cover by testimony, that its practical and preisplayed. It was by means of this freedom of t of conspiracy, which gave to these cases so oled to be traced and exposed, and that the fact appeared in proof were fruits borne by the read was published to the community and to the f tribunal, and by no other known mode of have been so successfully attained; and it may and agency of the Military Commission one of the nals of the rebellion would have been lost to hisreliable disclosure of its inner and real life, alike have failed to be developed. President, who, as commander-in-chief, unhesiin the suppression of crimes connected with the e military departments and other commanders, ly availed themselves of its simple but potent islatures, which, recognizing its continuance as ve confirmed and increased its jurisdiction; and ase of the people at large, who, disregarding the aised against it, have appreciated its service to timony to its value, as an arm of the military by the fairness of its judgments and by its enshould be publicly and formally borne by this J. HOLT, er the foregoing charge and specification, the the jurisdiction of the court. Their plea was, ruled, whereupon they severally pleaded not he case upon its merits immediately commenced, th of June, when all the evidence having been or the prosecution and in behalf of the prisoners ission proceeded to deliberate upon their findings. ronounced by the court were as follows: dt, and Payne were found guilty, except of the and conspiracy with Edward Spangler in the aced to death. guilty, except of the words alleging conspiracy er receiving and concealing in her house the in, and was sentenced to death. lay in wait for, with intent to Samuel Arnold was found gu Having been personally judge advocate of the commi into an elaborate discussion consideration of the court. After a trial continuing fo hundred witnesses were exa the rights of the accused w counsel of their own select presented above. a I feel further relieved fr record, because of the full and fact arising in the case, Judge Advocate Bingham, t is respectfully made. The opinion is entertaine findings of the commission that the highest consideratio of the lives of the officers of on these findings should be Respectfully submitt Argument of John A. Bingham defence of Mary E. Surratt an ham Lincoln, late President of MAY IT PLEASE THE COUR alleged to have been committed crime the atrocity of which has agreed upon and attempted by combination of atrocities with the prisoners at your bar are g in pursuance thereof, as set fort nation of which rests solely wit are the sole judges of the law a In presenting my views upon defence, and also on the testim IU IU, WY LULL mech to muci, Leutenant Generai uram, anu aiso vI ging conspiracy with Spangler, and was sentenced to imprisonment for Arnold was found guilty, except of conspiring with Edward Spangler, sentenced to imprisonment for life. 1 A. Mudd was found guilty, excepting of the words alleging conspiracy ngler, and those which allege his receiving and concealing Payne, O'Laughlin, Atzerodt, Arnold, and Mary E. Surratt in his house, and enced to imprisonment for life. ading in the case of Edward Spangler was, of the charge, not guilty; of having feloniously and traitorously aided and abetted J. Wilkes making his escape, after having killed and murdered Abraham Lincoln, of the United States; he, the said Spangler, at the time of aiding ing, as aforesaid, well knowing that the said Abraham Lincoln, Presithe United States, as aforesaid, had been murdered by the said J. Booth, as aforesaid; and of the specification, not guilty, except as to ds which allege substantially the crime of which he was convicted charge. He was sentenced to six years' imprisonment in a peniten g been personally engaged in the conduct of the foregoing case as Focate of the commission, I deem it unnecessary to enter in this report aborate discussion of the immense mass of evidence submitted to the tion of the court. trial continuing for fifty-three days, in which between three and four witnesses were examined for the prosecution and defence, and in which s of the accused were watched and zealously guarded by seven able f their own selection, the commission have arrived at the conclusions above. further relieved from the duty of submitting a detailed review of the cause of the full and exhaustive examination of the questions of law rising in the case, which is to be found in the argument of Assistant vocate Bingham, to which, it forming a part of the record, reference fully made. inion is entertained that the proceedings were regular, and that the f the commission were fully justified by the evidence. It is thought highest considerations of public justice, as well as the future security es of the officers of the government, demand that the sentences based indings should be carried into execution. spectfully submitted: J. HOLT, Judge Advocate General. f John A. Bingham, special judge advocate, in reply to the several arguments in Mary E. Surratt and others, charged with conspiracy and the murder of Abraln, late President of the United States, &c. PLEASE THE COURT: The conspiracy here charged and specified, and the acts ive been committed in pursuance thereof, and with the intent laid, constitute a rocity of which has sent a shudder through the civilized world. All that was and attempted by the alleged inciters and instigators of this crime constitutes a of atrocities with scarcely a parallel in the annals of the human race. Whether 3 at your bar are guilty of the conspiracy and the acts alleged to have been done thereof, as set forth in the charge and specification, is a question the determiich rests solely with this honorable court, and in passing upon which this court udges of the law and the fact. ing my views upon the questions of law raised by the several counsel for the also on the testimony adduced for and against the accused, I desire to be just and just to my own convi sed, and, in my judgment, the highest interests of e people of this country that the prisoners at your ted or acquitted. A wrongful and illegal convicpon this dread issue would impair somewhat