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CORNELL 
 
 UNIVERSITY 
 
 LIBRARY 
 
The date shows when this volume was taken. 
 
 A^ jfc, 
 
 AUG 1 
 
 1908 
 
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 http://www.archive.org/details/cu31924083529358 
 
THE 
 
 TRIALS FOE TREASON 
 
 AT 
 
 INDIANAPOLIS, 
 
 DISCLOSING THE PLANS FOR ESTABLISHING 
 
 North-Western Confederacy. 
 
 Being tlio Official Becord of the Trials before tlie Military CommiBBton convened by Special Orders Ko. 129, Head- 
 Quarters District of Indiana ; Brevet Major General A. P. Hotet, Commander of the District. Brevet 
 Brigadier General Silas Colqeove, President ; H. L. Buenett, of tbo Department of 
 the Ohio and Northern Department, Judge Advocate of the Oommiasion. 
 Containing the Testimony, Arguments, Finding and Sentence, in the case of Haebison H. Dodd ; also of Williav 
 A. Bdwlxs, Andeew Huhpiibets, Hobace Heffben, Lauddin P. MiLLiOAHf and Stephen Hobbet. 
 Developing the Origin, History, Extent, Names of Officers, etc., of the Secret Orders of 
 Kn ights of the Golden Circle, the Circle of Honor, the Order of American 
 * Knights, and Order of the Sous of Liberty — their (Organization, 
 Bituals, PasBwordfl, Grips, Oaths, Obligations and Fon- 
 ' alties ; their ostensible and real purposes. 
 
 With accurate lUostrations of the Greek Fire Shells, Hand Grenades, Bockets and Infernal Machines of the Con- 
 spirators, introduced In Evidence on the Trials. 
 To which is added the fnll Beport of Judge Advocate General Holt on the Order of American Knights, aliat the 
 Sons of Liberty ; a Western Conspiracy in aid of the Southern Bebellion. 
 
 EDITED BY 
 
 BENN PITMAN, 
 
 BECOEDEB TO THE mTlITABT OOMMISSIO JST. 
 
 CINCINNATI: 
 
 MOORE, WILSTACH & BALDWIN, 
 
 25 WEST FOUETH STREET, 
 
 1865. 
 

 
 %/!,T:^ 
 
 CORN^ELC 
 UNIVERSITY! 
 ^^LIBRARY 
 
 Entered according to Act of Congress, in the year 1S65, 
 
 By MOOBE, WILSTACH & BALDWIN, 
 
 In the Clerk's OfSce of the District Court of the United States for the Sonthem District of Ohio. 
 
NTRODUCTORY. 
 
 DOUBLE interest attacLes itself to the records contained in the following 
 pages: first, they contain the exposure of a plot to overthrow the 
 National GoTernment — a more perfidious, and, perhaps, more gigantic 
 conspiracy than is found in the annals of any nation; and, secondly, the fact and 
 incidents of its suppression by Martial law. 
 
 The Northern sympathizers with the Southern Eebellion sought to give it aid, 
 and insure its success, by designs both daring and malignant ; and with no other 
 purpose than to perpetuate an institution at once a reproach and an outrage to 
 civilisation. These designs were checked, and a great calamity averted, by the 
 strong arm of military power. The chief criminals were seized by military 
 authority, and tried and condemned by a military tribunal. 
 
 For the first time in tlje history of the world, this mighty power, heretofore 
 but too frequently used by kings and despots for the purpose of aggression, or 
 personal aggrandizement, has been exercised in a spirit of wise beneficence, to 
 conserve the liberty of a great and free people. But, it is asked, is not this the 
 attainment of a right by doing a great wrong? Such is the argument of the 
 enemies of the Government. 
 
 Has, then, the military power been unlawfully exercised? Has the supremacy 
 
 of the Constitution been questioned, or have its wise provisions been ignored? 
 
 Has Liberty — the priceless jewel for which the wisest and noblest have died — 
 
 been confided to faithless hands ? These are among the vital questions discussed 
 
 and decided in thp able arguments contained in this volume. 
 
 Thanks to the institutions that have so ordained, and to the progress that has 
 
 prepared us, the People are now the makers and directors of this potent, and 
 
 8 
 
IV INTRODUCTORY. 
 
 necessarily despotic arm I It is for the people, then, to determine whether they 
 or a faction shall rule; whether freedom shall continue to be the privileged 
 birthright of our children, or whether an oligarchy shall plot to destroy this Great 
 Bepublio, and erect a barbarism upon its ruins. These are questions upon which 
 every one desiring or deserving to live under the shield of a free and great 
 nation, should satisfy himself; and he can not fail to be instructed, as well as 
 deeply interested, in the developments contained in this volume. 
 
TABLE OF CONTENTS. 
 
 PASI. 
 
 Explanation of niustrations 7 
 
 Illustrations 8 
 
 Commission, Special Order for 9 
 
 Jurisdiction of the Commission, Plea 
 
 to the 9 
 
 Jurisdiction of the Commission, Argu- 
 ments in support of the Plea. 10 
 
 Judge Advocate's Reply to Argument 
 
 of Counsel 12 
 
 Charges and Specifications preferred 
 
 against H. H. Dodd 17 
 
 Felix G. Stidgeb. Testimony of. 19 
 
 Geobge E. PcGH, " " 37 
 
 Joseph Kibkpatbick, " " 38 
 
 WlLUAM CLATTOlf, " " 39 
 
 Wesley Tranter, " " 47 
 
 Elliott BoBERTsoir, " " 49 
 
 Affidavit of Counsel on the escape of 
 
 H. H. DoDD. 50 
 
 Report of Colonel 'Waener on the escape 
 
 of H. H. DoDD 50 
 
 Argument of Judge Advocate, on pro- 
 ceeding to findings and sentence in 
 
 ' absence of the accused 50 
 
 J. "W. Gordon, Reply of. 53 
 
 " " " Argument of, on the Ju- 
 risdiction of the Commission 55 
 
 M. M. Rat, Argument of.....*. 64 
 
 Judge Advocate, Reply of 67 
 
 Commission, Special Orders for. 73 
 
 Counsel, Introduction of 74 
 
 Charges and Specifications preferred 
 against William A. Bowles, Andrew 
 Humphreys, Horace Heffren, L. P. 
 
 MiLLioAN, and Stephen Horsey 74 
 
 Severance, Motions for. 77 
 
 Judge Advocate, Reply of on Severance. 78 
 
 WiLuiu M. Harbison, Testimony of.... 80 
 
 PiOK. 
 
 Circular of the O. S. L. to County 
 
 Temples 83 
 
 Letter of L. P. Milligan to General H. 
 
 H. Dodd 88 
 
 Edwin A. Davis, withdrawal of as Coun- 
 sel 89 
 
 Wesley Tbanteb, Testimony of 93 
 
 Stephen Tenet, '' " 96 
 
 Joseph J. Bingham, " " 97 
 
 Felix G. Stidger, " " 106 
 
 Thomas R. Cobb, Introduction of, as 
 
 Counsel for Stephen Horsey 114 
 
 Colonel A. J. Warner, Testimony of.... 118 
 C. L. V. (Vallandigham), Letter from... 119 
 
 Elliott Robertson, Testimony of. 119 
 
 Henry L. Zumbo, " " 120 
 
 Horace Heffren, Charges and Specifi- 
 cations canceled 123 
 
 Horace Heffren, Testimony of 123 
 
 Cyrus L. Dunham, Counsel for Heffren, 
 
 Statement of. 128 
 
 Colonel J. T. Wilder, relieved 137 
 
 James L. Mason, Testimony of. 141 
 
 Harrison Connell, " " 141 
 
 Elisha Cowgill, " " 141 
 
 James B. Wilson, " " 143 
 
 William S. Bush, " " 150 
 
 Speech of L. P. Milligan, Argument on 
 
 admissibility of, newspaper report of. 151 
 Speech of L. P. Milligan, loyal or dis- 
 loyal character of. 153 
 
 Nicholas Cochrane, Testimony of. 156 
 
 Testimony on the part of the Govern- 
 ment closed 157 
 
 William G. Moss, Testimony of 157 
 
 Argumient on the admissibility of state- 
 ments made by the acoiised in his 
 
 own favor. 157 
 
 5 
 
VI 
 
 TABLE OP CONTENTS. 
 
 Character for loyalty, etc., of A. Hitm- 
 
 PHSEYS.. 163 
 
 D. 0. Dailet, Testimony of. 165 
 
 Eev. EicHAED A. CuBBEN, Testimony of. 166 
 Argument on admissibility of state- 
 ments not expressed to any public 
 
 assembly 166 
 
 John J. Scotton, Testimony of. 169 
 
 William Satler, " " 169 
 
 Geokge Bailey, " " 169 
 
 William Allen, " " 169 
 
 William Wolf, " " 170 
 
 W. M. SWASET, " " 170 
 
 Geo. Bailey (recalled) " " 170 
 
 William Wines, " " 171 
 
 William Johnson, " " 171 
 
 William C. Kochee, " " 172 
 
 Joseph Johnson, " " 172 
 
 Samuel Winters, " " 173 
 
 G. R. Corlew, " " 176 
 
 Samuel F.Day, " " 177 
 
 OoHMiG Bird, " " 177 
 
 B. F. Ibach, " " 179 
 
 Captain Samuel Place, " " 180 
 
 G. R. Corlew (recalled)" " 180 
 
 Moses W. Milligan, " " 180 
 
 Edward Price, " " 180 
 
 S. G. Burton, " " 181 
 
 Speech of A. Humphreys, Argument on 
 the admissibility of what he said as 
 
 to right of secession, etc 181 
 
 Willis G. Neff, Testimony of. 185 
 
 John Roach, " " 186 
 
 Wilson B. LocKBiDGE, " " 186 
 
 Samuel McGaughey, " " 187 
 
 Cutter S. Dobbins, " " 187 
 
 Harrison CoNNELL, " " 187 
 
 William N. Eannet, " " 187 
 
 Gen. Altin P. Hotey, " " 188 
 
 M. B. Brant, " " 188 
 
 W.J Smith, " " 188 
 
 Samuel Chandler, " " 189 
 
 D. Garland Rose, " " 189 
 
 Edward Harrison, '^ " 189 
 
 John Nate, " " 189 
 
 W. C. Smock, " " 189 
 
 Datid Stockman, " " 189 
 
 Jacob Farling, Testimony of. 189 
 
 Wm. R. Taylor, " " 190 
 
 R. C. Booking, " " 190 
 
 Wm. H. Chapman, " " 191 
 
 William Johnson, " " 191 
 
 SAMirt;L D. Price, " " 191 
 
 Thurston W. Ritting, " " 191 
 
 BORZILLAI MeSSLER, " " 191 
 
 Thomas G. Smith, " " 192 
 
 Mrs. Elizabeth T. Simons, Testimony of. 192 
 Impeaching of the Testimony of Rich- 
 ard A. CuRREN, Argument on. .192 
 
 Jonathan W. Gordon, Argument of. 195 
 
 M. M. Ray, " " 224 
 
 J. R. COFFROTH, " " 238 
 
 Judge Advocate Burnett, Reply of. 249 »' 
 
 Explanation of Initials employed in the 
 
 Rituals 295 
 
 Knights of the Golden Circle, Ritual of. 297 
 
 Sons of Liberty, First Degree (I) 299 
 
 Sons of Liberty, Vestibule Lesson, (S. L.) 302 
 Sons of Liberty, First Degree (0. S. L.) 303 
 Sons of Liberty, First Conclave or Sec- 
 ond Degree (I) 305 
 
 Sons of Liberty, Second Conclave or 
 
 Third Degree (II) 308 
 
 General Laws of the Order of Sons of 
 
 Liberty 308 
 
 Constitution of the Grand Council of 
 
 S. L. of Indiana 311 
 
 Constitution and Laws of the Supreme 
 
 Grand Council 314 
 
 Proceedings of the Grand Council State 
 
 of Indiana 315 
 
 Address of the Grand Commander State 
 
 of Indiana 316 
 
 Resolutions of the Grand Council State 
 
 of Indiana 319 
 
 Report of the Grand Secretary State of 
 
 Indiana 319 
 
 Holt, Judge Advocate General, Ofllcial 
 
 Report of. 323 
 
 Letter from General Heintzelman to 
 
 Major Genefel Halleck 339 
 
 H. H. Dodd, Letter of, to the Cincinnati 
 
 Enquirer 340 
 
EXPUNATION OF THE ILLUSTRATIONS. 
 
 No. 1 is a seemingly harmless portmanteau. 
 
 No. 2 exhibits its internal arrangement. An 
 alarm-clock, with the bell remoyed, set to any 
 given time, springs the lock of a gun, the 
 hammer of which, striking and exploding a 
 cap, placed upon a tube filled with powder, 
 fires a train connected with a bottle of Greek 
 fire. The explosion of these combustibles ig- 
 nites the tow, saturated with turpentine, with 
 which the remainder of the portmanteau is 
 filled. 
 
 No. 3 is a conical shell, three and a half 
 inches in diameter. 
 
 Nos. 4 and 5 exhibit the same unscrewed. 
 
 No. 7 is a case to contain powder, with a 
 nipple for a cap at its upper end. No. 7 screws 
 into 6, the space between the two being filled 
 with Greek fire. Nos. 6 and 7 make an inte- 
 rior shell, fitting loosely in l?o. 3, and which, on 
 striking any object, explodes the cap on the 
 top of 7. 
 
 No. 8 is a spherical shell, or hand-grenade. 
 
 Nos. 9 and 10 exhibit the same unscrewed. 
 
 No. 11 is an interior shell, with nine nip- 
 ples for caps, fitting loosely so as to leave 
 
 space for concussion. NA. 11, also, is made to 
 unscrew in the center, to hold No. 12, a small 
 vial containing Greek fire — the space between 
 the two being filled with powder. The drop- 
 ping of this shell a quarter of a yard from 
 the floor, invariably explodes one or more of 
 the caps. The string attached to No. 8 ena- 
 bles a person to throw it a greater distance, 
 as a sling, with less danger of explosion in 
 his own hand. 
 
 No. 13 is a letter in secret cipher, sometimes 
 employed by the Order of Sons of Liberty in 
 their communication with each other, upon 
 matters requiring secrecy. 
 
 ** HeaSQUABTGBS, 10th DiSTBICT, ) 
 
 Grand Marshars Office. j 
 " Dept. Marshal: 
 
 "We have 40 rifles and 100 pistols for your 
 township. It is necessary that they are placed 
 in the hands of our brothers immediately. 
 Inform your company that the arms will be 
 ready on Wednesday night. 
 
 "Tours, 
 
 "A. A. D. C. 
 
 ii p ■^ " 
 
 7 
 
APPROVAL OF THE SECRETARY OF WAR, ETC. 
 
 GiHOiimATi, 0.1 Not. 7, 1864. 
 Major H. L. Burnett, Judge Advocate Depart- 
 ment of the Ohio and Northern Department : 
 Messrs. Moore, Wilstach & Baldwin, of this 
 city, will publish in permanent and respec- 
 table book shape, and I will edit, the official 
 reports of the trial of H. H. Dodd, also of 
 W. A. Bowles, and others, adding thereto 
 the report of; the Judge Advocate General, 
 if I can obtain your sanction and co-opera- 
 tion, and the approval of the Military au- 
 thorities. 
 I am, very respectfully and obediently, 
 (Signed) BENN PITMAN, 
 
 Jtecorder to the Military Commission: 
 
 nlBORSEMENT OF H. L. BURNETT, JUDGE ADVO- 
 CATE DEPABTMENT OP THE OHIO AND NORTHERN 
 REPARTMENT. 
 
 JUDOB ADTOOATE'S OtFICE, "4 
 
 Department of the Ohio and Korthern Department, L 
 Cincinnati, 0., Not. 7, 18C1. J 
 
 EespeetfuUy referred to Brigadier Gen- 
 eral J. Holt, Judge Advocate General, U. 
 S. Army. 
 
 The within application of Mr. Pitman re- 
 ceives my approval, and, in the enterprise 
 which he proposes to undertake, I will give 
 him such assistance as I ^m, from time to 
 time, able to render. I think the publica- 
 tion of these treason trials will be of great 
 
 public service in showing the people the 
 contemplated anarchy and bloodshed from 
 which they have been delivered, and, as a 
 result, confirming them in their patriotic 
 resolves to support the Government in its 
 eflforts to maintain law, order and civiliza- 
 tion. It will tend to unite the Northern 
 pepple more completely in their support of i 
 the Government in its efforts to maintain the I 
 integrity of the Republic as the only means ) 
 of establishing a permanent peace. 
 (Signed) H. L. BURNETT, 
 
 Judge Advocate Department of the Ohio 
 And Northern DepartmerU. 
 
 INDORSEMENT OP BRIGADIER GENERAL J. HOLT, 
 JUDGE ADVOCATE GENERAL. 
 BuBXAi; or Hilitabt Justice, Not. 11, 1861. 
 Approved. 
 
 (Signed) J. HOLT, 
 
 Judge Advocate General 
 
 INDORSEMENT OP ASSISTANT SECRETARY OP WAR, 
 C. A. DANA, 
 Wab Depastuent, Not. 15, 1864. 
 
 Approved. 
 
 By order of the Secretary of "War. 
 (Signed) C. A. DANA, 
 
 Assistant Secretary of War. 
 
PROCEEDINGS 
 
 OF A. 
 
 MILITARY COMMISSION, 
 
 Whicli oonyened at Indianapolis, Indiana, by virtue of the following Special Orders, 
 
 to wit : 
 
 ElAiqUASTSJia DiGTBICT OT Ihiiaha, I 
 
 iDdianapoUs, September 17* 1864. J 
 
 Special Orders No. 129. 
 
 A Military Commission is constituted to 
 meet at the United States Court Rooms, in 
 the city of Indianapolis, on the nineteenth 
 (19th) day of September, 1864, at 10 o'clock, 
 A. M., or as soon thereafter as practicable, 
 for the trial of Harrison H. Dodd, and such 
 other prisoners as may be brought before it. 
 
 DETAIL FOR THE COMMISSION. 
 
 1. Brevet Brigadier General Silas Col- 
 grove, United States Volunteers. 
 
 2. Colonel WiUiam E. McLean, 43d In- 
 fantry, Indiana Volunteers. 
 
 3. Colonel John T. Wilder, 17th Infantry, 
 Indiana Volunteers. 
 
 4. Colonel Thomas I. Lucas, 16th In- 
 fantry, Indiana Volunteers. 
 
 5. Colonel Charles D. Murray, 89th In- 
 fantry, Indiana Volunteers. 
 
 6. Colonel Benjamin Spooner, 83d In- 
 fantry, Indiana Volunteers. 
 
 7. Colonel Eichard P. DeHart, 128th In- 
 fantry, Indiana Volunteers. 
 
 Major Henry L. Burnett, Judge Advocate 
 Department of the Ohio and Northern 
 Department," Judge Advocate. 
 
 The Commission will sit without regard 
 to hours. 
 
 By order of Brevet Major General Alvin 
 P. Hovey. AND. C. KEMPEB, 
 
 Assistant Adjutant GeneraL 
 
 HXASQTTABTERS DlBTETTT OF iNriJUTA, \ 
 
 IndianapoUs, September 21, 1864. J 
 
 Special Orders N5. 131. 
 
 2. Colonel Ambrose A. Stevens, Veteran 
 Beserve Corps, is appointed a member of 
 the Military Commission, constituted by 
 Special Order No. 129, of the 17th of Sep- 
 tember, instant, from these Headquarters. 
 
 By order of Brevet Major General Alvin 
 P. Hovey. 
 
 [Signed] AND. C KEMPER, 
 
 Assistant Adjutant General. 
 
 COUBT BoOSf , iNDIANAPOIIfl, INDZAKA, I 
 
 September 23, 1BG4, 10 o'clock, A. U. j 
 
 The Commission met pursuant to the 
 foregoing orders. 
 
 All the members present.* Also, the 
 Judge Advocate. 
 
 The Commission then proceeded to the 
 trial of Harrison H. Dodd, a citizen of In- 
 diana, who was present before the Commis- 
 sion, and who, having heard read the order 
 appointing the Commission, also the order 
 detailing Colonel Ambrose A. Stevens fe a 
 member, was asked by the Judge Advocate 
 if he had any objection to any member 
 named in the orders, to which he replied, 
 " I have none." 
 
 The members of the Commission and the 
 Judge Advocate were then duly sworn in 
 the presence of the accused. 
 
 Benn Pitman and W. S. Bush were duly 
 sworn by the Judge Advocate, as Recorders 
 to the Commission, also in the presence of 
 the accused. 
 
 The accused applied to the Commission 
 to be permitted to introduce J. W. Gordon, 
 Esq., and M. M. Bay, Esq., as his counsel, 
 which application was granted, and they 
 appeared as counsel for the accused. 
 
 The accused, through his counsel, then 
 offered the following plea to the jurisdiction 
 of the Commission: 
 
 The defendant, Harrison H. Dodd, pro- 
 tests and objects to the jurisdiction of the 
 Commission appointed to try him upon the 
 aforesaid charges and specifications there- 
 under, and claims the right, as a citizen of 
 the United States, and of the State of In- 
 diana, to have the said charges and specifi- 
 cations presented by a grand jury of the 
 
 *If a member of the CommiBaion was, In any caeo, 
 absent from slckneSB, or other unavoidable caune, the 
 case was proceeded with, on the consent of the accused 
 being given In open Court, and such member took hii 
 seat again on the Commission only with the consent of 
 the accused tieing given in open Court, after having first 
 heard read ali the testimony taken during his absence. 
 
 9 
 
10 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 district wherein said several offenses are 
 alleged to have been committed, to the 
 proper District Court ^hereof; and to be 
 tried by a jury of the said district, duly 
 elected and sworn according to the Consti- 
 tution and laws of the United States of 
 America. This he claims as a citizen of the 
 United States, and of the State and District 
 of Indiana, and as being in no wise con- 
 nected with the army or navy of the United 
 States, as a member thereof, or as attached 
 thereto. 
 
 Respectfully submitted, 
 
 HARRISON H. DODD. 
 
 The Commission adjourned, to meet on 
 Friday, September 23, at 10 o'clock, A. M. 
 
 Court Booh, Indianapolis, Indiana, \ 
 September 23, 1864, 10 o'clock, A. M. j 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present. Also, the 
 Judge Advocate, the accused, and his coun- 
 sel 
 
 The proceedings were read and approved. 
 
 The accused, through his counsel, sub- 
 mitted the following brief in support of his 
 plea to the jurisdiction of the Commission: 
 
 Mr. President and Gentlemen of the Commission: 
 
 In support of his objection to the juris- 
 diction of the Commission to try him upon 
 the charges preferred against him, the de- 
 fendant respectfully submit^ the following 
 considerations: 
 
 I. These charges involve capital and infa- 
 mous crimes, and the Constitution of the 
 United States expressly provides that "no 
 person shall be held to answer for a capital 
 or otherwise infamous crime, unless on a 
 presentment or indictment by a grand jury, 
 except in cases arising in the land or naval 
 forces, or in the militia, when in actual 
 service in time of war or public danger." 
 {Amend. Const. Art 5.) And again: "In all 
 criminal cases the prisoner shall enjoy the 
 right of a speedy and public trial, by an im- 
 partial jury of the State and district where 
 the crime shall have been committed," etc. 
 {Amend. Const. Art. 6.) 
 
 These provisions were adopted after the 
 organization of the Government of the 
 United States under the Constitution, and 
 for the purpose of placing the trial by jury 
 entirely beyond the power of Congress, and 
 of all other branches of the Government. 
 The Constitution, as originally adopted, 
 contained the following provision on the 
 Bubjeet: "The trial of all crimes, except in 
 cases of impeachments, shall be by jury; 
 and such trial shall be held in the Statfe 
 where such crime shall have been commit- 
 ted." {Article i, section 2.) So, jealous were 
 the people of the right in question, that 
 they required the amendment quoted, not- 
 withstanding the original provision. 
 
 The defendant is a citizen of the United 
 
 States, and of the State of Indiana, not m 
 th-e land or naval forces, or in the militia 
 in actual service. He "is, therefore, not 
 within the exception of Article 5 of amend- 
 ments above cited. That exception does 
 not affect his right any more than if it did 
 not exist. These several provisions of the 
 Constitution are absolute as to him; and if 
 any constitutional provision can protect a 
 right, it would seem that he ought to be 
 protected from a trial not in conformity 
 with them. It seems that he can not, in 
 fairness, be tried without first being pre- 
 sented by a grand jury; or tried without a 
 petit jury of the district wherein his al- 
 leged offenses were committed. 
 
 II. But it may be said that we are in a state 
 of war; that the writ of habeas corpus is sus- 
 pended; and the provisions in question are 
 under similar suspension. But there is no 
 provision for the suspension of any branch 
 of the Constitution. The Constitution, in- 
 deed, authorizes the suspension of the ha- 
 beas corpus act — a law of the land, generally 
 adopted in the States prior to the adoption I 
 of the Constitution. The right of trial by 
 jury, however, is placed on a different and 
 higher ground. It is secured by these sev- 
 eral absolute provisions of the Constitution, 
 against all chances, and under all circum- 
 stances. The fiat that suspends it must be 
 potent enough to abolish every principle of i 
 the Constitution, and all those primordial 
 rights that existed before the Constitution, 
 and so far as human foresight could provide 
 against their invasion, protected by plain 
 constitutional j)rovisions. 
 
 If it should be contended, then, that the 
 power necessary for the suspension of the 
 habeas corpus involves in its exercise the sus- 
 pension of the right of trial by jury, he 
 begs leave to say that, in his opinion, it can 
 not for the following reasons: 
 
 1. The trial by jury is placed by the Con- 
 stitution among the original reserved rights 
 of the people, and must, in favor of natural 
 liberty, be held safe as against the exercise 
 of any doubtful power, upon the principle 
 of construction applied to constitutions, 
 that grants of power are to be construed 
 strictly as against the power, and in favor 
 of liberty. 
 
 2. But, being last in point of time, and 
 of equal authority with the provision in re- 
 lation to the suspensions of habeas corpus, 
 the amendments must be held to restrain 
 that provision so far as may be necessary to 
 the perfect enjoyment of the rights asserted 
 in the amendments. 
 
 3. Simply, however, because they are 
 amendments to the Constitution, every 
 thing contained in that instrument- that 
 may, in any view, be held to impair rights 
 therein asserted, must give way to them. 
 To that extent they change and modify the 
 powers conferred on the Government, in 
 the original instrument The right of trial 
 
TREASON TRIALS AT INDIANAPOLIS, 
 
 11 
 
 by jury in the cases referred to, can not be 
 impaired, much less taken away, by a sus- 
 pension of the habeas corpus, nor, indeed, by 
 any order of the Executive, or law of Con- 
 gress. To this effect s^ft 2d Story on Const, 
 section 1778 to 1795, inclusive. 
 
 III. But not only may this right of trial 
 by jury be regarded as affirmatively assert- 
 ed, and secured to the citizen, by the pro- 
 visions of the Constitution, but any and 
 every other mode of trial must be taken 
 to be excluded and prohibited. Thus: "No 
 person shall be held to answer for any cap- 
 ital or otherwise infamous crime, unless in 
 case of presentment and indictment by 
 grand jury," etc., clearly precludes the no- 
 tion of any other form of trial. The old 
 common law, and great statutes of England, 
 brought over with them by the founders of 
 the English colonies, and in force at the 
 time of the adoption of the Constitution of 
 the United States, excluded all other modes 
 of trial of any citizen, not in the military 
 service, and expressly that by military com- 
 mission. Mr. Justice Story, as already cited, 
 expressly appeals to and quotes Magna 
 Charta upon this point, and in support of 
 this position. The 39th chapter of that 
 great act is as follows: " No freeman shall 
 be taken or imprisoned, or disseized, or 
 outlawed, or banished, or in any way de- 
 stroyed; nor will we pass upon him, unless 
 by the lawful judgment of his peers, or by 
 the law of the land." "The judgment of 
 his peers, here alluded' to," says Story, "is 
 the trial by jury, who are called the peers 
 of the party accused, being of the like con- 
 dition, and equal." He also expressly says: 
 "When our more immediate ancestors re- 
 moved to America, they brought this great 
 privilege with them, as their birthright and 
 inheritance, as a part of that admirable 
 common law, which had fenced round and 
 interposed barriers on every side against 
 the approaches of arbitrary power." {Sec- 
 iion 1779.) But this denial of any other 
 form of trial, and especially that by mili- 
 tary commission, was asserted in the " Pe- 
 tition of Right," passed in the third year of 
 Charles I. It is therein enacted and estab- 
 lished, " that no man, of what estate or con- 
 dition that he be, should be put out of his 
 land or tenement, nor taken, nor imprisoned, 
 nor disherited, nor put to death, without 
 due process of law;" and in speaking of the 
 commissions aforesaid, the act employs the 
 following terms: "Which commissions, and 
 all others of like nature, are wholly and 
 directly contrary to the said laws and stat- 
 utes of the realm." Similar language was 
 employed in the Bill of Rights, passed at 
 the time of the revolution of 1688, and it 
 may safely be stated that since that time 
 no proceeding of this nature has taken 
 place in England, against any person not a 
 member of the army or navy, or in the mili- 
 tia in actual service. Indeed, a distinguished 
 
 English Judge has said that "martial 
 law. as of old, does not exist in England at 
 all,' and is contrary to the Constitution, 
 and has been for a century exploded. 
 (Grant vs. Gould, 2K Bl., 69; 1 Hate P. G, 
 364; Hale Com. Law G, 2, 36.) This, it has 
 been remarked by a learned Judge, "is cor- 
 rect as to the community, both in war and 
 peace." 
 
 IV. By an act oT Congress, approved July 
 31_, 1864 (Fo/. 12, Statutes at large, p.2l8i), con- 
 spiracies arQ defined, and the mode of pun- 
 ishment prescribed, namely, by trial in the 
 Circuit or District Courts of the United 
 States, of the proper circuit or district. Can 
 these parties be tried before any other tri- 
 bunal? The defendant holds not. By the 
 President's proclamation of September 24, 
 1862, suspending the privilege of the writ 
 of habeas corpus, it was ordered, " That dur- 
 ing the existing insurrection, and as a 
 necessary measure for suppressing the same, 
 all rebels and insurgents, their aiders and 
 abettors, within the United States, shall be 
 subject to martial law, and liable to trial 
 and punishment by court-martial or mili- 
 tary commission." Without stopping to 
 inquire whether this proclamation was au- 
 thorized, and if so, whether it embraced 
 persons charged with committing a substan- 
 tive offense, within a State not in insurrec- 
 tion, and where the United States Courts 
 were in the full exercise of their powers, 
 the defendant claims that it has been su- 
 perseded by the act of Congress of the 3d 
 of March, 1863 {Vol. 12, Statutes at large, 755), 
 relating to the writ of habeas corpus, and the 
 President's proclamation based thereon, of 
 September 15, 1863. The first section of 
 the act of 1863, authorizes the President to 
 suspend the writ of habeas corpus. The sec- 
 ond requires the Secretaries of State and 
 War to report to the Judges of the United 
 States Circuit and District Courts the names 
 of all persons held in military custody, by 
 order of the President, in their respective 
 districts, and if the grand juries of the 
 proper districts fail to find bills, it is made 
 the duty of the Judges to have all such 
 persons discharged on taking the oath of 
 allegiance and giving bond, if required. The 
 third section provides that all persons so 
 held and not reported, shall be entitled to 
 a discharge in the same manner as is 
 provided in the second section, after a fail- 
 ure on the part of the proper grand jury to 
 indict them. Here are all the sections of 
 this act which bear on the question, and it 
 will be seen that while they contemplate 
 and sanction military arrests, they do not 
 countenance or authorize military trials. 
 On the contrary, they fairly discountenance 
 them. 
 
 The President's proclamation, based on 
 this act, limits the suspension of habeas cor- 
 pus to persons amenable to military law, or 
 to the rules and articles of war. No order 
 
12 
 
 TREASON TKIAIiS AT INDIANAPOLIS. 
 
 is contained in the proclamation in regard 
 to trial, and the inference is irresistible that 
 the proper courts are left to act under the 
 rules of law upon that subject, and these 
 are too well deiined to require comment. 
 Civil courts try offenses against the law 
 committed by citizens — military courts and 
 commissions try such as are subject to 
 the, rules and articles of war, and the de- 
 fendant claims that he does not fall within 
 that class, 
 
 V. The recent act, giving military courts 
 jurisdiction of offenses against the civil 
 laws when committed by soldiers, excludes 
 citizens, by its silence, from any such pro- 
 vision, and leaves them to be tried by the 
 civil courts, for all such offenses. {Revised 
 Reg., 1863, p. 544.) 
 
 VI. The defendant further desires the. 
 Commission to consider this question, in 
 determining that of jurisdiction, namely: 
 Can the sentence of the Commission be 
 pleaded in bar to a prosecution upon in- 
 dictment for the offenses charged in the 
 civil courts? It would seem not, in view of 
 the recent legislation of Congress already 
 cited. That legislation clearly gives the 
 jurisdiction of the case to the civil courts, 
 and upon the failure to try or convict him, 
 entitles him to be discharged, either upon 
 terms, or absolutely. 
 
