War of the Rebellion: Serial 118 Page 0638 PRISONERS OF WAR AND STATE, ETC.

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Question. Referring to two citizens of Kentucky tried by military court in Cincinnati did I not say that what they were charged with was actual treason punishable by death, and that if guilty the penalty by statute was hanging, and they ought to be hung after being tried by a judicial court and a jury; instead of which they had been tried by a military court as I understood and sentenced to fine and imprisonment, one of them a fine of $300?

Answer. That was in substance what he said.

Question. Did I not also say in that connection that the rebel officer who was tried as a spy by the military court at Cincinnati was legally and properly tried and convicted according to the Rules and Articles of War; that was a clear case where the court had jurisdiction?

Answer. It is my recollection that he denounced the court as an unlawful tribunal ad that he did use the above language, and then gave the instances referred to in my direct testimony. He probably did refer to Campbell's case.

(The judge-advocate stated that the accused did distinguished in his speech the different cases for the purpose of showing jurisdiction, condemning those cases in which he held the court to have no jurisdiction and approving the case of the spy.)

Question. Did I not distinctly in the conclusion of the speech enjoin upon the people to stand by the Union at all events, and that if war failed not to give the Union up; to try by peaceable means, by compromise to restore it as our fathers made it, and that though others might consent or be forced to consent I would not myself be one of those who would take any part in agreeing to a dissolution of the Union?

Answer. Yes. He said he and the peace men were the only ones who wished the restoration of the Union.

Question. Did not one of the "banners" you refer to as decorated with "butternuts" bear the inscription, "The Constitution as it is and the Union as it was?"

Answer. One of them bore that inscription.

Question. Do you means to be understood to say that I heard the reference to Jeff. Davis or gave any assent to it whatever?

Answer. I cannot say that he did. It was said loud enough for him to hear if his attention had been directed that way. He gave no assent neither did he give any dissent.

Question. What was the size of the crowd assembled there that day?

Answer. It was very large.

The commission adjourned to meet again at 9. 30 o'clock a. m. on Thursday, the 7th instant.

ROBERT B. POTTER,

Brigadier-General of Volunteers, President.

J. M. CUTTS,

Captain, Eleventh Infantry, Judge-Advocate.

THIRTEENTH DAY.

CINCINNATI, OHIO, Thursday, May 7, 1863

The commission met pursuant to adjournment.

Present, Brigadier-General Potter, Lieutenant-Colonel Goodrich, Major Brown, Captain Lydig, Colonel De Courcy, Major Van Buren, Major Fitch, and judge-advocate.

The proceedings of the preceding day were read by the judge-advocate and approved.