Assassination of Lincoln : a history of the great conspiracy : trial of the conspirators by a military commission, and a review of the trial of John H. Surratt

Front matter

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Preface

It is now more than twenty-seven years since the assassination of Abraham Lincoln, President of the United States, — an event of the greatest importance at the time, not only to the people of the United States, but to the civilized world. The trial of the conspirators by a military commission created the greatest possible interest ; and the proceedings and testimony were published from day to day by all of the great newspapers of the country, and read with avidity. The judgment of those who carefully studied the testimony at the time was formed upon a competent knowledge of the facts.

And yet, even then, the fate of the prisoners on trial before the Commission, to be found innocent or guilty according to the evidence, constituted the great point of interest, and thus tended to divert attention from the evidence against the other parties charged not only with being co-conspirators, but as being the instigators of the plot.

Since that time a new generation has come on to the stage of action, and as the official report of the trial by Ben Pittman, published at the time, is in the hands of but comparatively few people, a concise history of this great event, in popular form, but founded on the evidence, seemed to the writer to be due and called for at the present time.

The necessity for this has been emphasized by a recent revival of efforts that have been made from time to time, ever

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since the execution of the assassins that were condemned to death, to prejudice public sentiment against the government by the assumption of the innocence of one of the parties executed — Mrs. Surratt.

Only a few months since (May 30, 1891), La Salle Institute in New York City was crowded by an audience that came together expecting to hear Cardinal Gibbons and Father Walter review the case of Mrs. Surratt. Neither the cardinal nor the father appeared, but a Mr. Sloane arose and read to the audience a letter from Father Walter on the subject. This letter contained nothing new to those who were familiar with the case at the time of its occurrence. It was substantially the same that was published over his signature shortly after her execution. After stating that he was her confessor, and that his priestly vows did not permit him to reveal the secrets of the confessional, he very calmly and positively states his belief in her entire innocence, basing that belief on what he professes to know. He then relates the efforts he made to get a reprieve and a postponement of her execution for a few days, and expresses the belief that could he have succeeded in this for only ten days he could have saved her life.

He then complains of the manner in which he was treated by the President, Andrew Johnson, and Judge Holt, who referred him back and forth, each to the other, and that between them he could get nothing accomplished.

A story has also been gotten up of a Union soldier who was a member of the conspiracy and knew all of its members and secrets, who affirms the innocence of Mrs. Surratt. The most rational and, at the same time, charitable thing to be said about this story is, that this Union soldier was manufactured for the occasion.

That portion of the press of to-day that inherits the old copper-head animus, greedily publishes all such things as these, and indulges in the wildest latitude of editorial comment and false statements. They have buried all of the members of the Commission but one many times ; have followed all of the principal actors in the scene to violent and miserable deaths ; and have made it manifest that had the Almighty Ruler of the Universe viewed the matter in their light, and been as swift in his retributions as they would have had him to be, not one who had any connection with the arrest, trial, and execution of the assassins of the great and good President would have been left alive.

They have manifested an especial venom of feeling against the then Secretary of War, Hon. E. M. Stanton, iterating and reiterating the absurd and false statement that he died from the violence of his own hand, being crazed wirh remorse. Why they should thus select Mr. Stanton as the especial object of their hatred cannot be seen from any connection he had with this case. His part, though important and involving great responsibility, was, in fact, a very subordinate one. He selected the officers to be embraced in the order of detail for the Commission, under the order of the President, that was all. Judge Holt conducted the trial and recorded the proceedings under the President's order, and when he handed that record over to the President his connection with the case ended. President Johnson then held the temporal destiny of this woman, as well as that of all the others convicted, in his own hand. He and he alone was responsible.

From all this it appears that the time has come when a clear, concise history of this conspiracy and trial should be given to the world. To this task the writer has addressed himself, and he offers this volume as the result of his labors. The facts herein narrated in regard to the assassination, as well as to the parts enacted by each of the individual members of the conspir-