 In view of these considerations, the de- 
 fendant respectfully submits that he is not 
 triable by this Commission, not being within 
 the jurisdiction thereof, or of any other 
 military tribunal whatever. 
 
 All of which is respectfully submitted, 
 HAEEISON H. DODD. 
 
 JUDGE advocate's ANSWER. 
 
 The Judge Advocate, Major Burnett, then 
 made the following reply : 
 
 To support the jurisdiction of the Com- 
 mission appointed to try this case, I submit: 
 
 1. Tlie proclamation of the President of 
 the United States, published in General 
 Orders No. 141, dated September 25, 1862. 
 
 2. The general principles of the laws of 
 nations, and the laws and customs of war — 
 the military lex non scripia of every land. ■ 
 
 The proclamation of the President is as 
 
 follows: 
 
 "War Depahtbient, Adjutant Genehal*s OmoE, ) 
 Washington, September 2S, 1801. / 
 
 General Orders No. 141. 
 
 The following proclamation by the Presi- 
 dent is published for the information and 
 government of the army, and all concerned: 
 
 BIT THE PBESIDENT OP THE UNITED GTATEB OF AMERICA — 
 A PBOCLAMATIOK. 
 
 Whereas, It has become necessary to call 
 into service not only volunteers, but also 
 portions of the militia of the Stateis by draft, 
 in order to suppress the insurrection exist- 
 ing in the United States, and disloyal per- 
 sons are hot adequately restrained by the 
 
 ordinary process of law from hindermg this 
 measure, and from giving aid and comfort 
 in various ways to the insurrection; now, 
 therefore, be it ordered, 
 
 Mrst That during the existing msurreo 
 tion, and as a itecessary measure for sup- 
 pressing the same, all rebels and insurgents, 
 their aiders and abettors, within the United 
 States, and all persons discouraging volun- 
 teer enlistments, resisting militia drafts, or 
 guilty of any disloyal practice, affording aid 
 and comfort to rebels against the authority 
 of the United States, shall be subject to 
 martial-law, and liable to trial and punish- 
 ment by courts-martial or military commis- 
 sion. 
 
 Second. That the writ of habeas corpus is 
 suspended in respect to all persons arrested, 
 ,or who are now or hereafter during the re- 
 bellion shall be imprisoned in any fort, 
 camp, arsenal, military prison or other place 
 of confinement; by any military authority, 
 or by the sentence of any court-martial or 
 military commission. 
 
 In witness whereof, I have hereunto set 
 my hand, and caused the seal of the United 
 States to be affixed. 
 
 Done at the city of Washington, this, 
 twenty-fourth day of September, in the year 
 of our Lord one thousand eight hundred 
 and sixty-two, and of the independence of 
 the United States the eighty-seventh. 
 
 ABRAHAM LINCOLN. 
 
 By the President : 
 
 William H. Seward, Secretary of State. 
 
 By order of the Secretary of War: 
 
 L. Thomas, Adjutant General. 
 
 In determining the action of the Com- 
 mission, this is sufficient, but in support of 
 the position held, I submit: 
 
 Tiiat it is an admitted principle in ethics, 
 that self-preservation is the first law of na- 
 ture; that self-preservation, or self-defense, 
 is the right of every unity or community. 
 This nation is engaged in suppressing a 
 gigantic rebellion, to which end it has 
 brought into the field a vast army. Every 
 fiber of this great nation is quivering in its 
 effort to sustain this army in its present vast 
 proportions. That army being organized 
 and put into the field, becomes a living, 
 sentient, and, to a certain extent, independ- 
 ent body. A blow is sought to be struck at 
 that body — at that great army of the Re- 
 public — to sever it, and render it power- 
 less-— a blow all the more mischievous and 
 malignant, because it is covert and con- 
 cealed. To preserve itself, to maintain its 
 integrity when it finds itself thus secretly 
 attacked, it does not wholly fall back on 
 its Government to protect it, but it protects 
 Itself by seizing the antagonistic forc'e. It 
 IS one of the innate principles of every ex- 
 isting thing, that it is endowed with the 
 right to nieet and overcome the force that 
 seeks to destroy it. Here, then, is a power 
 being organized— it is true, in a loyal State, 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 18 
 
 but with the purpose of moving into a semi- 
 disloyal State, a portion of which is occu- 
 pied and held by forces seeking to destroy 
 this army, and with the intent to co-operate 
 with those forces to render powerless our 
 army, and, if possible, to destroy it and the 
 Government. This army, therefore, with- 
 out waiting for its Government to move, 
 through the slow machinery of civil law, 
 against this military force that is being ar- 
 rayed against it, seizes it, and says to it, 
 "You are not meeting us in open battle, 
 but you steal upon vis in the night time, and 
 attempt, assassin-like, to staB us in the back 
 while we are facing the common enemy in 
 the front. You are not fighting us accord- 
 ing to the recognized military law of na- 
 tions, but by the secret arts of the assassin. 
 We, therefore, wheel upon you, and grapple 
 you, from an instinct of self-preservation." 
 It is as though a stealthy foe should creep 
 into a camp or garrison at night, and seek 
 to ignite the magazine, and destroy the lives 
 of the entire garrison. If caught, would 
 that garrison hesitate to convene a court, 
 j and try the ofl'ender as a secret, mihtary 
 ■ assassin? In like manner, when foes, cun- 
 j ningly avoiding all show of open hostility, 
 secretly arm themselves, not as enemies 
 particularly of the General Government, 
 but as enemies of the military power of the 
 Government, the military laws of the land 
 give power to seize the persons of these 
 secret foes, and hold them responsible for 
 their acts to the common law military. 
 
 Take the case in hand, as it is claimed to 
 be, that there was an organized, formidable 
 conspiracy, military in its character, and 
 created and held in existence for the pur- 
 pose of aiding the enemies of the. country 
 and destroying the armies of the nation, 
 numbering in the States of Ohio, Indiana 
 and Ilhnois, as claimed by its leaders, one 
 hundred thousand men, the avowed pur- 
 pose of these conspirators being to release 
 the rebel prisoners held in those States, 
 numbering between forty and fifty thousand 
 veteran soldiers, arm them with guns to be 
 seized from the arsenals of these States, and 
 then to move into Kentucky, seizing all the 
 large cities by the way, take possession of 
 the Louisville and Nashville road, and, in- 
 trenching at Nashville or Chattanooga, cut 
 GeneralSherman's communications, thereby 
 placing him between two large armies, sev- 
 ering him from his base of supplies, and 
 thus effectually, as they thought, destroying 
 this great South-western wing of our army — 
 this right arm of the Eepublic — thereby 
 giving to the rebels the power to dictate to 
 the United States terms of peace and sepa- 
 ration. It was a far-reaching, villainous 
 scheme, and had in it many of the elements 
 of success. The Government stood on the 
 brink of a precipice. But the conspirators 
 were foiled by the military power of the 
 Government. Will it be said that when the 
 
 military authorities discovered this plot, 
 they should have waited for affidavits, for 
 an arrest and hearing before a United States 
 Commissioner, and then have released these 
 conspirators upon bail, permitting thom to 
 again take the lead of their hosts to work 
 out their schemes of treason against the 
 Government? Such a course might have 
 involved the destruction of the nation. 
 Self-preservation demanded that these men 
 should be seized by the military power. 
 Foreseeing this danger, martial law had 
 been declared by the President, and mili- 
 tary courts given jurisdiction. 
 
 In support of the powers of the Govern- 
 ment, in cases of insurrection, or in case of/ 
 great public danger, to suspend the opera- 
 tions of the civil law, I cite the opinion of 
 Chief Justice Taney, in a case before the 
 Supreme Court, where the Government of 
 the State had declared martial law in Rhode 
 Island. In rendering an opinion on that\ 
 case, he says: "Unquestionably a State may\ 
 use its military power to put down an insur- \ 
 rection too strong to be controlled by the \ 
 civil authority. The power is essential to 
 the existence of every government — essen- / 
 tial to the preservation of order and free / 
 institutions, and is as necessary to the States | 
 of this Union as to any other government. 
 * * * Without power to do this," he j 
 again says, "martial law and the military 
 array of the Government would be mere 
 parade, and rather encourage attack than 
 repel it." 
 
 Justice Woodbury, dissenting, said that 
 "a State could not declare martial law, inas- 
 mucli as the war power, of which it forms a 
 part, was lodged exclusively in the General 
 Government. ' Certainly no one will deny 
 that if the Government of a State can de- 
 clare martial law for suppressing an insur- 
 rection within thatState, with much stronger 
 reason can the General Government, when 
 an insurrection exists against it, declare and 
 enforce martial law, either in part or in 
 whole. 
 
 The main question raised by the defense 
 in their argument, is, whether the legislar 
 tive branch of this Government, or the 
 President, has the power of suspending the 
 writ of habeas corpus, and declaring martial 
 law throughout the land. In reply to the 
 argument of the counsel for the accused, I 
 propose to cite a few quotations apphcable 
 to this case: 
 
 Martial law is the suspension, for the time 
 being, of all constitutions and civil laws, 
 the closing of common law courts, and the 
 forcible inauguration of a new, temporary, 
 arbitrary system of administering justice; 
 and is only to be justified by the over- 
 whelming necessities of the case. 
 
 I propose,first, to examine English author- 
 ities upon this subject; and then refer to 
 American jurisprudence as to the right to 
 proclaim martial law. 
 
14 
 
 TEEASON TRIALS AT INDIANAPOLIS. 
 
 It may be premised that martial law in 
 England as completely violates and sus- 
 pends the Magna Charta as in this country 
 it does our own Constitution. 
 
 Section 39 provides: "No freeman shall 
 be taken or imprisoned, or disseized, or out- 
 lawed, or banished, or in any way destroyed; 
 nor will we pass upon him, unless by the 
 lawful judgment of his peers, or by the law 
 of the land." 
 
 The Mutiny Act of 1689, which has been 
 re-enacted at every session of Parliament 
 for more than one hundred and seventy 
 years, contains the following declaration: 
 
 "Whereas, no man may be forejudged of 
 life or limb, or subjected to any kind of 
 judgment by martial law, or in any other 
 manner than by the judgment of his peers, 
 and according to the known and established 
 laws of this realm," etc. 
 
 It is impossible to conceive of any doc- 
 trine more irradioally graven upon the Con- 
 stitution and civil polity of England, than 
 this right of habeas corpus, and exemption 
 of the subject from the operation of mar- 
 tial law. But notwithstanding this clear 
 provision of the Magna Charta, as often as 
 it is necessary, martial law is proclaimed. 
 In the riots of 1780, after the mob had in- 
 sulted a majority of Parliament, and the 
 residence of the Chief Justice, the King in 
 council issued his proclamation : 
 
 " We have, therefore, issued the most di- 
 rect and eflectual orders to all our oflBcers 
 by an immediate exertion of their utmost 
 force, to suppress the same." 
 
 After wlilch the Adjutant General issued 
 orders to the army as follows : 
 
 "In obedience to an order of the King in 
 council, the military are to act without 
 awaiting the direction of the civil magis- 
 trate, and to use force for dispersing the 
 illegal and tumultuous assemblies of the 
 people." 
 
 In subsequent debates in Parliament, the 
 conduct of the King was approved. Lord 
 Mansfield and Lord Thurlow claimed that it 
 was not a prerogative of the King to de- 
 clare martial law, or to use the military to 
 suppress riots ; but they defended the act 
 on the ground of necessity. 
 
 During the Irish rebellion in 1798, Lord 
 Camden, Lord Lieutenant of Ireland, pro- 
 claimed martial law, which existed a year 
 without any legislative action, and after 
 that the Irish Parliament sanctioned the 
 act. In 1801, after the union, this subject 
 was discussed, and a bill was introduced to 
 continue martial law in Ireland. In this 
 debate, both those who approved, and those 
 who opposed the bill, conceded the right of 
 the Executive Government to proclaim 
 martial law when necessary. 
 
 Sheridan, opposing the bill, said: 
 
 "In case of rebellion or invasion, His 
 Majesty has, by virtue of his prerogative, a 
 right to martial law." 
 
 Lord Castlereagh, in defense of the bill, 
 said: 
 
 "I perfectly understand that the prerog- 
 ative of the crown authorizes those acting 
 under its authority to exercise martial law. 
 I maintain that it is a constitutional mode 
 for the Executive Government to exercise 
 martial law in the first instance, and to 
 come to Parliament for indemnity after- 
 ward, and is preferable to applying to Par- 
 liament first. ***** 
 
 "The only circumstance in mind is 
 whether, if the necessity exists, this is the 
 proper remedy? If it be so, we ought not 
 to take alarm at a departure from princi- 
 ple, which is necessary for the preservation 
 of the Constitution itself." 
 
 Sir L. Parsons, opposing the biil, said : 
 
 " He thought the measure unnecessary. 
 The Executive Government could resort to 
 martial law, if it was necessary to suppress 
 rebellion." 
 
 Mr. Gray, who also opposed it, said: 
 
 "It was better that the Executive Gov- 
 ernment should resort to what has been 
 called (he thought, not legally) its preroga- 
 tive of proclaiming martial law. That was 
 no prerogative of the crown, but rather an 
 act of power sanctioned by necessity, mar- 
 tial law being a suspension of the King's 
 peace. But it was better that martial law 
 should proceed from the Executive Govern- 
 ment in urgent moments, than to be the 
 work of the Legislature, on every slight pre- 
 tense." / 
 
 In the rebellion in Ceylon, in 1848, the 
 Governor proclaimed martial law, and tried 
 and executed many rebels. His conduct 
 was severely criticised in England, upon the 
 ground that it was unnecessary; and in an 
 able review in the Qiiarterly, volume 83, page 
 127, it is said : t 
 
 "We shall define martial law to be the 
 law of necessity, or defense. The right J 
 which a Governor of a colony has to pro- 
 claim martial law over subjects, may be said 
 to bear a close analogy to the right which 
 an individual, in absence of legal protec- 
 tion, has to slay an assailant. In both 
 cases, the evil must be grave. In both 
 cases, all regular'means of defense must be 
 exhausted, or beyond reach, before the ag- 
 grieved party resorts to extremities. In 
 both cases, the burthen of proof lies on liim 
 who has ventured on such an expedient, 
 and, if he fails to vindicate himself, he is 
 liable to severe punishment." 
 
 Hallem 1, Gomt. Hist, p. 240, says: 
 
 " There may, indeed, be times of pressing 
 danger, when the conservation of all de- 
 mands a sacrifice of the legal rights of a 
 few; there may be circumstances that not 
 only justify, but compel the temporary 
 abandonment of constitutional forms. It 
 has been usual for all governments, dur- 
 ing an actual rebellion, to proclaim martial 
 law, or the suspension of civil jurisdiction. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 15 
 
 And this anomaly, I muSt admit, is very far 
 from being less indispensable at such un- 
 happy seasons, in countries where the ordi- 
 nary mode of trial is by jury, than where 
 the right of decision rests in the Judge." 
 
 Coming now to our own country, the same 
 doctrine is laid down even more explicitly, 
 and by higher sanctions than in England. 
 In the debate in Congress upon the subject 
 of martial law proclaimed by General Jack- 
 son in New Orleans, Robert J. Walker, in 
 the Senate, submitted a report upon this 
 subject, in which he said: 
 
 " The law which justified this act, was the 
 great law of necessity; it was the law of ' 
 self-defense. This great law of necessity — 
 of defense of self, of home, and of coun- 
 try — never was designed to be abrogated by 
 any statute, or by any constitution. 
 ♦ Mr. Payne, of Alabama, also speaking 
 upon this subject, said: 
 
 "I shall not contend that the Constitution 
 or laws of the United States, authorize the 
 declaration of martial law by any authority 
 whatever ; on the contrary, it is unknown 
 to the Constitution or laws." 
 
 And, commenting on the argument that 
 if the Constitution did not authorize it, the 
 General ought not to declare martial law, 
 he says : 
 
 "Who could tolerate this idea? An Ar- 
 nold might, but no patriotic American 
 could. I may be asked, upon what princi- 
 ple a commander can declare martial law, 
 when it is so evident that the Constitution 
 or laws afford him no authority to do so? I 
 answer, upon the principle of self-defense, 
 which rises paramount to all written laws; 
 and the justification of the oflBcer who 
 assumes the responsibility of acting on that 
 principle, nuist rest upon the necessity of 
 the case." 
 
 Mr. Livingston, in a written document 
 submitted by General Jackson to the Court, 
 gave his opinion as follows: 
 
 " On the nature and effect of the procla- 
 mation of martial law by Major General 
 Jackson, my opinion is, that such proclama- 
 tion is unknown to the Constitution and 
 laws of the United States ; that it is to be 
 justified only by the necessities of the case," 
 etc. 
 
 During the Dorr revolution in Bhode 
 Island, when an attempt was made to array 
 a military force against the old State Gov- 
 ernment, and supplant it with a more dem- 
 ocratic form, the State Government pro- 
 claimed martial law throughout the State. 
 A house was broken open to make an ar- 
 rest without warrant, under martial law; 
 and subsequently an action of trespass was 
 commenced to try the legality of the act. 
 It was taken to the Supreme Court of the 
 United States, and is reported, Luther vs. 
 Borden, 7 Howard, 1. 
 
 It is to be noticed that this case presented 
 the precise question at issue now before this 
 
 Court, for the determination of the highest 
 Court in the land. The case was not the 
 suspension of the habeas corpus, but it was 
 for trespass, by breaking into houses with- 
 out warrant, which was clearly illegal, un- 
 less the existence of martial law could be 
 i-ecognized as affording a defense. 
 
 Chief Justice Taney says: 
 
 "Unquestionably, a State may use its 
 military power to put down an armed in- 
 surrection too strong to be controlled by 
 the civil autliority. The power is essential 
 to the existence of every government, es- 
 sential to the preservation of order and 
 free institutions, and is as necessary to the 
 States of this Union as to any other Gov- 
 ernment. The State, itself, must determine 
 what degree of force the crisis demands; 
 and if the Government of Rhode Island 
 deemed the armed opposition so formidable 
 and so ramified throughout the State as to 
 require the use of its military force, and a 
 declaration of martial law, we see no ground 
 upon which this Court can question its au- 
 thority. It was a state of war, and the 
 established Government resorted to the 
 rights and usages of war to maintain itself, 
 and to overcome the unlawful opposition. 
 And in that state of things, the officers en- 
 gaged in its military service might lawfully 
 arrest any one who, from the information 
 before them, they had reasonable grounds 
 to believe was engaged in the insurrection, 
 and might order a house to be forcibly en- 
 tered and searched, when there were rea- 
 sonable grounds for supposing he might be 
 there concealed. Without power to do 
 this, martial law and the military array of 
 the Government would be mere parade, and 
 rather encourage attack than repel it." 
 
 Justice Woodbury dissented upon the 
 ground that a State could not declare mar- 
 tial law, inasmuch as the war power, of 
 which it formed a part, was lodged exclu- 
 sively in the General Government. 
 
 The question, then, for this Commission 
 to determine, is, whether, with this armed 
 force threatening the life of the nation, the 
 leaders here among you, secretly and cov- 
 ertly, as it is claimed — for this is to be a 
 matter of proof — attempting to strike at 
 your camps, destroy the military forces that 
 are guarding them, release the rebel pris- 
 oners there confined, then to move into a 
 State, partly occupied by rebels, seize your 
 supplies and munitions of war at Louisville 
 and other points throughout the country — 
 the question, I say, is, whether these men 
 shall be dealt with by the civil or by the 
 miUtary law; whether in this crisis they 
 shall be permitted to avail themselves of 
 the slow process of civil justice, to be re- 
 leased upon bail, again to take the lead of 
 these disloyal forces, and move again in 
 their work of treason and anarchy — or 
 whether the Government shall use the 
 power rightfully belonging to it for its self- 
 
16 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 preservation? I repeat the language I have 
 quoted, and say, that only an Arnold would, 
 in such a case, hesitate in the course he 
 would recommend. No officer who is faith- 
 ful to his trust, who respects his Govern- 
 ment, who loves his home, and desires the 
 peace and prosperity of the citizens of that 
 home, would desire to wait till it was too 
 late to save the Government, and, with it, 
 all he holds dear. Seeing this necessity for 
 action, the military arm of the Govern- 
 ment moved. It seized this man, believed 
 to be one of the leaders — whether he be or 
 not, will be a matter of proof before this 
 Commission — and of the power of this Com- 
 mission .to try him there can be no more 
 doubt, than of the power of the Govern- 
 ment to declare martial law. As to the 
 question of the power of the Government 
 to declare martial law throughout a part or 
 the whole of this land, there can be no 
 doubt, that having been decided by the 
 mightiest tribunal of the land — the Court 
 of last resort. It only remains for this 
 Commission to take up the facts of the 
 case, and determine whether or not they 
 are as presented in the charges and specifi- 
 cations. 
 
 In conclusion, I submit, that while the 
 rights and liberties of the citizen are in 
 
 all cases to be held most sacred and invio- 
 late, we are not, in our admiration of that 
 general principle, to lose sight of that higher 
 and still more sacred duty of protecting 
 the life and liberty of the nation; I might 
 say of the lives and liberties of the millions 
 who compose that nation. Let us not, in 
 our attempt to protect the forms of the \ 
 Constitution, sacrifice its life. What is that ' 
 Constitution worth to this land if the na- 
 tion, which is its life, be destroyed? Shall 
 we, in our fear of interfering with the forms 
 of that Constitution, hesitate to stop the 
 wound that is bleeding its life away ? There 
 is something beyond the rights of a single 
 individual — something more sacred than his 
 personal liberty, when that liberty can be 
 shown to have been used to imperil the life 
 of the nation — and that is, the life and lib- 
 erty of the millions of loyal citizens for 
 whom this Government was established, 
 and by whom, with God's help, it wiU ever 
 be upheld. 
 
 The court-room was then cleared for do- 
 liberation. On being reopened, the Judge 
 Advocate announced that the plea was 
 overruled, and that the Commission would 
 proceed to the trial of the accused. 
 
 The Commission adjourned, to meet on 
 Tuesday, September 27, at 2 o'clock, P. M. 
 
TEEASON TRIALS AT INDIANAPOLIS. 
 
 17 
 
 CouBT KooMt Indianapolis, Indiana, } 
 Septembor 27, 1804, 2 o'clock, 1". M.j 
 
 The Commission met pursuant to ad- 
 journment. 
 
 The same members present as on Friday, 
 September 23d; also the Judge Advocate, 
 the accused, and his counsel. 
 
 Colonel C. D. Murray being in Court, and 
 having heard read the Order convening the 
 Commission, the accused was asked if ho 
 had any objection to Colonel Murray taking 
 his seat on the Commission, to which he re- 
 plied, "1 have not." 
 
 Colonel Murray being then duly sworn 
 by the Judge Advocate, in the presence of 
 the accused, took his seat on the Commis- 
 sion. 
 
 The accused was then arraigned on the 
 following charges and specifications : 
 
 CHAKGES A^"D SPECIFICATIONS 
 
 PKEFERKED AGAINST 
 
 HAERISOIT II. DODD, ' 
 
 A CUizen of the Slate of Indiana, United States 
 of America. 
 
 CHARGE FIRST.— Conspiracy against the 
 Govcrnnutrd of the United Stales. 
 
 Specification First. — In this, that the 
 said Harrison H. Dodd did, with "William 
 A. Bowles, of Indiana, Joshua F. Bullitt, 
 of Kentucky, Richard Barrett, of the State 
 of Missouri, and others, conspire against 
 the Government and duly constituted au- 
 thorities of the United States, and did join 
 himself to, and secretly organize and dis- 
 seminate, a secret society or oifder, known 
 as the Order of American Knights, or Order 
 of the Sons of Libertj', having a civil and 
 military organization and jurisdiction, for 
 the purpose of overthrowing the Govern- 
 ment and duly constituted authorities of 
 the United States. This at or near the 
 city of Indianapolis, Indiana, on or about 
 the I6th day of May, 1864. 
 
 Specification' Second. — In this, that the 
 said Harrison H. Dodd, during an existing 
 rebellion against the Government and au- 
 thorities of the United States, said rebellion 
 claiming to be in the name and on behalf 
 of certain States, being a part of and owing 
 allegiance to the United States, did com- 
 bine and agree with one William A. Bowles, 
 to adopt and impart to others tlie creed or 
 ritual of a secret society or order, known 
 as the Order of American Knights, or Order 
 of the Sons of Liberty, denying tlic author- 
 ity of the United States to coerce to sub- 
 mission certain citizens of said United 
 States, designing to lessen thereby the pow- 
 er and prevent the increase of the armies 
 of the United States, and thereby did re- 
 cognize and sustain the right of the citizens 
 2 
 
 and States then in rebellion to disregard 
 and resist the authority of the United 
 States. This at or near the city of Indi- 
 anapolis, Indiana, on or about the 16th 
 day of May, 1SC4. 
 
 Specification Third. — In this, that the 
 said Harrison 11. Dodd, then a citizen of 
 the State of Indiana, owing true faith and 
 allegiance to the Government of the United 
 States, and while pretending to be a peace- 
 ful and loyal citizen of said Government, 
 did secretly and covertly combine, agree, 
 and conspire with one William A. Bowle.s, 
 of the State of Indiana, Joshua F. Bullitt, 
 of the State of Kentucky, Eichard Barrett, 
 of the State of Missouri, and others, to 
 overthrow and render powerless the Gov- 
 ernment of the United States, and did, in 
 pursuance of said combination, agreement, 
 and conspiracy with said parties, form and 
 organize a society or order, and did assist in 
 extending said secret order or organization, 
 known as the Order of American Knights, 
 or Order of the Sons of Liberty, whose in- 
 tent and purpose was to cripple and render 
 powerless the efforts of the Government of 
 the United States in suppressing a then 
 existing formidable rebellion against the 
 Government of the United States. This 
 on or about the 16th day of May, 1864, at 
 or near the city of Indianapoh.'?, Indiana. 
 
 Specification Fourth. — In this, that the 
 said Harrison II. Dodd did conspire and 
 agree with William A. Bowles, David T. 
 Yeakle, L. P. Jlilligan, Andrew Humphreys, 
 John C. Walker, and J. F. Bullitt— these 
 men at that time holding military positions 
 and rank in a certain secret society or or- 
 ganization known as the Order of Ameri- 
 can Knights, or Order of the Sons of Lib- 
 erty — to seize, by force, the United States 
 and State Arsenals, at Indianapolis, Indi- 
 ana, and Columbus, Ohio; to release, by 
 force, the rebel prisoners held by the au- 
 thorities of the United States, at Camp 
 Douglas, Illinois ; Camp Morton, Indiana; 
 and Camp Chase, Ohio ; and at the Depot 
 of Prisoners of War, on Johnson's Island ; 
 and to arm those prisoners with the arms 
 thus seized; that then said conspirators, with 
 all the force they were able to raise from the 
 secret order above named, were, in con- 
 junction with the rebel prisoners thus re- 
 leased and armed, to march into Kentucky, 
 and co-operate with the rebel forces to be 
 sent to that State by the rebel authorities, 
 against the Government and authorities of 
 the United States. This on or about the 
 20th day of July, 1864, at or near the city 
 of Chicago, Illinois. 
 
 CHARGE SECOND.— Affordrng aid and com- 
 fort to rebels against the authority of the Urn- 
 ted States. 
 
 Specification First. — In this, that the said 
 Harrison If. Dodd, being then a member 
 of a certain secret society, or order, known 
 
 \ 
 
18 
 
 TREASON TKIALS AT INDIANAPOLIS. 
 
 as the Order of the American Knights, or Or- 
 der of the Sons of Liberty, the United States 
 then being in arms to suppress a rebellion 
 in certain" States against the authority of 
 the United States, and said Dodd, then and 
 there acting as a member and Grand Com- 
 mander, so styled, of said secret society 
 or order, did design and plot to communi- 
 cate with the enemies of the United States, 
 and did communicate with the enemies of 
 the United States, with the intent that 
 they should, in large force, invade the ter- 
 ritory of the United States, to-wit, the States 
 of Kentucky, Indiana, and Illinois, with the 
 further intent that the so-called secret so- 
 ciety, or order aforesaid, should then and 
 there co-operate with the said armed forces 
 of the said rebellion against the authority of 
 the United States. This at or near Indian- 
 apolis, Indiana, on or about the 16th day 
 of May, 1804. 
 
 Specification Second. — In this, that the 
 said Harrison H. Dodd, while the Govern- 
 ment of the United States was attempting 
 by force of arms to suppress an existing re- 
 bellion, and while guerrillas and other 
 armed supporters of said rebellion, were in 
 the State of Kentucky, did send a messen- 
 ger — then a brother member with him of a 
 .secret society or order, known as the Order 
 of Amerioau Knights or Sons of Liberty — 
 into said State of Kentucky, with instruc- 
 tions for -J. F. Bullitt, Grand Commander 
 of said secret society or order in said State, 
 and other members of said secret society 
 or order in said State, to select good couri- 
 ers or runners, to go upon short notice, and 
 for the purpose of assisting those in rebel- 
 lion against the United States, to call to 
 .irms tlie members of said secret society or 
 order, and other sympathizers with the ex- 
 isting rebellion, whenever a signal should be 
 ■ given by the authorities Of the said secret 
 society or order. This at or near Indian- 
 apolis, Indiana, on or about the 16th day 
 of May, 1864 
 
 Specification Third. — In this, that the 
 said H,arrison IL Dodd, during an existing 
 rebellion against the authority of the Uni- 
 ted States, he knowing that in Kentucky 
 there were various armed forces in the inter- 
 est of said rebellion, and that said State 
 was in constant danger of invasion by fur- 
 ther rebel forces, did attempt therein to 
 organize and extend a secret society or 
 order, known as the Order of American 
 Knights, or Order of the Sons of Liberty, 
 having for its object to aid and assist said 
 rebellion, and to treat the United States 
 Government, in its efforts to suppress said 
 rebellion, aS a usurpation. This at or 
 near Indianapolis, Indiana, on or about the 
 16th day of May, 18^4. 
 
 Specification Fourth. — In this, that the 
 said Harrison H. Dodd, being a citizen of 
 the State of Indiana, United States of 
 America, owing true allegiance to the said 
 
 United States, did join himself to a certain 
 secret society or order, known as the Order 
 of American Knights, or Order of the Song 
 of Liberty, the object of which society or 
 order was hostile to, and designed for the 
 overthrow of, the Government of the Uni- 
 ted States, and to compel terms with the 
 citizens or authorities of the so-called Con- 
 federate States, the same being portions of 
 the United States in rebellion against the 
 authority of the United States, and did com- 
 municate the designs and intent of said 
 order to those in rebellion against the Gov- 
 ernment of the United States. This at or 
 near Indianapolis, Indiana, on or about the 
 16th day of May, 1864. 
 
 CHARGE THIRD.— Inciting Insurrection. 
 
 Specification First. — In this, that the 
 said Harrison H. Dodd did, during a time 
 of war between the United States and 
 armed enemies of the United States, or- 
 ganize, and attempt to arm, a portion of 
 the citizens of the United States, through a 
 secret society or order, known as the Amer- 
 ican Knights, or Order of the Sons of Lib- 
 erty, with the intent to induce them, with 
 him, to throw off the authority of the 
 United States, and co-operate with an armed 
 insurrection, then existing against the le- 
 gally constituted authorities of the United 
 States. This at or near Indianapolis, Indi- 
 ana, on or about the 16th day of May, 1S64. 
 
 Spf.oification Second. — In this, tliat the 
 said Harrison II. Dodd did, by public ad- 
 dresses, and by secret circulars and commu- 
 nications, and by other means, endeavor to 
 and did arouse sentiments of hostility to the 
 Government of the United States, and did 
 endeavor to induce the people openly to 
 revolt against said Government, and to se- 
 cretly arm and organize themselves, for 
 the purpose of resisting the laws of the 
 United States and the orders of the duly 
 elected President thereof This at or near 
 the city of Indianapolis, Indiana, on or 
 about the 16th day of February, 1864. 
 
 CHARGE FOURTH.— Disloyal Practice:. 
 
 Specification First. — In this, that the 
 said Harrison H. Dodd, during an armed 
 rebellion against the legally constituted au- 
 thorities and Government of the United 
 States, did counsel and advise citizens of, 
 and owing allegiance and Military service 
 to, the United States, to disrecard the au- 
 thority of the United States, a"nd to resist 
 a call or draft, designed to increase the 
 armies of the United States. This at or near 
 the city of Indianapolis, Indiana, on or 
 about the 16th day of May, 1864 
 
 Specification Second.— In this, that the 
 said I^rrison H. Dodd did accept and hold 
 the olRce of Grand Commander, or Com- 
 mander-in-Chief, of the Military forces, for 
 the btate of Indiana, in a certain secret 
 society or order, known as 'the Order of 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 19 
 
 American Knights, or Order of the Sons of 
 Liberty, which said officer and order were 
 unknown to the Constitntion or Laws of the 
 United States, and were not in aid of, but 
 opposed to, the constituted legal authori- 
 ties thereof. This at or near tlio city of 
 Indianapolis, Indiana, on or about the 10th 
 day of February, 1864. 
 
