Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-11-12
JOHNSON.
The Ex-President on the Trial,
Imprisonment and Execution
Of Poor Mrs. Surratt.
Judge-AdYOcate Holt Answered
Fully and Fairly-''A Lie
Out Somewhere "
Chance for a Response by Stan
toms Right-BOwer-The Truth
Of History INDICATED.

WASHINGTON, November LEX
President johnson has addressed COM
nunication TO the Washington Clr0Ri-
Gle in reply to that of Judge Holt, pub
lished in the same paper in August last,
on the subject of the execution of Mrs.
Snrratt as one of the assassins OF Presi-
dent Lincoln. After reviewing the evil
dence advanced by Judge Holt, john
son says: "In his search for testimony
Holt succeeded in discovering only
one witness who said he saw the
record of the case, with the petition at
tached, in the Presidents Office. This
witness is Hon. James Speed, then at
torney-general, who is undoubtedly mis-
taken in his statements, for, as already
shown, the findings and sentences of the
court were submitted on the fifth of Ju-
ly; he and being alone, they were
then and there approved by the exec
utive and taken by the judge-auvOcate-
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 it
must have been in the department of
war and not in the executive Office.
The record of court was submitted to
me by Judge Holt, on the afternoon of
the fifth day of July, 1865. Instead of
entering the mansion in the usual way,
be 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 l alone were present.
The sentences of the court in the
cases of Harold, Aatzerote and PAYNE
We're considered in theorder named, and
the sentence in the case of Mrs. Surratt.
In acting upon her case no recommend |
alton for the Communication of her SEN
tence was mentioned or submitted to
me, but the question of sex, which had
already been adverted to and discussed
by the newspapers, presented itself and |
was commented upon both by Judge |
Holt and myself with peculiar force
and solemnity. He argued that the |
fact that the criminal was woman was
in itself no excuse or palliation. That |
the woman unseXed herself and en-
tered the arena of crime. It was rather |
an aggravatiOn than mitigation of Of
Tense. That the law was not made to |
punish men only, but all, without regard |
to sex, who violated its provisions. That |
to discriminate in favor of Mrs. Surratt |
and against Harold and Atzerote and
Payne, who were sentenced by |
the same court and at the |
same time to suffer the PEN
atty of death, would be to offer |
a premium to the female sex to engage
in crime and bribe the principal actors
in commission; that since the rebel
lion begun, in some portions of the
country, females had been prominent in |
aiding and abetting traitors, and he
thought the time had come when it was |
absolutely necessary in a case SO clearly
and conclusively established, to set an |
example which would have q |
salutary influence. He was not only |
in favor of the approval of such an
application, but it would have been
iuiy weighed by the executive before
inal action in the premises. Mr.. john
son says, in conclusion, it being abso-
utely certain if the petition was
to the original record /
before it was submitted to the Presi-
lent, is not to be found in the printed
record authorized by Judge Holt,
and certified to by Colonel Burrett,
special judge advocate of the commits
ZION. The question arises, which of the
iwO is the authentic and genuine? If
ne record IN possession of the judge-ad-
is true, then that is false
which he has given to the public. If,
IN the other hand, the record pub
ished with his official sanction
$ true, then that in his bureau
8 false, necessarily. Judge Holt
S at liberty to accept either alternative,
md to escape as he may the inevitable
conclusion that he did not only sentence
Ter but caused her execution at the ear
lest practical day. Upon the termina-
ion of our consultat on Judge Holt wrote
he order approving the sentence of the
'ourt, and affixed my name to it, roll
ng up the papers he took his leave, carry
ng the record with him and departing
.s he had come through the family or
'rivate entrance. From the above
tatement it will be noted the papers
we're not submitted in the usual WaV bv
he secretary-Of-war, but were brought
o the President by the judge-advocate-
,eneral, under, of course, the instruc-
ions of Mr.. Stanton. This,
doubtless, was done to save
ime and hasten the execution, and
vinces the spirit which animated Judge
Holt during the entire proceedings,
!