The Writings of Carl Schurz/To President Johnson, May 13th, 1865
TO PRESIDENT JOHNSON
Permit me to avail myself of the privilege you gave me, to write to you whenever I had anything worthy of consideration to suggest.
A few days ago I found it stated in the papers that the trial of the conspirators[1] was to be conducted in secret. I did not believe it until I now see [sic] it confirmed. I do not hesitate to say that this measure strikes me as very unfortunate, and I am not surprised to find it quite generally disapproved. Yesterday I returned from Philadelphia where I had spent two days, and I can assure you that among the firmest supporters of the Administration I did not hear a single voice in favor of it. I admit, I do not know what objects are intended to be gained by secrecy. I take it for granted that they are of no futile character. But if it is important that the accused should be convicted and sentenced and that, perhaps with a view to further developments, the testimony as it appears should be kept from some conspirators still at large, it is of vastly greater importance that the trial should be absolutely fair, not only in spirit but also in appearance.
When the Government charged, before the whole world, the Chiefs of the rebellion with having instigated the assassination of Mr. Lincoln, it took upon itself the grave obligation to show that this charge was based upon evidence sufficient to bear it out. I am confident you would not have ventured upon this step had you not such evidence in your possession. But the Government is bound to lay it before the world in a manner which will command the respect even of the incredulous. You will admit that a military commission is an anomaly in the judicial system of this Republic; still I will not question here its propriety in times of extraordinary dangers. At all events, to submit this case to a military commission, a case involving in so pointed a manner the credit of the Government, was perhaps the utmost stretch of power upon which the Government could venture without laying itself open to the imputation of unfair play. But an order to have such a case tried by a military court behind closed doors, thus establishing a secret tribunal, can hardly fail to damage the cause of the Government most seriously in the opinion of mankind. The presumption will be that evidence was to be elicited by a court made up for the purpose, by means not fit to be divulged; and evidence brought forth under such circumstances will certainly lose in weight what it may gain in completeness.
I repeat, I am far from supposing that the Government is unable to make good its charge; but even if it should fail to do so and admit its failure in the broad daylight of an open court, it would stand in a better attitude before the world than if it succeeded in establishing its charge only by the unseen transactions of a secret tribunal appointed for the occasion. This is the most important state-trial this country ever had. The whole civilized world will scrutinize its proceedings with the utmost interest, and it will go far to determine the opinion of mankind as to the character of our government and institutions.
I am well aware that some of the public papers which are indulging in strong language about this matter have for some time been confessedly hostile to Mr. Stanton and avail themselves of this opportunity to give color to their attacks. I may assure you that I do not belong to that class. I greatly esteem him for the eminent services he has rendered and even for his disregard of popularity, and I should deeply regret to see the honors he has won, curtailed by so vulnerable an act. But still more have I at heart the character of this Government and the success of your Administration; you may count me among its most zealous supporters and among your sincerest friends. But because I am sincere I cannot refrain from laying before you my apprehensions as to the consequences of this measure, and from testifying to the unequivocal dis approbation it has already met with among those whose opinions we are in the habit of respecting. It is still time to throw open the doors of the court-room, and I would entreat you not to hesitate.
Pardon me for this frank and unreserved expression of my views. I considered it the duty of a loyal man and the office of a friend.
- ↑ Against Lincoln and his Cabinet.