Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-09-13

1 SOD, recommending bnat Inc sentence
against Mrs. Surratt be commuted to i'm
| prisonment for life; and, according to nv
memory, the recommendation was made
because of her sex. lseE 500 .GsaE
do not feel az liberty to speak Of what
was said at cabinet meetings. In this I
know differ from other gentlemen, but
feel constrained to follow my own sense of
propriety. Most truly your friend,
JAMES SPEED.
This is followed by lengthy letter from
James Harlan, Secretary of the Interior u,l-
der President johnson, who remembers
distinctly the discussion Of the question of
the commu alton OF the senteLce of death
pronounced on her (Mrs. Surrstt1 by the
court to imprisonment for life, had BY mem
bers cfthe Cabinet In the presence of Presi-
dent Johnson" He says; 81
"WhenI entered the room one of these
was addressing the President in an earnest
conversation on the question whether tbs
sentence ought 10 be modified on account
of the sex Of the Condemned. | can recite
the precise thought if not The very words,
used by this eminent statesman, as they
were impressed on my mind with great
force at the time, a d have often thought
of them since, viz: Surely not, Mr.. Presi-
dent, for If the death penalty should be
commuted in so grave case as the assassi-
nation of the head CT great nation on &C.
count of the sex of the criminal, it would
amount to an invitation to assassns hereaf-
ter to employ women as their instruments,
under the belief that if arrested and con.
demned they would be punished less severe
ly than men. An act of executive clemen-
cy on such plea would be disapproved by
the government of every civilized nation on
earth.'" -Etka
'No part Of the record of the trial, the
decisi IN of the court, or the recommends
ton of the clemeDcy was at that time, or
ever at any time, read in my presence. l
am positive on this point, for / remember
with undoubting' distinctness inquiring a.
the time whether the Attorney General mad
examined the record of the trial, including
the testimony, for the purpose Of discovering
any possible mistakes, oversights, or errors
OF law governing the case, observing that
the time interve ing between the date of
the sentence and that fixed for the execu-
ton was very short, and If such errors
should be discoveTe afterwards, it would
cause the seVerest censure, on account Of
what would in such case be regarded as un-
p2rdonSble haste. was told that the whole
case had been carefully examined by the
Attorney General and the Secretary of War,
and the only question raised was whether
The punishment shall be reduced on account
OF the sex of the party condemned. do
not remember that any differences of opin-
ion were expressed on that point. The
question, however was never submitted
when was present to the cabinet for
formal vote"
Judge Holt gives next letter from Rev.
j. Geo. Butler, Pastor of St. Paul's Church,
which makes no mention Of the disputed
document, but details a conversation with
the President on the evening Of the execu-
ton. The Reverend gentleman says:
Concerning Mrs. Surrstt, the remarks of
the President, by reason o. their point and
force, impressed themselves especially upon
my memory. He said, in substance, that
very strong appeals had been made for the
exercise of the executive clemency; that he
had been importuned; that kilograms and
threats had been used; but he could not
be moved, for, In his own significant Ian
guage, Mrs. Surratb kept the nest that
Matched the egg The President further
stated that no plea had been urged in her
behalf, save the fact that she was a woman,
and his interpositicn upon that ground
would license female crime.
81 do net remember that Mr.. johnson
used the names of any individuals who had
sought his interpolation in behalf of Mrs.
Surratt."
Then comes a letter from James NJ.
Wright, Chief Clerk of the Bureau of Mill
tary Justice, who states that when the pro.
ceedings of the court were received, all the
shee.s, that on which the petition was writ
ten being last, were tied together with a
small ribbon. He handed them, thus tied
together, to Judge Holt for presentation to
the President, and they were in exactly the
same condition when returned to him
through the Adjutant Generals Office. Mr..
Wright mentions further: "The page on
which the signature of the President, TO-
gether with the greater part of his order of
approval, was writer, was confronted by
the next psge on which the recommenda-
ton to cl mency appeared, the leaves being
fastened together, as is usual, at the ends;
this brought these two p ges face to face"
An Incident mentioned by this clerk, more
curious than relevant To the question on
hand,is that these sheets were subsequently
so fumbled over by Stanton and others as to
come apart and require e. elets and patent
fastenings.
The testimony of the Chief Clerk is sub
stantiated by letter from Frank T. Howe,
a subordinate clerk.
The closing letter of the series is from
Gen. z. D. Mussey, dated Aug. 10, 1873.
1t will be remembered that Gen. Mussey
was at the time Private Secretary to the
President. We give the following extracts
from bis letter: ----
''On the Wednesday previous to the ex-
ecution (Which was Friday, July Z, 1869,
as l was sitting at lay desk in the morning,
Mr.. johnson said to me that he was going
to look over the findings of the court with
Judge Holt, and would be busy, and could
see no one. l replied, Very well, sir;
will see that you are not interrupted or
something to that effect, and CONT ued my
work. think it was two or three hours
after this that Mr.. johnson came out of the
room where he had been with you, aud
said TO me that the papers had been looked
over and decision reached. l asked what
it was. He told me- approval OF the find
ings and sentence of the court.
m very confident, though not absolutely
assured, that il was at this interview Mr..
johnson told me that the Court had recon-
mended Mrs. Surrstt to mercy on the
grou d Of her sex, (and aga, l belieVe).
But l am certain he did so inform me ab ut
that time; and that he said be thought the
grounds urged insufficient, and that he had
refused to interfere; that if she was guilty
at all, her sex did not make her any the
less guilty; that he, about the time of her
execution, justified it; that be told me that
there had not been women enough
hanged in this war; that he descanted
upon the illogicalness of woman's commit
ting treason aud then seeking to avoid its
penalty because she was a woman, am as
sure as am that l am now penning this
sentence to you.
"On Thursday there were many visitors,
and many letters, kilograms, etc. L informed
all who called what Mr.. Johnson's orders
were to me. These orders regarded as
peremptorily fOrbidding me to make any
appeal to him in any ones behalf. Father
Walter Cor Father Wiget, am not certain
whirh,) c4lle1, IS did the Misses Herold,
and, believe, Miss Surratt.
Il desire to say further that on the
morning Of Friday, you called at the Exec
utive Mansion and saw the President
recall also your speaking to me about
Miss Surra I, then in the house, and shall
Meyer lose the impression then made upOn