the the stability of the republic. your record is not simply the crime of murdering a ng and murdering on the 14th day of April, A. D. Washington and the intrenched lines thereof, AbraUnited States, and commander-in-chief of the army saulting, with intent to kill and murder, William H. United States; and then and there lying in wait to Vice-President of the United States, and Ulysses S. ›mmand of the armies of the United States, in pured into by the accused with one John Wilkes Booth on of Jefferson Davis, Jacob Thompson, and George by to aid the existing rebellion and subvert the Conspiracy was formed and this great public crime comn of no right, for the redress of no wrong, but was gigantic assassination. In resisting and crushing no step backward, and cast no reproach upon their proclaim the self-evident truth that whenever govof its creation, it is the right and duty of the peohese four years of conflict they have as clearly proh by law and by arms, that the government of their istered, oppressive of none and just to all, shall not med rebellion. ny of its duly constituted agents done to any of the ? They themselves being witnesses, the governact, and attempted no act, injurious to them, or in zens and men; and yet for four years, without cause iters and instigators of the conspiracy charged upon esisted the lawful authoriry of the government, and epublic from the map of nations. Now that their ag before the victorious iegions of the republic, the your government secretly conspire with their hired if possible, what they have in vain attempted by overnment of the United States and the subversion his secret conspiracy in the interest of the rebellion, that rebellion, and in pursuance of which the acts e been done and with the intent laid, that the accused rge does not indict the whole people of any State or his unnatural and atrocious conspiracy and crime. he discharge of his duty as commander-in-chief of sted in him by the Constitution and laws of the Unitary court, to hear and determine the issue joined you a court for no other purpose whatever. To this have pleaded, first, that this court has no jurisdiction ty. As the court has already overruled the plea to in silence by me but for the fact that a grave and ounsel for the accused, not only to show the want of of the United States before the country and the -es and the liberties of the prisoners. Denying the his commission is an averment that this tribunal is ence, and therefore no power to hear and determine for the accused, when they make this averment by and to their country to show how the President could rge the duty enjoined upon him by his oath to proon of the United States, and to take care that the ot denied. It is charged that in aid of this existing by the accused, incited and instigated thereto by the er the executive officers of the government, and the States, and that this conspiracy was partly executed by a murderous assault upon the Secretary of State; t, that although the facts be as charged, though the ble and eager to complete the horrid work of assas dered President is a usurper if he closed throughout half the republ At the time this conspiracy was tered upon this trial, the country have, since this trial begun, shed by whose hand his co-conspirators on the 14th of last April, could not by the military power of the gover tion -a violation of the right gu against which and for the subve dent? Who in all this land is boi I would be glad to know by wha his military orders, is justified in and is condemned for arresting in ing to the laws of war, any or all crime, by a military tribunal of jutegrity and impartiality are abov themselves. The argument against the jurisd time of insurrection and civil war mission or court-martial, save cri ted States, or in the militia of the United States. But that is not a diction the accused have the righ dicial tribunal and has no legal e This is a most extraordinary pr laws of the United States, was no this court for the trial of the accus gentlemen who compose the tribun or in law a court. That I do not misstate what is d accused, I ask the attention of the propositions: That Congress has not authorized pointment of this commission. as a That this commission has, We have had no common exhibit The members of this court are off event the consummation of this traitorous conspiracy in aid of this treasonable The civil courts, say the counsel, are open in the District. I answer, they are ghout half the republic, and were only open in this District on the day of this u and conspiracy, on the day of the traitorous assassination of your President, open at this hour, by force of the bayonet. Does any man suppose that if the es which garrison the intrenchments of your capital, fifty thousand strong, were n, the rebel bands who this day infest the mountain passes in your vicinity this court, or any court, to remain open in this District for the trial of these their , or would permit your executive officers to discharge the trust committed to enty-four hours? e this conspiracy was entered into, and when this court was convened and enhis trial, the country was in a state of civil war. An army of insurrectionists his trial begun, shed the blood of Union soldiers in battle. The conspirator, nd his co-conspirators, whether present or absent, jointly murdered the President of last April, could not be and was not arrested upon civil process, but was pursued ry power of the government, captured, and slain. Was this an act of usurpalation of the right guaranteed to that fleeing assassin by the very Constitution h and for the subversion of which he had conspired and murdered the Presiin all this land is bold enough or base enough to assert it? glad to know by what law the President, by a military force acting only upon orders, is justified in pursuing, arresting, and killing one of these conspirators, nned for arresting in like manner, and by his order subjecting to trial, accordvs of war, any or all of the other parties to this same damnable conspiracy and military tribunal of justice-a tribunal, I may be pardoned for saying whose inimpartiality are above suspicion, and pass unchallenged even