The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1880-08-05
THE SURRATT CASE.
What Her Counsel Has to Say Concernin
Her observation-disclosures Hooker's OpiE
Ion or Schurz, Etc.

ION or sScnurz, ktc.
John w. Clampitt, who defended Mrs.
Surratt before the military tribunal, and
who acted in the capacity of her stead
fast counsel up to the date of her execu-
tion, is out in a long letter touching
General Hancock's connection with the
unfortunate affair He says: 1t. is a
notable fact that Brevet Major General
Hancock gave the verbal order of exc
cution. After first reading, while stand
ing on the platform beside the prisoners,
the finding of the Military Commission
and the Presidents order of approval, I
was an eyewitness to the execution, and
assert these facts as beyond contradic-
tion. In this, Gen. Hartrapft performed
his duty as the subordinate officer of the
President, from whom he had derived
powers as Special Provost Marshal. The
functions of General Hartranft were
purely ministerial, "as the commandant
OF the military post, etc." and not
judicial, and he took no part in the exc
cution. As to the charge that General
Hancock refused to obey the writ Of
hGbeds corpus sued out by me as the
counsel of Mrs. Surratt, before Judge
Wyhe, l know this to be wholly ground
less, The records of the court show that
on the morning of the execution, upon
proper application, at the early hour of
2 O'Clock, Judge Wyle, with character
istic firmness, issued the writ of hdbeds
corpus, ordering the commandant of the
Military District in which she was con-
fined to produce the body of Mrs. Sur
ratt in his court, at 10 o'clock, the hour
of execution having been named in the
order as between 10a. m. and 2p. m. of the
same day. This writ was by me handed
to the Marshal of the District of Column
bia at a very early hour in the morning.
1t is a fact, sustained by the records of
the court, that General Hancock ap-
'peared in obedience to that summons
before his Honor Judge Wylie, accom-
panied by the Attorney General of the
United States, who was the representa-
tive of the President, and presented to
Judge Wylie the following return, which
was an Executive order suspending the
writ of ha6eaS corpus. to wit: at
tt EXECUTIVE OFFICE, July 2, 1861
~ ,.- II O'clock A. NJ
To MAJoR-GENERAI. W. s. HANCOCK, Com
manding, etc.: /, Andrew johnson, President of
the United States, do hereby declare that the
writ of hdbeds corpus has been heretofore srls-
pended in such cases as this, and do hereby
especially suspend this writ, and direct that
you proceed to execute the order heretofore
given upon the Judgment of the Military Com
mission, and you Will give this order in return
to this writ ANDREW JOHNSON, President.
1t is thus seen how false is the charge
that General Hancock refused to obey
the writ issued by Judge Wylie. The
very reverse is the truth. Not only did
he obey the writ SO far as he was permit
ted to do SO, thus subordinating the
military to the civil powers of the Gov
ernment, but SO prompt and clear was
the performance of his duty in the
estimation of the court that Judge Wylie
complimented him on his ready obsery-
ance to the civil authority and discharged
him from the process, because of his
own inability to enforce the order of the
court. Judge Wylie acquiesced in the
suspension of his writ by the President,
and declined to go any further. General
Hancock's appearance before the Judge
showed his respect for the civil process
of the court, and it became his duty tc
present to the Judge the order. of the
President suspending the writ, and te
know whether he would submit to OF
reject the suspension of the writ. =
Judge Wyie had said that he would con.
slider the question of the validity of the
order suspending the writ when Mrs.
Surratt was brought before him, and
directed her to be brought into court,
General Hancock would doutless have
produced her body; but the Judge, com.
plimenting the General for his respect
for the civil authority, dismissed the
proceedings here. The question asked
in newspaper discussions, why Genera
Hancock was present at the arsenal OF
the morning of the execution, is easil,
answered. The application for pardon
| for Mrs. Surratt was expected to be re
newed that morning, and that on hi
own suggestion, and he deemed it proper
to be at convenient place to afford hi
aid in case of pardon. / was mysel
on the ground and deeply interested il
| all that occurred at the time, and / know
the fact that General Hancock afforded
to Mrs. Surratt every kindness in hi
power, and was anxious that she SHOULD
be spared by a pardon, and he hoped TO
it up to the very last; and when Mis-
| Anna Surratt called upon him at hi
hotel early on the morning of the execu
ton, and asked him what she could d
to save the life of her mother, he ar
swered that there was but one thing re
naming for her to do, and that was t
go to the President, throw herself on he
knees before him and beg for the life {
her mother. She did not ask Genert
Hancock to accompany her to the Pres
dent, nor could it have been expected, 6
| tbot por1IJ how. haar, irnrlrpnar
Secretary Schurz, the hero of metz
physical rebellion in his own country
in his speech in Indianapolis refraine
from attacking General Hancock as
soldier, but contented himself with tl
reflection that soldiers were not fitted
be statesmen. Annexed is an order whlc
gives proof that alleged statesmen of M
Schurz's measurement are not fit to
soldiers:
HEADQUARTERS ARMY OF THE Potomac,
March 20, 1868.
"HoN. EDWIN M. STANTON, Secretary
War: Has the resignation of Major-Gener
Sipel taen accepted, or is that Office to be r
moved from the command OF the Eleven
Corps? I desire to ascertain, in order that
So Major-General How. I'd, the highest In raj
in this army for advancement to corps COL
mander may be assigned to it. General Ho
ard ia an officer of uncommon merit, is fave
ably known to this army, and is fully identif
with its history. would consider the servic
of an entire corps as entirely lost to this arr
we're it to fall into the haVds of Major-Genel
Schurz, the senior officer now on duty with
1t is highly important that the Commander
the Eleventh Corps should be named and tt
he should be on duty with it.
JOSEPH HOOKER,
Major-General Commanding.
| no1e. To,.o, No,.A al