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acy, are drawn from the testimony before the Commission. They have been thrown into the form of a connected narrative, and there has been nothing stated as a fact but what is fully sustained by the evidence which formed the basis of the decisions of the Commission. Nothing has been admitted into this narrative but what rests on the specific testimony of unimpeachable witnesses. The author only deems it necessary that the opinion, or belief, of Father Walter, and all others of his persuasion, shall be confronted by the testimony in the case, in order that an intelligent judgment shall be reached. At the time of this trial there were just two classes of people in this country — the friends and the enemies of the government. The former were united and determined in their purpose and effort to preserve and perpetuate the government established by our fathers under the constitution that included in its purpose and provisions the union of the states and made us a nation. The latter were madly bent on its overthrow, and so judged favorably or unfavorably of the occurrences of the times, as they tended to favor or hinder the accomplishment of their purposes. The feelings of both parties had been wrought up to the highest pitch of intensity because the matters at issue had been submitted to the arbitrament of the sword. The result of this appeal was clearly foreshadowed at the time of the assassination of the President, and before the conclusion of the trial of his murderers the cause of the Confederacy had collapsed.

The rebellion was virtually overcome. The deep political scheme to give it a new lease of life and bring to its aid new elements of success by the assassinations that had been planned, had been too long delayed, and its execution had become utterly impracticable. The soldiers of the rebellion had fought their fight — a brave and plucky and protracted fight. They realized the hopelessness of their cause and, though greatly disappointed and mortified at their failure, they had the consciousness that they had done all that brave men could do to win success, and so were ready to accept the result, return to their homes, and resume citizenship under the government they were unable to overthrow. Not so with the secret active enemies of the government. They were not willing to accept defeat, but were, nevertheless (happily for the country), in a condition that they could only show their enmity by maligning and villifying the authorities they were unable to overthrow; and of this privilege they fully availed themselves. Thus it has come to pass that the magnitude, scope, and purpose of the assassination conpiracy are unknown to the present generation. All that a large majority of those who have come upon the stage of action since that time know of this, in many respects, one of the most important trials that has ever occurred in our history, is what they have learned through the efforts of these vituperators ; and they have never seen it referred to other than as the trial of Mrs. Surratt. The Commission was not called upon to render a decision as to the innocence or guilt of the persons charged by the government with being co-conspirators with John H. Surratt and John Wilkes Booth, who were not in the custody of the government and so not before the Commission ; but the government, having assumed the responsibility of charging Jefferson Davis, George N. Sanders, Beverly Tucker, Jacob Thompson, William C. Cleary, Clement C. Clay, George Harper, George Young, and others, with thus conspiring to kill and murder Abraham Lincoln, Andrew Johnson, Wm. H. Seward, and Ulysses S. Grant, was under the necessity of vindicating its honor and dignity before the world by presenting the evidence in its possession on which its charge was founded. It will be my purpose to present this evidence, and to show the full significance and purpose of the plot, and with whom it originated. Many of the prominent actors in this tragedy have been summoned before a higher tribunal to

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answer for the deeds done in the body. There we are content to leave them, assured that " all things are naked and open to the eyes of Him with whom they have to do," and that there will be no mistakes made in the decisions there rendered. And toward those who yet remain, it is with no feelings of personal enmity that the author shall write. He only knows them as they are revealed in the testimony, and by this he shall endeavor to deal fairly and candidly. They made themselves conspicuous in their connection with public affairs of the greatest importance, and so their acts belong to the public. If they have made a bad record, it is due to the truth of history that their acts shall be fully unfolded. History is a truthful narration of events that have occurred ; and its conclusions must be based on a consideration of all of the facts, taken in their proper order and relation to the events. The aim of the writer has been to give a candid and reliable history of the Great Conspiracy as deduced from the evidence before the Commission and to be found in the official report of the proceedings published by Ben Pittman immediately after the trial.

The asperities of the great conflict have been largely obliterated by the many happy years of peace that have intervened since that unhappy period. We have but one country and one flag, which almost all have learned to love as of old. Let us draw wisdom and virtue from the history of the past, learning as well from our errors and mistakes as from our virtues, that we may, by a course of well-doing, gain the favor of Him who holds the destiny of nations in His hands, and who pulls down one and sets another up.

The stability of a popular government must rest on the virtue and intelligence of its people. Our institutions were established on this basis alone, and on this alone can they stand. The

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divorcement of Church and State by the framers of our constitution was one of the wise conclusions which they drew from the past; but it was no part of their purpose to divorce religion from the State. On the contrary, their politics was a part of their religion and was deduced from the teachings of God's word. Let us beware of the effort of the present time to divorce politics from religion because we rightly divorce the Church from the State.