 Speoifio.ition Third. — In this, that the 
 said Harrison II. Dodd did appoint, and 
 aid to appoint, and did recognize, witliin 
 the State of Indiana, and within the ju- 
 risdiction of the United States , and while 
 acting as Grand Commander, or Command- 
 er-in-Chief, of certain Military forces, in the 
 State of Indiana, a certain secret society or 
 order, known as the Order of American 
 Knights, or the Order of the Sons of Lib- 
 erty, certain persons by the title and grade 
 of Major General, the same being unknown 
 to the Military Laws of the United States, 
 or to the Military Laws of the State of In- 
 diana, and did treat and accredit them as 
 such, subordinate to him as Grand Com- 
 mander, for the purpose of creating and 
 perfecting a military organization within the 
 United States, hostile to, and designed to 
 overthrow, the Government and the legally 
 constituted authorities of the United States. 
 This at or near the city of Indianapolis, Indi- 
 ana, on or about the 10th day of May, 1864. 
 
 SPEctPiCATiou FouKTH. — In this, that the 
 said Harrison H. Dodd did, while assuming 
 to act as Grand Commander, or Command- 
 er-in-Chief, of certain MiUtary forces in the 
 State of Indiana, and within the jurisdio- 
 • tion of the United States, of a certain order, 
 known as the Order of American Knights, 
 or Order of the Sons of Liberty, recognize 
 as the highest Military authority in the 
 United States an officer unknown to the 
 Constitution and Laws of the United States, 
 styled Supreme Commander, or Command- 
 or-in-Chief of all Military forces belonging 
 to the order in the various States, for the 
 United States, said officer being recognized 
 by said Dodd as clothed with authority 
 over all the military forces of said order 
 within the United States when called into 
 active service, and holding his, the said 
 Dodd's, obligation of obedience to said Su- 
 preme Commander to be absolute and un- 
 limited, and paramount to the laws of the 
 land, or orders emanating from the author- 
 ities or President of the United States. This 
 at or near the city of Indianapolis, Indiana, 
 on or about th? 17th day of February, 1864. 
 
 SpEOincATioy Fifth. — In this, that the 
 said Harrison H. Dodd did attempt to pre- 
 vent the further enlistment of citizens in 
 the armies of the United States, declaring 
 the Government thereof to be a usurpation, 
 and to be expelled by force of arms ; and 
 did take, and cause other citizens to take, 
 a solemn oath, inconsistent with and in 
 violation of their duties as citizens of the 
 United States, and did attempt to arm cer- 
 
 tain disloyal citizens of the United States, 
 for the purpose of resisting the laws and 
 duly constituted authorities of the United 
 States, and for the purpose of establishing, 
 or assisting to establish, a separate and 
 independent government within the limits 
 of the United States. This at or near the 
 city of Indianapolis, Indiana, on or about 
 the 17th ^ay of February, 1864. 
 
 CHARGE FIFTH.— Violation, of the Laws 
 of War. 
 
 Specification First. — In this, that the 
 said Harrison H. Dodd did, while the Uni- 
 ted States were carrying on war against tho 
 enemies of the United States, and while 
 pretending to be a peaceable, loyal citizen 
 of the United States, violate his allegiance 
 and duty as a citizen of said Government, 
 and did attempt to introduce said armed 
 enemies of the United States into the loyal 
 States of the United States, thereby to 
 overthrow and destroy the authority of the 
 United States. This at or near the city of 
 Indianapolis, Indiana, on or about the 16th 
 day of May, 1864. 
 
 Specification Second. — In this, that the 
 said Harrison H. Dodd did, during a war 
 between the United States and the ene- 
 mies of the United States, and while pre- 
 tending to be a peaceable, loyal citizen of 
 the United States, organize and extend a 
 certain secret society or order, known as the 
 Order of American Knights, or Sons of 
 Liberty, having for its purpose tlie same 
 general object and design of the said ene- 
 mies of the United States, and with the 
 intent to aid and insure the success of said 
 enemies in their resistance to the legally 
 constituted authorities of tlie United States, 
 This at or near the city of Indianapolis, 
 Indiana, on or about the 16th day of May, 
 1864. . H. L. BURNETT, 
 
 Judge Advocate Department of the Ohio atid 
 
 Northern Department. 
 
 To which Charges and Specifications, to 
 all and severally, the accused pleaded Not 
 Gotltt. 
 
 Felix G. Stidgee, a witness for the Gov- 
 ernment, was then introduced into Court, 
 and being duly sworn by the Judge Advo- 
 cate, testified as follows :* 
 
 Question by the Judge Advocate. State 
 your name and place of residence. 
 
 Answer. Felix G. Stidger. I resided all 
 the summer in Louisville till the first of 
 September ; I am now living in Illinois. I 
 resided four months and a half in Louis- 
 ville before going to Illinois. 
 
 'Th& admirable manner inwufch Mr. Stidger acted tho 
 part of a United States Detective, was sliown by the fact, 
 that up to the moment of his appearance as a witness, tho 
 accused had no suspicion of hlo uemg other than a 
 co-conspirator. At tne iiistaDt of Stidger's appearance 
 on the witness stand, Dodd stared at him in bewildered 
 surprise, as though lie found it diiUcult to admit tho ovi' 
 deuce of his own ecnses. 
 
20 
 
 TKEASON TRIALS AT INDIANAPOLIS. 
 
 Q. Where did you live previous to that 
 time? 
 
 A. I was in Taylorsville, Kentucky, thirty- 
 one miles south-east of Louisville, for ten 
 months previous to that. 
 
 Q. Are you a native of Kentucky? 
 
 A. I am, sir. 
 
 Q. Please to state to the Commission 
 where, if ever, you had any knowledge of 
 the existence of a secret society, or order, 
 known as the Order of American Knights, 
 or Order of the Sons of Liherty; when your 
 attention was first directed to it, and how. 
 
 A. On the 6th day of May I started from 
 Louisville, Kentucky, and went to Dr. 
 Bowles and conversed with him on the 
 subject of the Order of the Sons of Liberty. 
 He gave me the first information on the 
 subject. 
 
 Q. State how you came to go to Dr. 
 Bowles' to converse upon that subject. 
 
 ^A. I was sent there by Captain S. E. 
 Jones, Provost Marshal of the District of 
 Kentucky, to converse with Dr. Bowles 
 upon the subject of this secret order. 
 
 Q. Did you, in that conversation, learn of 
 the existence of any such order? 
 
 A. Yes, sir, I did. 
 
 Q. State what was your next step in ob- 
 taining information upon the subject. 
 
 A My next information was in a second 
 interview I had with Dr. Bowles at his 
 house at French Lick Springs. That was 
 about the 20th of May, I think. For the 
 first interview I started on the 6th, and 
 arrived there on the 9th of May, 1864. 
 
 Q. State whether you were ever initiated 
 into any secret order; if so, state when and 
 where? 
 
 A. I was regularly initiated in the First 
 Temple Degree of the Order of the Sons of 
 Liberty only, the Vestibule. The first de- 
 gi-ee was given me in Louisville. The 
 second degree I heard, but did not take. 
 The third degree I was instructed in, in this 
 city, by Mr. Harrison. 
 
 Q. When was that? 
 
 A. It was about the 5th or 6th day_of 
 June, 1864. 
 
 Q. Who is this Mr. Harrison ? 
 
 A. He represented himself as the Secre- 
 tary of the Grand Council of this State. 
 
 Q. State where, if ever, you have come 
 in contact with Harrison fi. Dodd, the ac- 
 cused, in connection with this organization. 
 
 A. I have. I saw him on the same day 
 that Harrison instructed me in the third 
 degree. That was on the first Sunday in 
 June. 
 
 Q. Where did you first meet Mr. Dodd? 
 
 A. I first saw him in the ofiice of Mr. 
 Bingham, editor of the Indianapolis Sen- 
 tinel. 
 
 Q. Who was present? 
 A. Mr. Bingham was there — at least I 
 received an introduction to a gentleman as 
 such. 
 
 Q. What conversation, if any, took place 
 between you and Mr. Dodd at that time? 
 
 A. I presented a letter of introduction 
 from Judge Bullitt, and was recognized by 
 Mr. Dodd as the person referred to in the 
 letter. 
 
 Q. What became of that letter? 
 
 A. I gave it to Mr. Dodd. 
 
 Q. Was that any thing more than a letter 
 of introduction, or did it accredit you as a 
 member of the order? 
 
 A. Here is the letter. [The witness here 
 produced the letter.] 
 
 Q. Do you know it to be Judge Bullitt's 
 signature? 
 
 A. I saw him sign it. I got the letter 
 this morning at General Carrington's head- 
 quarters. How it got there, I do not know. 
 
 [The letter referred to was then offered 
 in evidence by the Judge Advocate.] 
 
 Q. You may now state what your con- 
 versation with Mr. Dodd was, when you de- 
 livered that letter. 
 
 A. I was sent to Dr. Bowles and Mr. 
 Dodd by Judge Bullitt, in reference to Mr. 
 CoflBn, who was living in this city, and who 
 was then employed as a Detective oflScer by 
 the Government. My instructions were, 
 that Cofiin was to be put out of the way at 
 all hazards. 
 
 Q. What do you mean by being " put out 
 of the way?" 
 
 A. I understood he was to be murdered. 
 I stated my instructions to Mr. Dodd. 
 
 Q. From whom did you receive those 
 instructions ? 
 
 A. They were from Judge Bullitt to Dr. 
 Bowles and Mr. Dodd, and whoever else I 
 might think well to communicate it to. 
 
 Q. AVho did that message relate to? 
 
 A. To Mr. Cofiin, United States Detective. 
 
 Q. What was said by Mr. Dodd in refer- 
 ence to that message? 
 
 A. I do not remember distinctly, except 
 that CoflSn and such men were to be dis- 
 posed of. 
 
 Q. What injury had Coffin done to Dodd, 
 or to Bullitt, or Bowles? 
 
 A. I do not know of any, except that he 
 was acquainted with their secrets; I mean 
 the secrets of the Order of the Sons of 
 Liberty. 
 
 Q. What was done by Dodd in this 
 matter?. 
 
 A. There was nothing in particular done, 
 but he expressed himself in favor of Coffin 
 being disposed of, and that he agreed with 
 Judge Bullitt. 
 
 Q. Do you know if Dodd was a member 
 of the Order of American Knights, or of 
 the Order of the Sons of Liberty? 
 
 A. He did not say in so many words that 
 he was. I found it out afterward, from 
 what he said, and from what others said. 
 
 Q. State if any thing was done in refer- 
 ence to the contemplated assassination of 
 Mr. Coffin. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 21 
 
 A. Not at that time. 
 
 Q. How long were you present in your 
 interview with Mr. Dodd ? 
 
 A. Pi'obably an hour, or more. 
 
 Q. Was that the only subject under dis- 
 cussion? 
 
 A. Nothing particular do I recall now, 
 except some outside matters. 
 
 Q. Was any thing said at that interview 
 respecting the Order ? 
 
 A Not a word. 
 
 Q. When did you next see Dodd? 
 
 A. On the 14th day of June. It was the 
 5th or 6th of June that I first saw him. It 
 was the first Sunday in June. 
 
 Q. How are you able to fix the dates of 
 these interviews with exactness? 
 
 A. By knowing the date of the meeting 
 of the Grand Council of the Order of the 
 Sons of Liberty, which was on that day. 
 
 Q. Where did they meet ? 
 
 A. In the fourth story of the building 
 occupied by Mr. Dodd, as printer. 
 
 Q. Were you present at that time at that 
 meeting? 
 
 A. I was. 
 
 Q. State how many persons you met at 
 that time, and mention their names. 
 
 A. I can recollect Mr. Dodd, Mr. Harri- 
 son, Dr. Bowles, Mr. Milligan, Mr. Hum- 
 phreys, and Dr. Gatling,* and there were 
 others whose names I do not remember. 
 
 Q. What process had one to go through 
 to gain admission to those meetings ? 
 
 A. It was by a password. The password 
 was the word of the order. On the day re- 
 ferred to, the password was "'America." 
 
 Q. Was that the word by which you 
 gained admission to the meeting? 
 
 A. No, sir; I was in the room when the 
 meeting commenced. I was known as a 
 third degree member, and the word was 
 given after I got into the room. It was 
 given to every person in the room by Mr. 
 Dodd. 
 
 Q. Did you at the time hold any office ? 
 
 A. Yes, sir ; I was Secretary of the Grand 
 Council for the State of Kentucky. At that 
 time we had no -organized Grand Council 
 I was appointed by the Chief Officer of the 
 State. 
 
 Q. Who was that? 
 
 A Judge Bullitt. 
 
 Q. Do you still hold that position in Ken- 
 tucky? 
 
 A. I do not know if such an office now 
 exists ; but if it does, I' may still be consid- 
 ered as holding that position. 
 
 Q. Do I understand that you were at that 
 meeting on the 14th or 15th of June, 1864 ? 
 
 A. Yes, sir, I was; and Mr, Dodd was 
 there too. 
 
 Q. State, as nearly as you can, what took 
 place at that meeting. 
 
 *The inviiiitor of the gun, with reTOlving rid* barrels, 
 mounted on wheels, known as tho Gatling gun, and 
 exhibited in many Northern cities during 1861. 
 
 A. Mr. Dodd opened the meeting by re- 
 marking that they wanted to define the 
 politics of the order ; if they had any, he 
 wanted to know what they were. Commit- 
 tees were appointed to consider the military 
 organization of the order. Thero was also 
 a Committee on Education, and one to ex- 
 amine into a secret discovery of a member 
 of the order; and there were other com- 
 mittees, the objects of wliich I do not now 
 recollect. Then the case of Coffin was 
 brought up before the Council and discussed 
 at length. 
 
 Q. Do you mean before the whole meet- 
 ing? 
 
 A. Yes, sir, before the whole Council. 
 
 Q. What was the nature of that discus- 
 sion? 
 
 A. About various things Coffin had done 
 as a detective for the benefit of the United 
 States Government ; and it was finally de- 
 cided that he should be murdered. 
 
 Q. Was that the decision of the order ? 
 
 A. Yes, sir. It was Icnown that there 
 was to be a meeting at Hamilton, Ohio, on 
 the next day, and it was supposed Coffin 
 would be there. Mr. Dodd called on the 
 meeting to know what members would vol- 
 unteer to go to the meeting with him, to 
 put Coffin out of the way. There was a 
 man by the name of McBride, from Evans- 
 ville, Ind., who said he knew Mr. Coffin 
 well, but he was sorry he was so situated 
 he could not go. That closed the proceed- 
 ings of the morning, and is all I remember 
 of it now. We met from 10 to 12 o'clock. 
 In the evening the committee reported; 
 they reported in favor of a military organi- 
 zation of the order, and of organizing and 
 equipping as rapidly as possible. That com- 
 mittee was composed of Dr. Bowles, Mr. 
 Milligan, Dr. Gatling, and other names I do 
 not remember. I distinctly remember that 
 they wished the military organization should 
 be completed as quickly as possible. Somo 
 
 Eroposed to raise means by taxing the mem- 
 ers of the Order ; some by subscriptions ; 
 and others voted that the members should 
 individually arm themselves. They finally 
 decided that each sub-district should arm as 
 they could. The subject of education was 
 discussed, and a resolution was oflfered on 
 the subject, recommending the establish- 
 ment of Democratic schools. I do not re- 
 member whether the resolution was over- 
 ruled or not. 
 
 Q. Was any thing further done respecting 
 Coffin, at the morning meeting ? " 
 
 A His case was put off till the evening. 
 It was discussed both morning and evening. 
 Mr. Dodd volunteered to go to Hamilton, 
 and, if Coffin was there, to dispose of him ; 
 and he wanted to know who would go with 
 him, as I have before stated. 
 
 Q. What was the final arrangement for 
 disposing of Coffin, at Hamilton? 
 
 A. I met Mr. Dodd and Dr. Bowles. They 
 
22 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 asked me if I had seen Coffin. I told them 
 that I did not know the' man. They said 
 they did not believe he was there; they 
 hunted for him, but could not find him at 
 the meeting, and nothing further was deter- 
 mined upon with resjjeot to the day, or 
 place of rendezvous. 
 
 Q. State, if you know, how far the organ- 
 ization of this order partook of the nature 
 of a nailitary organization, and whether 
 they had drills, and officers, and reports, 
 similar to those appertaining to the organi- 
 zation of an army. 
 
 A. I can not say any thing more than 
 what I was told. Dr. Bowles told me that 
 he had his command organized, and divided 
 into regiments and companies, and officers 
 appointed, except in one districrt, and he 
 told me that he was going to organize that 
 district, and that they were drilling at any 
 Bn.itch times they could get. 
 
 Q. When was this told to you ? 
 
 A. Previous to that meeting. 
 
 Q. Do you know, of your own Jsnowledge, 
 any thing of the military orga,nization of 
 the order ? 
 
 A. No, sir. 
 
 Q. Did you ever see them drilling ? 
 
 A. No, sir, and know ot nong, except 
 what Dr. Bowles and other .members of the 
 order told me. ; - . - 
 
 Q. Did Mr. Dodd tell you any thing at 
 any time ahout .drilling ? 
 
 A. No, sir. 
 
 Q. State when next you saw Dr. Bowles 
 or Mr. Dodd, and , where — that is, after the 
 meeting on the 14th day of June, J 864. 
 
 A. I next saw Dr. Bowles in Louisville, at 
 the Louisville Hotel. I think I never sav/ 
 Mr. Dodd any-where except here, and once 
 in Hamilton. 
 
 Q. What was Bowles doing at Louisville? 
 
 A. He was getting up and superintending 
 the Greek fire arrangement. He had a 
 chemist there, and was experimenting and 
 explaining it . to the members who were 
 present. ,, This Greek fire, as it was called, 
 was invented, by a man named vR. C. Book- 
 ing.* The jnembers of this order were to 
 use it for the purpose of destroying Govern- 
 ment property. , 
 
 Ql. Did you gee Bowles there with this 
 man Booking.? 
 
 A. Yes, sir, I did ; he was experimenting 
 and explaining. , , . 
 
 Q. Had you any further talk with Bowles 
 about the military organization of this or- 
 der at that time ? 
 
 A. Yes, sir. It was in substance the same 
 as the conversation we had had before, 
 namely, that they were completing their 
 military organization as fast as possible. 
 
 Q. Did he say that they were drilling ? 
 
 A. No, sir. 
 
 * A resident of Cincinnati ; formerly a commission 
 merobjint. Subsoquontly a oaptalu of artillery, United 
 ntates Volunteers. 
 
 Q. Did he say any thing about opposing 
 the draft and enlistments ? 
 
 A. I do not remember that any thing was 
 said about that. They did not seem to care 
 about the draft. 
 
 Q. Was any thing said about it at the 
 meeting ? 
 
 A. No, sir. 
 
 Q. What was their avowed purpose then? I 
 
 A. Their organization was for the general j 
 purpose of opposing the Government in ' 
 every possible way, and by force of arms, 
 and they expected to co-operate with the 
 rebel forces. 
 
 Q. Who told you so ? 
 
 A. Mr. Dodd and Dr. Bowles both told me 
 so. 
 
 Q. What further passed betwe&n you and 
 Dr. Bowles at Louisville ? 
 
 A.,^ He was . present at the experiments. 
 He introduced us to the company, and this 
 man Bdckihg went to woi'k to explain the 
 hand grenades, and the machine for setting 
 boElts .and Government buildings on fire. 
 This machine will set a building on fire at 
 a given time ; it is something like a clock. 
 It is Kfound up, and at a certain time it will 
 set any. boat or building on fire, in which it 
 may be. left. It is put in a box or trunk, 
 and might be put on hoard a boat or left 
 in awheuse without exciting any suspicion, 
 Mr. Booking also had a muster-roll of rebel 
 prisoners, that were designed to be turned 
 over to the rebel army. He said a part oi 
 them who had enlisted in an Indiana Bat- 
 tery had deserted in Tennessee, and had 
 carried over a portion of a battery with 
 them. 
 
 Q. Did Bowles inform you that any Gov- 
 ernment stores had been destroyed by this 
 invention you have described? 
 
 A. He did not at that time, but he did 
 before. He said that those two boats that 
 were4,desta:Qyed.,at.the wharf, at Louisville, 
 were burned by this Greek fire arrange- 
 mfent. ...He •said that there .liad been fires 
 before, ajad that they had been caused by 
 this Greek fire, and ha3 b^een done by this 
 Order of the Sons of Liberty. 
 
 Q. X)id that close your interview at Louis- 
 ville? 
 
 A. Yes, sir. 
 
 Q. State what your next connection with 
 the order was,, whom you saw, and what 
 was said. 
 
 A. I was in constant.- communication in 
 Louisville with Dr. Bullitt and some other 
 members of Kentucky, and also when I was 
 up here. 
 
 Q. Can you name the next time you saw 
 Mr. DodAorJDr. J3o.wles?. . 
 
 A. The next time I saw Dr. Bowles was 
 at his.;own bouse, ajbout the last of July. 
 
 Q. What was said and done there? 
 
 A." At that time I ha,A the whole pro" 
 gramme of the uprising of the order, and 
 evei^ thing they were to do respecting tho 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 23 
 
 seizing of the United States arsenals, the 
 liberation of the rebel prisoners, and the 
 concentrating of the members of the order. 
 
 Q. From whom did you get this pro- 
 gramme? 
 
 A. From Mr. Dodd. 
 
 Q. Was it given to you in writing ? 
 
 A. No, sir, it was given verbally. lie 
 pressed upon me the importance of secrecy, 
 and reduced nothing whatever to writing. 
 
 Q. Where was he when he gave you this 
 information ? 
 
 A. At his business place in this city. 
 
 Q. Didany oneclse hear the conversation ? 
 
 A. There were others in the room, but no 
 one else heard the conversation ? 
 
 Q. How was it that you came to be in this 
 city? 
 
 A. There was to be a meeting in Chicago 
 on the 20th day of July, and Judge Bullitt 
 left Louisville in time to be here. He was 
 expected back in five days from a meeting 
 in Chicago. Dodd had been to New York. 
 I came to Indianapolis on no particular 
 business, but arrived here on the day of 
 Dodd's return. I learned from him that the 
 programme had all been decided on. He 
 told me to get him twenty or thirty good 
 runners. They were to notify our men and 
 have them ready when Judge Bullitt got 
 back. I went down to get on to the train, 
 and pretty soon I saw Bullitt come on board. 
 He looked as though he had been traveling, 
 and he told me that he had just come to 
 town on the Bellefontaine train. AVe went 
 into the cars, and he told me that the pro- 
 gramme was all arranged. We talked only 
 a few minutes, and did not get together 
 again during the ride. We kept apart -for 
 prudential reasons. In the evening, when 
 he got to Jeftersonville, Indiana, he hired a 
 buggy, and I visa to take him across the 
 river. He did not want to go through the 
 town. He did not wish his acquaintances 
 to know that he was there. He gave me 
 the names of A< 0. Brannan and Dr. Bay- 
 less, to send them to his house, to whom he 
 would impart this programme, and next 
 morning I was to send to Dr. Kalfus and 
 Mr,. W, B. Thomas; and then he said he did 
 not care much if he was arrested. These 
 men, ha said, cpuld carry on the organiza- 
 tion, and in the uprising they could release 
 him. Mr. Thomas was the jailor in Louis- 
 ville. Immediately on the landing of the 
 boat at the Louisville side, he was arrested, 
 and taken to Colonel Farleigh's headquar- 
 ters.* 
 
 Q. How did that arrest occur 1 
 
 A. It was caused by an order from this 
 city. The order said Judge Bullitt would 
 be down on the train that day, and that he 
 was tq be arrested immediately on hia arri- 
 val there. 
 
 * Judge Bullitt, on hlfl arrest, was sent to Fort Lafay- 
 ette. 
 
 Q. Did he have an interview with the four 
 men named ? 
 
 A. No, sir : he did not get to see them. 
 
 Q. Did these men belong to the order? 
 
 A. Dr. Kalfus and Mr. Thomas were mem- 
 bers of the order. The other two I did not 
 see. 
 
 Q. How do you know they were members 
 of the order ? 
 
 A. By having met Thomas in the Grand 
 Council, and from Dr. Kalfus giving mo the 
 signs and secrets, and from seeing him give 
 them to others.* 
 
 Q. State, as nearly as you can, what was 
 the plan that Mr. Dodd and Dr. Bowles in- 
 formed you had been arranged at the meet- 
 ing in Chicago, and who were the leaders. 
 
 A. I was sent back here on Monday night 
 by Kalfus and Thomas, Bullitt being ar- 
 rested. I told them of Bulhtt's arrest, and 
 mentioned the programme to them that 
 Bullitt had spoken of — that two gentlemen 
 should be sent out there on Saturday, and 
 two on Sunday, that Bullitt might impart 
 to them the programme. Bullitt did not 
 impart it to me, and did not intend to. 
 Kalfus made arrangements with Dr. Helm, 
 who said he was personally acquainted with 
 Mr. Dodd, that he was to come up here if 
 he could, but as he did not come up, they 
 directed me to come here on Monday night. 
 Kalfus and Thomas approved of this order, 
 and sent me here to learn from Dodd the 
 arrangement and plan agre<-'<l upon at Chi- 
 cago. I came here and told Dodd of Bul- 
 litt's arrest. He asked me if Bullitt was 
 searched. I said not. He appeared very 
 much excited, and said he hoped they 
 treated him like a gentleman, and not 
 search him; that he had drafts on Montreal 
 for money. He said he told Bullitt, when 
 he left Chicago, that he had better not go 
 to Canada^ that it would create suspicion, 
 and that he might have known he would 
 be arrested. Mr. Dodd was so much excited 
 that he gritted his teeth. 
 
 Q. Where was it you saw Dodd, when you 
 informed him of Bullitt's arrest? 
 
 A. It was in Dodd's oiSce, at his business 
 house in this city, about nine o'clock in the 
 morning. It was Tuesday, and about the 
 last of July. I have a. memorandum by 
 which I can fix the date ; it is the report I 
 made to General Carrington at the time. 
 
 Q. You may produce the memorandum. 
 
 A. I have not the report made at that 
 time. I gave it to General Carrington in 
 person. It was on Tuesday ; either the last 
 Tuesday in July, or the first Tuesday in 
 August. 
 
 Q. State what Dodd told you was the 
 plan agreed on at Chicago. 
 
 A. Dodd said they had agreed to seize 
 the camps of rebel prisoners here — Camp 
 
 *Mr. Stldger, diirlnp a portion of the time l)o wa» 
 TTnited States Doteotivo, wiu a ^>' Htudeut of mcdicino'* 
 iu tlie office of Dr. KalfuB, LouiiYiUe. 
 
24 
 
 TEEASON TRIALS AT INDIANAPOLIS. 
 
 Morton; Camp Chase, in Ohio; Camp Doug- 
 las, at Chicago, and the Depot of Prison- 
 ers, at Johnson's Island. They were going 
 to seize the arsenals here, and at Spring- 
 field and Chicago, Illinois. They were 
 going to arm these prisoners with the arms 
 thus seized; raise all the members of the 
 order they could, and arm them, and organ- 
 ize as many men as they could on the 15th 
 or 16th of August; for that was fixed as the 
 day of the uprising. Each commander was 
 to move all his men toward, and concen- 
 trate them in, Louisville. They were to get 
 the co-operation of Colonel SypMert and 
 Colonel Jesse, of the rebel army, who were 
 then in Kentucky, and who were to seize 
 Louisville, and hold it until their forces 
 could co-operate. They were to seize Lou- 
 isville and Jeffersonville and New Albany, 
 and the rebels were to hold them until 
 these forces could come to Louisville to 
 assist in holding these places. 
 
 Q. Was there any difference of opinion 
 at Chicago as to the course to be taken? 
 
 A. At Chicago there was a difference 
 about whether they were to wait until after 
 they were sure of the co-operation of rebel 
 forces, or go ahead without waiting for the 
 rebels. 
 
 Q. How was the matter finally fixed? 
 
 A. Dodd sent Harrison to see Milligan, 
 Humphreys, and Walker, and get them hero 
 before that day. They did not come. Dodd 
 read me letters from them, which were not 
 signed, but which, he said, were from them. 
 They said they were to go ahead at the 
 time designated to release and arm the 
 prisoners and members of the order, and 
 eventually to unite at Louisville. Harrison 
 was a messenger who went to see these men, 
 and have them come here. I left on Sat> 
 urday. He did not send to Walker, for he 
 was in New York, and expected to be here 
 that week. He also sent a, messenger to 
 Dr. Bowles. 
 
 Q. From whom did Dodd read letters to 
 you? 
 
 A. He read letters purporting to come 
 from Milligan and Humphreys; but I am 
 not sure whether there was one from Dr. 
 Bowles or not. 
 
 Q. Did you see the signatures or hand- 
 writing? 
 
 A. 1 saw the handwriting. 
 
 Q. Did you recognize it? 
 
 A. I did not. 
 
 Q. If Dodd told you who were at Chicago, 
 stale who they were? 
 
 A. I did not learn of any one being there 
 but Judge Bullitt, Dr. Bowles, Dick Barrett 
 [afterward corrected to James A. Barrett], 
 Dodd, and Walker. 
 
 Q. Howdidyou learn that they were there? 
 
 A. From Dodd. He told me they were 
 there. He arranged this plan. There were 
 other persons there from Illinois and from 
 this State. 
 
 Q. What day did they meet at Chicago? 
 
 A. The meeting was to have been on the 
 20th of July, and was called about that 
 time. 
 
 Q. Was it first arranged to have a meet- 
 ing earlier than that? 
 
 A. It was first arranged to have a meet- 
 ing of the Supreme Council of the Order 
 on the first day of July. 
 
 Q. Why did that meeting not take place ? 
 
 A. It was postponed on account of the 
 postponement of the National Democratic 
 Convention. 
 
 Q. Did it take place on the 20th of July? 
 
 A. Yes, sir. 
 
 Q. Did you learn from Dodd what rank 
 these men had in the order? 
 
 A. Yes, sir. 
 
 Q. What rank did Dodd hold in the 
 order? 
 
 A. He was Grand Commander of the 
 State of Indiana. 
 
 Q. What rank did Bowles have in the 
 order ? 
 
 A. Major General of the order, command- 
 ing one of the districts of the State. 
 
 Q. What rank did David T. Yeakle hold? 
 
 A. He had held the same rank as Bowles; 
 but was thrown out on the 14th day of 
 June, and Walker elected in his place. 
 
 Q. What rank did Milligan hold? 
 
 A. The same as Bowles. 
 
 Q. What rank did Walker hold? 
 
 A. The same as Bowles. 
 
 Q. What was the rank of J. F. Bullitt? 
 
 A. Grand Commander of the State of 
 Kentucky. 
 
 Q. How do the Grand Commanders rank 
 in the order, compared with Major Generals? 
 
 A. Grand Commanders rank over Major 
 Generals. ; 
 
 Q. Who composed the meeting at Chi- 
 cago? 
 
 A. They were Major Generals and Grand 
 Commanders of the order. 
 
 Q. What day was set for the uprising to 
 take place? 
 
 A. The first time was set in Illinois, which 
 was to be the 3d or 17th of August. Dodd 
 told me at the last meeting, the 15th or 
 16th was the day set. 
 
 Q. Why do you say it was on the 3d or 
 the 17th of August? 
 
 A. That was the day given me by Piper, 
 of Springfield. The day was to be as Val- 
 landigham chose. That is what Piper told 
 me. 
 
 Q. Who is Piper? 
 
 A. He said he had an appointment on 
 Vallandigham's staft". 
 
 Q. What is Vallandigham's rank in the 
 Order of the Sons of Liberty? 
 
 A. Supreme Commander of the United 
 States. 
 
 Q. Did you learn if his orders were to be 
 supreme — above all other orders or laws? 
 
 A. I learned from members of the order, 
 
TKEASON TRIALS AT INDIANAPOLIS. 
 
 25 
 
 that his orders were to be obeyed above all 
 other orders, and the books of the order 
 taught as much. 
 
 Q. Did you meet Piper as a member of 
 the order? 
 
 A. I met. him in the Grand Council of 
 the State of Kentucky. 
 
 Q. Was the time of this uprising to be as 
 Vallandigham should determine? 
 
 A. That was ,the fiidt programme. The 
 day had been set from the 3d to the 17th, 
 and if they were sufficiently ready, he was 
 to decide on which day they should rise. 
 
 Q. Where was this uprising to be? 
 
 A. It was to be general in Ohio, Indiana, 
 Illinois, Missouri, and as much of Kentucky 
 as could be worked. 
 
 Q. Did you know of Dodd, or any mem- 
 bers of the order, taking steps to commu- 
 nicate to rebels any thing about the order ? 
 
