It was not a trumped-up charge for the purpose of gratifying malice, or with a view to the taking of the life of Mr. Davis unjustly in revenge, but a charge made in good faith, and sustained by evidence that has never been overthrown.
The conclusion of Mr. Harrison, that the government conceded that its charge against Mr. Davis was unfounded in that it did not prosecute it when it had him in custody as a prisoner, is a non sequitor.
The rebellion was declared to be at an end shortly after the trial of the assassins. The proclamation of martial law ceased with the proclamation of peace. Civil law took the place of martial law with the issuance of the proclamation that the rebellion was at an end. The work of reconstruction belonged to the political department of the government, and the benign policy of condoning the past, and only securing guarantees for the future was wisely adopted; this security is found in the fourteenth amendment to the Constitution, and illustrates the tempering of justice with mercy as had never been before done in the history of the race. It can never be claimed that the government abandoned its charge made against any of these parties because it did not bring them to trial when it had it in its power to do so. The charges as made have never been withdrawn. They stand in the records of that trial, and the evidence on which the charges were based has been presented to the world and the question of the guilt or innocence of the parties has been referred to the decision of an enlightened and impartial public sentiment and to the judgment of the world.
But we will now consider the credibility of this testimony from another standpoint. Here we have three witnesses,—Conover, Montgomery, and Merritt,—strangers to each other, testifying as to the facts known to each one separately, and they completely corroborate each other. There could have been no possible collusion, and yet their testimony is the same. It is, as it were, the continued story of one man, who is consistent with himself at every point. The purposes of the conspirators and their plans through a period of several months are the same, whether they come to us through Conover, Montgomery, or Merritt. "Out of the abundance of the heart the mouth speaketh." The assassination plot was that which engrossed their thoughts. They were continually scheming for its accomplishment; it was the thing dear to their hearts and was the constant theme of their tongues.
The witnesses corroborate each other in showing that this was the case. In regard to the fact testified to by both Montgomery and Merritt, that the conspirators stated they were destroying their papers, we have the additional testimony of George B. Hutchinson, who testified as follows: "On the 2d of June, and on the morning of the 3d, 1865, I saw Dr. Merritt in conversation with Beverly Tucker, at St. Lawrence Hall, in Montreal. I heard Beverly Tucker say in reply to a remark of Dr. Merritt, that he had burned all the letters for fear that some 'Yankee son of a b—h' might steal them out of his room and use them in testimony against him. They were at the time speaking about this trial, and the charges against them. They were talking to Dr. Merritt as to one to whom they gave their confidence."
Who, in the light of all the facts given in this testimony, which fulfills all the conditions, on down to the crucial test of credibility—that of the concurrence of three witnesses, who were entire strangers to each other, in the statement of all the essential facts—can doubt that all these men implicated in the charge and specifications preferred by the government were equally guilty with John H. Surratt and John Wilkes Booth of the assassination accomplished, and that attempted; as, also, of the others planned. It matters not that for good and sufficient reasons they were never called to account by the government, when it had it in its power to do so; they yet stand, and must forever stand, condemned by an intelligent and candid world. If their guilt is not proven I do not see how it would be possible to prove anything.
[CHAPTER XIII.]
A CRITICISM OF NICOLAY AND HAY.
Nicolay and Hay in their "Life of Lincoln" (see Century Magazine for January, 1890, p. 439), say: "The surviving conspirators, with the exception of John H. Surratt, were tried by a military commission sitting in Washington in the months of May and June.