The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-08-28

/ Ian, GENERAL MUSsEf, AND OTHERS.
| The Washington Chronicle contains /:
| communication from Judge 4 dvocate.ts Gene
| raj Holt, covering letter aud documents ts
the Secretary OF War in relation to the exc
cution of Mrs. Mary Il. Surratt for alleged
participation as an accompiice in the assassi
nation OF President Lincoln. In this com.
munication Judge Holt proceeds 10 acqui,
himself OF the charge that after the conyic.
ton aud sentence OF Mrs. Surratt he with.
held from President johnson petition
ssgned BY five members Of the court recon-.
mending, In consideration Of her age and
SEX, communication of the death-sentenee to
imprisonment for life in the penitentiary
| thus leading the President to approve the
proceedin@sand sentence without any knowl.
/ edge whatever Of the existence OF this pc.
| tltion. The documents submitted by Judge
holt IN support of his defence include letter,
from Hon. James A. Bingham, special
judge-advocate before the court: Hon. James
Speed, then Attorney General: Hon. James
Harlan, then Secretary OF the Interior
Rev. DIR. Butler. rector Of 81. Paul's church
| Washington and james NJ. Wright and
| Frank I. Howe, clerks of the Bureau OF
Military Justice.
In The outset Judge Holt SAYS
| 1.-The correspondence relates to a SANDER
which had its origin and fulfilled its base
mission years ago. having claimed in its cir.
culat;on the authority of the then acting
| President Of the United States. am well
assured that it fingers yet in certain I'LL.
friendly circles, where il still finds blind
or malignant support. Since the date Of
my communication 10 the Secretary of Wa,
4 1t
sey, full extracts from which are appended
1t will he seen that he entirely subs!antiates
| the position maintained throughout nv de
fence, that President johnson had knowl
| edge Of, considered, and commented on the
| recommendation of Mrs. Surratt TO ccmency
| by members of the court before hor eXccu
| ton
LETTER OF JUDGE BINGHAM.
| The letter of Judge Bingham bears date
| February IS, 1878. He says In reply tc
| yours of the l1th instant | have the honor
to say that after the military commission haC
tried and sentenced the parties brought be
| fore them and charged with the assassination
of our late President, Mr.. Lincoln, hctor,
the 1iual adjournment of the commission
| prepared the form Of petition 10 the rre>i
dent Mr.. Johnson) in behalf of Mrs. Mary
| +. Surratt.
The petition 80 prepared was IN substance
and almost literally as follows:
| TO the President: The undersigned
members of the military commission ap
| pointed to try the persons charged with the
| murder of Abraham Lincoln. &C.. respect
fully represent that the commission hay,
been constrained 10 find Mary +. Sur1itt
guilty. npon the testimony. of the assaSSina
| ton of Abraham Lincoln. late President o
| the United StaIes. and TO pronounce upcI
her, as required by law, the sentence o
| death: hut in consideration Of her age an(
sex the undersigned pray your EXcellenrl
| # consistent with your sense Of duty. to com
mute Der sentence TO imprisonment in tht
| penteutarv."
This petition. drawn by me, was copieC
by a member of the commission. and Sionet
by a majority Of the commission. and tb'
copy 80 signed attached to the official record
The original of this petition, in my band
writing. remained in possession of Genera
james A. Ekin. Il member of he commission
and upon il is Endorsed The names Of the pc
titiuUerS.
Before the President had acted upon tn
case deemed it my duty 10 call the attcD
tion of Secretary Stanton TO the petition 10
the communication OF sentence upon Mrs
Surlatt. and did call bis attention to il beior
the final action OF the President.
After the exec tiou the statement to whicl
| YOU refer was nude - that President johnson
had not seen the petition for the commuta
iion of tue dealh>en'cnce upon Mis-. Sur
raft. afterwards called ut your office. and
without notice TO !ou OF NY purpose. askeI
for the record in the case Of the assassin,
II WAS opened ard shown ne. and there Wa
then attached 10 it the petition. copied ant
signed Is hereinbcforc stated. Soon there
after ! called upon Secretaries Stanton ant
Seward. and asked if this petition had bee,
presented to the President before the death
sentence was by him approved. aud was an
| ,wcrcd by each of those gentlemen that tn
petition was presented to the President, an
was duly considered by him and his adviser
before the dea,b->entcnce upon Mrs. Surrat
was approved, and that the President ant
the Cabinet. upon such consideration. wcr
unit in denying the prayer of the petition
they were present.
Having been the srccisl iudgc-advocai
for the United States and ~ such harin:
made the argument OF The trial Of the asS;l>
sins. ! thought it due TO myself, and Il
others us we'll TO Know il the petition drawn
hy me in behalf OF Mrs. Surratt had bee!
considered by the President. Having ascer
tanned the fact AS stated. | then desired t.
make III. same public, and 20 expressed my
self to Mr.. Stanton. who advised NE not Il
do so. hut to rely upol. the final Judgment o
the people.
| Mr.. uiRLAN'S LETTER.
| Ex-Secretary Harlan in his letter, ate
premiSin" upon the matter, says:
| After the SC! tence, and before the eNecu
ton of Mrs. Surratt, remember distinctly
| the discussion of the question Of the com
mutation OF the sentence Of death pro
nounced on her by the court TO imprsun
ment for lite had by members of the Cabl
| net in the presence of President johnson.
cannot state positively whether this occurred
at u regular or called meeting. or whether il
| was ut an accidental meeting of >evera
| members, each calling on the President IL
| relation tn the business OF his own depart
ment, The impression on my mind Is tia
| the only discussion of the subject by mem
berS of the Cabinet which lever heard occur
red in the last-named mode. there being no
more than three or four members present.
Mr.. Seward, Mr.. Stanton, and myself. ant
possibly Attorney-Geneia speed and Others
| but | distinctly remember only the first two
When / entered the room one OF these va
addressing the President in IN earnest con
yerSation on the question whether The
sentence ought to be modified ON account o
the sex Of the condemned. | can Iecitc th
precise thought, if not the very words, rl>e'
| by this eminent statesman. as they were i'll
! pressed on my mind with great force at tn
| time. and | have often thought OF then
| since-viz.:
"SurcIy not. Mr.. President, for il tn
death.npnaltv should be committed III :
crave a case as the assassination Of the bea
| of great nation on account of the sex Q