The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-11-12
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What Ex.Presldent johnson has to
say about tho Execution OF Mrs.
Surralt. -, -

What Ex.PresIdent johnson has Il
say about the Execution OF Mrs
Surrait. II $50. f.l.sr.- ~.
| WASHINGTON, Nov. 11.-Ex.P Presiden
johnson has addressed q communication
to the Washington G}roniclS in reply L
that Of Judge bolt published in the same
paper In August last on the subject Of the
execution Of Mrs. Surratt as one ol the
assasains OF President Lincoln. After re.
viewing the evidence adduced by Judge
Holt, johnson says: 1'sg 4t II u#-i
"In his search, for testimony Holt sue.
ceeded. in the discovery Of only one wit
meas who sand he saw the record Of the
case with the petition attached in the
Presidents office. This witness is Hon.
James Speed, then Attorney General,
who Is undoubtedly mistaken In his state
ment for as already shown the findings
and sentences OF the Court were submitted
on the 9th Of July. He and ! being alone
were then and there approved by the ex-
ecutive and taken by the Judge Advocate
General to the War Department, where
on the same afternoon the order to carry
them into effect was issued. Mr.. Speed
doubtless saw the record, but 1t must have
been in the Department Of War and not
In the Executive office. The record
OF the court was submitted 10 me by
Judge Holt on the afternoon Of the 9th
day Of July, 1865. Instead Of entering
the Executive mansion in the usual way
he gained admission by the private or
family entrance to the Executive Office.
The examination OF the papers took place
In the library, and he and alone were
present. The sentences of the court In
the cases Of Harold, AtZerath and Payne
were considered In the order named, and
then the sentence In the case Of Mrs. Sur
raft. In acting upon her case no recon-
mendation Tor . commutation Of her pun
ishment was mentioned or submitted to
me, but the question OF her sex, which
had already been adyerted to and dis
cussed by the newspaper columns, pre-
sented itself and was commented upon
both by Judge Holt and myself with
peculiar force and solemnity. BE urged
that the fact that the criminal was wo-
man was In itself no excuse or palliation;
that when woman unsexed herself and
entered the arena Of crime 1t was rather
an aggruvation than mitigation Of the
offence; that the law was not made
TO punish men exclusively, but all
without regard to sex who violated It's
provisions, and that to discriminate In
favor Of Mrs. Surratt and against Harold
Atzerot, and,Payne, who were sentenced
by the same Court, and at the same time
to suffer the penalty Of death, would be
10 offer premium to the female sex to
engage in crime, and bribe the principal
actors In Its commission, and that
since the rebellion began in some
portions OF the country females had
been prominent in aiding and abet.
ting traitors, and he thought the time had
come when 1t was absolutely necessary, In
case 30 clearly and conclusively estab.
lished, to set an example which would
have Q sslutary influence. He was not
only In favor Of the approval Of the sen.
tence, but Its execution at the earliest
practical day. Upon the termination
Of our consultation, Judge Holt wrote
the order approving the sentence Of the
court. I affixed my name to it, and roll.
ing up the papers, he took his leave, carry
ing the record with him, departing as he
had come, through the family or private
entrance. From the above statement
1t will be noted that the papers
were not submitted in the usual
way, by the, Secretary Of War, but
brought to the President by the Judge
Advocate General under, Of course, the
instructions Of MIR. Stanton. This doubt
less was done to save time and hasten the
execution, and evinces the spirit which
animated Judge Holt during the entire
proceedings. Who can doubt that II his
name and that Of Judge Bingham had
been attached to the petition signed by
five members Of the court, and prayer had
been brought TO the attention OF the Pres.
ident. Such an application would have
been duly weighed by the executive be-
fore the final action In the premises. MIR.
johnson says In the conclusion It being
absolutely certain that If the petition was
attached 10 the original record before Il
was submitted to the President 1t is not
to be found In the printed record
authorized by Judge Holt and certified 10
by Col. Burnett, special Judge Advocate
Of the Commission. The question arises
which Of the two Is authentic and genuine
II the record In possession oi the Judge
Advocate General Is true, then that Is false
which he has given to the public. II on
the. other hand the record pub
lished with his official sanction
Is true, then that In his bureau
Is false, necessarily Judge Holt Is at liber.
ty TO accept either alternative and to &C.
cept as he may. The inevitable conclus.
ion Is that he did not only fail 10 submit
the petition to the President, but sup
pressed and withheld Il from the official
history Of the most important trial in the
annals ofthe nation.