Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-09-13
mrs. SURRATT. |
The Petition of the Military Court
for a Communication of Her
ga Sentence.


Did Judge AdvOcate-GeneraI HOIt
withhold it From President John.
SON?
To the Union and American:
NASHVILLE, TENN, Sept. 10, 1873
OF the many cruel and unnatural crimes
connected with our recent civil war, moth
ing reflects more seriously upon the Amer
lean Government than the execution Of Mrs.
Surratt. / am gratifed to see that all par
ties connected with the transaction are
forced to acknowledge its infamy and the
necessity OF shifting the responsibility.
Even the cruel and remorseless Judge Ad-
vocste is lot ipsensible TO the stern de-
mands Of history, and is out In q card To-
eating the responsibility upon the then
President, Mr. johnson. l have not seen
the card. l take NO other paper hut the
UNION AND AMERICAN. As q friend to
justice, ], in common With many of your
readers, am anxious to see it. l have
heard the excuse of the then President,
that the recommendation to executive
clemency by the court, was distracted from
the papers, amt, therefore, never REACHED
him. l am now anxious to hear the other
side. ! notice rom your issue of few
Importance of this subject, and copy from
correspondent of the New York Tribune
over the sigma ure of sETruth." But how is
that part Of an impartial public, who are de-
pendent alone upon your columns for infor-
nation, to judge Of the truth, without you
will publish both sides of the question? /
respectfully insist, Therefore, that we have
right to ask of you the publication Of the
card Of the Judge Advocate, as any other
current item of history, from which poster
ity are to make up their judgment as to the
guilt or innocence Of parties connected with
this great crime. You need not fear that
the great public will nisjudee the criminals.
The American people are jealous Of the fair
fame of their public men. No massive
stone walls, nor tread Of prison guards, nor
clanking chains are in the way of q just YER
dict. Give US az untrsmmeled public press,
and truth will yet prove emnipotent and
public justice certain. FAIR PLAY.
In response to the above we are at some
pains to reproduce the substan e of the vol
luminous correspondence called for. 1t is
q curious fact that, out Of our numerous ex-
change list, we fnd it in only one paper,
and not full even in that one. The great
dailies of New York and other leading
cities have generally ignored its existence,
90 far IS our observation extends. Its
great length, covering eight columns, pre-
vents our giving it as full as we find it, but
stripped of verbiage ard repetition the sub
stance is as follows:
OF the petition for Communication Of
Mrs. Surrat's sentence, signed by MAORI
ty of the military commission which tried
her-by five offs nine members-We give
an exact copy:
The undersigned, members of the military
commission detailed TO try Mary E. Surratt and
others for the conspiracy and the murder of
Abraham Lincoln, late President Of the United
States, etc, respectfully pray the president, in
Mary E. SuTratt, if be can, upon all the facts in
the case, find it consistent with his sense of duty
to the country, TO commute the sentence Of
death, which the court have been constrained
to pronounce, to IMPRISONMENT for life.
Respectfully submitted,
ID. HUNTER,
Major General, President,
AUGUST V. kAUTZ,
Brigadier and Brevet General.
r. $. FOSTER,
Brigadier and Brewer General.
JAMES A. EKIN,
Brevet and Brigadier General Quartermaster
CHAs. A. ToMPKISs.
Brevet Colonel and Assistant Quartermaster.
Ina letter to the Washington Chronicle
under date of Aug %, 1873, Joseph Holt,
who was Judge Advocate General at the as
sasslnstion trials, complains that he is accused
of Withholding the above petition for mercy
from President johnson, when in the line
of duty be laid before the latter the pro-
ceedings and findings Of the Military Com
mission. To dispreve this accusation he
sub nits series of statements from various
prominent persons, the whole prefaced by a
letter to Secretary of War BekEap sum
ming up his (Holt's) 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 ail nine
members Of the Commission as well as two
special Judge Advocates, one of whom,
Judge Binghsm, was the party that drafted
it. he also states that it was Immediately
made known to Secretary Stanton, so that
no less than twelve government officials
were already cognizant of its existence, and
any attem pied conceAlment of it from the
President, says Mr.. Holt, "wou!d have ar
gued a stupidity on my part Verging on i'd
iocy-assured as l must have been that i'm
mediate exposure, punishment and dishon.
or would follow the psrfdious act" He
further sffirms positively: "Wh-D presenting
the record to President johnson, drew his
attention TO the recommendation and he
read t in my presence"
But to the correspondence on Wh:c5 tue
Judge Advocate relies to forlifg his position;
and 1t is only proper to state that all these
letters are elected by his own inquiries.
First We have letter dated Feb. IL, 1878,
from Jno. A. Bingham, who acted as spec
ial Judge Advocate on the trial OF Mrs. Sur
raft. He states thst be called Secretary
Stsnton's attention to The petition before tbs
President approved the sentence. After
the execution, owing 10 the rumors then
rife, he called on both Secretaries Seward
and Stanton and was assured by them that
1t had been duly considered by him and his
constitutional advisers, and that ''the Pres
ident and cabinet were q unite in denying
the prayer of the petition; Mr.. Stanton and
Mr.. Seward stating that they we're present"
Judge Bingham farther states that Stanton
refused him liberty to make this disclosure
St the time, and Judge Holt in foot note
seems TO ascribe his own long silence TO this
Injunction of secrecy by Stanton.
Next comes lett T of James Speed, At
torney General in President Johnson's Cab
met at the time, which being brief we give
in full:
LOUISVILLE, March 80, 1s7S.-My Desr
General: Your note of the 2Ssh lie just to
hand. After the finding Of the military
commission that tried the assassins OF MIR.
Lincoln, and before their execution, saw
o. Tho in tha Prneid1nt's of.