 A. I know of members of the order do- 
 ing so. A rebel colonel was given the 
 secrets of the order, and requested to dis- 
 seminate them at the South. Judge Bullitt 
 admitted to me that he had tried to have 
 a conference with Colonel Jesse. 
 
 Q. Who else did he communicate with? 
 
 A. He also sent a man to have a confer- 
 ence with Colonel Syphert, of the rebel 
 army, to ascertain when he could best co- 
 operate with him, or whether he could use 
 his forces in the capture of Louisville. 
 
 Q. With what forces did Bulhtt propose 
 to co-operate with him? 
 
 A. He proposed to co-operate with the 
 forces in this order. 
 
 Q. Was any rebel colonel initiated into 
 this order, and given particular instruc- 
 tions? 
 
 A. Yes, sir. 
 
 Q. When and where? 
 
 A. In the city of Louisville, in July; 
 about the last of July. 
 
 Q. How did he happen to be in Louis- 
 viUe? 
 
 A. He was there on parole. He tried to 
 get the military authorities to banish him 
 to Canada; and he told me that he would 
 then go South, and take up arms again ; and 
 if they did not banish him to Canada, he 
 said he would go to Canada any way. From 
 there he would go to Mexico, and take the 
 oath of allegiance to the Mexican Govern- 
 Bient, which would release him from his 
 oath to the United States Government. He 
 would then come back to the South and 
 take up arms again for the Confederacy. I 
 so reported to Colonel Farleigh, and the 
 papers were not given him. He did go to 
 Canada. I saw a letter afterward from him 
 at Winchester. He sent back for the rit- 
 ual and the unwritten work of the order, 
 which was to be written in secret cypher 
 and sent to him. 
 
 Q. Did he get it? 
 
 A. He did not, because the military 
 authorities had seen the letter before the 
 
 officer to whom it was written got it, or had 
 an opportunity of seeing it. 
 
 Q. State whether in any of the meetings 
 of these lodges of which Mr. Dodd was a 
 member, and at which he was present, he 
 there used any language, or performed any 
 acts which denied the authority of tlie Gen- 
 eral Government to suppress the rebellion 
 by force of arms. If so, what? 
 
 A. He used language which strongly de- 
 nied that power to the Government. There 
 were no acts performed to my knowledge, 
 except what I have already detailed. 
 
 Q. Was there any such language used as 
 that this Government was a usurpation, and 
 ought to be set aside ? 
 
 A. The word usurpation was used. Also 
 the statement that this Government was a 
 "tyrannical usurpation," was used in the 
 meeting that day. 
 
 Q. Was it said that the Government 
 should be resisted because it was a usurpa- 
 tion? 
 
 A. Yes, sir. 
 
 Q. Was the doctrine inculcated that they 
 were to resist the draft ? 
 
 A. It was not. 
 
 Q. Was it inculcated, as a general doc- 
 trine, that they were to oppose coercion on 
 the part of the Government ? 
 
 A. Yes, sir. 
 
 Q. Did they, in this order, say tliat force 
 might yet be of use, on the principle of 
 overthrowing this Government, and estab- 
 lishing independent republics or govern- 
 ments within the States now belonging to 
 the United States ? 
 
 A. Their design was to carry a portion of 
 the States now composing the United States 
 into the Southern Confederacy. 
 
 Q. Was any thing said about establishing 
 a North-western Confederacy ? 
 
 A. Not in their lodges. It was discussed 
 by Dr. Bowles himself, privately. 
 
 Q. What was the general purpose of the 
 order ? 
 
 A. Its general purpose was to assist the 
 rebellion. 
 
 Q. You may state whether, at the first 
 meeting on the 14th of June, any address 
 was made by Dodd to the order. If so, 
 what it was. 
 
 A. He made no remarks except about the 
 purpose of the meeting. 
 
 Q. Was there any written address deUv- 
 ered by him ? 
 
 A. The address, which is printed as that 
 of the Grand Commander, was made in 
 February. I was given copies of it, and 
 was told Dodd was Grand Commander at 
 that time. 
 
 The Judge Advocate here handed the 
 witness a pamphlet containing an address 
 by the Grand Commander to the Grand 
 Council of the State of Indiana, and asked: 
 Is that one of the addresses. 
 
 A. The address in this pamphlet is Dodd'o. 
 
26 
 
 TREASON TEIALS AT INDIANAPOLIS. 
 
 The pamphlet is the proceedings of the 
 Grand Council of the State of Indiana, at a 
 session held the 16th and 17th of February, 
 1864. The first time I was here, one of 
 them was given me to give to Judgo Bullitt, 
 and v/hich I gave to him. It was about the 
 5th of June. 
 
 Q. Who gave it to you ? 
 
 A. It was given to me by Mr. Harrison. 
 All the books of the order I ever received 
 were given me by Harrison. 
 
 A pamphlet, entitled " Proceedings of the 
 Grand Council," etc., was here introduced 
 in evidence by the Judge Advocate. 
 
 The Judge Advocate here read extracts 
 from the address referred to, that "Lin- 
 coln's Government was a usurpation," etc. 
 He then passed to the witness a number of 
 pamphlets, from which he requested him to 
 select and specify to the Commission the 
 ritual, constitution, by-laws, etc., of the Sons 
 of Liberty, and state how he knew. them to 
 be such. 
 
 A. These pamphlets contain the obliga- 
 tions, pf. the. Vestibule and other obligations 
 of the Order of American, Knights, and the 
 ritual of the Order of American Knights, 
 which has no.w .givfen way to the Order of 
 ;the Sons of. Liberty. This- order was ex- 
 posed, and they made some. slight changes 
 in the ritual, and called it ,th« Ordet of 
 Sons of Liberty. These books contain 
 three parts of the ritual. They contain 
 what is known as the ritual and proper 
 work of the order given in all the lodges. 
 
 The pamphlets containing the ritual and 
 obligations of the order "0. A. K.," were 
 here introduced in evidence by the Judge 
 Advocate. 
 
 Q. Do you recognize that pamphlet, enti- 
 tled "S. L.," as the ritual of the first de- 
 gree? 
 
 A. This book contains what is known as 
 the Vestibule, or First Temple degree of 
 the Order of the Sons of Liberty. 
 
 The parnphlet, entitled "S. L.," was here 
 introduced in evidence by the Judge Advo- 
 cate. 
 
 Q. Do you recognize the pamphlet enti- 
 tled "I." "K. O. S. L.," as the ritual of the 
 second degree ? 
 
 A. That book contains the second and 
 third degrees of the order. They are known 
 as the conclave degrees, or second and third 
 degrees^ of the order, which are given men 
 initiated into the county temples. Eespon- 
 sible men are given the three degrees con- 
 tained in these books, and in each voting 
 precinct of a county where there is a county 
 temple, .branch temples are organized, in 
 which the Vestibule and first degrees are 
 given, but the members are not given all 
 the degrees of the order. Influential men 
 are given the three degrees. 
 
 The pamphlet, entitled " I." " K. 0. S. L.," 
 was her© Introduced by the Judge Advocate 
 in evidence. 
 
 Q. What is the specific difference between 
 the three degrees ? 
 
 A. In the books, there is no particular dis- 
 tinction. The members are as much bound 
 in the first as in the second or third de- 
 gree. More trust is reposed in the mem- 
 bers of the second and third degrees, and 
 they are given more of the secrets and ulti- 
 mate designs of the order. 
 
 Q. Are any but members of the second 
 and third degrees permitted to attend 
 meetings of the Grand Council? 
 
 A. If any delegates are elected, who are 
 not members of those degrees, they are 
 given the second and third degrees at the 
 session of the Grand Council — ^if they are 
 hot given in the county temple. 
 
 .Q. Was the plan for the attack upon the 
 arsenals and the camps of prisoners, im- 
 parted to any but third degree members? 
 
 A. It might have been imparted to other 
 members whom they had confidence in. 
 
 Q. Do you recognize the pamphlet enti- 
 tled "General Laws of the S. L." as per- 
 taining to the order? . j 
 
 A. This pamphlet is the constitution of 
 the county temple; which gav.erns . the 
 workings of, the county temples, and is 
 regulated by the State Council. .... 
 
 The pamphlet, entitled "General. -Laws 
 of,th« S. L.," was here introduced in .evi- 
 dence, by the Judge Advocate. 
 
 .Q. Do you recognize the pamphlet, enti- 
 tled "Constitution of the Grand Council 
 ofS.,. L,, of Indiana,"^ as pertaining to the 
 order? ... 
 
 A. ;That is the Constitution of the State 
 Council pf , Indiana,,, made by, the State 
 Council. Each State CoTincil of the order 
 makes its own constitution in accordance 
 with its own views,- but it- mustr npt, in any 
 particularj be in violation , of the.- .Consti- 
 tution of the Supreme Council of all the 
 States^ ■ ., , j^i J. .. > . j. ^. », 
 
 Tlie pamphlet, erititleci "Constitution of 
 the Grand Council, of S. L. ,of^, Indiana," 
 was here introduced in evidence by the 
 Judge Advocate. , , 
 
 Q. Do you recognize the pamphlet, enti- 
 tled "Constitution and Laws of the S. 
 G. C.,' as pertaining to the order? 
 
 A. This pamphlet is the Constitution of 
 the Supreme Council of all the States. 
 
 The pamphlet, entitled "Constitution 
 and Laws of the S. G. C," was here intro- 
 duced in evidence by the Judge Advo- 
 cate. 
 
 The Judge Advocate here handed the 
 witness a book entitled "Eoll of Prisoners," 
 and asked: 
 
 Q. Do you recognize that book? * 
 
 A. Harrison had a series of these books, 
 which he showed to me and explained the 
 
 * A small account book, conttiining a list of the mem- 
 bora of the Order of tho Sous of Liberty, in Indianapo- 
 lis; also lists of several companies of rebel nrisonera, 
 contiued in Camp Morton. ! 
 
TRKASON TRIALS AT INDIANAPOLIS. 
 
 27 
 
 manner of keeping them. He told me all 
 the names in this list, (witness pointing out 
 the list of names, with numbers "1" and "3" 
 opposite in parallel column) were those of 
 members of tho order. Those numbered 
 "1" at that time had taken the first 
 degree, and those marked "3" had taken 
 the third degree, lie had a number of 
 other books in which he kept the accounts 
 with the county temples — the amount 
 they had paid in for organization fees, for 
 books, for regular monthly dues, and for 
 annual dues. They also gave the names of 
 the officers of all the county temples which 
 had reported to him, the amount due from 
 them, the amounts paid, and what for. I 
 have seen this book before. It was kept 
 by Harrison, and contained the names of 
 the members of the order here. 
 
 The book entitled the "Eoll of Prison- 
 ers," was here introduced in evidence by 
 the Judge Advocate. 
 
 Q. Does that book contain the names of 
 officers of the county temples? 
 
 A. Harrison had other books which con- 
 tained the names of officers of the county 
 temples. 
 
 The Commission then adjourned, to meet 
 on Wednesday, September 28, at eight 
 o'clock. 
 
 CouiiT I1005I, Indianapolis, Indiana, } 
 September 28, 18G4, 8 o'clock, A. M.j 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present; also the Judge 
 Advocate, the accused, and his counsel. ' 
 
 The proceedings of yesterday were read 
 and approved. 
 
 Felix G. Stidger, a witness for the Govern- 
 ment, then proceeded with his testimony, 
 as follows: 
 
 Question by the Judge Advocate. State 
 to the Commission what interviews you 
 had with Mr. Bodd at his house, or other- 
 wise. 
 
 A. I was at Mr. Dodd's house twice, but 
 only saw him there once. It was on a Fri- 
 day night. , Mr. Harrison was there also, 
 and in speaking of the uprising of the 
 Sons of Liberty, said something about their 
 being rather dilatory. It appe.ared they 
 had not enough arms to be of service. Ml". 
 Dodd reijnarjipd, that if they did not rise 
 he would leave the country, for he would 
 be damneij.if he would live under such a 
 Government as the present Administra- 
 tion. 
 
 Q. Wa-s or was not that in the oontin 
 genoy of the order not rising to destroy 
 the present Administration? 
 
 A. It was. 
 
 Q, About what date was that? 
 
 A. That was on the Friday night before 
 Judge Bullitt was arrested on the Satur- 
 (day. It was probably the last Friday in 
 
 July, though I will not be sure. Mr. Har- 
 rison, Grand Secretary of the State of In- 
 diana, was present at tho convention. 
 
 Q. Was any plan determined upon at tho 
 meeting of the order on tho 14th of June, 
 as to the manner of disposing of Mr. Coffin, 
 and how it was to be brought about? 
 
 A. Mr. Dodd expected to find him at 
 Hamilton, Ohio, the next day, pick a quar- 
 rel with him, if possible, and shoot him. 
 
 Q. How do you know that? 
 
 A. Dodd so expressed it at that meeting. 
 
 The roll of the members of the order forln- 
 dianapolis was here handed to the witness. 
 
 Q. Please to look at that roll, an d designate 
 any of the names you know belonging to 
 the Order of the Sons of Liberty. 
 
 A. W. M. Harrison, H. H. Dodd, Joseph 
 Eistine. I conversed with him on the sub- 
 ject of the order, but never met him at any 
 lodge. 
 
 Q. Did he display any knowledge that he 
 could not have acquired outside the lodge 
 of the order? 
 
 A. He did. 
 
 Q. Who is Joseph Eistine? 
 
 A. Auditor of the State. I have seen 
 him in his office. 
 
 Q. Do you recollect the purport of any 
 conversation you have had with him ? 
 
 A. I do not recollect any, except some- 
 thing that was said about a letter which 
 was supposed, at the time, to have been 
 written by Dick Bright. 
 
 The counsel for the accused objected to 
 the witness relating any conversation of Mr. 
 Eistine, as it had not been shown that he 
 was a member of the order, the witness 
 having said that he never saw him at any 
 lodge of the order. 
 
 The Judge Advocate, in reply, said that it 
 had been proved that the book or roll in 
 question was kept by an officer of this se- 
 cret society; the witness also testified that 
 the names on the roll were membera of 
 the order. The evidence, thert-fore, fur- 
 nished by the book was more reliable than 
 if Stidger, the witness, had seen Eistine at 
 the lodge. 
 
 The Court was then cleared for delibera- 
 tion. On being re-opened, the Judge Advo- 
 cate announced to the accused that the ob- 
 jection wa§ overruled. 
 
 Answer of the witness continued: 
 
 The conversation was in relation to a let- 
 ter written to Dodd, Bowles and Eistine, 
 and signed,. "Dick," and supposed to have 
 been written by Dick Bright. The letter 
 was a warning against Coffin as a United 
 States Detective; that he was watching 
 them, and reporting every thing they did. 
 I was kept at Eistine's office nearly all day, 
 for young Eistine to point Coffin out to me, 
 in case he should pass the office. 
 
 Q. Did you ever meet in the Grand Coun- 
 cil, persona |rom other parts of the country, 
 i>esideB those here named? 
 
28 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 A. I have. There was an old gentleman 
 by the name of Oty, Dr. Lemans, a Judge 
 Borten, from Allen county. He was a large, 
 fleshy man. A Mr. Everett, of Vanderberg 
 county; Mr. Leech, of Burnt District, Union 
 county; Mr. Myers, of Laporte county, and 
 Mr. A. D. Kaga of New Amsterdam. These 
 were some I became acquainted with on the 
 14th of June. 
 
 Q. Did you ever meet in any of their 
 lodges, or as a member of the order, a Mr. 
 Lassalie? 
 
 A. I do not think I met him. On the 
 14th of June, he was elected a member of 
 the Supreme Council of the United States. 
 Mr. Lassalie resides in Cass county. 
 
 Q. State who else was elected that day? 
 
 A. John G. Davis. 
 
 Q. Did you ever meet a Mr. Heffren ? 
 
 A. Yes, sir, I met him in Salem, Indiana, 
 twice. 
 
 Q. Was he a member of the order? 
 
 A. Yes, sir, he was. He was recognized 
 as such. I was told by the order that he 
 was Deputy Grand Commander of the State 
 of Indiana. His name was called on that 
 day, but he was not present. He was for- 
 merly a Lieutenant Colonel of an Indiana 
 regiment, lie told me himself that he and 
 Dodd had a right to call the order together 
 at any time they might think proper. 
 
 Q. Did he ever explain, in detail, the na- 
 ture and object of the organization? 
 
 A. He told me that they were to co-ope- 
 rate with the Confederate forces. The first 
 time I saw him, he supposed I was a Com- 
 missioner, sent by the Confederate forces. 
 I saw him in Salem, Indiana, on the 6th 
 day of May. 
 
 Q. How are you able to fix that date ? 
 
 A. By its being the first day I left Louis- 
 ville to join Bowles. 
 
 Q. Did you know Heffren before? 
 
 A. I never saw him before. There was a 
 man there by the name of John Drom, 
 who pointed him out to me; he is a clothier. 
 He took Heffren out and told him that I 
 was from Kentucky. This man told me 
 that Heffren was one of the leaders of the 
 order. Heffren then came to me, suppos- 
 ing I was a Commissioner sent to him from 
 the rebel force. 
 
 Q. Did he approach you as a member of 
 the order, making any signs? 
 
 A. No, sir, he did not. When he first ap- 
 proached me, he asked if I came on that bu- 
 siness. I told him I did not. I then men- 
 tioned to him about some regiments of For- 
 rest's being disbanded in Kentucky. He 
 said he linew it, and that they were to have 
 four more, who were to remain at home for 
 a time and to concentrate when neces- 
 sary. 
 
 Q- For what purpose were they disband- 
 ed? 
 
 A. He did not tell me for what particu- 
 lar purpose, but, he said, he was expecting a 
 
 commissioner from three of those regiments, 
 and he thought I was the person. 
 
 Q. What was that commissioner to ar- 
 range with him? 
 
 A. I do not know, sir. 
 
 Q. What else was said? 
 
 A. I do not remember any thing particu- 
 lar. A gentleman on the street asked him 
 why a certain lady was sent to Salem, Indi- 
 ana, and he said they expected trouble in 
 Kentucky very soon, and it would be safer 
 in Salem than it would be in Kentucky. 
 
 Q. Did Heffren inform you then that 
 this organization was for the purpose of 
 co-operating with the rebels? 
 
 A. Yes, sir, he did. 
 
 Q. Did you ever meet at Louisville a man 
 by the name of Piper, that you say was on 
 Vallandigham's staff; if so, w^as he a mem- 
 ber of the order ? 
 
 A. Yes sir. I met him there, and he was 
 a member of this order. He told me he 
 resided in Springfield, Illinois. I do not 
 know his first name. 
 
 Q. What was he at Louisville for? 
 
 A. He had been traveling in the eastern 
 part of the State, initiating men into the 
 order. He was present at the meeting of 
 theGrandCouncil in Kentucky, and assisted 
 in opening the meeting. 
 
 Q. What rank did he claim to have on 
 Vallandigham's staff? 
 
 A. He told me he was on his staff, but he 
 claimed no particular appointment. He 
 told me that James A. Barrett, formerly of 
 St. Louis, now of Chicago, was Chief of 
 Staff to Vallandigham, and that Captain 
 Hines, of the rebel army, who also was on 
 Vallandigham's staff, had charge of the re- 
 leasing of the rebel prisoners on John- 
 son's Island. 
 
 Q. Was this the man you referred to yes- 
 terday? 
 
 A. It was, and by mistake I gave his 
 name as Dick Barrett. It was James A 
 Barrett I referred to in my testimony yes- 
 terday. Piper said he had a communica- 
 tion from Vallandigham and Bowles, giving 
 him charge of the releasing of the rebel 
 prisoners at Hock Island, and which was to 
 be effected at the same time. 
 
 Q. Where was Hines at that time ? 
 
 A. He was in Canada, waiting for the 
 time to come. Hines was the same man 
 that was afterward captured with Mor- 
 gan. 
 
 Q. Do you know where this man Piper is 
 now? 
 
 A. I do not. 
 
 Q. Did you learn of any specific action 
 that the branch of the order in Illinois had 
 resolved upon, in case Kentucky should re- 
 sist the enlistment of negroes? 
 
 A. Piper told me that he had attended & 
 meeting of the Grand Council of Illinois, 
 and that they had passed a resolution, 
 unanimously, that if Kentucky considered 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 29 
 
 it advisable to resist the enlistment of ne- 
 groes, that the members of the order in 
 Illinois would see that none of the State 
 Militia or Loyal "Leaguers, as they were 
 called, should be allowed to be sent by the 
 Government to enforce the measure. 
 
 A shell about the size of a 32-pounder, 
 of conical shape, was here handed to the 
 witness. The Ijutt of the shell being 
 screwed off, showed an interior shell, which 
 contained an iron case for the charge of 
 powder. 
 
 Q. Have you ever seen this instrument 
 before ? If so, state where, and what it is. 
 
 A. I saw an instrument of that kind at 
 Booking's room, at the Louisville Ilotel, 
 about the 29th or 30th of June. Bowles 
 was present, also Dr. Kalfus and Charley 
 Miller, and a number of other gentlemen. 
 Becking explained it. The space between 
 the innermost case and the inner shell was 
 to be filled with hquid Greek fire. The 
 space between the inner and outer shell 
 was to give room for it to move, so as to ex- 
 plode the percussion cap, on its being 
 thrown and striking any object. 
 
 Q. What was it to be used for? 
 
 A. It was contemplated to be used for 
 the destruction of Government property. 
 
 Q. Is this the same thing that was exhib- 
 ited there at that time? 
 
 A. Yes, sir, and it was for the use of these 
 conspirators. 
 
 Q. Was any thing said about their using 
 such an instrument ? 
 
 A. Yes, sir ; they said it was just such a 
 thing as they wanted. 
 
 A spherical shell was here handed to the 
 witness, which unscrewed in the center and 
 showed a smaller spherical shell inside. 
 
 Q. Have you seen this before ? 
 
 A. Yes, sir; I saw it at Booking's room; 
 he explained the working of it. 'The inner 
 shell was to be filled with powder, and a 
 cap placed on each of the nine nipples 
 to be seen on its surface; and round 
 a glass vial, which this inner shell con- 
 tained, was placed the powder. The glass 
 vial contained the Greek fire. On its being 
 thrown against any object, and striking, it 
 would explode and ignite and set on fire 
 whatever it touched. It was designed to be 
 used by the hand, and it would require 
 Very careful handling to prevent its ex- 
 ploding, as the least blow might explode it. 
 Booking mentioned its weight and proba- 
 ble expense. 
 
 Q. Did you learn that this instrument 
 had been used in the destruction of Gov- 
 ernment property; if so, state when and 
 where. 
 
 A. I was told by Dr. Bowles that the 
 Greek fire had been used for the destruc- 
 tion of Government property. Two boats 
 had been destroyed at Louisville, in the 
 spring, £md a number of boats, down the 
 river, by the same means, in April or May. 
 
 I am not sure that he did not say some 
 boats loaded with Government stores in St. 
 Louis. Booking explained the manner in 
 which this Greek fire could be used outside 
 of the shells. It might be kept in a thin 
 glass vial, and when you wanted to destroy 
 any object, all you had to do was to tlu'ow 
 the glass vial against it, by which the liquid 
 would be scattered about, and it would set 
 on fire every thing it touched. Booking 
 said it might be made so as to ignite in- 
 stantly it was scattered, or some time after- 
 ward. Bowles said it might be arranged 
 with the clock contrivance, to take fire 
 some hours afterward. 
 
 Q. Did you learn of the change of the 
 name of this order from American Knights 
 to the Order of the Sons of Liberty; if so, 
 state what time that change was made in 
 the different States. 
 
 A. When I was here, I saw Dodd the first 
 of June; he told me that Judge Bullitt and 
 Dr. Kalfus had gotten some new works of 
 the order. He told me that the order had 
 been changed. The work on tlie American 
 Knights had been distributed over the 
 State, and he wished me to assist in distri- 
 buting the new work. I had seen the first 
 degree of the Order of American Knights, 
 but had never read it. I only saw what 
 kind of a looking book it was. 
 
 Q. Was this a new order, or merely a con- 
 tinuation of the old one, with changes? 
 
 A. It was a continuation of the old order, 
 but the name was changed to the Sous of 
 Liberty. Those of .the Order of 'American 
 Knights were not admitted into the Order 
 of the Sons of Liberty, unless they were 
 considered worthy. 
 
 Q. Do you know any thing of Dodd's at- 
 tempt to extend and increase this order, 
 by disseminating the sentiments of the 
 order? 
 
 A. No, sir; I do not know that he did in 
 this State. He urged the extension of it 
 in Kentucky, and organizing it as quickly 
 and as thoroughly as possible. 
 
 Q. Do you know of his issuing an ad- 
 dress, to be sent to the different members 
 of the order? 
 
 A. Yes, sir; I know of the circulation of 
 the address exhibited here yesterday. I 
 know there were some of them given to 
 me to take to Kentucky, and 1 saw Harri- 
 son give some of them to persons, whom 
 he told me were members of the order in 
 this State. 
 
 Q. Was it inculcated in this meeting and 
 elsewhere, to the members of this order, 
 that in case this order should be called 
 into the field, its members were to obey their 
 chiefs, and that their orders were to be un- 
 questioned, and their commands supreme? 
 
 A. The orders of the chiefs of this or- 
 ganization were to be above all orders, and 
 above all laws of the United States. Thoy 
 were to pay no respect to the orders of the 
 
30 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 civil authorities, or orders of the General 
 Government, but were instructed that the 
 orders of their chief vfere supreme. 
 [Close of the examination in chief.] 
 
 CBOSS-EXAMINATIOK. 
 
 Became a member of the Order of the 
 Sons of Liberty on the 5th of May, 1864. 
 Was instructed in the Vestibule degree-by 
 a United States Detective. Took the first 
 degree, in th.e city of Louisville, about the 
 12th of May; did not take the second de- 
 gree at all, and was instructed in the third 
 degree by Harrison, the Grand Secretary 
 of Indiana, in Indianapolis, about the, 1st 
 of June. In taking these degrees, witness 
 participated as a bona fide member of the 
 order; but acted in the character of a de- 
 tective from the beginning. Was employed 
 by Captain Stephen B. Jones, of Louisville, 
 Provost Marshal of the District of Ken- 
 tuoliy, at witness' request, but not in that 
 particular service. Was shown a letter, 
 written by General Carrington to Captain 
 Jones, requesting him to send a Kentuckian 
 to Dr. Bowles. Witness was sent in accord- 
 ance with that request. Did not at the 
 time know of the existence of such an 
 order as the Sons of Liberty. Eeceived the 
 Vestibule degree before going to Dr. Bowles. 
 There were three Temple degrees besides 
 the Vestibule degree. 
 
 The meeting at Indianapolis, on the 
 14th of June, was a meeting of the dele- 
 gates of county temples- and chiefs of the 
 order. Heard the roll of names called; but 
 not being personally acquainted with the 
 members, could not recall them. 
 
 Respecting the contemplated assassina- 
 ation of Coffin, the United States Detective, 
 I was sent from Louisville to give Dodd and 
 Bowles the opinion of Judge Bullitt, name- 
 ly : that it was necessary for the interests 
 of the order that Coffin should be put out 
 of the way. The matter was discussed in 
 Council Dodd did not discountenance the 
 project; but, on the contrary, considered it 
 necessary. Was taken to the State Au- 
 ditor's office by Mr. Dodd, who requested 
 Mr. Kistiue's son to show him Coffin should 
 he pass. Was there, off and on, in Mr. 
 Ristine's front office nearly all day. About 
 sundown Coffin was pointed out to him. 
 Did not express a wish to meet him and 
 kill him; the words used were, he hoped 
 to meet Coffin hereafter " under more favor- 
 able circumstances." This was after the 
 Hamilton meeting, which was on the 15th 
 of June, the day after the meeting of the 
 Council in Indianapolis. Did not, in that 
 meeting, insist on going to Hamilton, in 
 order to kill Coffin: did not speak in the 
 Council that day. Did not know of the 
 Hamilton meeting till it was brought up in 
 the Council Went with Dodd and Bowles 
 to the meeting at Hamilton. Was appointed 
 Grand Secretary of the order, of the Grand 
 
 Lodge of Kentucky, by Judge Bullitt) until 
 an election, and was afterward told that he 
 had been elected at a meeting of the Grand 
 Council. Never met Mr. Coffin at any 
 meeting of the Council, nor in any of the 
 lodges: knew he was a United States De- 
 tective, but did not act in concert with him, 
 nor communicate any thing to him. Be- 
 came acquainted with Coffin about the 1st 
 of June. The pretense of not knowing 
 him was a sham, to cover up ulterior ob- 
 jects. 
 
 Met Dr. Gatling at Mr. Bingham's office, 
 when he (Stidger) first saw Dodd. Gatling 
 was at the Grand Council, and was present 
 at the discussion of the assassination of Cof- 
 fin. Do not know Mr. Humphreys persour 
 ally. A gentleman they said was Andrew 
 Humphreys, was present at the Council: 
 he was a fleshy gentleman- — fine-looking — 
 about forty years old. Saw Mr. Milligan 
 also that day, for the first time. He was a 
 tall, bony, tolerably slender man; and was 
 an active participant in the proceedings of 
 the meeting. He was there morning and 
 evening. A man by the name of Thomp- 
 son was there; he was appointed on a com- 
 mittee. Mr. McBride, of Evansville, also 
 was present; he was a very aotive member, 
 and was on the militai;y committee. 
 
 Did not know positively that the order 
 was a military organization, never having 
 seen the members drill, or with arms in 
 their hands; but had heard members of the 
 order say that it was a military organizar 
 tion. The Order of the Sons of Liberty 
 extended over Ohio, Kentucky, Indiana, 
 Illinois, Missouri, Wisconsin, New York, 
 Pennsylvania, Delaware and Maryland. 
 From the North-eastern States they ex- 
 pected money, but not men — those States 
 were theoretically organized, as far as the 
 military phase was concerned. 
 
 Dodd told him of the meeting at Chicago 
 on the 20th of July, and of the plan of ac- 
 tion determined on; did not remember 
 whether Dodd said he was present at the 
 meeting or not; but he was at Chicago at 
 the time. In speaking of the meeting, he 
 used the words, "We came to such and such 
 conclusions." 
 
 In conversations with members of the 
 order, he learned that they did not intend 
 Indiana and Illinois to be invaded by the 
 rebels, if they could help it. The war was 
 to be confined to Kentucky and Missouri 
 Indiana and Ohio were to co-operate with 
 Kentucky, and Illinois with Missouri. The 
 order expected the co-operation of the rebel 
 forces, and were to rise at their advance 
 The order was to organize and join the 
 rebel forces on the border. The point set- 
 tled on was Louisville. 
 
 Dr. Bowles sai^ he cared nothing about 
 the draft, or the politics of the Govern- 
 ment — he said they were engaged in a 
 scheme of rebellion against the Government 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 31 
 
 of the United States. In speaking of the 
 movements of fhe order, Dodd and Bowles 
 expressed themselves confident of success. 
 Dr. Athon, of this city, counseled caution 
 and delay, till they were more thoroughly 
 organized, and until they could see what 
 could be done at the polls. lie was present 
 at the meeting on the 14th of June. He 
 also said they should use their military 
 power at the polls, if the Government 
 attempted to control the elections by baj'- 
 onets; and that there would be a time when 
 it would be proper to use their military 
 power against the Government, but that 
 time had not yet come. He said it would 
 not be changed after election; that an 
 outbreak would come alter the election 
 to resist the Government, both as to its po- 
 htical and military policy. The usurpation 
 of the Government, such as the suspension 
 of the ^vrit of habeas corpus, freeing of the 
 negroes, and the general tyrannical acts of 
 the Government, they deemed sufficient to 
 v.arrant military operations against the 
 Government. Dr. Athon expressed this 
 opinion to witness, in his office, in pri- 
 vate conversation; Judge Bullitt and Mike 
 Bright had given the same opinion to him 
 before. Did not know that Mike Bright 
 was a member of the order. Bright thought 
 twenty thousand men could be raised in the 
 State of Indiana to further insurrectionary 
 movements, but that the State would not 
 furnish more. This expressed opinion of 
 Bright was an exception to that of the 
 chiefs of the order, so far as witness had 
 heard them express themselves. 
 
 Piper professed to have official orders, 
 from Vallandigham, of a military character. 
 Vallandigham had been represented to 
 witness ns the Supreme Grand Commander 
 of the United States; elected on the --d 
 day of Februaiy, in New York. Under- 
 stood from Piper that A'allandigham had 
 knowledge of this insurrectionary move- 
 ment, and had given his sanction to it; 
 that he had supreme control of it, and the 
 particular day ibr the rising was left to his 
 discretion. AVitness understood that Val- 
 landigham knew of the action of the meet- 
 ing at Chicago, and approved of it. Heard 
 Vallandigham speak at Hamilton, on the 
 15th of June, but had no interview with 
 him. 
 