There is no morality that can make a man a valuable and a reliable citizen of a free state except the morality of the Christian religion as taught in God's word. It is the duty, . therefore, of every parent and every teacher to instill into the minds of our youth this Christian morality as a basis for the highest patriotism and noblest citizenship. Let the American flag float over every school-house, and the morality of the Bible be taught with the authority inherent in God's word. Then will the days of assassinations, whether political or religious, come to an end. Owing to a variety of causes, the facts connected with this most important event in our nation's history have been slurred over and obscured. Scarcely one in a thousand of our people to-day have any knowledge of their existence.

The object of the writer will be to revive them and bring them out clearly to the knowledge of all.

T. M. Harris.

Ritchie C. II., W. Va.

Argument of John A. Bingham , . 325

Controversy between President Johnson and Judge Holt . . 407

Part I.

ASSASSINATION OF LINCOLN.

Chapter I. Introductory

The rebellion of the slave-holding states, and the attempt to establish a separate government by force of arms, was solely in the interest of the institution of slavery. The Southern Confederacy was to rest on this institution as its corner-stone. By the establishment of the Confederacy it was intended to end, forever, the agitation of this question, and establish the system of human slavery as one of the permanent institutions of the world. And all this in the nineteenth century of the Christian era ! Preparatory to this the pulpit and the press had been suborned, the Christian conscience of the country had been debauched, and the doctrine that slavery was a Divine institution was taught, and accepted as true, by one-half of the American people.

A doctor of divinity, or even a common preacher, who could prove this to his own satisfaction, and that of his hearers, at once achieved popularity, and had his great learning and ability heralded by the secular press throughout the South land. Neither was this kind of preaching confined to the South. It found a distinct and earnest echo in many places in the North. It was argued, and no doubt sincerely believed, that slavery was the best condition for securing the happiness and welfare of the African race — the condition in which the negro could be most useful to the world ; that his condition had been greatly improved by his transplantation from a heathen land and the environments of barbarism to a Christian land and civilized and Christian environments ; and that subjection to a higher and superior race was necessary to his deriving the highest benefit from the change. Slavery, it was taught, was a patriarchal institution, and that it was only through it that the highest ideal of human civilization could be attained. It was natural that 2 17

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a people whose judgment had crystalized around such opinions as these should be intolerant of opposition, as they had closed the door to discussion on this question ; and so for several generations a contrary opinion was not tolerated, or allowed to find expression, in the slave-holding states. The agitation of this question, in its moral aspects, by constantly increasing numbers of earnest, able men in the North, at last led to the organization of a political party opposed to this institution, and the question of slavery thus became a political question.

The friends of the institution instinctively recognized the danger that thus confronted them, and began to strengthen their fences bymost stringent measures to repress discussion and shut out the light. This was a tacit admission that they felt themselves unable to stand before the world in argument. It may be laid down as an axiom, that whenever a political party forecloses discussion on any subject, but more especially on a great moral issue, it is not only on the wrong side of that issue, but has an intuitive perception of that fact.

It may also be accepted as an axiom, that the more inconsistent a man's attitude is on any great moral question the more intolerant will he be of opposition. Not only were the most stringent laws passed to prevent the discussion of the institution of slavery in its moral aspects in the Southern States, but also the most lawless and violent measures were resorted to, so that it was as much as a man's life was worth to undertake to make a public argument against slavery in a slave-holding state, and even to be found earnestly opposed to the institution in sentiment was to put personal safety in jeopardy. The making of this question a political question tended largely to de-sectionalize it. No party could hope to succeed, as a National party, without the vote of the South, and this could only be secured by concessions to the demands of the slave holders in the interest of that institution ; and so the party that was willing to concede the most to their demands became the dominant party in the nation. Thus the leading Democratic politicians, all over the North, became the staunch advocates of slavery ; and we all know with what blind confidence, and fierce determination, the masses follow their political leaders. The cul-

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mination of the contest over this question, resulting in the election

of Abraham Lincoln to the Presidency by a party openly opposed

to slavery, caused its friends to take their appeal from the ballot

box to the sword ; and this appeal found those who were the

friends of the institution from political party considerations scattered

all over the North in quite formidable numbers, constituting an

enemy in the rear of our armies that gave to the administration of

President Lincoln no little anxiety and embarrassment, making it

necessary for him, as early as September, 1862, to proclaim martial

law and suspend the writ of habeas corpus in respect to all persons

in the United States who were found to be actively disloyal, and

engaged in efforts to aid the rebellion. The following is a copy of

his proclamation : —

GENERAL ORDERS NO. 141.

