TO THE PRESIDENT OF THE UNITED STATES.

The President promptly overruled the judgment and sentence. The

result was received with manifestations of joy. The defendants,

whose cruel prosecution had been protracted for six months,

had an ovation in the congratulations of their friends and

fellow-citizens. Strangers at a distance, feeling that public

liberty had suffered through them, sent their sympathy. The

press gave expression to the prevailing sentiment. Nor was Mr.

Sumner forgotten. The defendants made haste by telegraph to

say: “Accept the lasting gratitude of Smith Brothers, their

families, and their many friends.” Others wrote in the same

spirit,--as, for instance, J. C. Hoadley, of New Bedford, who,

though not knowing the sufferers, said: “I thank you, in the

name of all fair dealing, for your opinion upon the case of

Franklin W. Smith”; and John Clark, who, having been connected

with the press in Boston, had passed into the public service,

wrote from Norfolk:--

“Will you permit me to thank you for your able exposition

of the case of the Smith Brothers? I do not know those

parties; but I am interested in public liberty, and I have

seen no abler defender of it, since the beginning of the

war, than you have shown yourself to be on this occasion. I

thank you, Sir.”

From these expressions it appears that the effort of Mr. Sumner

was regarded as not only a defence of the individual citizen,

but a contribution to good government. The testimony of Mr.

Clark was of the more value, as he had not been accustomed to

sympathize with Mr. Sumner in his public course.

* * * * *

Independent of its character, this case has an incidental

interest. It was one of the last, if not the last, having a

personal relation, that ever occupied the mind of President

Lincoln. His indorsement, overruling the judgment and sentence,

bears date March 18th. This was Saturday. Meanwhile the

Rebellion was about to fall, and the President left Washington,

by boat, Thursday, March 23d, for City Point, the headquarters

of the Army of Virginia, where he remained till after the

surrender of Richmond, returning to Washington Sunday evening,

April 9th, and being assassinated Friday evening, April 14th.

* * * * *

Some circumstances associated with this case help exhibit the

character of the President. They will be stated briefly. As

soon as Mr. Sumner had prepared his Opinion, he hurried to

the President. It was late in the afternoon, and the latter

was about entering his carriage for a drive, when Mr. Sumner

arrived with the papers in his hand. He at once mentioned the

result he had reached, and added that it was a case for instant

action. The President proposed that he should return the next

day, when he would consider it with him. Mr. Sumner rejoined,

that, in his opinion, the President ought not to sleep on

the case,--that he should interfere promptly for the relief

of innocent fellow-citizens,--and urged, that, if Abraham

Lincoln had suffered unjust imprisonment as a criminal, with

degradation before his neighbors, an immense bill of expense,

a trial by court-martial, and an unjust condemnation, he would

cry out against any postponement of justice for a single day.

The President, apparently impressed by Mr. Sumner’s earnestness

and his personal appeal, appointed eleven o’clock that evening,

when he would go over the case, and hear Mr. Sumner’s Opinion.

Accordingly, at eleven o’clock that evening, in the midst of a

thunder-storm, filling the streets with water, and threatening

chimneys, Mr. Sumner made his way to the Presidential mansion.

At the very hour named he was received, and at the request

of the President proceeded to read his Opinion. The latter

listened attentively, with occasional comments, and at the

close showed his sympathy with the respondents. It was now

twenty minutes after midnight, when the President said that

he would write his conclusion at once, and that Mr. Sumner

must come and hear it the next morning,--“when I open shop,”

said he. “And when do you open shop?” Mr. Sumner inquired.

“At nine o’clock,” was the reply. At that hour Mr. Sumner was

in the office he had left after midnight, when the President

came running in, and read at once the indorsement in his own

handwriting, as follows:--

“I am unwilling for the sentence to stand and be

executed, to any extent, in this case. In the absence

of a more adequate motive than the evidence discloses,

I am wholly unable to believe in the existence of

criminal or fraudulent intent on the part of one of such

well-established good character as is the accused. If the

evidence went as far toward establishing a guilty profit

of one or two hundred thousand dollars, as it does of one

or two hundred dollars, the case would, on the question of

guilt, bear a far different aspect. That on this contract,

involving from one million to twelve hundred thousand

dollars, the contractors should attempt a fraud which at

the most could profit them only one or two hundred, or even

one thousand dollars, is to my mind beyond the power of

rational belief. That they did not, in such a case, strike

for greater gains proves that they did not, with guilty or

fraudulent intent, strike at all. The judgment and sentence

are disapproved and declared null, and the accused ordered

to be discharged.

“A. LINCOLN.

“March 18, 1865.”

Then followed an incident as original as anything in the

life of Henry the Fourth, of France, or of a Lacedæmonian

king. As Mr. Sumner was making an abstract of the indorsement

for communication by telegraph to the anxious parties, the

President broke into quotation from Petroleum V. Nasby, and,

seeing that his visitor was less at home than himself in this

patriotic literature, he said, “I must initiate you,” and then

repeated with enthusiasm the message he had sent to the author:

“For the genius to write these things I would gladly give up

my office.” Then rising and turning to a standing-desk behind,

he opened it and took out a pamphlet collection of the letters

already published, which he proceeded to read aloud, evidently

enjoying it much. For the time he seemed to forget the case

he had just decided, and Presidential duties. This continued

more than twenty minutes, when Mr. Sumner, thinking there must

be many at the door waiting to see the President on graver

matters, took advantage of a pause, and, thanking him for the

lesson of the morning, left. Some thirty persons, including

Senators and Representatives, were in the anteroom as he passed

out.[185]

Though with the President much during the intervening days

before his death, this was the last business Mr. Sumner

transacted with him.

Charles Sumner: his complete works, volume 12 (of 20) · 第 77 / 126 题