 Jn addition to the rituals, etc., there 
 was the unwritten work of the order, 
 which could not be gathered from the 
 printed books. The unwritten work of 
 the order w^as mainly confined to the 
 third degree members. It consisted of 
 signs, colloquies, etc., by which members 
 make themselves known to each other, and 
 gained admittance to lodges where they 
 were not known. There were also instruc- 
 tions as to the designs of the order, im- 
 parted to members who were thought wor- 
 thy of the thr^e degreeB, that were not 
 
 considered suitable to be known to less re- 
 liable members of the order. The printed 
 works did not say any thing about the mili- 
 tary chaructor of the order, or about co-op- 
 eration with the South, or resistance to tho 
 Government by force of arms; but to a 
 third degree member they gave that instruc- 
 tion and inibrmation. To second degree 
 members, who were considered worthy, 
 they imparted the same instructions. Fiist 
 degree members were not considered \i(_;r- 
 thy to receive these instructions. If tin y 
 got them at all, it would bo through the 
 friends who wore considered worthy. 
 
 Did not know the relative propcifion of 
 first, second and third degree meuibers. 
 As a general rule, first degree members 
 were more numerous than second degree 
 members ; while second and third degree 
 members were about equal. In Indianapo- 
 lis township, the second and third degree 
 members numbered only about sixty odd 
 men ; but Mr. Harrison said one thousand 
 or twelve hundred could be got into tho 
 order. They thought it advisable to take 
 in only responsible men, who would influ- 
 ence others to join when the proper time 
 came. 
 
 As to the available means of the order, in 
 arms and ammunition. Dr. Bowles said he 
 knew a man who would furnish any amount 
 of arms and powder, at any time and place 
 the order might designate. Did not knew 
 that the order had any storehouses, arsenals, 
 or depots for arms, or that the members had 
 arms beyond what citizens usually have. 
 Did not know of any funds raised to pur- 
 chase aims, though that question was dis- 
 cus.-td at length at the meeting of the 
 Council in this city, on the 14th of June. 
 
 At that meeting, a ecmmitteo of thiitccn 
 was appointed, to act for the Council in any 
 emergency, during the recess of that l.cuy, 
 and whose acts were to be as legal as though 
 the Grand Council had passed them. 
 
 Had not been under arrest. Witness' 
 testimony was not given to save him frcm 
 prosecution. Eesided now at Matccn, Illi- 
 nois. Vas raised in Kentucky, and had 
 lived in difl'erent parts of the State ic.r 
 eleven years; principally engaged in c.".!- 
 pentering, and in the dry goods businr s-.'^. 
 Had been in the army, in Company E, 15th 
 Kentucky ; but was detailed as clei k Ircm 
 the first. Lett the army on fhe 14th of 
 Febiuary, honorably discharged for disf bil- 
 ity. Went into the detective eeivice en the 
 5lh of May. Applied for business gtncially, 
 and was appointed to this particular dul}. 
 
 Never saw Becking before meeting him 
 at his room in the Louisville Hotel, when 
 he explained his infernalmachinrs. Bcwks, 
 Kalfus and Miller were there, and otheis, 
 who were members of the order. Had 
 heard that Becking had brought the (*)ni- 
 cal shell to the notice of the Governmejit, 
 but did not know that he had offered the 
 
32 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 spherical hand grenade. Dr. Bowles invited 
 these members to Booking's room, to see 
 whether these instruments could not be 
 made available in carrying out the schemes 
 of the order against the Government. 
 Bowles said Booking was a member of the 
 order. The project of assisting the South 
 was discussed that day in his room and in 
 his presence, and Booking said these shells, 
 with the clock arrangement, and the Greek 
 fire, were the very things that should be 
 used, as I understood, for the destruction 
 of Government property. Bowles further 
 said, that he had tested Booking well before 
 they initiated him ; that he had been sent 
 by the order to Canada, and made to spend 
 his own money in experimenting and test- 
 ing this thing for the benefit of the order. 
 Bowles also said that he, Bullitt, Dodd, a 
 chemist, and one or two others, had spent 
 one Sunday in a basement in this city, ex- 
 perimenting with the Greek fire, when peo- 
 ple thought they were at church. 
 
 Had been at Dr. Bowles' house three 
 times. Had seen him once at Paoli, once 
 at Louisville, and once in Indianapolis, at 
 the meeting of the Council of the order. 
 
 The Commission then adjourned, to meet 
 on Thursday, September 29, at 2 o'clock, 
 P. M. 
 
 COUET EOOM, IKDIANAPOLT."?, INDIANA, ) 
 
 Sept(!mber 29, 1864, 2 o'clock, P. M. ) 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 In consequence of the absence of a mem- 
 ber, the Commission adjourned, to meet 
 on Friday, September 30, at 8 o'clock, A. M. 
 
 CouET KooM, Indianapolis, Indiana, ) 
 September 30, 1864, 8 o'clock, A. M. J 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present ; also the Judge 
 Advocate, the accused, and his counsel. 
 
 The proceedings were read and approved. 
 
 The cross-examination of Felix G. Stidger, 
 a witness for the Government, was then re- 
 sumed. 
 
 Tlie witness, after replying to questions 
 of counsel, relative to his particular occupa- 
 tion, by whom employed, and places of 
 abode, for the past eleven years, testified as 
 follows : 
 
 Introduced himself to Dr. Bowles, and 
 registered his name at French Lick Springs, 
 as J. J. Grundy. Dr. Bowles asked him if 
 lie knew any thing about the Democratic 
 organization in the State of Kentucky? 
 Told Bowles that he did ; that he was a first 
 degree member of it; on which Bowles told 
 him that he was Military Chief of tlie order, 
 and that a man by tlie name of Wright, of 
 New York, was the Civil Chief He also gave 
 witness the plans and designs of tlie Order 
 of the Sons of Liberty up to that time. 
 
 The Order of the Sons of Liberty was a 
 continuation of the Order of American 
 Knights, though all the members of the 
 former were not, in all cases, deemed wor- 
 thy to become members of the Sons of Lib- 
 erty. Could not give the exact nature and 
 extent of the change, never having been a 
 member of the Order of American Knighte. 
 Had been told by members that the Order 
 of American Knights was changed to the 
 Order of- Sons of Liberty, and that an addi- 
 tion had been made to the colloquy of re- 
 cognition between members of the order. 
 The colloquy, " Resistance to tyrants is obe- 
 dience to God," was said to have been added 
 by Mr. Vallandigham, after the work had 
 been revised by the committee in Kew 
 York. Mr. Piper also said the ritual had 
 been somewhat changed in other respects. 
 
 In witness' conversation with Dr. Bowles, 
 he gave a programme of the operations of 
 the order. Illinois was pledged to fonvard 
 fifty thousand men, to concentrate at St 
 Louis, and to co-operate with Missouri, 
 which was pledged to furnish thirty thou- 
 sand, and these combined forces were to 
 co-operate with Price, who was to invade 
 Missouri with twenty thousand, and more, 
 if possible, by the assistance of Jeff Davis. 
 These one hundred thousand men were to 
 hold Missouri against any Federal forces 
 that could be brought against them. In- 
 diana was to furnish forty thousand to sixty 
 thousand men, to co-operate with other 
 forces that might come from Ohio, and all 
 were to be thrown on Louisville, to co- 
 operate with whatever force Jeff Davis 
 might send into Eastern Kentucky, under 
 Buckner or Breckinridge, as Davis might 
 deem best. Dr. Bowles gave him this, in 
 the first conversation, as the programme 
 of the war at that time. 
 
 On leaving Louisville, on the 26th of 
 May, witness stopped at Salem, Indiana; 
 registered his name at the Forsyth House 
 as J. J. Grundy. Had a conversation with 
 jNIr. Heffi-en. First became acquainted with 
 him on witness' first visit to Dr. Bowles. 
 Heffren was formerly a Lieutenant Colonel 
 of an Indiana regiment. Thought witness 
 was a commissioner from some rebel forces 
 in Kentucky. Heffren was looking for a 
 commissioner, so he said, to tell liiin about 
 some rebel regiments that had disbanded 
 in Kentucky, after Forrest's raid and mas- 
 sacre at Fort Pillow. 
 
 Heffren told witness that he had been 
 to Indianapolis a few days before, and 
 had seen H. H. Dodd ; that they had con- 
 sulted together about the time of calling 
 a meeting of the Grand Council of the 
 State, and that it would be between the 
 15th and 17th of June. Told witness that 
 lie and Dodd were the only two men who 
 had the right of calling the members of 
 the order together, and that it would num- 
 ber between seventy-five and eighty thou- 
 
TEEASON TRIALS AT INDIANAPOLIS. 
 
 33 
 
 Eand men, and that the organization was 
 about complete. 
 
 With this information witness went to 
 Dr. Bowles a second time. He had been 
 away from home, but no one appeared to 
 know where. Bowles said, he had been at 
 Indianapolis, and at a meeting there he 
 had met some of the chiefs of Illinois. 
 Judge Bullitt, of Kentucky; Barrett, of 
 Missouri; and the heads of Indiana were 
 there. Their occupation on Sunday, dur- 
 ing the time they were here, was down in 
 the basement of a building, testing their 
 Greek fire. They had a chemist there 
 whom Bowles said he had known for some 
 time, and that now they had nearly brought 
 this Greek fire to perfection. Bowles said 
 that, at the meeting, Barrett pledged Mis- 
 souri for thirty thousand men, and Illinois 
 pledged fifty thousand to co-operate with 
 Price, and Indiana would furnish forty 
 thousand men. Before, he had said that 
 Indiana would furnish more. 
 
 Became acquainted with Judge Bullitt, 
 from Dr. Bowles giving him a message to 
 take. Saw Judge Bullitt about the 31st of 
 May. The message was, that Mr. Hum- 
 phreys was willing to take a Brigadier Gen- 
 eralship, and to remain in the rear. The ar- 
 rangement had been tallied of in Indian- 
 apolis, and Bowles told witness to tell Bul- 
 litt that it was satisfactory. Bullitt ap- 
 proved, and went on to say, that he had 
 spent, a great deal of money in the afiair, 
 and that he was willing to spend every 
 cent he had, but that he hoped soon to be 
 
 able to steal a good living from The d d 
 
 sons of b s. Witness gave his correct 
 
 name to Judge Bullitt, while to Bowles he 
 was still J. J. Grundy; they, however, 
 seemed to understand each other in the 
 matter. 
 
 A conference respecting the murder of 
 CoflSn, was held on the 1st or 2d of June. 
 Judge Bullitt, Mr. Piper, Chambers, of Gal- 
 latin county, Tennessee, D. C. Phipps, of 
 Louisville, Dr. Kalfus and witness, were 
 present. Immediately after he was sent to 
 Dr. Bowles, on which occasion he revealed 
 his true name. The reason he gave for his 
 assumed name was, that he had been 
 watched by a United States Detective 
 officer — which was true — and that he 
 changed his name to avoid being followed. 
 The message witness took to Bowles, was 
 that Coffin should be murdered, or, as he 
 said, as he had been instrumental in get- 
 ting him into the order, he ought to assist 
 in getting him out. The message to Bowles 
 about Coffin was verbal; it was not deemed 
 prudent to commit such things to writing. 
 Bowles told witness to tell Dodd, tFiat he 
 should set two men on Coffin's track, and 
 that Dodd was to get him out of the way. 
 Bowles did not say murder him; it was to 
 get him out of the way, or make away with 
 him. Witness then came to Indianapolis 
 3 
 
 and saw Coffin; was introduced to him by 
 Mr, James Prentice, a United Stat(is De- 
 tective. Had sent word to Mr. Coffin pre- 
 viously by Prentice, that he was to be mur- 
 dered. 
 
 Saw H. H. Dodd on the 5th of May. 
 Had the conversation about the murder of 
 Coffin. Dr. Gatling was in Dodd's office, 
 but did not know that he heard the con- 
 versation about Coffin. Dodd, in reply to 
 the mc^ssage from Bullitt and Bowles, said, 
 if Coffin had betrayed the secrets of the or- 
 der, he ought to be disposed of, or made 
 way with. Witness stayed in Indianapolis 
 all day, and went to Governor Morton's in 
 the evening. The Governor understood 
 his business. From there he went to Gen- 
 eral Carrington's. 
 
 Returned to Indianapolis on the 13th 
 of June, at the instance of Dr. Bowles. 
 Dodd also said, he would like witness 
 to be present at the meeting of the Grand 
 Council on the 14th. It was at that 
 meeting that the murder of Coffin was dis- 
 cussed. No vote was taken, but all present 
 seemed unanimous. There was no dissent- 
 ing voice, of the forty or fifty who were 
 present. Dr. Gatling was present at the 
 meeting. Dodd said he should go to Ham- 
 ilton, and wanted to know who would go 
 with him. McBride said, he was sorry 
 that circumstances prevented his going. 
 McBi'ido was a heavy set man, rather 
 fleshy, medium hight, probably about 
 forty years of ago. Dodd, Bowles and wit- 
 ness went to Hamilton. Milligan was there, 
 but did not know that he went on the same 
 train. After ^'allandigham had done speak- 
 ing, witness went up to bid Dodd and 
 Bowles good-by. They asked him if he 
 had seen any thing of Coffin; witness said 
 he did not know him, when they remem- 
 bered that he had told them so before. 
 
 Was in Indianapolis about a week after. 
 Witness believed that was the time when we 
 watched in Mr. Ristine's office for Coffin. 
 Dodd took him there, and mentioned the 
 circumstance about Coffinbefore Mr. Ristine. 
 Dodd then took witness to young Ristine, 
 and desired him to point out Coffin in the 
 event of his passing the office. 
 
 Q. Had Dodd explained to young Ristine 
 the purpose for which he wanted you to 
 see Coffin? 
 
 A. No, sir; he did not. 
 
 Q. Then you do not know that young 
 Kistine knew that you wanted to kill Coffin, 
 if you saw him? 
 
 A. No, sir; he did not. 
 
 Question objected to by the Judge Ad- 
 vocate, on the ground that the counsel for 
 the accused was assuming as a fact what 
 had not been asserted by the witness. 
 
 Question and answer withdrawn by coun- 
 sel for the accused. 
 
 Q. Did you not pretend and assume to 
 those men that you yourself would make 
 
34 
 
 TKEASON TKIALS AT INDIANAPOLIS. 
 
 way with Coffin, if a suitable opportunity 
 occurred ? 
 
 A. I do not know that I said any thing 
 more than that I hoped to meet him under 
 more favorable circumstances, not referring 
 in any way to what 'those circumstances 
 might be, friendly or otherwise. 
 
 Q. What impression did you intend to 
 make upon their minds, by what you said ? 
 
 A. I left them to draw their own infer- 
 ence? 
 
 Q. What was your avowed purpose in 
 watching for him? 
 
 A. To see him, because they wished me 
 to see him, to know him when I saw him. 
 
 Q. For what purpose ? 
 
 A. I do not know, except it was their in- 
 tention that I should kill him; but I do not 
 know what their intention was. 
 
 Q. Was not the drift of your actions and 
 conduct that day to give these men the idea 
 that you wished to kill him ? 
 
 A. I do not know what construction they 
 put upon my conduct ? 
 
 Q. Was it not your intention to mislead 
 them into the belief that you wished to kill 
 him ? 
 
 Question objected to by the Judge Advo- 
 cate, and withdrawn. 
 
 Q, Then young Ristine did not know that 
 your intentions were hostile toward Coffin. 
 did he ? 
 
 A. No, sir, none of them knew that I had 
 any hostile intentions toward Coffin at that 
 time. 
 
 Q. Had you done nothing to lead them 
 to that conclusion ? 
 
 A. Not that I know of. 
 
 Q. Then your intention, in sitting in the 
 Auditor's office, so far as you had any inten- 
 tion, or confided any intention, was lawful 
 and legitimate ? 
 
 A. It was. Simply to see Coffin and know 
 him. 
 
 Q. Then they, so far as you knew, under- 
 stood that to be your intention ? 
 
 The question was objected to by the Judge 
 Advocate, and withdrawn. 
 
 Q. You knew Coffin perfectly well at that 
 time, did you not ? 
 
 A. Yes, sir. 
 
 Q. It was not, then, a bona fide intention to 
 know Coffin that induced you to sit there ? 
 
 A. No, sir, for I knew him already. 
 
 Q. What was your object in going there 
 to see him ? 
 
 The Judge Advocate objected. I object 
 to the question. The witness need not 
 state what his object was, as that is not com- 
 petent evidence. 
 
 The counsel for the accused replied: I 
 submit to the Court, that, while it is not 
 strictly competent evidence, I desire that 
 the witness state what his object was, and 
 leave its competency to be decided by the 
 Court. 
 
 The Judge Advocate replied : With that 
 
 understanding, I have no objection to the 
 question. 
 
 Q. What was your object in going there 
 to see him ? 
 
 A. That they might have the satisfaction 
 of pointing Coffin out to me. 
 
 Q. Is Coffin still alive ? 
 
 A. He was yesterday. 
 
 Did not know why the uprising of the 
 order did not take place on the 15th or 16th 
 of August. He got the programme from 
 Dodd, on the Tuesday following Bullitt's ar- 
 rest, which was on Saturday. On Thursday 
 of the same week he went to Dr. Bowles, 
 who at first hesitated about telling witness, 
 but when he found that witness already 
 knew of the contemplated uprising, he told 
 him that they had agreed at Chicago to 
 wait for the co-operation of the rebels, but 
 after they came from Chicago, Dodd and 
 others determined not to wait for their co- 
 operation. Witness understood that Bowles 
 had received a message from Dodd, an- 
 nouncing that the military commanders of 
 the order had had a meeting, and a change 
 of the original programme had been de- 
 cided on. On going to Dr. Bowles, witness 
 met Dodd's son on horseback, coming away. 
 He was a boy of thirteen or fourteen years 
 of age. Had seen the boy in Dodd's office, 
 and heard him call Dodd father. Bowles 
 told him the boy had been there. 
 
 Bowles said he would call a meeting of 
 the Grand Commanders and Major Qener- 
 als in a few days. He would probably have 
 them meet at his house, and he would give 
 me the result of their deliberations after- 
 ward. The uprising would take place of 
 not, as the military chiefs determined. 
 Bowles said he might consent to it at the 
 appointed time, with the co-operation of the 
 rebel Colonels Syphert, Jesse and Walker, 
 who were then said to be in Kentucky. 
 
 Did not know to what members of the 
 order this insurrectionary scheme had been 
 confided, but Dodd remarked to Harrison 
 and witness, that he suspected the propriety 
 of confiding the scheme to Dan. Voorhees. 
 Harrison, too, thought it best not to com- 
 municate it to Voorhees. Dodd replied, 
 " You are the only two persons I communi- 
 cate all my plans to." The knowledge of 
 the insurrectionary scheme, witness knew, 
 extended to the members of the Grand 
 Council, but he believed the exact time de- 
 termined on was confined to the Grand Com- 
 mander and his Major Generals. Voorhees 
 was not wholly confided in by Dodd, but he 
 seemed to be in the confidence of the or- 
 ganization, and they were perfectly free 
 with him about it. 
 
 Colonel Anderson, a rebel officer of the 
 .3d Kentucky Cavalry, who was on parole in 
 Louisville, and had given bond about the 
 1st of July, was initiated as a member of 
 the order by Dr. Kalfus. Kalfus gave him 
 the vestibule and first degree, and witness 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 85 
 
 gave him the second and third degrees, at 
 the instance of Dr. Kalfus. Witness re- 
 ported the fact to Colonel Farleigh, Com- 
 mander of the Post at Louisville, and an 
 order of banishment was issued, though it 
 never reached Anderson, who left for Can- 
 ada. Anderson said that had he received 
 his order of banishment for breaking his 
 parole, he would go to the Southern army 
 again. 
 
 Had some conversation with Dr. Bowles 
 about the establishment of a North-western 
 Confederacy. Bowles said that Republican 
 leaders had told him that the Government 
 would acknowledge the independence of 
 the Southern Confederacy, provided they 
 were certain that no attempt would be 
 made to estabhsh a North-western Confede- 
 racy. 
 
 The two gentlemen who went to see Bul- 
 litt, on the Saturday afternoon, were A. 0. 
 Brannan, and Dr. Bayliss; and Dr. Kalfus 
 and Mr. Thomas, the jailor, went to see him 
 on Sunday morning. 
 
 Had a conversation with Eistine and 
 Dodd, in Ristine's office, about the letter 
 from Dick Bright. They said the letter 
 was addressed to all three of them. Dr. 
 Chambers, of Warsaw, Gallatin county, said 
 he had directed Jesse D. Bright to write 
 that letter, but he supposed Jesse had di- 
 rected Dick Bright to write it. Mr. Cham- 
 bers was a member of the order. 
 
 Piper said he had a communication from 
 Mr. Vallandigham to Dr. Bowles, which re- 
 ferred to the release of rebel prisoners at 
 Johnson's Island, as part of the insurrec- 
 tionary programme. Captain Hines, a rebel 
 officer, who was captured, imprisoned, and 
 escaped with Morgan, was to have charge 
 of the duty of releasing the prisoners at 
 Johnson's Island. Piper told witness, while 
 in Dr. Kalfus' office, at Louisville, that Cap- 
 tain Hines was on Vallandigham's staff 
 
 Dodd also told Judge Bullitt that he 
 would get together the men he could, and 
 undertake the release of the prisoners at 
 Camp Morton, Indianapolis; and in the 
 event of his not succeeding, he wouldmake 
 his escape. 
 
 The counsel for the accused here objected 
 to the witness' voluntary statements not 
 asked for, and to his giving hearsay testi- 
 mony. Counsel desired that the last state- 
 ment of witness might be stricken from the 
 record. 
 
 The Judge Advocate, in reply, said, that 
 a statement once upon the record could not 
 be stricken from it At the final delibera- 
 tion, the Commission would determine what 
 was evidence, and the reliability or other- 
 wise of the witness' statements. 
 
 The counsel for the accused assented to 
 this view, and withdrew his objection. 
 
 Witness, of his own knowledge, did not 
 know that the Order of American Knights 
 and the (>der of the Sons of Liberty were 
 
 the same order, but Dr. Kalfus, Harrison, 
 Bowles, PipiSrj and other members of the 
 order, had so informed him. Harrison had 
 told witness that the Order of the Sons of 
 Liberty had had four different names. 
 
 The members of the order were sworn to 
 obey the orders of their Commanders, irre- 
 spective of the orders or laws of the Gov- 
 ernment. 
 
 The attention of the witness was here 
 called to the book, already in evidence, con- 
 taining the list of members of the order in 
 Indianapolis; also the roll of rebel pris- 
 oners. 
 
 Witness first saw the book in Harrison's 
 office. Harrison showed him the list of 
 members of the order, but not the other 
 names. 
 
 The counsel for the accused objected to 
 the introduction of the whole book in evi- 
 dence. 
 
 The Judge Advocate replied, that the 
 book, as a whole, had been introduced in 
 evidence, though the attention of the wit- 
 ness had been called only to the names of 
 the members of the order. It was for the 
 Commission to determine what relation, if 
 any, one list in the book bore to the other. 
 There was nothing to preclude the whole 
 book from being received in evidence by the 
 Commission. 
 
 The objection of the counsel was then 
 withdrawn. 
 
 KE-EXAMNATION. 
 
 Question by the Judge Advocate : 
 
 I wish you to state whether any thing has 
 been said to you, on the part of the author- 
 ities or by me in their behalf, of any prom- 
 ises, or intention on the part of Government, 
 to reward you for any testimony given by 
 you before this Commission ? 
 
 A. Not a word. 
 
 Q. Did I, or did I not, expressly state, 
 that the only way in which you could come 
 as a witness before this Commission, was, to 
 make a full, free and truthful statement of 
 what had occurred, within your knowledge, 
 in connection with this order 1 
 
 A. Yes, sir. 
 
 Q. Has there ever been any intimation, 
 or hint, of any intention on the part of the 
 Government, to waive any arrest, or pro- 
 cess for arrest, as a reward for any thing you 
 might say or do in this trial ? 
 
 A No, sir. 
 
 Q. Will you state who it was that first re- 
 vealed to you, or to the order, that Coffin 
 was a detective ? 
 
 A. Dr. Chambers. 
 
 Q. Where did he first announce it? 
 
 A. In Dr. Kalfus' office, in the city of 
 Louisville. 
 
 Q. Had he known Coffin before ? 
 
 A. He said he knew him previously. 
 
 Q. Who were present when he spoke of 
 Coffin as a detective ? 
 
36 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 A. Judge Bullitt, Piper, T. C. Wips, Kal- 
 fus, and my self. 
 
 Q. "Was this Captain Hines, you mention 
 as on Vallandigham's staff, appointed be- 
 fore or after his capture? 
 
 A. After his escape from prison in Ohio. 
 
 Q. Then it was after Hines' capture, im- 
 prisonment, and escape, that he accepted a 
 commission on Vallandigham's staff, and 
 was assigned to the releasing of the prison- 
 ers at Johnson's Island. 
 
 A. Yes, sir. 
 
 Q. You stated that ,this order has had 
 four different names. Did you learn them? 
 
 A. I learned only the names. Order of 
 American Knights and Sons of Liberty. 
 Nothing was said to me about the Knights 
 of the Golden Circle. 
 
 Q. In your examination, I understood 
 you to say that you had a conversation here 
 with certain parties on the 5th or 6th of 
 May. Did you mean to say May or June? 
 
 A. June. I was not here in May, nor 
 until the 5th of June. 
 
 Q. I will now ask you, as it has been 
 asked you on the part of the defense, 
 whether there was not an unwritten work 
 of the order, which contains or contem- 
 plates a military organization, and also 
 signs, grips, passwords, colloquies; and modes 
 of recognition? 
 
 A. There is. 
 
 Q. You may now give to the Commission 
 what you mean by the unwritten part of 
 the work of the order. 
 
 A. There are, in the unwritten work, cer- 
 tain signs, grips and colloquies, used in the 
 recognition and testing of members, as fol- 
 lows: If you are a member of the Vesti- 
 bule degree, and you meet a stranger whom 
 you suppose to be a member of the order, 
 you test him in the sign of the degree, 
 thus: You place the heel of your right foot 
 in the hollow of the left, with the right 
 hand under the left arm, bringing the left 
 hand under the right arm, thus folding the 
 arms, and placing the four fingers of the left 
 hand over the right arm. The stranger, or 
 person addressed, if a member of the order, 
 will take the same position. That is as far 
 as you go in public. You then retire to 
 some place, where you will not be observed, 
 and continue to test him. You advance 
 your right foot, and he will advance his 
 right foot to meet yours. The two then 
 take an ordinary grip with the right hands, 
 at the same time placing the left hand on 
 the right breast. If you find him incorrect, 
 you stop. If correct, you proceed with the 
 fallowing colloquy, which is given in altern- 
 ate syllables by the parties, first the pass- 
 word of the order for that degree, which it; 
 the word Calhoun spelled backward, thus: 
 " Nu— oh— lac"— " S.— L." — " Give me lib- 
 erty — or give me death.'' Then you give 
 one shake of the hand. [The dashes indi- 
 cate that the isyllables or phrases are altern- 
 
 ately pronounced by the parties.] In this 
 Vestibule degree there is also a signal of 
 distress. This is given by placing the left 
 hand on the right breast, and raising the 
 right hand and arm to their full hight once, 
 if it is in the daj^-tima If at night, when 
 that could not be seen, you give the word 
 oak-oun three times, thus: "Oak-oun, oak- 
 oun, oak-oun." Oak is the tree of the 
 acorn, which is the symbolical emblem of 
 the order, and " oun" is the last syllable of 
 the password as it is usually pronounced. 
 In the first degree, the same position of the 
 feet and arms is taken, except that in place 
 of four fingers over the right arm, the first 
 two fingers are so placed, and they are sep- 
 arated. This position of the fingers is 
 taught to have reference to the sovereignty 
 of States. The feet being in the same 
 position as in the other degree, they are 
 advanced as before mentioned. In taking 
 the grip, each one runs his first finger upon 
 the wrist of the other, taking the ordi- 
 nary grip with the other three fingers, 
 running the thumbs as nearly straight as 
 possible. This grip is taught to be as near 
 the shape of the acorn — the universal em- 
 blem of the order — as can be made with 
 the hand. The left hand is to be placed on 
 the breast as before. The colloquy is re- 
 peated thus ; "If you go to the East— I will 
 go to the West. Let there be no strife — 
 between mine and thine — for we — ^be breth- 
 ren — 0— S — L — Resistance to tyrants — is 
 obedience to God." [All colloquies are pro- 
 nounced alternately, as indicated by the 
 dashes.] Great care is taken to say "be 
 brethren," the word " be" being a test of 
 membership. The partof this colloquy, given 
 after the initial "O. S. L.," is said to have been 
 added by Mr. Vallandigham. when the work 
 of the order was sent . to him for revisal, 
 after the committee at New York had fin- 
 ished their part. This is the first temple 
 
 In the second degree, the hands are 
 crossed on the abdomen, the right hand 
 outside to represent the belt of Orion; the 
 thumbs pointing upward, represent the 
 point of the star Arcturus. The feet are 
 placed and advanced as before. The collo- 
 quy is given thus: "What — a star — Arc- 
 turus— what of the night — morning cometh 
 — Will ye inquire — inquire ye — Eeturn— 
 come — password of degree — Orion." This 
 colloquy is taken mostly from the 11th and 
 12th verses of the 21st chapter of Isaiah. 
 The grip of this degree is the ordinary grip ; 
 the thumbs of the joined hands pointing 
 upward, representing the point of the star 
 Arcturus. 
 
 The sign of the third degree is given 
 thus: the arms are crossed on the breast, 
 with the fingers pointing to the shoulders, 
 the right arm outside. This sign is said to 
 represent the Southern cross, as seen in the 
 heavens south of the equator. The feet are 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 37 
 
 placed and advanced as before. The collo- 
 quy is thus given: "Whence — Seir — How — 
 by the ford. Name it — Jaback. Thy pass- 
 word — ^Washington — Bayard." Washington 
 is the password of the degree. If as a 
 stranger, and you visit any lodge, you give 
 three knocks at the door. You then send 
 in your name, residence, ranii, and the 
 temple where you belong. If you are 
 known, you are admitted. If not, a com- 
 mittee is sent out to examine you. They 
 test you, and if they find you perfect in 
 every particular, they admit you. If you 
 fail in any respect, they know you no more. 
 The grip is given by locking the thumbs 
 crosswise, the palm of the hands being 
 downward, and the hands being held hori- 
 zontal It is a grip of the thumbs alone. 
 
 The sign of the Grand Councillor's de- 
 gree is given by placing the right arm in the 
 same position as in the third degree, the 
 left hand being placed under the right 
 elbow. The feet are in the same position, 
 and advanced as in the other degrees. You 
 then take the ordinary grip with the right 
 hand, and with the left hand you take hold 
 of the right elbow of the person you are 
 testing — he doing the same. You then 
 come to the exact position of folding the 
 arms in the Vestibule degree, with the arms 
 folded; then each turns one-fourth around 
 
 Q. Is this part of the instruction given in 
 any book? 
 
 A. The passwords, signs and colloquies 
 are not given, but are communicated by 
 members of the order, in instructing ini- 
 tiates. This is the portion of the unwrit- 
 ten work Colonel Anderson applied for, to 
 be sent from Kentucky to him in Canada, 
 in secret cypher. 
 
 Q. Did I not understand you to say Judge 
 Bullitt was searched at the time he was 
 arrested? 
 
 A. He was not searched in my presence. 
 I understood he was searched afterward. 
 When we were going to the cars he carried 
 a~satchel with him, and handled it as 
 though it was very heavy. He carried it 
 with him wherever he went, and remarked 
 it was God damned heavy. Afterward I 
 understood he had gold in it; that he had 
 cashed one of his checks on Montreal, and 
 that the other was found on his person 
 when he was arrested. Dodd said that Bul- 
 litt had two checks on his person, on Mon- 
 treal, and that he hoped those who arrested 
 him had not searched him, but had acted 
 the gentleman with him. He hoped he had 
 had an opportunity to destroy them, after 
 taking the numbers, so that he might du- 
 plicate them. 
 
 1 George E. Pugh, a witness for the Gov- 
 ernment, was then introduced ; and, being 
 
 to the right, facing in opposite directions, 
 
 when the colloquy is given thus: "Whence- — iduly sworn by the Judge Advocate, testf 
 
 America — ^North — South." America is the fied as follows 
 
 password of the Grand Councillor's degree. 
 
