[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1885 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1885

To direct the Secretary of the Army to set aside the conviction of Dr. 
 Samuel A. Mudd by a military commission in 1865 for aiding, abetting, 
   and assisting the conspirators who assassinated President Abraham 
                                Lincoln.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 1997

 Mr. Hoyer (for himself and Mr. Ewing) introduced the following bill; 
        which was referred to the Committee on National Security

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of the Army to set aside the conviction of Dr. 
 Samuel A. Mudd by a military commission in 1865 for aiding, abetting, 
   and assisting the conspirators who assassinated President Abraham 
                                Lincoln.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) On June 29, 1865, Dr. Samuel A. Mudd of the State of 
        Maryland was convicted by a military commission in Washington, 
        D.C., of aiding, abetting, and assisting the conspirators who 
        assassinated President Abraham Lincoln.
            (2) The conviction of Dr. Mudd was based on evidence of 
        guilt that fell so far short of meeting the prosecution's 
        burden of proof that such conviction amounted to a denial of 
        due process of law which was so extreme as to constitute 
        fundamental unfairness.
            (3) Because the conviction of Dr. Mudd was not based on 
        sufficient evidence and resulted in a denial of due process of 
        law, the Secretary of the Army should set aside the conviction.

SEC. 2. DIRECTION TO SET ASIDE CONVICTION.

    The Secretary of the Army shall set aside the conviction of Dr. 
Samuel A. Mudd of the State of Maryland that was entered on June 29, 
1865, for aiding, abetting, and assisting the conspirators who 
assassinated President Abraham Lincoln.
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