The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-08-09
An nrreparabIe Error.

t Inere are probably not Thousand peo-
pie in the country of mature age and
sound judgment who do not regret that Mrs.
Surratt was executed. The commission
that convicted her and the President who
approved her sentence seem to be haunted
by the names of the dead woman, and are
protesting to each other with an earnestness
that betokens a feeling of selEreproach,
"Thou can'st not say 1 did it," The desire of
the respective parties TO wash their hands of
the affair is 50 strong, that the public must
conclude from their conflicting statements
that one of them does not tell the truth.
This is worse blunder than the other.
Though the execution will remain source of
lasting regret, it cannot justly be made mat
ter of personal reproach 10 any of the individ-
uals who were concerned in bringing it about.
1t is not true, as is insisted upon with an ad
vocates recklessness by young Surratts
counsel, that the evidence against this master
mind Of the conspiracy 'was not sufficient
to hang dog" To say so is to give loose
reins to partizan heat, like Bradley, or to per-
sonal pique, like Butler. The "spoliated" dia-
ry or the rejected exculpatory compact of the
assassins cannot have o feathers weight
against the clear and decisive testimony OF
Weichman and Lloyd. The records of crimi-
nal jurisprudence will not show many cases in
which all the facts elected point with more ia
tai certainty to the guilt of the accused
As far as human sagacity can penetrate
the darkness that surrounds in almost every
instance the perpetration of crime, Mrs. Sur
ratt was rightly found guilty as an accomplice
in the murder of Abraham Lincoln. Only,
as in all capital cases, there remains, in spite
OF the most conclusive evidence that can be
alduced, that hideous doubt. If there is on
| ly one chance in thousand for a. innocent
person to suffer the death penalty under the
humane laws which modern legislation has
enacted for the protection Of the accused. who
is willing to be subject to the terrible posi-
bfity of that thousandth chance? Who is
willing that any human being should run that
risk? To the guitless man who expistes on
the gallows anothcr's crime by an ignomini-
| Gus death, the broken neck is not less fatal
because his case has few parallels. 1t is no
objection to this view that the same doubt
exists in case of crimes visited with lighter
penalties. If man is only fined or impris-
oned some reparation may be made in this
world. He may enjoy the consolation OF a
good name restored and of reputation vim
| dcated; but broken neck is "past surgery
A human soul that has left its earthly tene-
ment will not come back to hear excuses and
expressions of regret. aa
But the mistake made in executing Mrs.
| Surratt is not one that can fairly be charged
upon any one individual, or upon any partic-
| ally enough, were in a frenzy of grief and
rage at the murder which deprived them of a
ruler who possessed the kindliest heart of any
public man of the century. They demanded
| blood, and the proper authorities did their
bidding, though in strict conformity with law
sion neglected to call the Presidents atten-
| tion to the recommendation to mercy which
was signed by several of their number, they
were guilty of no dereliction of duty, ii their
ideas of justice and of public interest led them
| to reconsider their former action. II the Pres
iuehl acIuauy saw Gne uocument, out, III thc
| exercise of sound discretion, concluded that
he could not adopt the suggestion there made,
| it was certainly competent for him to do so.-
The delicacy of the relation subsisting be-
tween the death of his predecessor and his
own accession to power would naturally lead
him to avoid anything like lenity toward the
persons to whom he owed his elevated posi-
| ton. Andrew johnson has crimes and fol-
| lies enough to answer for without being held
| responsible for an error of Judgment which
was shared so largely by the people of the
United States But either he or Judge Holt
| must answer for deliberate and useless false
hood-useless, because the truth is sure ulti-
mately to appear.