 What I hav e gone through with, is part 
 of the unwritten work of the order. There 
 is a reference in the ritual to a passage of 
 Scripture given in the initiation as part of 
 the charge — Isaiah lix: 14-19. This pas- 
 sage, as well as the "Invocation," are said 
 to have been added to the ritual by Val- 
 landigham. The passage reads : 
 
 " And judgment is turned away back- 
 ward, and justice standeth afar off: for 
 truth is fallen in the street, and equity can 
 not enter. Yea, truth faileth; and he that 
 departeth from evil, maketh himself a 
 prey; and the Lord saw it, and it dis- 
 pleased Him that there was no judgment. 
 And He saw that there was no man, and 
 wondered that there was no intercessor; 
 therefore His arm brought salvation unto 
 Him; and His righteousness, it sustained 
 Him. For He put on righteousness as a 
 breasfc-plate, and a helmet of salvation upon 
 His head; and He put on the garments of 
 vengeance for clothing, and was clad with 
 zeal as a cloak. According to their deeds, 
 accordingly He will repay, fury to His ad- 
 versaries, recompense to His enemies; to 
 the islands, He will repay recompense. So 
 shall they fear the name of the Lord from 
 the west, and His glory from the rising of 
 the sun. When the enemy shall come in 
 like a flood, the Spirit of the Lord shall lifti 
 up a standard against him." 
 
 Question by the Judge Advocate. Please 
 to state to the Commission your name and 
 place of residence. 
 
 A. George Ellis Pugh. I reside in the 
 city of Cincinnati, Ohio. 
 
 Q. I will ask you whether you have had 
 any knowledge of the existence of the 
 Order of American Knights or Order of 
 the Sons of Liberty ? 
 
 A. None, except what I have gathered 
 from the newspapers. 
 
 Q. Are you acquainted with the hand- 
 writing of C. L. Vallandigham? 
 
 A. Yes, sir. 
 
 Q. Please to look at these letters, and state 
 to the Commission whether they are his 
 signatures, and whether they are in his 
 handwriting? 
 
 [The Judge Advocate here handed the 
 witness four letters, one dated "Windsor, 
 C. W., October 8, 1863," to "My dear Vor- 
 hees," and signed " C. L. Vail.;" another da- 
 ted " Windsor, C. W., May 12, 1864," to " Dr. 
 Sir,'' signed "C. L. V.;" another dated 
 "May 31, 1864," to "H. H. Dodd, Esq.," 
 signed "C. L. Vail;" the fourth dated 
 "Dayton, Ohio, June 28, 1864," with the ini- 
 tials of the order, "0. S. L.," under the date, 
 giving the letter an official character, as 
 connected with the order, addressed to 
 "Dr. Sir," and signed "S.C.''] 
 
 A. I believe they are all in his handwri- 
 ting. 
 
38 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 The Judge Advocate handed the witness 
 a letter, dated " Windsor, C. W., 1st May, 
 1864," addressed to " B. H. Dodd, Esq.," and 
 signed " Friend," and asked: 
 
 Q. "Will you state whether that is Mr. 
 Vallandigham's handwriting? 
 
 A. It is not. 
 
 The letter, dated "May ,31, 1864," ad- 
 dressed to "H. H. Dodd, Esq.," and signed 
 " C. L. Vail.," was here introduced in evi- 
 dence by the Judge Advocate. 
 
 CROSS-EXAMINATION. 
 
 Question by the accused. Mr. Pugh, you 
 have stated that these letters are in Mr. 
 Vallandigham's handwriting. Will you 
 state how you know his handwriting? 
 
 A. I have had ^n intimate personal ac- 
 quaintance with him; I have ^een him write 
 a great many letters, and have received a 
 great many letters from him. 
 
 TESTIMONY OF JOSEPH KIRKPATEICK. 
 
 Joseph Kirkpatrick, a witness for the 
 Government, was then introduced, and 
 being duly sworn by the Judge Advocate, 
 testified as follows : 
 
 Question by the Judge Advocate. State 
 to the Commission your name, residence 
 and business. 
 
 A. My name is Joseph Kirkpatrick. I 
 reside in the city of New York, where I 
 have lived since 1858. I am a merchant, 
 and have dealt in fire-arms for the last 
 three years. 
 
 Q. State if any arms were sold by you in 
 New York city, to a party purporting to be 
 Mr. Parsons, of Indianapolis? If so, state 
 what they were, and describe them ? 
 
 A. 1 sold two hundred and ninety pistols 
 to a man in Kew York, who represented 
 himself not as Parsons, but as L. Harris. 
 
 Q. Did you make any contract to sell him 
 other arms? 
 
 A. I made a contract to sell him about 
 two thousand five hundred revolvers. 
 
 A. Any ammunition? 
 
 A. Yes, sir; one hundred and thirty -five 
 thousand pistol cartridges. 
 
 Q. Have you seen these arms since your 
 arrival in this city? If so, state where? 
 
 A. I saw them at the Arsenal, near this 
 city. 
 
 Q. How were they boxed? 
 
 A. In the same boxes in which they were 
 packed in New York, and they are the 
 same arms. 
 
 Q. How were the boxes marked? 
 
 A. They were marked "J. J. Parsons, In- 
 dianapolis, Ind." 
 
 Q. TIad you any directions about the 
 marking of these boxes, at the time they 
 were shipped from New York ? 
 
 A. I had nothing to do with marking the 
 boxes. Harris marked them himself in 
 my presence, "J. J. Parsons Indianapolis, 
 
 Ind." but did not state any reasons for 
 marking them thus. 
 
 Q. Did he state that his name was Par- 
 sons? 
 
 A. He did not. 
 
 Q. Was your attention called to the mark- 
 ing of the boxes, by any thing said about 
 charges on the arms? 
 
 A. No, sir. He paid for the arms at the 
 time. 
 
 Q. Did you learn from the conversation 
 at the time of purchase, where the arms 
 were to be shipped to? 
 
 A. He spoke of the shipment of arms to 
 California, and to Mexico, and said that the 
 Government seemed to be very wUUng to 
 permit arms to be shipped to California, 
 and thence to Mexico, if their attention 
 was not called especially to it. 
 
 Q. Did you infer from that, that they 
 were to be shipped to the California market? 
 
 A. Yes, sir. 
 
 Q. How many revolvers did he ship 
 then? 
 
 A Two hundred and ninety. He paid for 
 them at the time. 
 
 Q. How many more did he contract for? 
 
 A. About two thousand five hundred re- 
 volvers. 
 
 Q. How many rounds of ammunition 
 were purchased ? 
 
 A. Thirty-five thousand rounds to fit the 
 same pistols, which were shipped at the 
 same. time. 
 
 CROSS-EXAinNATION. 
 
 Question by the accused. Do you say 
 that the arms found in the boxes in this 
 city, marked "J. J. Parsons," are the same 
 you sold to Harris? 
 
 A. Yes, sir. 
 
 Q. Did you know Harris before the pur- 
 chase? 
 
 A. I never saw him before, nor have I 
 seen him since. 
 
 Q. What was his personal appearance? 
 
 A. He had a full form; was about six feet 
 high; quite a large man; weighed about 
 two hundred pounds, and had heavy black 
 whiskers. 
 
 Q. Was there any other person with him? 
 
 A. Once, when he called on me, quite a 
 tall young marr, wliom he introduced as 
 his brother, came with him, and he said if 
 he did not call again himself, this young 
 man would represent him. 
 
 Q. When did he pay for the arms? 
 
 A. He paid for the first order when they 
 were shipped. He said in a few days he 
 would pay for the others and give shipping 
 directions. 
 
 Q. Did any person call on you afterward, 
 about the arms contracted for? 
 'A. No, sir. 
 
 The counsel here directed the attention 
 of the witness to the accused, H. H.' Dodd, 
 and asked: 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 _ Q. Was the accused at your place of bu- 
 siness at any time with this party, or alone, 
 in connection with the purchase of arms? 
 
 A. I never saw him there at all. 
 
 Q. You only inferred then, that these arms 
 were to be shipped to Mexico, on account 
 of the willingness of the Government? 
 
 A. That was my inference from what Mr. 
 Harris said. 
 
 Q. In what part of the city is your place 
 of business? 
 
 A. No. 1 Park Place. 
 
 Q. What is the name of your firm? 
 
 A. Joseph Kirkpatrick. I have no part- 
 ner. 
 
 RE-EXAMINATION. 
 
 Question by the Judge Advocate. In the 
 statement Hai-ris made to you about the 
 willingness of the Government to permit 
 shipments of arms to Mexico, if their at- 
 tention was not called directly to it, you 
 inferred that these arms were to be so 
 shipped? 
 
 _ A That was the inference, or the conclu- 
 sion I arrived at, and I think what he stated 
 involved that inference. 
 
 The Commission then adjourned to 2 
 o'clock, P. M. 
 
 APTERNOOK SESSION. 
 
 Court Boom, Indianapolis, Indiana, 1 
 September 30, 1804, 2 o'clock, P. M. / 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present ; also the Judge 
 Advocate, the accused, and his counsel 
 
 TESTIMONY OF WM. CLAYTON. 
 
 Wm. Clayton, a witness for the Govern- 
 ment, was then introduced, and being duly 
 sworn by the Judge Advocate, testified as 
 follows: 
 
 Question by the Judge Advocate. State 
 your name, residence and occupation. 
 
 A. Wm. Clayton. I reside in Roseville 
 township, Warren county, Illinois, where I 
 have lived since the fall of IS-tl. I am a 
 farmer. 
 
 Q. Have you ever been admitted to the 
 lodges of a certain order known as the Or- 
 der of American Knights, or Order of the 
 Sons of Liberty; and if so, are you a mem- 
 ber of such an organissation ? 
 
 A. I suppose I am. 
 
 Q. Have you been admitted as a member 
 of this organization? 
 
 A, Yes, sir. 
 
 Q. .Into how many degrees? 
 
 A. Three. 
 
 Q. Have you now or ever been employed 
 in any way as a detective for the Govern- 
 ment? 
 
 A. No, «ir. 
 
 Q. Did you join this order, and continue 
 a member of it, in good faith? 
 
 A. I did, sir. 
 
 Q. Have you volunteered to give evidence 
 in this matter? 
 
 A. The first I knew of it was when an 
 officer came after me to attend this Court. 
 
 Q. State when you were first admitted to 
 the Order of American Knights, and where. 
 
 A. I think it was about the '1st of July, 
 1863, I was initiated in the congregation 
 formed in the timber at a place called 
 Pearce's Grove, Warren county, by a man 
 by the name of Griffith, and by a Dr. 
 McCartney. They resided at Monmouth, 
 Illinois. 
 
 Q. Can you give to this Commission the 
 obligation you took upon yourself? 
 
 A. I could not repeat it by heart. 
 
 Q. Can you remember the substance of 
 that obligation? 
 
 A. I remember some of it; it was in print. 
 
 Q Have you a copy of the ritual or obli- 
 gation about you? 
 
 A. [After a pause.] Yes, sir. 
 
 The witness here produced a pamphlet 
 from his pocket, which he handed to the 
 Judge Advocate. 
 
 Q. What does this capital letter V., on 
 the title, mean? 
 
 A. I don't like to tell, sir. 
 
 Q But you must tell this Commission, 
 sir? 
 
 A. "Vestibule," sir, I suppose. 
 
 The pamphlet or ritual referred to, was 
 then introduced in evidence by the Judge 
 Advocate. 
 
 Q Turn to the obligation or oath taken 
 by those initiated into the order. 
 
 A. It is on page 7. 
 
 The obligation was here read to the 
 Court by the Judge Advocate, and is as fol- 
 lows? 
 
 I , in the presence of God, and many 
 
 witnesses, do solemnly declare that I do 
 herein freely, and in the light of a good 
 conscience, renew the solemn vows which I 
 plighted in the V . I do further prom- 
 ise that I will never reveal nor make known 
 to any man, woman or child, any thing 
 which my eyes may behold, or 'any word 
 which my ears may hear within this sacred 
 
 T [temple], or in any other T , nor 
 
 in any other place where the brotherhood 
 may be assembled. That I will never speak 
 of, nor intimate, any purpose or purposes of 
 this order, whether contemplated or detei^ 
 mined, to any one, except to a brother of 
 tliis order, whom I know to be such. That 
 I will never exhibit any or either of the 
 emblems or insignia of the order, except by 
 express authority granted to that end, and 
 that I will never explain their use or signi- 
 fication to any one not a brother of this or- 
 der, whom I know to be such, under any 
 pretense whatsoever, neither by persuasion 
 nor by coercion. That I will never reveal 
 nor make known to any man, woman or 
 child, any or either of the signs, hails, pass- 
 words, watchwords, initials, nor initial let- 
 
40 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 ters, belonging to this order, neither hy 
 voice nor by gesture, attitude, or motion of 
 the body, nor any member of the body ; nor 
 by intimation through the instrumentality 
 of any thing animate or inanimate, or ob- 
 ject in the heavens or on the earth, or 
 above the earth, except to prove a man if 
 he be a brother, or to communicate with a 
 brother vrhom I shall have first duly proved 
 or know to be such. That I will never pro- 
 nounce the name of this order, in the hear- 
 ing of any man, woman or child, except to 
 a brother of this order, whom I know to be 
 such. I do further promise that I will ever 
 have in most holy keeping, each and every 
 secret of this order, which may be confided 
 to me by a brother, either within or with- 
 out the T , and rather than reveal which, 
 
 I will consent to any sacrifice, even unto 
 death by torture. I do further promise that I 
 wUl never recommend for membership of 
 this order, any man who is not a citizen of 
 an American State, except by dispensation 
 to that end, by the competent authority of 
 the order — citizenship always resulting from 
 nativity, or from due process of law in such 
 case provided — ^neither any person who has 
 not attained the age of twenty-one years, 
 neither a man unsound or infirm in body or 
 in mind — such as a cripple or an idiot; 
 neither any one of African descent, whether 
 slave or free man ; neither an avowed and_ 
 acknowledged atheist; neither a person of 
 bad repute. I do further promise that I 
 will ever cherish toward each, and every 
 member of this order, fraternal regard and 
 fellowship; that I will ever aid a worthy 
 brother, in distress, if in my power to do so; 
 that I will never do wrong, knowingly, to a 
 brother, nor permit him to sufifer wrong at 
 the hand of another, if it shall be in my 
 power to warn him of danger, or prevent 
 the wrong. I do further promise that 1 
 will, at aU times, if need be, take up arms 
 in the cause of the oppressed — in my country 
 first of all — against any monarch, prince, 
 potentate,_ power or government usurped, 
 which may be found in arms and waging 
 war against a people, or peoples, who are 
 endeavoring to establish, or have inaugu- 
 rated, a government for themselves, of their 
 own free choice, in accordance with, and 
 founded upon, the eternal principles of Truth I 
 
 which I have first sworn in the V , and 
 
 now in this presence do swear to maintain 
 inviolate, and defend with my life. This I 
 do promise, without reservation or evasion 
 of mind, without regard to the name, sta- 
 tion, condition, or designation of the invad- 
 ing or coercing power, whether it shall arise 
 within or come from without! 1 do further 
 promise that I will always recognize and re- 
 spond to the hail of a brother, when it shall 
 be made in accordance with the instruc- 
 tions and injunctions of this order, and not 
 otherwise. I do further promise that, with 
 God's help, 1 will ever demean myself 
 
 toward my fellow men, and especially 
 toward the brotherhood, as becometh a tnu 
 man. I do further promise that, should I 
 cease to be a member of this order, either 
 of my own volition, or by expulsion, I will 
 hold and preserve inviolate my solemn 
 vows and promises herein declared, as well 
 as whUe I am in full fellowship. All thir I 
 do solemnly promise and swear sacredly to 
 observe, perform, and keep, with a full 
 knowledge and understanding, and with 
 my full assent, that the penalty which will 
 follow a violation of any, or either, of these 
 my solemn vows will be a sudden and shameful 
 death I while my name shall be consigned to 
 infamy, while this sublime order shall sur- 
 vive the wrecks of time, and even until the 
 last faithful brother shall have passed from 
 earth to his service in the Temple not made 
 with hands! Divine Essence! and ye men 
 of earth ! witness the sincerity of my soul 
 touching these my vows 1 Help me, God! 
 Amen I Amen! Amen! 
 
 Q. Was this the obligation of the mem- 
 bers of the Order of American Knights ? 
 
 A. Yes, sir ; of the first degree. I took 
 the second degree some time during the 
 fall or winter, and the third degree in the 
 spring of 1864, I believe. 
 
 Q. What was the name of the order into 
 which you were initiated ? 
 
 A. I took one degree in the Order of 
 American Knights, and also the second de- 
 gree, and before I took the third degree it 
 was changed to the Order of the Sons of 
 Liberty. 
 
 Q. When and by whom was that change 
 made? 
 
 A. I was informed by the officers jof the 
 order that the change was made in New 
 York, about the 22d of last February. 
 
 Q. Did you learn at whose instigation the 
 change was made ? 
 
 A. The ancient brother of the Grand 
 Temple stated to me, that it was made by 
 Mr. Vallandigham, or in consequence of a 
 suggestion from him. 
 
 Q. Were you then initiated into the Or- 
 der of the Sons of Liberty ? 
 
 A. Only into the third degree. The other 
 vows in the Order of American Knights 
 were considered binding in the Order of the 
 Sons of Liberty. 
 
 Q. Did all these members who belonged 
 to the Order of American Knights, become 
 members of the Order of Sons of Libertv, 
 by virtue of taking the obligations of the 
 former order ? 
 
 A. Yes, sir. All who had taken the third 
 degree. They moved right along with the 
 same officers, and were controlled by the 
 same orders. 
 
 Q. When did you take the third degree 
 and become a member of the Sons of Lib- 
 erty? 
 
 A. It was in the spring ; about March. 
 
 Q. Have you continued, up to the time of 
 
TREASON TRIALS AT XNDIANAPOLIS. 
 
 41 
 
 receiving the summons to attend this Com- 
 mission, to be a member of good standing? 
 
 A. Yes, sir, I am so considered, I have 
 never been expelled. 
 
 Q. When and where did you meet ? 
 
 A. We had a tolerably poor temple ; we 
 met in the woods generally ; we had meet- 
 ings once a month. 
 
 Q. When did you last meet with them? 
 
 A. I guess it was two weeks ago to-mor- 
 row. 
 
 Q. What meeting W£is that ? 
 
 A. It was a meeting of the township tem- 
 ple. 
 
 Q. Did you ever meet in the Grand Coun- 
 cil? 
 
 A. I never did. 
 
 Q. Did you ever hold any office in the or- 
 ganization ? 
 
 A. I was lecturer of the Vestibule. 
 
 Q. What was the general principle and 
 aim of the organization ? 
 
 A. In the first place it was organized — at 
 least it was so reported to us — for the pur- 
 pose of bringing the Democratic party to- 
 gether, shoulder to shoulder, so that, by such 
 an organization, they might defeat the other 
 party, if possible. It was at first reported 
 to be a political organization. Afterward 
 we were informed by the officers, that it 
 was a military organization. 
 
 Q. What service were they going to per- 
 form? 
 
 A. They mentioned a great many differ- 
 ent purposes — one «f them was that the 
 authorities who have control of our Gov- 
 ernment were tyrannical; that we were 
 being trampled under foot; and that we 
 should have to stand in defense of our 
 rights. 
 
 Q. Was it in contemplation to resist the 
 Government authorities ? 
 
 A. No time was set to my knowledge 
 
 Q. Was it talked of ? 
 
 A. It was reported frequently by the offi- 
 cers, that if they did not work right, when 
 we got regularly organized, that there would 
 be a time set to rise, and maintain our 
 rights. 
 
 Q. What was the plan? 
 
 A. I can not say that the plan was ever 
 developed to me; but so far as it was devel- 
 oped, and I understood it, it was, that force 
 of arras was to be resorted to, and that we 
 Bhould have to fight for our rights. 
 
 Q. Did not these "rights" contemplate 
 the overthrow of the Government by force 
 of arms? 
 
 A. I would rather consider it that way. 
 
 Q. Did the order have any drilling? 
 
 A. Yes, sir. 
 
 Q. Did you ever drill ? 
 
 A. Frequently, sir. 
 
 Q. How often? 
 
 A. I could not state the number of times. 
 
 Q. How many times in a month did they 
 drill? 
 
 A. Sometimes once, sometimes twice a 
 month. 
 
 Q. How long is it since you commenced 
 to drill ? 
 
 A. About a year ago, in June. We have 
 been drilling on and off for a year. 
 
 Q. Did you get pretty well drilled ? 
 
 A. Pretty well, sir; but we had no great 
 drill master. 
 
 Q. To what extent was this organization 
 that you belonged to armed ? 
 
 A. I could not tell exactly. Most of the 
 arms we had were pistols. 
 
 Q. In your township, to what extent were 
 the members of the organization armed? 
 
 A. I guess about two-thirds were armed? 
 
 Q. Is that a fair average of the arming of 
 the organization, as far as you know? 
 
 A. I think it is, sir. 
 
 Q. How many members were there in 
 your township? 
 
 A. The muster roll numbered one hun- 
 dred and odd. Two-thirds of that number 
 were armed with revolvers, shot-guns or 
 rifles. 
 
 Q. Do you know how extensive the or- 
 ganization in Illinois was? 
 
 A. I could only learn through the officers 
 of the Grand Lodge, in their returns to the 
 Grand Council, and according to their re- 
 ports it was over one hundred thousand in 
 that State. 
 
 Q. Did you learn how many could be re- 
 lied upon, in a military point of view, in 
 case of insurrection? 
 
 A. Mr. McCartney, who was the Grand 
 Seignior, informed me that there were forty 
 thousand in the State well armed, and 
 they could depend upon eighty thousand 
 in the State of Illinois. 
 
 Q. Did you learn the strength of the or- 
 ganization in the State of Indiana? 
 
 A. I learned from the reports of officers 
 of our temple, that they were about eighty 
 thousand in the State of Indiana, but I did 
 not learn how many were armed here ? 
 
 Q. Did you learn the strength of the or- 
 der in Missouri? 
 
 A. That there were between thirty and 
 forty thousand. Twenty thousand of them 
 were in St. Louis and the vicinity. 
 
 Q. Did you ever hear of any plans, or dis- 
 cussions of any plans, among members of 
 the order, or of the officers, to assist the 
 rebels in case of the invasion of Missouri, 
 or of assisting them by moving into Ken- 
 tucky? 
 
 A. I heard some talk of that kind. We 
 were informed in the vicinity where I live, 
 that sometime between May and June, 
 probably, that there was to be an invasion 
 at three different points. One was to be 
 into Ohio, one into Indiana, and another into 
 Illinois. 
 Q, By whom? 
 
 A. If I mistake not. Forrest was to lead 
 the one in Illinois ; Wheeler or Morgan, or 
 
42 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 some of those men, in Indiana; Longstreet 
 was to make for Ohio while Marmaduke or 
 Price (some said one and some another) was 
 to come into Missouri. It was early in the 
 spring that this news reached us. 
 
 Q. Was it in contemplation that the or- 
 der should rise and assist these men, when 
 they invaded these States ? 
 
 A. I think the understanding was that 
 in case the rebels came over into Illinois, 
 they and the brethren of this organization 
 were to shake hands and be friends. 
 
 Q. Were they to receive aid and assist- 
 ance from this order ? 
 
 A. I should consider it that way, sir. 
 
 Q. I)o you know of any assessments upon 
 this order for money, with which arms were 
 to be purchased for the organization ? 
 
 A. I do not know of any assessments 
 made by the Grrand Council; but I know an 
 assessment was made by the temples. An 
 assessment was to be made by all the county 
 temples, and an assessment was made by 
 our lodge to the amount of $200. 
 
 Q. Was it paid? 
 
 A. Yes, sir. 
 
 Q. Do you know what was done with the 
 money? 
 
 A. A man who passed by the name of J. 
 A. Barrett, or Colonel Barrett, of St. Louis, 
 was appointed to receive the money. He 
 stated that he was traveling round through 
 the State to receive money to pay transpor- 
 tation on the arms that were engaged for 
 the order. 
 
 Q. What arms were engaged for the or- 
 der, and where were they to come from? 
 
 A. The arms were to come from Nassau 
 to Canada, and the understanding was that 
 they were to be brought to the line in 
 Canada by the authorities of the Confeder- 
 ate States, and we were to pay the cost of 
 transportation on them from Nassau to 
 that point, where we were to receive them. 
 If we got them home, it would be all right, 
 and if we lost them, we were to lose what 
 we had advanced. 
 
 Q. Do you know any thing of an arrange- 
 ment, in which Mr. Vallandigham was to 
 give the signal for the rising of this order ? 
 
 A. I heard in this way, that all the or- 
 ders would be issued from the Head De- 
 partment, of which he was Supreme Com- 
 mander, and that orders would be issued 
 when all things were ready; in other words, 
 we were not to do any thing till the com- 
 mand was given by Vallandigham, who was 
 Supreme Commander. The next highest 
 in command was a man by the 'name of 
 HoUoway. In case the command was not 
 given by Vallandigham, the word would be 
 given by HoUoway. He lives in Mercer 
 county, Illinois, and I have often talked 
 with him. 
 
 Q. Did ,you ever talk to him respecting 
 the order ? 
 
 A, I talked in regard to the movements 
 
 of the order with Mr. Griffith. The sub- 
 stance of it was that I had my doubts in 
 regard to the order being able to stand up 
 and maintain what they were undertaking. 
 He did not seem to have any doubt about 
 being able to gain their point — that is, as 
 to whether they would be successful or 
 not. 
 
 Q. Was this order both civil and mili- 
 tary? 
 
 A. Yes, sir. 
 
 Q. Had you captains, colonels and gen- 
 erals in your organization? 
 
 A. Only captains and colonels that 1 
 knew of. There was an act passed, that 
 there should be a colonel to each county, 
 and a brigadier general for each Congress- 
 ional district. That act was passed by the 
 Grand Council of the State: they made the 
 laws for the order. 
 
 Q. What did you understand were to be 
 the penalties for divulging the secrets of 
 the order? 
 
 A. The obligation there says death, and 
 that was understood to be the penalty. 
 
 Q. Did you ever know any person who 
 divulged, or who was reported to have di- 
 vulged the secrets of the order? 
 
 A. I do not know of any myself, but 
 there were some who were said to have di- 
 vulged them. 
 
 Q. What was done in the matter ? 
 
 A. They probably decided that it was a 
 compulsory move, and they did not attempt 
 to do any thing. I heard that there were 
 a number who had joined the order ar- 
 rested at Richmond, Indiana, on their way 
 to Ohio, and that the Provost Marshal, or 
 some Government officer, got the secrets 
 out of two of them, but it was claimed that 
 force of arms had been used and weapons 
 drawn upon them, and they concluded that 
 they had to tell. 
 
 Q. Were any inquiries made into the 
 matter, or any court convened? 
 
 A. I do not know that they convened 
 a court, or that any inquiries were made by 
 the order to find out the particulars, but it 
 was understood that if a man was guilty 
 of exposing the secrets of the order, he 
 would be tried by court-martial, and if 
 found guilty he would pay the penalty. 
 
 Q. Do you know of any court-martial 
 being held? 
 
 A. No, sir. But if they found a man 
 guilty of betraying the secrets of the order, 
 if the court decided that he should sufier 
 death, they were to be governed by that 
 entirely. 
 
 Q. Do you know of this order having any 
 connection or communication with the 
 rebel authorities? 
 
 A. I saw a man from theii country, and I 
 heard from members of the order, as well 
 as outside the order, that he belonged to 
 the rebel government. 
 
 Q. What did they come there for? 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 43 
 
 A. I could not positively state their busi- 
 ness. But there were many who came over 
 backward and forward from Missouri, whom 
 I saw, living as I did near the Missouri line, 
 and many that came over, I guess, had been 
 in the rebel army. 
 
 Q. Was there any conamunication be 
 tween these men and the members of the 
 order? 
 
 A. Yes, sir. 
 
 Q. Did the members or officers of your 
 organization leai'n of the contemplated 
 rebel movements from these people who 
 crossed from Missouri? 
 
 A. Yes, sir. 
 
 Q. And did events turn out as your order 
 had been informed? 
 
 A. I believe they did. They were in- 
 formed that Price would invade Missouri. 
 
 Q. Prior to his coming, were the mem- 
 bers of the order informed of his coming? 
 
 A. I was informed by members from 
 Henderson county that he was coming. 
 A person, who professed to be one of 
 Quantrell's men, I think, informed them 
 that Price would be in Missouri toward the 
 first of October, and remain there till after 
 the fall election, or as much longer as he 
 deemed proper, or as he could. 
 
 Q. Was any eflfort made on the part of 
 these emissaries to organize and assist the 
 rebels when they should come into the 
 State, as you have detailed? 
 
 A. I think not, sir. 
 
 Q. Was it not part of their general plan 
 to assist the rebels, whenever they invaded 
 these States? 
 
 A. Yes, sir, and if it has been given up I 
 do not know it. 
 
 Q. Then why did they not assist Price 
 when he came into Missouri? 
 
 A. I can not tell; but the order is not 
 doing much business in that State of late, 
 fi-om the exposures made in this State. 
 
 Q. Had the exposures in St. Louis any 
 thing to do in stopping the operations of 
 the order in Missouri and Illinois ? 
 
 A. I think, sir, it had a great deal. 
 
 Q. Are they still keeping up their or- 
 ganizations, notwithstanding these expo- 
 sures? 
 
 A. The military organization remains the 
 same, but they have not drilled any since. 
 
 Q. How do these men that come from the 
 South cross the river to get into Illinois? 
 
 A. I have been informed by men who had 
 lived in that State, that they had crossed at 
 different points. One point was near Lou- 
 isiana, Missouri. 
 ' Q. How do they cross? 
 
 A. They told me that when they wanted 
 to cross, and they could not hook a skiff, 
 that they had oil-cloth so fixed, that by 
 cutting willows and running poles into them, 
 they could soon fix up a skiff. When they 
 crossed, they would hide the oil-cloth till 
 they wanted to return. 
 
 Q. Did you ever belong to the Order of 
 the Knights of the Golden Circle? 
 
 A. Yes, sir, I did. 
 
 Q. When did you join that order? 
 
 A. I joined that before this Order of the 
 Sons of Liberty. It was in 1862, I guess. 
 
 Q. Where did you join that order? 
 
 A. In Jefferson county. I was down 
 there on a visit, and I heard a great deal 
 of talk about it, and a gentleman proposed 
 to give me the organization to bring up 
 home and start it, but I did not. 
 
 Q. Was the Order of the Sons of Liberty, 
 or Order of the American K|nights, a con- 
 tinuation of the Ordel- of the Knights of 
 the Golden Circle? 
 
 A. 1 never understood that it was so. 
 The Order of American Knights was intro- 
 duced in our county in June, 1863. It was 
 at the time of the mass meeting of the 
 Democratic convention at Springfield, Illi- 
 nois, that it was inaugurated at that place. 
 The Grand Council was inaugurated there, 
 and the Grand Council appointed two offi- 
 cers to each county to promulgate the order, 
 and to set up temples. P. C. Wright, who 
 now, I believe, has an interest in the New 
 York News, inaugurated the order. 
 
 A lithographed circular was here pro- 
 duced by the. witness. 
 
 Q. Where did you get this circular? 
 
 A. It was first showed to me by Dr. 
 McCartney, in our temple, some time last 
 winter. 
 
 The circular, signed P. C. Wright, was 
 here introduced into evidence by the Judge 
 Advocate. It reads as follows: 
 
 Uew York Daily News, ) 
 
 Offlco, 19 City Hall Sqnaro, J- 
 
 New York, Janunry 18, ISM.J 
 
 Dear Sir: I have this day connected my- 
 self with the editorial department of the 
 " New York News." You will remember 
 that the News has, from the first, advocated 
 the principles inculcated by Jefferson and 
 his illustrious compeers, and has fearlessly 
 and openly denounced the usurpations of 
 power which have wrested from the citizen 
 his cherished rights, and thrown down the 
 last barrier between him and irresponsible 
 despotism. 
 
 The News will be our especial orffun, and 
 will be a medium for the interchange of 
 sentiments and opinions of the friends of 
 peace, touching the momentous concerns 
 involved in the existing crisis. 
 
 I entreat your kind offices and influence 
 in extending the circulation of the News 
 throughout the entire field of our labor. 
 Yours sincerely, P. C. Wihght. 
 
 Q. Who was McCartney? 
 
 A. He was the Grand Seignior in the 
 county temple. 
 
 Q. Do you know P. C. Wright, and what 
 part he took in organizing the Order of 
 American Knights? 
 
 A. He organized the first Grand Council 
 
44 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 at Springfield, and he appointed Grand 
 Seignior and Ancient Brethren to organize 
 the counties. It was the same P. C. Wright, 
 so Dr. McCartney represented, who is now 
 connected with the New York News. 
 
 Q. Can you give to this Commission the 
 unwritten part of the order up to the third 
 degree ? 
 
 A. I suppose I could, but I do not like to 
 undertake it. 
 
 Q. What is the password between the 
 membera ? 
 
 A. Each county has its own passwords. 
 The password of our county was Wash- 
 ington. 
 
 Q. How wafi it given, by syllables or oth- 
 erwise? 
 
 A. It was spoken right out. 
 
 Q. How did you recognize each other on 
 the street? 
 
 A. We would generally challenge him, 
 that is by placing myself in a proper position. 
 
 Q. Give to this Commission the position 
 by which you challenged a member. 
 
 The witness here gave some of the chal- 
 lenges and tests described at length by 
 the witness Stidger. 
 