War Department, Adjutant General's Office,

Washington, Sept. 25, 1862.

The following Proclamation by the President is published for the information and government of the Army and all concerned : By the President of the United States of America.

A Proclamation.

Whereas it has become necessary to call into service not only volunteers but also portions of the militia of the States by draft, in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure and from giving aid and comfort in various ways to the insurrection: Now, therefore, be it ordered: First, That during the existing insurrection, and as a necessary measure for suppressing the same, all rebels and insurgents, their aiders and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice affording aid and comfort to rebels against the authority of the United States shall be subject to martial law, and liable to trial and punishment by court-martial or military commission. Second, That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement, by any military authority, or by sentence of any court-martial or military commission. In witness whereof I have hereunto set my hand, and caused the seal of the United States to be affixed.

Done at the city of Washington, this twenty-fourth day of September, in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the eighty-seventh.

ABRAHAM LINCOLN.

" By the President,

" William H. Seward, Secretary of State.

" By order of the Secretary of War,

" L. Thomas, Adjutant Generai."

"Official."

This disloyal element was rendered much more formidable by the fact of its perfect combination, through secret, oath-bound organizations under the names of Knights of the Golden Circle and Order of American Knights. These secret orders no doubt had their origin in the South, preparatory to secession and war ; but after the war had been commenced it was chiefly in the North that they were useful to the rebel cause, and it was through these that the assassination of the President-elect was to have been accomplished at Baltimore when on his way to the Capital in 1861, and thus his inauguration as President was to have been prevented. We thus see the desperate character of the political leaders of the rebellion, who were ready to frustrate the expressed will of the people by resorting to assassination. We need not think strange that a rebellion which was ready to resort to such means in its incipiency should finally expire under the weight of this infamy.

By these secret organizations, the enemies of the government, wherever they might be, possessed the means of a secret recognition amongst their members. And under whatever circumstances they might be placed, the obligations of their oath afforded them confidence and security. They constituted a brotherhood, and by their secret grips, signs, passwords, etc., they had a guarantee of unity of sentiment and of purpose, and of faithfulness to each other and to the obligations of their oath.

These organizations were regarded as allies by the rebel government, and were counted on as a valuable factor to secure the success of its arms. This element in the North kept itself in constant communication with the rebel government and the rebel armies, and thus, in a large degree, filled the place of spies in giving information. To furnish facilities for communication with its friends in the North, as also for various other purposes in aid of the rebel cause, the Confederate Government sent a number of its ablest civilians to Canada, at an early period of the war, as its secret agents, who established their headquarters at Montreal. This cabal consisted of the following persons : Jacob Thompson, who had been Secretary of the Interior under Buchanan's administration ; Clement C. Clay, who had been a United States Senator from Alabama; Beverly Tucker, who had been a Circuit Judge in Virginia; George

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N. Sanders, William C. Cleary, Prof. Holcomb, George Harper, and others. Of these, Thompson, Tucker, and Clay seem to have held semi-official positions, and we will designate them as Davis's Canada Cabinet. The others named, as also others unnamed above, appear to have acted as aids, in a subordinate capacity, in the execution of their plots. They all claimed to be acting as agents of the Rebel Government upon their oaths on the trial for the extradition of the St. Alban's raiders.

The proclamation of martial law and suspension of the writ of habeas corpus in September, 1862, had the effect of restraining the open, active efforts of these secret disloyal organizations to cripple the resources at Mr. Lincoln's command for suppressing the rebellion, inasmuch as any such efforts were met by arrest, military trial, and imprisonment ; yet, inasmuch as they created a necessity for a military police at all important points in the North, they felt that they were still rendering valuable service to the rebellion by thus weakening the force at the front; and whilst it was necessary to conduct their operations with much more secrecy, their organizations were not disbanded. They went on to effect a complete military organization, thoroughly officered and drilled, and in many cases armed, holding themselves ready to take the field in any emergency that might arise that would justify so bold a measure. The Canada Cabinet watched over these organizations with great interest, and directed their operations, and by many schemes sought to bring about an emergency that would enable them to bring this army, which they had hidden away in secrecy, into the field of active operations for the success of their cause. The officers of these secret military organizations were chosen from the local political leaders in the different localities where they existed, and kept themselves in communication with the Canada Cabinet, and through this medium the Confederate Government was kept informed of their strength, organization, plans, and purposes. So bold and active did they become, in spite of the efforts of the military police for their suppression, that the government finally found it necessary, through its secret service department, to possess itself of a thorough knowledge of these organizations, and in this way was enabled to capture the arms and munitions of war which had been secured and were hidden away in secrecy by them, and also to arrest the leading officers of these organizations in several states. Whilst by these means these treasonable combinations were seriously crippled, they were unchanged in animus and still struggled to maintain their existence. They kept themselves in communication with the Canada conspirators, and ready to co-operate with them for the success of their schemes should the conditions become sufficiently promising to justify them in declaring themselves openly.

