The Judicial Murder of Mary E. Surratt

by David Miller DeWitt

Another aspect of the case must for a moment detain us.

Under the admitted fact that the President approved the death-sentence on Wednesday, July 5th, it is by no means clear how we are to find room for this supposed Cabinet meeting.

The natural construction of Bingham’s letter would lead us to believe that the Cabinet meeting, which the two Secretaries are said to have described, was a regular consultation between “the President and his advisers,” held before the “confidential interview” at which the President “approved the death-sentence;” and that the entire Cabinet voted on the question raised by the petition, because it was “a unit in denying the prayer.” This is but another version of the “full Cabinet” of Judge Pierrepont’s first statement, and forcibly suggests that the two have an identical origin—at first withdrawn under compulsion while Seward lived, at last brought forward again after his death.

And every one, on such construction, would expect to hear the voices of McCulloch, Welles and Dennison, still living in 1873, and accessible to the ex-Judge-Advocate.

He states in his “Refutation,” that he “had satisfactory reasons for believing that they were not there;” but he could not have gathered those reasons from Judge Bingham or his letter, which really is only consistent with the presence of some, if not all, of the three; and it is naturally to be inferred he got them from the ex-members themselves in letters repudiating all knowledge of the petition;—letters he takes care not to publish.

Again: the Cabinet meeting described in Judge Bingham’s letter cannot be made to square with the meeting described in the letter of Judge Harlan. The former was a regular Cabinet meeting, the latter was an informal discussion by a few members of the Cabinet. At the one, the petition was “duly considered,” at the other, neither record nor petition was present. At the one, “a formal vote” was taken upon the “question as to Mrs. Surratt’s case;” at the latter, her case “was never submitted to a formal vote.”

But—not to dwell further on dispensable points—it is enough to say that any Cabinet meeting whatever, for the consideration of the petition, held before the President’s approval of the death-sentence, is, on the admitted facts of the case, an impossibility.

Indeed Holt himself, when driven to the question, does not claim that there was. The record was in the custody of the Judge-Advocate from the 30th of June until that officer carried it to the President on the 5th of July, and during that interval the President was sick-a-bed. It was General Holt, as he himself states, who first “drew his attention to the recommendation,” and “the President then and there read it in my (his) presence.” And this was at the confidential interview on Wednesday, July 5th. There could have been no meeting of the President and his Cabinet at which the record and petition were present and discussed, “before the approval of the death-sentence;” which confessedly was done at the confidential interview.

When this impossibility was pointed out by Andrew Johnson, General Holt, in his “refutation,” with great show of indignation, denounces such an argument as “intensely disingenuous.” While conceding at once that from the adjournment of the Commission to the 5th of July, the President “had been sick in bed, and had, of course, had no opportunity of conferring with any members of his Cabinet;” he proceeds to show what his idea of intense ingenuousness is, by claiming that what “Messrs. Seward and Stanton” (of Bingham’s letter) “clearly meant was, that before the President had finally and definitely approved the sentences in question,” the recommendation to mercy “had been considered by him and his advisers in Cabinet meeting;” and therefore such a meeting might have been held after the signature to the death-warrant, say on Wednesday afternoon (5th), or on Thursday, the 6th. And he, now, once again, as in the days of the Surratt trial, abandons all idea of a “full” or regular Cabinet meeting, and endeavors, with the most transparent sophistry, to identify the informal discussion of Judge Harlan’s letter with the Cabinet Council of Judge Bingham. But alas! for the ingenuous General! Circumstances are too strong for him. For there is no more room for a Cabinet meeting, formal or informal, to do what Judge Bingham’s informants are said to relate—i. e. consider, and then vote upon the petition—after the confidential interview than before.

It is agreed on all hands that the President approved of the death-sentence on Wednesday, at the confidential interview between Holt and himself, and, at that very time, and by the same warrant, appointed Friday the 7th, for the executions. The whole matter was begun and ended in an hour.