 The Commission then adjourned, to meet 
 on Monday, October 3, at 2 o'clock, P. M. 
 
 CouBT Boon, Indianapolts, Indiana, I 
 October 3, 1864, 2 o'clock, P. M. / 
 
 The Commission met pursuant to afdjourn- 
 ment. 
 
 In consequence of the absence of a mem- 
 ber, the Commission adjourned, to meet 
 on Tuesday, October 4, at 10 o'clock, A. M. 
 
 CocRT KooM, Indianapolis, Indiana, ) 
 October 4, 1864, 10 o'clock, A, M. j 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 Present— Brevet Brigadier General Silas 
 Colgrove, Colonel McLean, Colonel Thomas 
 J. Lucas, Colonel John T. Wilder, Colonel 
 Charles D. Murray, Colonel Richard P. De 
 Hart, Major H. L. Burnett, Judge Advocate; 
 also the accused and his counsel. 
 
 Absent — Colonel Benjamin Spooner, Col- 
 onel Ambrose A. Stevens. 
 
 The Judge Advocate then read a medical 
 certificate, excusing Colonel A. A. Stevens 
 from attendance on the Commission. Also, 
 a telegram from Colonel Spooner, stating 
 his inability to be present at the Commis- 
 sion; both of which were ordered to be 
 attached to the record. 
 
 By consent of the accused, given in open 
 Court, it was agreed that the record of pro- 
 ceedings should be read, and any nominal 
 business transacted, and that the absent 
 members should take their seats on the 
 Commission when they arrived. 
 
 The proceedings of Friday, September 
 30, were read. i 
 
 Pending the reading of the record, the 
 Commission adjourned, to meet at "2 J o'clock, 
 P.M. 
 
 AFTEKNOOJr SESSION. 
 
 CovBT Boom, Indtanapolis, Indiana, ) 
 October 4, 1864, 2^ o'clock, P. M. J 
 
 The Commission met pursuant to adjourn- 
 ment 
 
 The same members present as at the 
 morning session ; also the Judge Advocate, 
 the accused, and his counsel. 
 
 The proceedings were read and approved. 
 
 The Commission then adjourned, to meet 
 on Wednesday, October 5, at 10 o'clock, 
 A. M. 
 
 CounT Boom, Indianapolis, Indiana, 
 October 6, 1864, 10 o'clock, A, 
 
 '. M. } 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present; also the Judge 
 Advocate, the accused, and his counsel. 
 
 The proceedings were read and approved. 
 
 William Clayton, a witness for the Gov- 
 ernment, continued his testimony as fol- 
 lows: 
 
 Question by the Judge Advocate. State 
 whether or not the league to which you be- 
 longed, sent delegates to the Chicago Con- 
 vention, or to the Chicago Grand Council, 
 that met in that city in July last. 
 
 A. The temple to which I belonged was 
 subordinate to the county temple. I be- 
 longed to the organization in Eoseville 
 township. The Wai:ren county temple sent 
 delegates to the Grand Council for the 
 State of Illinois. 
 
 Q. Did you learn any thing of the doings 
 or designs of the Grand Council, or the re- 
 turn of the delegates ? 
 
 A. Not a great deal. I was at the War- 
 ren county temple at Monmouth, and Mr. 
 Griffith and McCarthy, who were officers 
 of that temple,' had been to the Chicago 
 Grand Council. They spoke of the Mili- 
 tary Committee. The Grand Commander 
 of the State, they said, had the selecting 
 and appointing of the Military Committee 
 in the State. That committee was not 
 known to any person whatever, except to 
 the Grand Commander. 
 
 Q. Did you learn what that was? 
 
 A. No, sir; I did not. The committee 
 reported to the Grand Commander all their 
 proceedings, and such a part as he thought 
 proper he reported to the Grand Council! 
 
 Q. Did you, after the Chicago Conven- 
 tion, hear any thing about the obligation of 
 secrecy being removed? 
 
 A. No, sir, I did not ; I never heard any 
 thing of it till I saw it in the newspa- 
 pers.* 
 
 Q. Was that the first time you, as a mem- 
 ber of the order, heard of the obligation 
 of secrecy being removed? 
 
 A. It was. 
 
 *ThoIndinnapoIUS™»itie! Irndstivtcd.-o few days previ- 
 ous, that the obligation of secrecy was removed during 
 the session of the Graud Council, nt Chicajo. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 45 
 
 CEOSS-EXAMINATIOK. 
 
 Was initiated a member of the Order of 
 American Knights on the 17tli day of 
 June, 1863. The first knowledge witness 
 had of the order, was at the time of the 
 meeting of the Grand Council, at Spring- 
 field, Illinois. It was organized at the mass 
 convention, at wliich he was present, Mr. 
 Griffith and Mr. McCartney were appointed 
 to organize the county templo. The town- 
 ship temple was organized shortly after. It 
 was organized in the timber, about two and 
 a half miles from his residence; about 
 tliirty, or more, were present at the first 
 meeting. There was no drilling at the first 
 meeting, but was not positive but that 
 there was some drilling before the organi- 
 zation of the order; such drilling as there 
 might have been, was not under the laws 
 of the State of Illinois. The only object 
 in drilling, witness knew of, was that the 
 knowledge acquired was to be used for any 
 thing that might come up. They had been 
 informed that the Government was resort- 
 ing to tyrannical measures, and there might 
 probably come a time when they would 
 have to stand in defense of their rights. 
 They were afraid the Government might 
 crowd them, and there had been talk of 
 conscription, and they were arming, organi- 
 zing, and drilling, to resist the conscription, 
 or any thing else that pushed them too 
 hard. The company to which witness ber 
 longed, numbered one hundred and up- 
 ward. They generally carried their arms 
 to drill. One of their drill masters was 
 William F. George. He lived in Eoseville 
 township, Warren county. There were 
 also one or two men, officers, who were 
 present at one or two drills. One was a 
 captain, and the other a colonel The col- 
 onel was said to live in Knox county, 
 near Augusta. They had been in the army, 
 but were discharged. Supposed they were 
 loyal. Four or five companies were present 
 at the drill, which took place in an open 
 prairie bottom. They did not become very 
 well drilled. Witness was a private, and 
 Mr. Johnson or Mr. Eiggs was first lieu- 
 tenant. 
 
 Did not know, of his own knowledge, 
 that the purpose of the organization of the 
 order in other States was resistance to the 
 Government. Was informed by officers of 
 the Warren county temple, that Missouri, 
 Illinois, Indiana and Ohio were so organized; 
 and at first it was reported, that several 
 of the Eastern States had gone into the or- 
 ganization with the same object, and could 
 be relied on, but that afterward it was 
 found that only the four States named 
 had gone thoroughly into the organization, 
 and that those only could be rehed upon. 
 
 There was a meeting, of the Supreme 
 Council of the United States, in New York, 
 on the 22d of February, and it was after 
 
 this meeting that the Grand Seignior of the' 
 Warren county temple said he was afraid 
 that the States east of Ohio could not be 
 depended upon, in case of an outbreak 
 against the Government. 
 
 Question by the accused; 
 
 Was it the purpose of those who crossed 
 over from the South, as you have stated, 
 that you should help the rebels in case of 
 an outbreak? 
 
 A. I considered it that way. 
 
 Q. From whom did you learn this? 
 
 A. From a member of the Order of the 
 American Knights or Sons of Liberty. 
 
 Q. Did you ever talk with any man from 
 the South in regard to helping the Southern 
 rebellion? 
 
 A. I do not wish to answer that question. 
 I will answer or not, as the Judge Advo- 
 cate decides. 
 
 The Judge Advocate informed the wit- 
 ness that he must answer every question 
 put by the counsel for the accused, if the 
 answer did not criminate himself. 
 
 A. I have been asked by men, who said 
 their homes were in the South or in Mis- 
 souri, if we had any intention to assist them 
 in case they came over into Illinois. 
 
 Q. Well, and what did you tell them? 
 
 A. That I presumed a great many would, 
 and some would not assist them. 
 
 Q. What did you say you would do? 
 
 A. I did not tell them whether I would 
 help them or not. 
 
 Q. Now, I wish to ask you what you 
 would have done if the rebels had come 
 into Illinois ? 
 
 Question objected to by the Judge Advo- 
 cate, and withdrawn. 
 
 Q. What did your society or temple re- 
 solve to do, in case of an invasion from Mis- 
 souri by the rebels? 
 
 A I do not think that our temple ever 
 passed any resolution that they would as- 
 sist the South; we only talked of it at our 
 meetings. 
 
 Q. What did you consider you had sworn 
 to when you took this obligation? 
 
 The counsel then read the following from 
 the obligation of the first degree of the 
 Order of American Knights: 
 
 "I do further promise, that I will, at all 
 times, if need be, take up arms in the cause 
 of the oppressed — in my country first of 
 all — against any monarch, prince, potentate, 
 power, or government usurped, which may 
 be found in arms, and waging war against a 
 people or peoples who are endeavoring to 
 establish, or have inaugurated a govern- 
 ment for themselves of their own free 
 choice, in accordance with and founded 
 upon the eternal principles of truth, which 
 
 I have sworn in the V , and now in this 
 
 presence do swear, to maintain inviolate, 
 and defend with my hfe." 
 
 Q. What did you consider you liad sworn 
 to maintain inviolate ? 
 
46 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 A. I considered that obligation bound us | 
 to assist the South, as they were trying to 
 free themselves and form a government of 
 their own free choice. 
 
 Q. Do you still hold that this obligation 
 is binding on you? 
 
 A. I have -taken it on myself, and I con- 
 sider that it is. 
 
 Q. You are sworn to help the South, then, 
 are you? 
 
 A. That is the way I read the obligation. 
 
 Q. Were the army, then, that you were 
 oiganizing, and the men under the control 
 of the order, all bound by this obligation? 
 
 A. I do not know, of my own knowledge, 
 that they were. 
 
 Q. Had all these men who were drilling 
 taken the Vestibule degree obligation? 
 
 A. I do not think they had, sir. Some 
 of those who were drilling, were not mem- 
 bers of the order. 
 
 Q. Did they know of the general pur- 
 pose of the organization drilling, and that 
 it was in pursuance of this obligation ? 
 
 A. I think they did not. 
 
 Q. How did you come to permit these 
 men to drill with you? 
 
 A. We took every man who was disposed 
 to fall in and drill with us, and said nothing 
 about our ulterior purposes. 
 
 Q. Did you not consider that portion of 
 the obligation which speaks of "the op- 
 pressed," to refer to the negroes enslaved? 
 
 A. I did not put that construction on it 
 
 Q. What did you consider the phrase, 
 "the oppressed- — in my country first of 
 all"— to imply? 
 
 A. I understood it that the people of the 
 South were oppressed, and were trying 
 to establish a government of their own 
 choice. ' 
 
 Q. What was meant by the phrase " pow- 
 er and Government usurped, which may be 
 found in arms?" 
 
 A. I will tell you how I understood it It 
 referred to the Government and the army 
 of the United States. 
 
 Q. It was against them, then, that you 
 were organized to wage a war ? 
 
 A. We were to wage war upon them, of 
 course, if they took up arms against the 
 South. 
 
 Q. Did you think that the government 
 referred to, was the government of the 
 whole South ? 
 
 A. That was the opinion where I lived. 
 
 Q. Do you swear that that it was the in- 
 tention of the order generally? 
 
 A. I dori*t know as it was, and I have 
 never traveled over other States to learn 
 how they considered it, nor conversed with 
 members elsewhere about it. 
 
 Q. Did you not state the other day, in 
 your examination-in-ohief, that you were to 
 meet the Southern army if they invaded 
 the North, and shake hands with them? 
 
 A. It was the understanding, where I 
 
 lived, that in case of an invasion, we were 
 to shake hands with them and be friends. 
 
 Q. Was that the understanding as to the 
 relations of the order to them? » 
 
 A. It was, as far as my knowledge ex- 
 tends, in our section. 
 
 Q. You were willing, then, to shake hands 
 with the invaders of the North, and he 
 friends with them ? 
 
 A. This was the sentiment in the section 
 where I lived. 
 
 Q. Did this sentiment extend beyond the 
 order ? 
 
 A. I think some outside of the order felt 
 the same way. 
 
 Q. You did not think it wrong, then, to 
 welcome them as friends ? 
 
 A. I never understood any thing about 
 the right or wrong of the case. Of the two 
 evils we were to choose the least. 
 
 Q. What two evils did you consider it the 
 least of? 
 
 A. The independence of the South or 
 submission to the oppression of the Admin- 
 istration. In our section we considered 
 the success of the South the least e-viL 
 
 Q. Were you in favor of it against the 
 Government of the United States ? 
 
 A. Yes, sir. 
 
 Q. Do you still maintain that feeling in 
 your lodges there ? 
 
 A. Yes, sir. At the meeting I attended 
 three weeks ago, we were pledged to that 
 faith. 
 
 Q. How did you come to leave home and 
 come here ? 
 
 A. I was brought here by the Provost 
 Marshal. A subfiena was served on me, in- 
 structing me to come here. 
 
 Q. Were you arrested, and then sub- 
 penaed? 
 
 A. No, sir. I was brought here, and was 
 ignorant as to what I was subpenaed for. 
 
 Q. Did the Government promise you that 
 you would be protected against prosecution, 
 if you testified against the order? 
 
 A. I have received no assurances-of that 
 kind, except what I had here to-day in court 
 from the Judge Advocate. 
 
 Q. Did you testify without fear or favor? 
 
 A. I had fears, but not of this court. 
 
 Q. What were you in fear of? 
 
 A. I have had fears that I would be ar- 
 rested when I got home, on the strength of 
 the testimony I have given here; and also 
 have had fears about the dealings with me 
 of the organization to which I belong. 
 
 Q. Did you not tell General Carrington 
 that you would bo ruined at home on ac- 
 count of your testimony? 
 
 A. I may have told him so. 
 
 Q. Why did you expect it would ruin 
 you? 
 
 A. I supposed it would so far as the order 
 extends ; for its members are all under the 
 same obligatipn that I have taken. 
 
 Q. Why do you make this exposure of 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 47 
 
 the order, after taking that obligation to 
 keep it a secret ? 
 
 A. I have testified before this Court vol- 
 untarily, because the law makes it my duty 
 to tell the truth; and as an honest and 
 truthful man, I mean to tell the truth, and 
 nothing else. 
 
 Q. You preferred telling the truth, then, 
 and exposing the order, rather than keeping 
 your obligation not to reveal the secrets of 
 the order ? 
 
 A. I considered this a lawful tribunal, and 
 have spoken tlie whole truth. 
 
 Q. Do you not consider the order a lawful 
 organization ? 
 
 A. No, sir, I do not. 
 
 Q. Then you regard the laws of the land 
 and of this Government as preferable to 
 assisting the Confederacy ? 
 
 A. I regard my obligations to the laws of 
 the land first of all, to speak the truth, and 
 I wish, so far as in me lies, lo respect and 
 obey the laws. 
 
 Q. Have you had any inducement held 
 out to you to expose this order ? 
 A. No, sir. 
 
 Q. What made you do it ? 
 A. Because 1 was brought before this 
 Court, and I could not refuse to tell the 
 truth without being false to the oath I took 
 here. 
 
 Q. Could you not back up on your 
 rights ? 
 
 A. Had I been a lawyer, I might have 
 done so. 
 
 Q. Did you not do so this morning ? 
 A. I said that I would not answer unless I 
 was so directed by the Judge Advocate. 
 
 Q. Do you not know that if you had been 
 asked any question that would lead you to 
 criminate yourself, that you could not be 
 compelled to answer it ? 
 
 A. I have never been before a military 
 court before ; I am no lawyer, only a farmer, 
 and u, poor one at that ; and I don't know 
 the custom of military courfa. 
 
 BE-EXAMINATION. 
 
 Question by the Judge Advocate : 
 
 When I saw you in my room, did I, or did 
 I not, inform you that you were to speak 
 the exact truth, and that without any fear, 
 favor or affection 7 
 
 A. You did, sir. 
 
 Q. And without any hope of fee or re- 
 ward, or offer of any, in any way whatever ; 
 and that all the truth must be spoken with- 
 out any swerving or prevarication ? 
 
 A. You did, sir. I felt considerably em- 
 barrassed, and when I saw you at your of- 
 fice, you spoke to me as you did here. 
 
 Q. Was there any thing said except as to 
 the desire of the Government to get at the 
 clear, unvarnished truth ? 
 
 A. That was all, sir, 
 
 was served upon me, and I had to come and 
 testify as I have done. 
 
 TESTIMONY OF WESLEY TRANTER. 
 
 Wesley Tranter, a witness for the Govern- 
 ment, being duly sworn, in answer to inter- 
 rogatories by the Judge Advocate, testified 
 as follows : 
 
 My home is at Shoal's Station, Martin 
 county, Indiana, and am a miller by trade. 
 I have not lived at Shoal's Station since I 
 informed on this Butternut organization in 
 March last. 
 
 In the spring of 1863, I joined a secret 
 society, called the Circle of Honor; that 
 was directly after I was discharged from the 
 army for disability. I was a private in the 
 17th Indiana Volunteers, and was wtth 
 Sherman's army. I joined the order at the 
 solicitation of a man by the name of Ste- 
 phen Horsey. There were about forty or 
 fifty in the organization at the time I joined. 
 John W. Stone was the head man, as far as 
 speaking was concerned, He came round 
 to make speeches to the order, and Stephen 
 Horsey assisted him. Horsey resides at the 
 Shoals still, but Stone, who had some diffi- 
 culty with the boys of the 17th Indiana, in 
 which he had his fore-finger shot off, went 
 away, with his wife, to Kentucky. 
 
 Mr. Horsey, who induced me to join the 
 order, said if I would join, he would show 
 me the elephant, and if I did not like it 
 after I was in, he would get me out. He 
 gave the name of the order as the Cir- 
 cle of Honor. He said they wanted to find 
 out how strong the Democratic party was. 
 As I had been a Democrat all my life, I 
 joined the order. 
 
 About two months after joining, they 
 ga^ us the Morgan signs, which they said 
 would, in the event of our being taken pris- 
 oners, and making ourselves known, secure 
 us better treatment. 
 
 [The witness, at the request of the Judge 
 Advocate, gave the signs, positions, etc., 
 which were similar to those described by the 
 witness Stidger, as belonging to the Vesti- 
 bule degree of the Order of American 
 Knights.] 
 
 We had a little book, or ritual, which a 
 little fellow, whose name I do not remem- 
 ber, and who said he went backward and 
 forward to Richmond, brought there. It 
 was said that the book had been got up by 
 Jeff Davis for the use of the lodges. 
 
 About January, 1864, Horsey came to me 
 and said they were going to have a very im- 
 portant meeting, A man by the name of 
 T, Baker also asked me to go, I attended 
 the meeting. They taught us more of the 
 signs of recognition used by the members, 
 and swore us into Jeff Davis' service ; and 
 we were to support him, North or South, at 
 all hazards. That was no part of the oath 
 we took, but if we revealed the secrets of 
 
 Q And what brought you here to-day ? we took, but if we revealea tne secrets oi 
 A The Bubpena from this Commission I the order, we were to sufler our Hearts to oe 
 
48 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 torn out, and our bodies to be cut into 
 pieces, and the four quarters to be scattered 
 north, south, east and west. 
 
 It was said by members that Dr. Bowles 
 and H. H. Dodd were connected with this 
 organization. Bowles was said to be in 
 New York, and would meet Stone here at 
 Indianapolis about the 26th of March. It 
 was said in the order that H. H. J)odd was 
 to be Governor of the State, in Morton's 
 place ; that Governor Morton was to be put 
 out of the way, and Dodd was to be set up 
 in his place. Stone said we were to have 
 arms, and were to resist the draft. Lincoln, 
 he said, had been scared once, into putting 
 off the draft, but now they would show him 
 something that would scare him more than 
 that. Lincoln was afraid, he said, of the 
 arming going on here in the North. This 
 was said at a meeting of the Temple of 
 Honor, held about a mile east of the Shoals, 
 at a house belonging to a man by the name 
 of Gaddis, on a Saturday night, toward the 
 latter part of the month of January. They 
 said we must have our old rifles and shot- 
 guns fixed up as best we could, and that 
 they would have revolvers shipped to them. 
 Two boxes of revolvers came there, and a 
 man by the name of Coffin, a blacksmith, 
 helped to cany them. The boxes were 
 passed off as jewelry. I was told this by 
 Horsey. 
 
 The arms were to be used to assist the 
 rebels, and against the blue coats, as they 
 called the United States soldiers, and they 
 said : '■ We will show them how to fight." 
 They expressed their intention to resist the 
 United States Government, and to support 
 the South. Stone said, in his speech, that 
 about five days from the first of April, they 
 were to take this place (Indianapolis); ,the 
 members of the order in Illinois were to take 
 Springfield ; while those of* Missouri were 
 to take St. Louis. Bragg was to do all he 
 could in Tennessee ; Morgan was to advance 
 his force into Kentucky ; Forrest was to 
 cross the Ohio to Illinois,/ and we were to 
 aid. The Indianians were to seize this 
 place and the arsenal, and distribute the 
 arms to those members of the order who 
 had none. The arsenal, it was said, would 
 be seized when there were but few soldiers 
 here. 
 
 At that meeting. Stone said Governor 
 Morton was to be put out of the way ; that 
 he had but a short time to live after the 
 visit here to the arsenal. Stone read a let- 
 ter at the meeting, signed M. D., in which 
 this was said about Governor Morton. 
 
 At the same meeting, something was said 
 about organizing and drilling. I never 
 drilled with them, but an old man, by the 
 name of Woody, asked me to drill them, as 
 I had been in the army, and was supposed 
 to know something about it; but I would 
 not. 
 
 Among the signs of recognition they had 
 
 in January, 1864, besides that I have men- 
 tioned, was tfie sign 0. A. K., spelling the 
 word oak The letters composing the word 
 were to be pronounced alternately by the 
 parties meeting. There was also the sign 
 of distress. In case of the arrest of a mem- 
 ber of the Order, he was to halloo oah-oun 
 three times, when any member of the or- 
 der who heard would come to his assistance 
 at all hazards. 
 
 I first revealed the designs of the order 
 to Captain Henley, in March of this year, 
 when I wrote out a statement of the mat- 
 ter, giving the signs, signals, etc., substan- 
 tially as I have given them here. I have 
 not seen, read, or heard atay thing in con- 
 nection with this matter testified to by the 
 witness Felix G. Stidger. I have not at- 
 tended a meeting of the order since Janu- 
 ary, 1864, nor have I conversed with a mem- 
 ber of t&e order since that time. The rea- 
 son why I did not continue to attend was, 
 that the avowed principles of the order did 
 not^uit me. I had a brother in the United 
 States army, and I told my father that I 
 should report on them, and they might do 
 just what they liked with me. 
 
 Stone said that communication was kept 
 up between the order and the rebels, and 
 that the only way to save the Government 
 was to elect Jefl" Davis the next President. 
 That Jeff Davis had three times offered to 
 compromise, and that Lincoln's Govern- 
 ment would not do it, and that now some- 
 thing would have to be done to make them 
 yield. 
 
 I did not join the order as a detective, 
 nor have I ever acted as such. I joined it 
 in good faith, supposing it to be a legitimate 
 organization. I have received no fee or 
 offer of reward for my testimony, and no 
 promise of any kind has been made to me 
 to induce me to testify. 
 
 The Commission then adjourned, to meet 
 on Thursday, October 6, at 10 o'clock, A. M. 
 
 CoTjET Boom, Indianapolis, Indiana, 1 
 Octobers, 1864, 10 o'clock, A. M. j 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present; also the Judge 
 Advocate, the accused, and his counsel. 
 
 The proceedings were read and approved. 
 
 Wesley Tranter, a witness for the Gov- 
 ernment, resumed his testimony as follows : 
 
 John Stone said, at the meeting in Jan- 
 uary I have referred to, that, of the Western 
 States, Indiana, Illinois and Missouri would 
 join the Southern Confederacy, and that 
 they would lick out "Old Abe " and his blue 
 coats. 
 
 CROSS-EXAMNATION. 
 
 I first made up my mind to expose the 
 order the next day after 1 was sworn into , 
 the Knights of the Golden Circle. When ' 
 I told my father what my intentions were. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 49 
 
 he was a little scared, and told me to tell 
 my uncle at Washington, Davis county, 
 which I did, and he advised me to come 
 here and report. I came here to Indianap- 
 olis about the 10th of March, and Captain 
 Henley wrote out my statement. 
 
 The cause of John W. Stone's leaving 
 was: a Lieutenant of the 17th Indiana, 
 with some of the boys, were going to arrest 
 him, to find out if he knew who killed some 
 of our soldiers. When Stone saw them 
 coming, he tried to make his escape, when 
 they fired, and his fore-finger was said to 
 have been shot off. 
 
 The name of the order I joined, was the 
 Circle of Honor; I met with them some 
 four or five times, when it was reorganized 
 as the Knights of the Golden Circle. The 
 obligation taken in the Knights of the Gold- 
 en Circle was to support Jeflf Davis, either 
 North or South. 
 
 The soldiers who went to take Stone, also 
 went after Horsey, but I think I saved him, 
 and Dr. Bowles too. Dr. Bowles was to be 
 our general to lead us South to support 
 Jeff Davis. Bowles sent for some of us 
 boys to go tiown to French Lick Springs, 
 where he Uved. I was not alarmed at re- 
 ceiving the Morgan signs, and the prospect 
 of serving under Bowles. I knew we had 
 the right sort of man to lead us, and that 
 he would run if there was danger, as he did 
 in Mexico, and that we would be safe. 
 
 RE-EXAMINATION. 
 
 We had a hailing sign in the order, or 
 sign of distress ; it was the word '■ oak-oun " 
 pronounced three times. 
 
 The statement which Captain Henley 
 wrote out from my dictation at the Bates 
 House in this city, was sent to General Car- 
 rington. 
 
 TESTIMONT OF ELLIOT ROBERTSON. 
 
 Elliot Eobertson, a witness for the Gov- 
 ernment, being duly sworn, in answer to in- 
 terrogatories by the Judge Advocate, testi- 
 fied as follows : 
 
 I am a farmer, and live in Randolph 
 county, Indiana. I joined the Order of the 
 Knights of the Golden Circle in Green Fork 
 township, Indiana, about the 1st of June, 
 1863, or a little later. I joined at the soli- 
 citation of a man by the name of John D. 
 Burkebyle, who was the chief of the order at 
 that place. A person named Nathan Brown, 
 who was understood in the order to have 
 been sent from the leaders here in Indian- 
 apolis, organized the order in our town- 
 ship. I do not recollect the obligation I 
 took, except the penalty for disclosing the 
 secrets of the order, which was death ; the 
 body being cut into four quarters, ono part 
 to be cast out at each gate, north, south, 
 east and west. They had grips and signs, 
 etc., by which members of the order could 
 recognize and test each other. First we 
 4 
 
 stood in a military position, with the heel 
 of the right foot in the hollow of the left, 
 arms folded, with the two first fingers of 
 the left hand apart. This position was an- 
 swered, when it was recognized, by passing 
 the right hand across the face, as though 
 stroking the mustache. Another sign was 
 a grip, in which each party held the fore- 
 finger so that it should reach as far as it 
 could up the wrist. 
 
 The order was understood to be organized 
 for military purposes, and about one-half of 
 the members were armed. The intention 
 of the order was to oppose the Administra- 
 tion in its attempts to put down the I'ebel- 
 lion. 
 
 The name of the order was changed to 
 American Knights about September, 1863. 
 I was invited to join the new order, but did 
 not. I was instructed in it by the captain 
 of the Knights of the Golden Circle. 
 Nearly all who belonged to the Knights of 
 the Golden Circle became members of the 
 new order. 
 
 I passed into a lodge of the American 
 Knights in Gratis township, Preble county, 
 Ohio, about two months ago. A friend of 
 mine took me, but nothing particular was 
 done. I have not attended any regular 
 meeting of the order since September, 1863. 
 
 Ono purpose of the organization was to 
 oppose the draft and arbitrary arrests, and 
 by force of arms, if need be; but the un- 
 derstanding was, that our operations were 
 to be confined to Indiana. 
 
 Burkebyle and Brown said that it was 
 only in part determined what should be 
 done in case of the draft. It was said at a 
 meeting of the order, that should a draft 
 be made, they would know in time whether 
 we were to resist or not. 
 
 The captain said he bad orders from In- 
 dianapolis to arm the members of the or- 
 der. The question was discussed as to how 
 we should get arms. Some were in favor 
 of buying their own arms, but the captain 
 said there were plenty of arms here in In- 
 dianapolis, and we were not to be uneasy 
 about that. I do not know of any arms 
 being distributed, except from hearsay. 
 
 I joined the order more out of curiosity 
 than any thing else. I never acted in any 
 capacity as a United States Detective. My 
 testimony before this Commission is volun- 
 tary, and no offer or promise of reward, 
 in any way, has been made to me to induce 
 me to testify in this case. 
 
 CROSS-EXAMIKATIOV. 
 
 I volunteered as a soldier in the ICth 
 Indiana, on the 22d of August last, and 
 made a statement to General Carring- 
 ton respecting the order soon after I vol- 
 unteered. Have not joined my regiment 
 yet, or been on particular duty. I should 
 have made a statement of the objects of 
 the organization to the authorities before, 
 
50 
 
 TREASON TEIALS AT INDIANAPOLIS. 
 
 if I could havo received protection for so 
 doing. I made a statement to 'Squire 
 Hough, I think in October, which was 
 sworn to by me. I met with the order 
 after making this statement to 'Squire 
 Hough, but only to learn their intentions 
 more fully. I was formerly a Republican, 
 but had become a Democrat before joining 
 the order. When I made the statement 
 to 'Squire Hough, I was a Union man, and 
 did not want to favor the order. 
 
 I only know of one 'attempt to resist 
 what was called arbitrary arrests. Burlce- 
 byle thought he was going to be arrested, 
 and I and some of the members of the or- 
 der met at his house to resist it Burke- 
 byle said to me, that it had become known 
 that he was a member of the Order of the 
 Knights of the Golden Circle. We met at 
 his house two nights. I was armed with a 
 gun. Burkebyle's two boys, Henry Woodin, 
 Henry Robinson, and another man, were 
 there. 
 
 J. D. Burkebyle was our captain, Abram 
 Piatt was treasurer, and Francis Burridge 
 was secretary; Amos Crew was lieutenant, 
 and Henry Woodin sergeant. There were 
 between sixty and seventy-five members in 
 the order at Green Fork township. 
 
 The Commission then adjourned, to meet 
 on Friday, October 7, at half-past 8, A. M. 
 
 Court Room, Indt.^napolts, Indiana, ) 
 October 7, 1804, 8>^ A, M, j 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present, except Colonel 
 Benjamin Spooner. Also present the Judge 
 Advocate,' and the counsel for the accused. 
 . It was then announced by tlie Judge Ad- 
 vocate that the accused, Harrison II. Dodd, 
 had escaped, and could not be present; he 
 therefore asked for an adjournment of 
 the Commission till 11 o'clock A. M., at 
 which time he proposed to submit the case 
 to the Commission, that they might proceed 
 to the finding and sentence. 
 
 The counsel for the accused, Jonathan 
 W. Gordon, Esq., and Martin M. Ray, Esq., 
 then submitted to the Commission 'an affi- 
 davit touching the escape of the accused: 
 
 Onited States of America ) 
 
 Ts. J- Before Military Com. 
 
 Harrison H. -Dodd, J 
 
 Be it remembered, that on this 7th day of 
 October, 1864, personally came before me 
 
 The following extract from the report of Colonel A ,1 
 Warner, Commander of the Post, Indinnapolis, to Cap- 
 tain A. 0. Kemper, A. A. G., gives all the particniars 
 known of the escape of H. H. Dodd, on the morniue of 
 the 7th of October: 
 
 Mr. Harrison H, Dodd, who was on trial in this city 
 before the Military Commission, on a charge of trea- 
 son and conspiracy, made his escape from the room oc- 
 ■oupied by him, in the thirl story of the Post Office 
 Bnilding, a few minntes before i o'clock this morning. 
 He escaped through the window, opening on Pennsylva- 
 nia street, by means of a rope attached to an iron rod, 
 which was held fast between hia bed and the iron win- 
 dow shutter. A ball of twine had been conveyed to him 
 
 H. L. Burnett, Judge Advocate Department 
 of the Ohio and Northern Department, 
 Jonathan W, Gordon and Martin M, Ray,- 
 the counsel for Harrison H. Dodd, in trial 
 before a Military Commission, in the city 
 of Indianapolis, and being by me duly 
 sworn according to law, depose and say 
 jointly and severally, each for himself, that 
 they have this morning heard with sur- 
 prise of the escape of their client, II, H, 
 Dodd, from his prison, in this city, 
 
 Tliey further declare, as an act due from 
 them to this Commission, that never 
 by word, act or intimation, did they, or 
 either of them, counsel, prompt, suggest or 
 intimate to said Dodfl, or to any friend or 
 acquaintance of said Dodd, or any one else, 
 his escape from prison ; nor was any thing 
 upon the subject ever intimated among 
 themselves; nor had they, at any time, from 
 any source, any notice or suspicion that said 
 Dodd contemplated any such escape ; and 
 they thus declare their entire innocence, 
 in thought, word or deed of his escape. 
 And they ask this statement to go upon the 
 record in this cause, M. M, RAY, 
 
 J, W, GORDON, 
 
 Sworn to before me, and subscribed in my 
 presence, this 7th day of Octobei;, 1864. 
 
