Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1873-09-25

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Johnson2
From the Union and American.
Of the petition for commuta
tion of Mrs. Snrratt's sentence
signed by a majority of the mill
tary commission which tried her
by five of its nine members-wt
give an exact copy:
The undersigned, members of
the military commission detailed
to try Mary E. Surratt and 9th
ers for the conspiracy and fol
the murder of Abraham Lincoln
late President of the United States
ETC., respectfully pray the presi
dent, in consideration Of the se1
and age of the said Mary E. Sur
ratt, if he can, upon all facts il
the case, find it consistent witt
his sense of duty to the country
to commute the sentence of death
which the court have been con
strained to pronounce, to impris'
onment for life.
Respectfully submitted,
d. HUNTER, '
Major General, President.
AUGUST V. KAUTZ. as1r.
Brigadier and Breyet General.
r. S. FOSTER, hrr
Brigadier and Brewer General.
JAMES A, EKIN,
Brevet and BrigadIer General,
Qpartermaster Generals Office
CHAS. A. ToMPKINS,
Brevet Colonel and Assistant
Quartermaster.
In a letter to the Washington
Chronicle under date of Aug, 25,
1878, Joseph Holt, who was Judge
Advocate General at the assassi-
nation trial, complains that he is
accused of withholding the above
petition for mercy from President
Johnson, when III the line of duty
he laid before the latter the pro-
ceedings and findings of the Mill
tary Commission. To- disprove
this accusation he submits a series
of statements from various promi-
nent persons, the whole prefaced
by a letter to Secretary of War
BelknSp summing UP his, 4 4Holfs)
conclusions based on the various
statements. The strongest point
in this summary is a statement by
Mr.. Holt that the petition had
been read by all pine members
of the Commission as well as two
special Judge Advocates, one of
whom, Judge Bingham, was the
party thas drafted it. He also
states that it was Immediately
made known to Secretary Stanton.
SO that no less. than twelve gov
arnment officials were already cog.
infant of it's existence, and any
attempted concealment Of it from
the President, says Mr., Holt,
"would have argued a stupidity
on my part verging on idiocy-as-
sured as must have been that i'm
mediate exposure, punishment
and dishonor would follow the
perfdsous act!p lie further afirms
positively: "When presenting the
record to President johnson, ]
drew his attention to the recon-
mendation and he READ it in my
presence"
But to the correspondence on
which the Judge Advocate relies
to fortify his position; /; and tits on
ly proper to state that all these
are elected by his own inquiries.
First we have a letter dated Feb.
IL, 1873, from Jno. A. Bingham,
who acted as special Judge Advo-
cate on the trial Of Mrs. Surratt.
He states that he called Secretary
Stanton'S attention to the p tition
before the President approved the
sentence. After the execution,
owing to the rumors then life, be
called on both Secretaries Seward
aud Stanton and was assured by
them that it had been duly con.
sidered by him and his constitu-
tional advisers, and that the pres
ident and cabinet were a unit I'M
denying the prayer of the petition;
Mr.. Stanton and Mr.. Seward
stating that they were present"
Judge Bingham further states
that Stanton refused him liberty to
make this disclosure at the time,
and Judge Holt in a foot note
seems to ascribe his own long 81,
lence to this injunction of Secrecy
by Stanton.
Next comes a letter of James
Speed Attorney General in Presi-
dent Johnson's Cabinet at the
time, which being brief we give in
full: