the final and complete exposure of the fiction of a conspiracy
to assassinate, either by the Confederate authorities, or anybody else;
and the true, historical character of the Assassination of Abraham
Lincoln;--all combined to shake the edifice of guilt, which the Bureau of
Military Justice had so carefully built up around their helpless victim,
upon such an aerial foundation. Whilst the gradual abatement of that
furious uncharitableness, which in the hey-day of the war could find
nothing not damnable in the Southern people, and no secessionist who was
not morally capable either of murder or of perjury in its defense or
concealment, was, surely but imperceptibly, clearing up the general
atmosphere of public opinion, and thus preparing for the cordial reception
of such a measure of retributive justice, as Time, with his sure revenges,
was daily disclosing to be more and more inevitable.
The Milligan decision dissipated the technical jurisdiction of the
Commission. But lawyers could still distinguish, and the hyperloyal could
still maintain the essential rightfulness of the verdict.
But the explosion of the great assassination conspiracy; the nol-pros. of
the awful charge against Jefferson Davis, Clement C. Clay, Jacob Thompson,
and their followers--a crime, which, if capable of proof, no government on
earth would have dared to condone--discredited forever the judgment of the
Military Commission, reopened wide all questions of testimony, of
character, of guilt or innocence, and summoned the silent and dishonored
dead to a new and benignant trial.
CHAPTER II.
REVERSAL UPON THE MERITS.