by the accused ent against the jurisdiction of this court rests upon the assumption that even in ection and civil war no crimes are cognizable and punishable by military comourt-martial, save crimes committed in the military or naval service of the Uniin the militia of the several States when called into the actual service of the 8. But that is not all the argument; it affirms that under this plea to the jurisccused have the right to demand that this court shall decide that it is not a jual and has no legal existence. most extraordinary proposition-that the President, under the Constitution and nited States, was not only not authorized but absolutely forbidden to constitute the trial of the accused, and, therefore, the act of the President is void, and the ho compose the tribunal without judicial authority or power, and are not in fact urt. not misstate what is claimed and attempted to be established on behalf of the k the attention of the court to the following as the gentleman's (Mr. Johnson's) ess has not authorized, and, under the Constitution, cannot authorize the apthis commission. 66 ommission has, as a court, no legal existence or authority," because the Presone appointed the commission, has no such power. t is a mere nullity-the usurpation of a power not vested in the Executive, gno authority upon you." ad no common exhibition of law learning in this defence, prepared by a senated States; but with all his experience, and all his learning and acknowledged failed, utterly failed, to show how a tribunal constituted and sworn, as this uly try and determine the charge and specification against the accused, and by not authorized to hear or determine any other issues whatever, can rightfully an by any possibility pass upon, the proposition presented by this argument an for its consideration. rs of this court are officers in the army of the United States, and by order of as commander-in-chief, are required to discharge this duty, and are authorpacity to discharge no other duty, to exercise no other judicial power. Of commission of the President constitutes this a court for the trial of this case court it is competent to decide all questions of law and fact arising in the trial But this court has no power, as a court, to declare the authority by which it d null and void, and the act of the President a mere nullity, a usurpation. Has by the learned gentleman, who demands that this court shall so decide, that rmy may lawfully and constitutionally question in this manner the orders of er-in-chief, disobey, set them aside, and declare them a nullity and a usurif it be conceded that the officers thus detailed by order of the commandernestion and utterly disregard his order and set aside his authority, is it possitre of things, that any body of men, constituted and qualified as a tribunal of in judgment upon the proposition that they are not a court for any purpose, 14 W this remarkable argument for the defence: before this e want of authority in the President to constitute them and decide the very point in issue, that the President n law and in fact a judicial tribunal; and having ass such judicial tribunal, to finally and solemnly decide in law a judicial tribunal, but a mere nullity and nonnclusion! ve great reverence for judicial authority, and requires pardoned for saying that the objection which I urge, tribunal, after being officially qualified as such, enterg, the proposition that it has no legal existence as a usurpation and without authority of law, has been of the United States. of the judicial office is a recognition of the authority ould enter upon the inquiry (whether the authority of xisted,) and should come to the conclusion that the gov à put aside, it would cease to be a court and be incapaupon the question it undertook to try. If it decides at he existence and authority of the government under (Luther vs. Borden, 7 Howard, 40.) he learned ger tleman in his argument-that there was eact alone this tribunal was constituted, to vest it with by the order upon your record, as has already been his issue for want of authority in the commander-ine no court, and have no power to try any issue, because This alone. attainments to apply the ruling of the highest judicial the point raised, not by the pleadings, but by the arguribunal by authority only of the President of the United an acknowledgment of the validity of the authority no authority to order, direct, and constitute this court did, iu so constituting it, perform an unconstitutional at the order of the President is void and of no effect; constitute this a tribunal of justice, and therefore its a judicial decision upon the question presented. en the question here presented and that raised by a plea existence as a court is neither questioned nor denied. es, by a learned senator and a distinguished lawyer, ose authority alone this court is constituted a tribunal lawful, it is void and of no effect, and has created no a court, can have no more power as a court to decide individual members power to decide that they as men the perfection of human reason-that what is impos I tribunal can decide the question that it does not exist, decide that he does not exist? elaborately urged upon the consideration of this court contempt of sensible men by the pretence that the court is not a court, but only that it has no jurisdiction; for ole argument for the defence on this point is that the to issue the order by which alone this court is constin is null and void. preme Court of the United States, upon a plea to the the President had no lawful authority to nominate the and that the Senate had no lawful authority to advise o ask this court to decide, as a court, that the order of stituting it a tribunal for the sole purpose of this trial , but against and in violation of law. If this court is ce, and can no more speak as a court than the dead, uired at its hands-that it is not a court, and that the stituting it such to try the question upon the charge nded his authority and violated his oath of office. considera It is a sufficient answer to say to . as the military commander of a Here I might leave this questi A representative of the people |