Answer. There has not. I have taken especial paints to carry out all the rules established before. I had the prisoners, who were released by the rioters, rearrested, and arrested one of the men engaged in the riot. Upon going to the guard-house, he asked the men who arrested him what he was going for, and upon their declining to give him any answer, said he "would be damned if he would go until he knew what he was sent for." The officer of the day informed me that he remarked as he went into the guard house that he would come out of there or lose his life. I then instructed the officer of the day to confine him in the dungeon, which is reached by a door from the main guard-house, and take extra precautions that the prisoner did not escape.
Question. What was the cause of the arrest of the prisoner referred to?
Answer. His captain, Captain James Miller, reported to me on the night of the 9th that he, the prisoner, made an attempt to bayonet him. I then ordered his arrest, and directed the captain to prefer charges against him.
Question. What would be the effect if Lieutenant-Colonel Benedict was ordered back to the regiment?
Answer. I think it would be very injurious to the regimen to have him returned. I do not think I should have any trouble in controlling the men; still, I think there would be a very discontented feeling among the men.
Question. Do not the men fell that they have carried their point in having Lieutenant-Colonel Benedict kept away from his post?
Answer. I have heard no remarks to indicate their idea upon the subject, but my idea is that they fell so.
Question. Have the men ever made any complaints to you previous to the disturbance of the 9th instant? And, if so, please state what they were, and how made.
Answer. I remember no complaints except in the case of pay. Their individual complaints I make them go to their company commanders with, and let them refer them to me. About the last of October, one company, immediately after being paid, turned out, and were coming toward my quarters, where the paymaster was. I ordered them to their quarters, and arrested two sergeants, who, I understood, were instrumental in starting the thing. I afterward sent for them, and told them the consequences that must follow from such action, and explained to them, as I had instructed the company officers to do before, that the amount of their pay was not definitely settled, and would not be until Congress convened. Upon the promise of future good behavior, I released them. Afterward the company sent me word that they were sorry, and such a thing should not occur again.
The commission then adjourned to meet again at 2 p.m.
G. NORMAN LIEBER,
Major and Judge-Advocate.
FORT JACKSON, LA.,
December 12, 1863-2 p.m.
The court met pursuant to adjournment.
Examination of Colonel CHARLES W. DREW resumed.
Question. How do you explain your opinion that the return of Lieutenant-Colonel Benedict would be injudicious if the men think they have gained their point? How will the men be controlled if they gain their point?
Answer. I think it would be injudicious in this way: The feeling of hatred toward Lieutenant-Colonel Benedict would remain, though they would obey my orders without any difficulty.
Question. When you say that the men considered they have triumphed, is your opinion based upon what they have said or done?
Answer. It is not. I have heard nothing that they have said or done that would make me think so. I only form that opinion as a natural consequence.