It was in the summer of 1864 that Jacob Thompson, according to the testimony before the Commission, declared that he had his friends all over the Northern States, who were willing to go to any length in order to serve the cause of the South. Jefferson Davis's Canada Cabinet kept up a constant correspondence with their chief, through secret agents who travelled directly through the states, and even through the city of Washington.

So potent was the aid of secret signs, grips, pass-words, etc., as a means of recognition, and so universally were the members of these secret orders diffused over the country, that they could go anywhere. Should one agent find it necessary to stop his task for fear of detection, another would take it up ; and where men could not go, women went, to carry communications. The Canada Cabinet was well supplied with money by the government at Richmond, and in this department of the service Jacob Thompson seems to have been Secretary of the Treasury. He kept his deposits largely in the Ontario Bank of Montreal, and his credits there arose from Southern bills of exchange on London. The object of the writer in this introductory chapter has been to place clearly before his readers the formidable character of the conspiracy, which, with the President of the Confederacy at its head, and organized by his Canada Cabinet, was intended to throw the loyal North into a state of chaotic confusion and bring to the aid of their sinking cause the disloyal element all over the North, by a series of assassinations which would leave the nation without a civil and military head and without any constitutional way of electing another President, and at the same time would deprive the armies of the United States of a lawful commander. This was the last card of the political leaders of the rebellion, the last desperate

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resort to retrieve a cause that had been manifestly lost in open warfare. It may seem like temerity in the writer to make such a charge involving a total disregard of the laws of civilized warfare, and such utter moral depravity on the part of these conspirators, and to claim for their wicked project the approval of Jefferson Davis, but the evidence in the possession of the government and adduced before the Commission, it will be seen, fully justified the government in making this charge. The persons brought before the Commission, though in full sympathy in sentiment with their employers, were merely the tools and hired assassins of the Canada Cabinet, acting under the advice and sanction of their chief. I shall now proceed to bring before my readers the denouement of their plot, and, from the evidence given before the Commission, show that the origin, scope and purpose of the conspiracy have been truly indicated above.

Chapter II. Preparations For The Execution Of The Plot

THE evidence which will be hereafter referred to shows that John Wilkes Booth and John H. Surratt had, as early as the latter part of October, or early in November, 1864, entered into a contract with Davis's Canada Cabinet to accomplish the assassinations they had planned, and that they immediately entered upon their work of preparation. It would seem from the evidence, that at that time the purpose was to execute their designs at a much earlier date than they did ; and that this delay was occasioned by the Canada conspirators.

Surratt and Booth, however, were busied from that time on in making their preparations. The first step was to enlist in the conspiracy a sufficient number of competent and reliable assistants, to each one of whom was assigned the part he was to take in it, and to train, equip, and prepare him for the part assigned him. The assassination of President Lincoln had fallen to Payne by lot ; and to him was entrusted the task of making all needed preparations. Payne had visited Canada during the fall of 1 864, and probably there made the acquaintance of Booth. To a man of Booth's sagacity, a mere glance at Payne would be sufficient to impress him with the idea that he was one of the helpers he wanted ; and as we find him as early as February, 1865, transplanted to Washington City by Booth and Surratt, and from that time on associating with them very intimately but very secretly, and without employment, or visible means, passing back and forth between Washington and Baltimore, and finally provided with quarters in Washington by Surratt, there can be no doubt that he was early enlisted in the conspiracy, and supported by the Canada Cabinet through their agents in Washington — Booth and Surratt. The author is led to 24