Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1873-09-25
LOUISVILLE, March 80. 1878.

I
My Dear General Your note ol
t the 2Sth is just to hand. Afte
the finding of the military com
mission that tried the assassins OF
Mr.. Lincoln, and before their exc
cution, l saw the record of the cast
in the Presidents Office and at
tached to it was a paper, signed
by some of the members of tn,
commission, recommending tha
the sentence against Mrs. Surrat
> be commuted to Imprisonment fol
: life; and, according to my memory
the recommendation was made be
cause of her sex.
/ do not feel at liberty to speal
of what was said at cabinet meet
Iings. In this | Idiffer from Other
; gentlemen, bat | feel constrained
to follow my own sense of propri
ETY.. Most truly your friend,
JAMES SPEED.
This is followed by lengthy
, letter from James Harlan, Secre
tary of the Interior under Presi
dent johnson, who remembers
distinctly the discussion of the
question of the Communication of
the sentence of death pronounced
on her MRS. Surratt) by the court
to imprisonment for life, had by
members Of the Cabinet in the
presence of President johnson.
He says:
"When | entered the room one
jof these was addressing the Presi.
ldent in an earnest conversation
on the question whether the SEN
tence ought tc be modified on ac-
count of the sex of the condemned.
| can recite the very thought if
not the very words, used by this
eminent statesman, as they were
Impressed on my mind with great
force at the time, and | have often
thought of them since, viz: Sure
ly not, Mr.. President, for if the
death penalty should be committed
in so grave a case as the assasina-
ton of the head Of a great nation on
account of the sex of the criminal,
it would amount to an invitation
TO assassins hereafter TO employ
women as their Instruments, un-
der the belief that if arrested and
condemned they would be pun
ished less severely than men
An act of executive clemency on
such plea would be disapproved
by the Government Of. every civil
lied nation on the earth
."No part of the record OF the
trial, the decision of, the court, Or
the recommendation of the elem
ency was at that time, or ever at
any time, read in my presence
| am positive on this point, for I
remember with undoubting dis.
tinctness inquiring at the time
whether the Attorney General had
examined the record of the trial,
including the testimony, for the
purpose of discovering any posi-
BILE mistakes, oversights, or errors
of law governing the case, observ-
ing that the time intervening be.
tween the date of the sentence and
that fixed for the execution was
very short, and if such errors
should be discovered afterwards,
it would cause the severest censure
on account of what would in such
case be regarded as objectionable
haste. l was told that the whole
case had been carefully examined
by the Attorney General and the
Secretary of War, and the only
question raised was whether the
punishment shall be reduced on
account of the sex of the party
condemned. / do notremmember
that any differences of opinion
were expressed on that point
The question, however, was never
submitted when l was present to,
the cabinet for a formal yote."7 Il
Judge Holt gives a letter
from Rev. j. Geo. Butler, Pas
tor of St. Paul's Church, which
makes no mention Of the dispu-
ted document, but details a con-
versation with the President on
the evening of the execution
The Reverend gentleman says:
Concerning Mrs. Surratt, the
remarks of the President by
reason Of their point and force,
impressed themselves especially
upon my memory. He said, in
substance, that very strong ap-,
peals had been made for the ex-
ercise of the executive. clemen-
cy; that he had been impor-
tuned; that kilograms and
threats had been used; but he
could not be moved, for, in his
own significant language, Mrs.
Surratt kept the nest that
Matched the egg The Presi-
dent further stated that no plea
had been urged in her behalf,