Accordingly he wrote a long, sophistical, absurd opinion, in
which he mixed up the law of nations and the "laws of war," and emerged
out of the fog very accurately at the precise point at which he was
expected to arrive. Not that fault should be found with him for
performing this feat; it was simply one of many instances, furnished by
the war, of the homage which necessity pays to law and which law repays
to necessity. That which must be done must also be stoutly and
ingeniously declared to be legal. It was intolerable that the men should
escape, yet their condemnation must be accomplished in a respectable
way. So the Military Commission was promptly convened, heard the
evidence which could be got together at such short notice, and found
all the accused guilty, as undoubtedly they were. The men were a
miserable parcel of fellows, belonging in that class of the community
called "roughs," except only Mudd, who was a country doctor. Mrs.
Surratt was a fit companion for such company. Herold, Atzerodt and Payne
were hanged on July 7; O'Laughlin, Spangler, Arnold, and Mudd were sent
to the Dry Tortugas, there to be kept at hard labor in the military
prison for life, save Spangler, whose term was six years. Mrs. Surratt
was also found guilty and condemned to be hanged. Five members of the
commission signed a petition to President Johnson to commute this
sentence, but he refused, and on July 7 she also met the fate which no
one could deny that she deserved.
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