Social Education 75(4), pp 196–198 ©2011 National Council for the Social Studies From the Civil War to 9/11: Democracy and the Right to a Fair Trial Alan S. Marcus n the United States, our right to a fair trial is protected by the Constitution. The The Conspirator as Hollywood Text ideal of justice is a critical underpinning of our democracy. However, while the Hollywood is famous for creating “visual IUnited States is a model of an honorable and just court system most of the time, texts” that bring the past to life, broaden our constitutional rights are occasionally stretched or broken. The rationale is often traditional historical narratives, connect national security, but others assert that political shenanigans and moral lapses are the the past and the present, and enrich our real culprits. One instance when constitutional rights were suspended was the case understanding of the past. Hollywood of Mary Surratt. Surratt was one of eight people accused in the plot to assassinate is also infamous for creating composite Abraham Lincoln. Her story is explored in the filmThe Conspirator, released on April characters, distorting historical time, 15, 2011, to coincide with the anniversary of Lincoln’s death and the 150th anniversary playing loose with the historical record, of the Civil War. In this article, I analyze The Conspirator through four questions that and “enhancing” films with fictional teachers can apply to any historical film they show.1 elements.4 When evaluating a “Hollywood his- The Case of Mary Surratt death warrant despite a recommendation tory” film as an historical text there are Although Mary Surratt denied any from the military judges that her sentence four particularly relevant and revealing involvement in the assassination of be commuted to life in prison. questions that teachers can ask: Abraham Lincoln, on June 30, 1865, she was condemned to hang for treason, con- The Conspirator How accurate is the film? spiracy, and plotting murder. Surratt was The Conspirator is the first film cre- Particularly, where does the film the only woman standing trial in the plot ated by The American Film Company, use historical evidence, and where to kill Lincoln and was the first woman a studio established explicitly to produce does it stray from the historical ever executed by the United States gov- films that tell “true” narratives about the record? ernment. American past. In an interview for this Surratt was certainly a Confederate article, COO (Chief Operating Officer) What perspectives does the film sympathizer, and she owned a board- Alfred Levitt said that prominent histo- promote or empathize with? Whose ing house where John Wilkes Booth and rians play a critical role in making the point of view dominates? others convened for some of the assas- company’s films so that “each production sination planning.2 But was she guilty remains true to the history from which it How is the film a reflection of the of participating in the conspiracy, and is drawn.”3 Directed by Robert Redford time in which it was created? did she receive a fair trial? Surratt was and starring James McAvoy as Frederick not convicted by a jury of her peers, nor Aiken (Surratt’s attorney), Kevin Kline What educational opportunities was she afforded many of the other rights as Secretary of War Stanton, and Robin does the film create? to a fair trial. Instead, she was tried by Wright as Mary Surratt, the film’s central a nine-member military commission. narrative revolves around Surratt’s trial President Andrew Johnson signed her and her interactions with Aiken. Social Education 196 The hanging of Mary Surratt (far left) and three other conspirators, July 7, 1865. (Courtesy of the Library of Congress, LC-DIG- cwpb-04230) Here, I answer these questions for The writer Solomon, he had to do his best to sion: the point of view from which the Conspirator. recreate the courtroom audience reac- narrative unfolds and the perspectives tion and conversations that took place on Surratt’s innocence or guilt. The Accuracy outside of the courtroom, particularly Conspirator is about Mary Surratt, but As an historical text The Conspirator between Surratt and Aiken during his the narrative is told through the character does better than the average Hollywood visits to her jail cell. And, says Levitt, the of her attorney, Frederick Aiken. Aiken film at adhering to the historical record, film had to honor the way people really was a civil war hero who reluctantly took though it is not devoid of typical spoke during the period while balancing the case. This point of view helps the Hollywood conventions. Screenwriter that with language and a style to which audience connect to the film through a James Solomon began work on the script modern audiences could relate. However, good-looking and intelligent war hero in the early 1990s. In an interview for what Solomon said was his most daunting who is unsure of Surratt’s innocence this article, he explained how he used challenge in terms of historical accuracy or guilt. It allows Secretary Stanton to court transcripts from Surratt’s trial, was recreating the emotions of characters, be a clear antagonist and presents the press accounts, and journal entries to how they might feel about or react to a audience with a choice about whether to recreate the trial and overall historical particular event. For emotional accuracy believe Surratt’s innocent plea. I asked events. The American Film Company he relied on reading diaries of the time Solomon why he chose Aiken’s perspec- then vetted the script through several to understand people’s feelings and emo- tive as the narrative device through which historians, including James McPherson. tions. Finally, the film’s creators went to to tell the story. Solomon did not offer a These historians stayed on as consul- great lengths to accurately portray the complicated rationale, but said he chose tants throughout filming. While the film’s historical setting (clothing, buildings, Aiken simply because he connected emo- accuracy is enhanced through the use hair style, etc.). For example, to recre- tionally to the character. When he began of historical documents and historians, ate the look of wallpaper for scenes shot writing and researching the screenplay, there are gaps in the historical record. indoors, they steamed period style wall- Solomon was similar in age to Aiken and CO O Levitt explained that the film takes paper with tobacco smoke. was dealing with similar issues of per- some dramatic license to fill in those gaps sonal responsibility and loyalty to family because “history doesn’t record every Perspectives and Point of View and friends. Solomon is also a former single moment, every conversation or There are two aspects of The Conspirator journalist, as was Aiken. Interestingly, thought.” Therefore, according to screen- related to perspective that merit discus- Solomon remarked that were he starting September 2011 197 the script today, he would be more likely about the aims of the screenwriter or the highlight the story of a woman or a group to tell the story through the point of view original intent of the film. of women, especially for the Civil War. of Surratt or perhaps Stanton. Solomon Some may argue that this achievement BE INSPIRED. is now older, married, and a father (one Educational Opportunities is tempered by the fact that the woman of his children is named Lincoln). With We know that films can motivate stu- featured is not a clear-cut protagonist; his new perspective as a parent and as dents, develop historical empathy, reflect depending on an individual’s response to an older person, he now feels stronger the time period in which they were cre- the film, she could be seen as a protago- Share your connections with these other two char- ated, bring the past alive, and spark dia- nist or an antagonist. Nevertheless, the acters. logue about controversial issues.5 The film can be used to bring a woman’s per- Solomon commented that another sig- Conspirator provides insight into a little spective into the history classroom and, nificant tribulation was deciding how the known, engaging, and illuminating epi- used in conjunction with other sources, film would portray Surrat’s innocence or to explore issues of women’s agency in guilt. What did she know or not know? history. For a set of guiding questions and Solomon asked this question as he excellent activities about the right to a fair PASSION. searched through historical documents. trial, women in history, and the impact His approach was to let the film provide of presidential assassinations, download a degree of ambiguity so that ultimately the film’s education guide (see Teacher 2011-2012 TEACHER INSTITUTE SERIES the audience must judge for themselves. Resources). Professional Development on the American Civil War What Solomon does do is allow Surratt’s As teachers continue to evaluate the point of view to be heard through Aiken’s potential of Hollywood history films Join us for workshops, presentations, and historic tours. Come away with a multitude of resources to help you pro- character, at least to the degree possible for use in the classroom, the four ques- (Photo courtesy of the American Film Company) vide the optimal instruction on the American Civil War. given the available evidence. While the tions presented here around accuracy, film does not clearly endorse Surratt’s perspective, reflection of time period, FREE for K-12 Educators innocence or guilt, it does take a stand and educational opportunities, can Includes Continuing Education Units that Surratt did not receive a fair trial. guide their analysis and pedagogical Travel Scholarships are Available decisions.