 H. L, BURNETT, 
 Judge Advocate Department of the Ohio and 
 
 Northern Department. 
 
 The Commission then adjourned, to meet 
 at 11 o'clock, A, M, 
 
 AFTESKOON SESSION, 
 
 riouBT Eooar, Ind[anapolis, Inbiana, ) 
 October 7, 18j4, 11 o'clock, A. M. / 
 
 The Commission met pursuant to adjourn- 
 ment 
 
 The same members present as at the 
 morning session. Also,* the Judge Advo- 
 cate, and the counsel for the accused. 
 
 The Judge Advocate then addressed the 
 Commission as follows : 
 
 Jhe accused, Harrison H, Dodd, having 
 made his escape, as I announced at the first 
 session to-day, I had thought of asking the 
 Commission to proceed on the evidence al- 
 ready before them to their finding and sen- 
 tence ; and though it may be the course I 
 
 by some of his friends who had been permitted to visit ' 
 him, by means of which he had drawn np to hia window 
 a large rope, fnrnishod by some persons otitsidu, whi> 
 assisted in hia escape. 
 
 There was no gu.ird on the outside of the building, 
 and the atti-mpt was not detected, until the prisoner had 
 reached the ground and escaped. The street lumps near 
 by hiid been previously darkened lo conceal the move- 
 ment. 
 
 When Mr, Dodd petitioned Brevet Major Genersl 
 Ilovey, Commander of the District, to bo allowed to oc- 
 cupy a room in the Post Office Building, instcail of beins 
 closely conBnod in the Military Prison, he gave hii 
 parole-cf honor, thnt he would make no attempt to es- 
 cape. His brother also pledged his word, and stated ho 
 would risk all ho wns worlli that H, H, Dodd would not 
 try to escape, if this privilege was granted 
 
 Measures, therefore, (hat would havo been taken to 
 prevent escape, by placing guards on the outside al 
 well as withm the building, were not, under the cir» 
 cumstancea, resorted to in this case 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 51 
 
 shall finally ask the Commission to pursue, 
 I think it best at present to recommend 
 that the Commission adjourn till such time 
 as they think best. In the mean time, I 
 will prepare the papers against some other 
 prisoners, with whose trial wo may proceed, 
 allowing the present case to remain for the 
 time in its present condition. 
 
 TIio law, so far as I have been able to ex- 
 amine the decisions in the United States 
 Reports, and th^ reports of the States of 
 New York, Indi.T,na, Alabama, Arkansas, 
 and one of the Ohio Reports, all go to this 
 extent: That where a prisoner, by his own 
 default, is not present to receive the verdict 
 of the jury and the sentence of the Court, 
 waives, by bis own act, the constitutional 
 right which he had, that he could not again 
 be put in jeopardy of life or limb ; but hav- 
 ing, by his own act, deprived himself of that 
 privilege, he may again be put upon trial for 
 the same ofifense. Or, as the law expresses 
 it, (here was from the beginning no jeop- 
 ardy, or it can not be said there was a real 
 jeopardy, because he may, from the begin- 
 ning, have had an intent to escape before 
 the sentence of the law could act upon him. 
 The civil decisions say, further, that while 
 he has deprived himself of that privilege, 
 yet, as a general rule, the Court can not pro- 
 ceed to sentence, or the jury to give a, ver- 
 dict, because he may have the privilege of 
 "polling the jui-y." It is one of the rights 
 of the accused to make a claim or plea to 
 the Court, and his presence is necessary to 
 the rendition of the verdict and the passing 
 of sentence. Later decisions, however, bj' 
 the Supreme Court of this State, and also 
 the Supreme Court of Ohio, go to the ex- 
 tent that if a person, of his own default, is 
 not present to receive tlie verdict of the 
 jury and the sentence of the Court, yet the 
 Court may receive the verdict of the jury 
 and give sentence. I apprehend, therefore, 
 that this reasoning would hold with greater 
 force before a court-martial or military com- 
 misbion, for the reason, that in a court-mar- 
 tial or military commission, the accused is 
 never present when the Court proceed to 
 their finding and sentence. The moment I 
 say to the Commission, "The evidence on 
 behalf of the Government is closed," the 
 accused may introduce evidence to rebut 
 that which has been introduced on the part 
 of the prosecution, or he may waive that 
 privilege, and [jresent his defense in the 
 shape of an address, called " the Address 
 of the Accused," and given under oath, or 
 othfnvi<!c, and which may be received by 
 the Court in rxtenuation or mitigation of 
 his srntence. But if, for any reason, tlie ac- 
 cused abandons his cau;e, and fails to rebut 
 the evidence produced on the part of the 
 Government, he waives his right of address; 
 in other word.-:, he says, " I have no defense." 
 The Court th< n proceeds to close the doors 
 to deliberate on the finding and sentence. 
 
 I do not see why such a course could notba 
 pursued in strict accordance with reason 
 and justice, and the due observance of mili- 
 tary law. 
 
 1 make these suggestions at this time, that 
 the gentlemen engaged as counsel for tho 
 accused may be made aware of what may 
 be claimed in tho premises on the part of 
 tho Government. 
 
 I now ask the Commission to adjourn to 
 such time as they jnay deem best. 
 
 The Commission, after deliberation, ad- 
 journed to meet on Thursday, October 13, 
 1804, at 2 o'clock, P. M. 
 
 COTTET EOOBr, iNDTANAPOLia, INDIANA, ■> 
 
 October 13, 180t, 2 o'clock, P. M. f 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 In consequence of the absence of a mem- 
 ber, the Commission adjourned to meet on 
 Saturday, October 15, 1864, at 9 o'clocic, 
 A. M. 
 
 CouET Room, Indianapolis, Indiana, ) 
 October 16, ISUl, 9 o'clock, A. M. J 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present ; also the Judpe 
 Advocate, and the counsel for the accused. 
 
 Absent, the accused, Harrison H. Dodd. 
 
 Tho proceedings wore read and approved. 
 
 The Judge Advocite then addressed the 
 Commission as follows: 
 
 As I intimated at the last session of the 
 Commission preceding our late informal 
 meeting, I propose now to submit the case 
 of the accused, Harrison II. Dodd, on tho 
 evidence already introduced, and to ask the 
 Commission to proceed to their lindint; in 
 tlie case, and, in the event of findin:,' against 
 the accused, to sentence. 
 
 For authorities in support of sv.ch a co'jrse, 
 I propose simply to cite certain late decis- 
 ions in similar cases, by the Supreme Court 
 of Ohio, and also by the Supreme Court of 
 this State. 
 
 The first case is from the OMo IRcporii, 
 vol. VII, page 180. Charles Fight vs. The 
 State. The plaintiff was arraigned at tho 
 August term of the Brown Common Plea;i 
 Court, plead not guilty, and, on his motion 
 and giving security, the prosecution was 
 continuoil to the November term. He was 
 placed on trial before the jury on the fourth 
 day of the succeeding term, and the testi- 
 mony being partly heard, the Court ad- 
 journed until the next morning, at whicli 
 time the Court met, and the plaintiff being 
 called, made default. The Court then is- 
 sued a bench-warrant for the plaintiif, and 
 proceeded to charge the jury. On the next 
 day the jury rendered a verdict of guilty, 
 which was received by the Court in the ab- 
 sence of the plaintifl'. At the succeeding 
 March term, the plaintill" asked for a new 
 
52 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 trial, asaigning,, among other reasons, that 
 the jury had heard only a part of the testi- 
 mony, and that the verdict was brought in 
 during his absence. This was overruled, 
 when the plaintiff moved an arrest of judg- 
 ment for substantially the same reasons. 
 The case was argued before the Supreme 
 Court, and the opinion delivered by Judge 
 Wood was concurred in by all the Court. 
 
 The synopsis gives the point of the case 
 in these words: 
 
 "Where, pending a trial upon a criminal 
 prosecution, the accused, being on bail, ab- 
 sconds, it is legal to proceed with the case, 
 and to receive a verdict of guilty in his ab- 
 sence." 
 
 The opinion of the Court is as follows : 
 
 " In England, in misdemeanors, where the 
 defendant is on bail, atrial, a conviction and 
 sentence may be had in his absence. He is 
 present or not, at his option. In felonies, a 
 different rule, it is true, prevails. The ac- 
 cused must be present when every principle 
 of the law is discussed and determined in 
 which he is concerned. The reason of this 
 difference in the mode of proceeding in the 
 two cases can not, perhaps, at this time, be 
 satisfactorily ascertained ; or, rather, no sat- 
 isfactory reason can be given for it. A 
 prisoner in close custody may be so easily 
 oppressed and deprived of his rights, and it 
 would be so extremely difficult for him to 
 make known his injuries and obtain redress, 
 that to prevent unnecessary restraint, and 
 to afford the accused an opportunity of be- 
 ing fully and fairly heard, the rule in refer- 
 ence to him may be reasonable and salutary; 
 but it would apply with force to all classes 
 of offenders. But in felony, the accused is 
 not necessarily confined within the four 
 walls of the prison. Both before and after 
 the conquest, all felonies were bailable by 
 the common ancient, law. The 8tat. Weston, 1 
 ' and 3 Ed., 1 c, 15 ; 23 Hen., 9, c. 9 ; and 1 and 
 2 Ph. and Mar., c. 13, except treason and mur- 
 der, and certain other crimes from those for 
 which the King's justices may bail. {Bl. 
 Com., 4 vol, 208.) ' But the Court of King's 
 Bench, or any judge thereof, in vacation, 
 may, at their discretion, admit persons to 
 bail, in all cases whatsoever. (3 East., 163, 5 Ji 
 a., 169), but none can claim this benefit de 
 jure (2 Hale, 129). If on bail, 1 apprehend, 
 neither the courts of Great Britain nor the 
 United States would proceed to impannel a 
 jury, in a trial for felony, unless the ac- 
 cused were present to look to his challen- 
 ges. If the trial, however, is once com- 
 menced, and the prisoner, in his own wrong, 
 leaves the Court, abandons his case to the manage- 
 ment of counsel, and runs away, I can find no 
 adjudged case to sustain the position, that 
 in England the proceedings would be stayed. 
 Such a case must form an exception to the 
 general rule, and the verdict may be legally 
 received in the absence of the accused. The 
 prisoner can not be deprived-of his right to 
 
 be present, at all stages of his trial; but 
 that he must be, under all circumstances, or 
 the proceedings will be erroneous, can not, 
 we think, be sustained." 
 
 The next case I shall cite is from vol. 14, 
 Indiana Reports, page 39. It is an opinion 
 delivered by Judge Perkins, of this State, in 
 the case of McCor/cle vs. The State. I shall 
 read only that portion of the opinion appli- 
 cable to this point: 
 
 " The constitution and laws provide that 
 a defendant in a criminal case shall be pres- 
 ent at his trial. This is for a twofold object: 
 
 " 1. That the defendant may have the op- 
 portunity of meeting the witnesses and 
 jury face to face, and of directing the causes 
 of his trial. 
 
 " 2. That the .State may be in possession 
 of his person, so that judgment may be ex- 
 ecuted thereon. 
 
 "Now, the question is, are not these pro- 
 visions, so far as they are in favor of the de- 
 fendant, designed to confer a privilege which 
 he may waive? He can waive a trial alto- 
 gether, and plead guilty. He can waive the 
 constitutional and legal privilege of trial by 
 jury. He can waive the constitutional and 
 legal privilege of being a second time put 
 in jeopardy. And shall it be said that he 
 can not waive his privilege of being present 
 when his witnesses are examined, or any 
 one of them ? Then did he, as a question 
 of fact, make such waiver in this case ? If 
 he had voluntarily arisen in Court, and 
 asked to be absent in the custody of an of- 
 ficer, or otherwise, for a period of time, re- 
 questing that the trial should proceed in 
 his absence, the waiver would be clear. But 
 how does such a step differ, in substance, 
 from a voluntary departure without asking 
 that the trial shall stop ? In one case the 
 consent is vocally, in the other, tacitly, but 
 equally clearly, expressed." 
 
 This was a case in which the prisoner ab- 
 sented himself during a portion of his trial 
 The next case in point is reported in the 
 Sixteenth Indiana Reports, page 357. The 
 Slate vs. Wamire. The opinion was deliv- 
 ered by Judge Perkins, and is the last case 
 in point, on record, that I know of 
 
 " 3. The court is not bound to discharge 
 the jury because of the voluntary absence 
 of the defendant during the trial, he hav- 
 ing been present at the commencement, 
 l^StcOorlcle vs. The State, Fourteenth Indiana, 
 39; Fight vs. The State, Seventh Ohio (Ham.) 
 Reports, Part 1, page 181], but may proceed 
 on to verdict, at all events, in his absence." 
 
 In all the cases I have cited, the authori- 
 ties go further than I ask the Commission 
 to proceed. I do not propose to introduce 
 testimony in the absence of the accused, 
 but simply to submit the case to the Com- 
 mission upon the evidence already intro- 
 duced, and upon tliis evidence I ask the 
 Commission to proceed to its finding and 
 sentence. The reason for such a course is 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 53 
 
 stronger in a court of this kind, than it 
 would be before a civil tribunal. The mo- 
 ment I am able to say to the Commission, 
 "The evidence in the case is closed," the 
 accused would have to withdraw by the 
 rules of the court, and the court-room 
 would be cleared, and the Commission 
 would at once proceed to deliberate upon 
 the evidence and to arrive at their finding 
 and sentence. When that finding and sen- 
 tence is arrived at, it is not made known to 
 the accused by this Commission ; it is not 
 known as possessing vitality or evep exist- 
 ence, until it has been submitted to the 
 convening authority, and by him reviewed 
 and approved. If approved, it is made 
 known to the accused by the Commanding 
 General, or, in technical phrase, it is "pro- 
 mulgated " in General Orders. 
 
 In this case the accused has waived — as 
 is frequently done by prisoners — his right 
 and privilege of introducing rebutting tes- 
 timony, and also his right and privilege of 
 submitting his final appeal or address to the 
 Commission. 
 
 I therefore submit the case to the Com- 
 mission, and ask them to proceed to their 
 finding and sentence. 
 
 REPLT OF J. W. OOEDON, ESQ., COUNSEL FOR 
 THE ACCUSED. 
 
 May it please the Court : 
 
 I wish to say one word in relation to the 
 position taken by the Judge Advocate upon 
 the authorities he has just read. These au- 
 thorities — more properly decisions — at least 
 in the State of Indiana, have been gravely 
 and severely questioned by learned mem- 
 bers of the profession, and by the profession 
 generally ; and I doubt whether in the 
 future they will not be overruled. They 
 yet stand, however, as the opinion of our 
 Supreme Court. If it be granted, therefore, 
 that they are law — that they govern to a 
 certain extent the proceedings of our State 
 courts, in the trial of felons, is it quite cer- 
 tain that they are applicable to the case 
 now before this Commission ? Is it certain 
 that they can be properly employed as au- 
 thorities even analogically, in a military 
 court, upon the trial of a military offense? 
 
 Precedent makes law. I apprehend, how- 
 ever, that no military man, or, indeed, any 
 one else, will be able to find, after the most 
 thorough examination of the military au- 
 thorities, a single precedent, where a mili- 
 tary prisoner, having been once before a 
 military court, entered upon his trial, pro- 
 ceeded to some length therein, and then 
 escaped, and has yet been proceeded against 
 in that trial unto sentence. I apprehend 
 that no precedent can be found to that 
 effect. I am quite certain that the books 
 which I have been able to consult, furnish 
 no such precedent; and I think it is so for 
 the best of all possible reasons — the reason 
 that there does not exist such a precedent. 
 
 In all military proceedings of this charac- 
 ter, the accused is arrested. If he be an 
 otficer, the order of arrest confines him to 
 his quarters, or to the camp, or gives him 
 such limits as the commanding officer may 
 thinlc proper to prescribe. If he be an en- 
 listed man, he is generally confined, and 
 especially if the offense be heinous, to the 
 guard-house, a close prisoner. There is no 
 bail in military cases; no such thing as 
 allowirig the accused to go at large; and, 
 hence, when his trial begins he must be 
 present. He is accordingly brought beforo 
 the court, if he be an enlisted man, under 
 guard; if an officer, by citation; but, in 
 either case, he is always required to be 
 present when the trial opens; present all 
 the way along through the trial ; and, as I 
 said before, I have yet to find the first pre- 
 cedent in military law, where, in a military 
 court, a prisoner has been proceeded against 
 in his absence. 
 
 The case before the Commission is not 
 unlike that of an enlisted man. The ac- 
 cused here, not being an officer, had the 
 limits of no camp allowed him. He was 
 confined to his prison, to his room, with a 
 guard at his door, and subjected to pretty 
 severe surveillance. I know it has been 
 said that he was on his parole of honor; 
 and no doubt he did give his word to the 
 General, or to the party who enlarged him 
 and placed him in more comfortable quar- 
 ters in this building; but it was not a case 
 of parole of honor, as that existing in the 
 army with prisoners of war. It was not a 
 case in which there was any provision made 
 by the law of the land, or military law for 
 paroling. On the contrary, it was a case in 
 which the order of tlie President, the only 
 law on the subject, provided that there 
 should be no writ of habeas corpus ; and, of 
 course, no enlargement of the prisoner. Ho 
 was, then, a prisoner under guard. He has 
 escaped. These authorities, therefore, can 
 not, as I conceive, be held applicable to 
 this case, however fit to be followed in civil 
 courts, where all felons, except traitors and 
 murderers, may be at large during their 
 trial, as in the case of McCorkle, and, I 
 think, of the others whose cases have been 
 cited. 
 
 If, therefore, the accused has escaped, 
 the law must, in my opinion, be held to be 
 different in his case in this court from that 
 maintained in the civil courts of the State 
 of Indiana upon the cases cited; and, I 
 think so, not only for the protection of the 
 accused, should he be again arrested, but 
 also for the protection of the rights of the 
 Government. True, the Government may 
 waive its rights as against him; but, as I 
 understand, there is yet more evidence to 
 be adduced against him. Should the case, 
 therefore, be now submitted to the Com- 
 mission, upon the evidence already before 
 them, and should that evidence turn out> 
 
54 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 in their opinion, not to be suflSoient to sus- 
 tain the charges and specifications against 
 him, why, then, the Government, by this 
 course — whioli, I admit, is not my afi'air, 
 and I only make the suggestion by permis- 
 sion — v/ill lose forever the opportunity of 
 bringing him to condign punishment, even 
 should he be really guilty of these ofl'enses. 
 If the cause is submitted now upon this 
 evidence, and the constitutional provision 
 shall be held to apply to this case, he will 
 not be allowed to be put in jeopardy again 
 for any one of these ofl'enses. This is a 
 consideration, however, which belongs en- 
 tirely to the Government side of the case. 
 The prosecutor may introduce further evi- 
 dence if he think proper; or may stop at any 
 stage of the proceedings. 
 
 But the accused is not here; and the 
 nature of the punishment that may be in- 
 flicted, should he be found guilty, afibrds 
 another reason why he should be present 
 before proceeding to sentence him. These 
 are all of a corporeal, physical nature, oper- 
 ating upon the person. The leading charac- 
 teristic of them all is, that they operate 
 upon the person ; and there is, indeed, no 
 means of enforcing a pecuniary punishment 
 inflicted by such a court as this, except 
 where the prisoner is in custody; and 
 much less certainly of punishing him per- 
 sonally without having him first in custody. 
 In view of these considerations, then, the 
 first question before you will be : 
 
 1. " Shall we proceed with the case now 
 before us to final sentence ?" 
 
 If this question should be determined in 
 the affirmative, upon the authorities cited 
 by th« Judge Advocate, then the second 
 question for your decision will be : 
 
 2f "Shall we proceed in pursuance of 
 these authorities, and admit further evi- 
 dence should it be oiFered, because these 
 authorities go to that extent?". 
 
 If the prisoner had escaped during the 
 trial in a civil court, that court would have 
 allowed the trial to go on to verdict and 
 judgment in his absence, just as it would 
 have gone on in his presence. Evidence 
 would have been adduced, and argument of 
 counsel heard, just as if the prisoner had 
 remained present. If we take civil prece- 
 dents for our guides, and abandon the path 
 generally followed by military tribunals, we 
 should confer upon the absent defendant 
 the right to go on to final judgment by the 
 same stages, that he would have been 
 allowed to proceed in, had he remained 
 personally present. The cases cited go thus 
 far. 
 
 ] submit, then, that, in the first place, 
 tlie court will not proceed to final sentence 
 in this case; and, in the second, that, if 
 they do, they will proceed by the same 
 stages indicated by these authorities, allow- 
 ing evidence to be adduced in behalf of the 
 defense, and the case to be closed just as it 
 
 would have been, had the accused remained 
 present. 
 
 The Jiidge Advocate, in reply, said : 
 With respect to going forward with testi- 
 mony on the part of the accused in his ab- 
 sence, the Commission will find, on an ex- 
 amination of the cases cited — especially the 
 Seventh Ohio and Fwrteenth Indiana lieports — 
 that a prisoner's counsel has no authority, 
 the prisoner having abandoned his cause, to 
 introduce evidence and make a defense- 
 He certainly can not do it in a military 
 court. But tlie authorities go further, and 
 say that the Government shall not be pre- 
 judiced by the action of the prisoner. Now, . 
 I apprehend that if the prisoner was not 
 present at the commencement of the trial, 
 and proof was introduced in his absence, 
 and the case begun while he was away, that 
 the court, seeking for truth and justice, 
 would decide that the defendant's counsel 
 should have the privilege of coming in with 
 evidence in his behalf; but the case sup- 
 posed is not analagous to that now before 
 this Commission. Here the prisoner sits on 
 until the Government has proved its case, 
 and if at that stage of the proceedings he 
 abandons his case, he says, in fact, "1 have 
 no defense;" and, having thus waived his 
 right of a further hearing, he can not come 
 in hy counsel and ask that he may be 
 lieard, when he is not present for the law 
 to act upon him. 
 
 On the evidence already before the Com- 
 mission, produced in the presence of the 
 accused, and subjected to the cross-examin- 
 ation of his counsel, I submit the case, and 
 ask the Commission to proceed to their 
 finding and sentence. 
 
 The Commission may grant to the coun- 
 sel for the accused, as a matter of courtesy, 
 and not as a matter of right, the privilege 
 of putting in their views on the evidence 
 before the Commission. 
 
 The court-room was then cleared for de- 
 liberation. On being reopened, the Judge 
 Advocate announced that the Commission 
 would proceed to their finding on the evi- 
 dence already introduced, and that no more 
 evidence should be heard in the case ; but 
 that, as a matter of courtesy to the counsel 
 for the accused, they would be permitted to 
 put in their argmnent on the proof already 
 submitted. 
 
 The Commission then adjourned, to meet 
 on Monday, October 17, at 10 q' clock, A. M. 
 
 Court Room, Indianapolis, Indiana, I 
 " ' I. M.; 
 
 October 17, 1804, 10 o'clock, A. 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 iVU the members present; also the Judge 
 Advocate, and the counsel for the ac- 
 cused. 
 
 The proceedings were read and approved. 
 
 The counsel for the accused then buV 
 
TREASON TRIALS AT INDIANAPOilS. 
 
 55 
 
 mitted the following argument to the Com- 
 mission : 
 
 Mr. President and Gentlemen of the Commission: 
 
 This cause has been brought to an abrupt 
 conclusion by an unfori'seen contingency, 
 which otherwise might have been provou- 
 ted. No men regret the fact more sincerely 
 than we, the counsel for the defendant 
 We regret it both for public and private 
 reasons; for we have no doubt that the 
 cloud of suspicion which must have arisen 
 from the testimony for the prosecution, as 
 it now stands unimpeaohed, uncontradicted, 
 and seemingly corroborated by the sudden 
 disappearance of tlie defendant, might have 
 been, in » good degree, if not indeed, al- 
 together, dissipated by counter-proof and a 
 thorough defense. Just as httle do we 
 doubt that a more thorough and complete 
 investigation of the whole case, by an ex- 
 amination of all the witnesses, and a careful 
 discussion of the great questions of law in- 
 volved, would have limited the apprehen- 
 sion of danger to the peace of society and 
 the stability of the Government, which 
 may have arisen in the public mind from 
 the testimony already before the country ; 
 and thus have restored confidence between 
 man and man, as well as general tranquilhty. 
 The absence of the defendant, however, 
 prevents the further development of the 
 facts of the case ; and the sudden determin- 
 ation of the trial puts an end to investiga- 
 tions of the law applicable thereto, which 
 we had determined should be thorough 
 and exhaustive. In both respects, there- 
 fore, we feel that we have reason for sin- 
 cere and profound regret, for we are under 
 the necessity of giving up to you for final 
 judgment an imperfect cause — the broken 
 fragment of what we had fondly hoped to 
 make it; and upon this ii-agment you are 
 expected to render complete justice to the 
 whole of which it forms but a part. While 
 this labor and the difficulty thereof are 
 yours, we shall follow your action with a soli- 
 citude for theresult farmore painful andpro- 
 found than we should have felt had our own 
 labors been more thorough and complete. 
 
 Duly grateful for the privilege accorded 
 to us by the Commission of addressing it 
 upon the whole case, befor.e it is finally 
 Bubmitted for adjudication, we shall pro- 
 ceed at once to the consideration of the 
 questions arising in the record. These 
 questions are of two kinds: 
 
 I. Questions of law; 
 
 II. Questions of fact. 
 
 I. OP (JCESTIOKS OF LAW. 
 
 These again naturally divide themselves 
 into classes. Thus, we have questions: 
 
 1. In relation to the jurisdiction of the 
 Commission to try the defendant upon the 
 charges and specifioations preferred against 
 lum: 
 
 2. In relation to the liability of the do- 
 fondant to be tried before any court for 
 certain alleged oflenses charged against 
 him; and 
 
 1. Of questions in relation to the jurisdiction of 
 the Commission, etc. 
 
 Of these questions we should not have 
 spoken at this time had the determination 
 of the Commission been final; for the 
 question of jurisdiction has already been 
 presented and decided. The whole case, 
 however, we understand, will be reviewed 
 before any sentence can be inflicted upon 
 the defendant; and in order, thereibre, 
 that the reviewing officer may have all the 
 lights we can furnish upon this important 
 point, we recur to it in this place. And 
 we feel that, whether this Commission shall 
 deem itself authorized to review its deci- 
 sion in relation to its jurisdiction or not, its 
 m,embers will not take oflcnse at our recur- 
 rence to that topic, nor deem it an abuse 
 of the privilege accorded to us of submit- 
 ting this final address. 
 
 If this Commission has jurisdiction to try 
 the defendant upon the charges preferred 
 against him, it must be because martial lavi 
 had been proclaimed before these ofi'ense* 
 were committed, and is still in force in the 
 State of Indiana; foi- it will hardly be con- 
 tended that, if martial law was not in force 
 at the time of the alleged oflenses, or has 
 ceased to operate since that time, this Com- 
 mission can have jurisdiction of this cause. 
 Tlie question then, which meets us at the 
 threshold of this discussion, is this: 
 
 Is martial law in force in the State of Indi- 
 ana at the present timef 
 
 Upon the right answer to this question 
 must depend the right answer to the ques- 
 tion: 
 
 Has this Commission jurisdiction of the cause 
 now before ilf 
 
 Before we can determine whether martial 
 law is in force here or not, it is important 
 for us to ascertain what martial law is. What 
 then is martial law, the presence of which 
 alone can authorize this trial, and give valid- 
 ity to its results? 
 
 We will answer this question by the au- 
 thorities. 
 
 " Martial law is the law of war, and de- 
 pends on the just but arbitrary power of 
 the king, or his lieutenant; for though the 
 king does not make any law but by com- 
 mon consent in Parliament, yet, in tiine of 
 war, by reason of the necessity of it, to 
 guard against dangers that often arise, he 
 useth absolute power, so that his word is 
 law." — iSmith on the English Republic, Book 2, 
 ch. 4. 
 
 " Martial law may be defined as the law, 
 (whatever it may be,) which is imposed by 
 military power." — 2 Sleph. Comm. on the Laws 
 of Eng., p. 561. 
 
 " Martial law is neither more nor less than 
 the will of the general who commands the 
 
56 
 
 TREASON TEIALS AT INDIANAPOLIS. 
 
 army." — Duke of "Wellington in Hansards 
 Debates in Parliament, (3 series) vol. 115, 
 p. 880. 
 
 " Military law " [employed here as synon- 
 ymous with martial law,'] " as applied to any 
 persons, excepting the officers, soldiers, and 
 followers of the army, for whose govern- 
 ment there are particular provisions of law 
 in all well regulated countries, is neither 
 more nor less than the will of the general 
 of the army." — Dispatches of the Duke of Wel- 
 Ungion, vol 6, p. 43. 
 
 "I am sure that I was not wrong in law, 
 for I had the advice of Lord Cottenham, 
 Lord Campbell, and the Attorney General, 
 Sir J. Juves, and explained to my noble 
 friend, that what is called proclaiming mar- 
 tial law is no law at all, but merely, for the 
 sake of public safety, in circumstances of 
 great emergency, setting aside all law, and 
 acting under military power." — Earl Gray, 
 as cited by Hough in Precedents in, Military 
 Law, p. 515. 
 
 When martial law is proclaimed, courts- 
 martial are thereby vested with such a sum- 
 mary proceeding that neither time, place, 
 nor person are considered. Necessity is the 
 only rule of conduct ; nor are the punish- 
 ments which courts-martial may inflict under 
 such authority, limited to "such as pre- 
 scribed by law." — Hough on Courts^martial, p. 
 383. 
 
 " In truth and reality, it " — ^martial law — 
 "is not a law, but something indulged 
 rather than allowed as a law. The neces- 
 sity of government, order, and discipline in 
 an army, is that only which can give those 
 laws a countenance ; quod enim necessitas cogit 
 defendi." — 1 Hale His. Com. Law. Sergeant 
 Bunnington's edition, London, 1794, p. — . 
 
 This, then, is martial law — " the will of the 
 general;" "the arbitrary power of the king, 
 or his lieutenant;" the means whereby "he 
 useth absolute power, fio that his word is 
 law;" "the law which is imiposed by mili- 
 tary power;" "not a law at all;" the "set^ 
 - ting aside all law and acting under military 
 power;" a state in which "necessity is the 
 only rule of conduct;" and "neither time, 
 place, nor persons are considered;" and 
 wherein "the punishments which courts- 
 martial may inflict" are neither limited 
 nor prescribed by law. 
 
 Does this law exist here, at this moment? 
 Has it ever existed here ? Is it, indeed, our 
 law ? Are , the people of the State of In- 
 diana thus stript of all their legal and con- 
 stitutional rights; and reduced to this ab- 
 solute bondage ? Are the Constitution and 
 laws of the United States suspended ? 
 Have the State Constitution and laws in 
 like manner ceased to operate ? If not, 
 then, martial law does not exist here. If so, 
 then, by what authority have they ceased 
 to operate? By whom have they been sus- 
 pended ? Whence was the power derived 
 that has suspended them 7 All power, the 
 
 underived power of Almighty God, must 
 have an origin. But from whom comea 
 this power to put an end, for the time being, 
 and. it may be, forever, to the Federal and 
 State Governments of the United States; 
 and to all the rights they were organized to 
 protect and defend ? 
 
 These questions must be answered before 
 martial law, as insisted upon, can stand justi- 
 fied in the presence of the intelligence of 
 the nineteenth century. But how shall we 
 answer them ? 
 
 It has been insisted by the Judge Advo- 
 cate, that martial law is in force here for two 
 reasons. These are as follows : 
 
 1. Because the President of the United 
 States proclaimed martial law on the 24th of 
 September, 1862, in the following terms : 
 
 " First. That during the existing insurrec- 
 tion, and as a necessary measure for sup- 
 pressing the same, all rebels and insurgents, 
 their aiders and abettors, within the United 
 States, and all persons discouraging volun- 
 teer enlistments, resisting militia drafts, or 
 guilty of any disloyal practice, aflrording aid 
 and comfort to rebels against the authority 
 of the United States, shall be subject to 
 martial law, and liable vto trial and punish- 
 ment by courts-martial or military commis- 
 sion. 
 
 '^Second. That the writ of habeas corput 
 is suspended in respect to all persons ar- 
 rested, or who hereafter during the rebel- 
 lion shall be imprisoned in any fort, camp, 
 arsenal, military prison, or other place of 
 confinement by any military authority, or 
 by the sentence of any court-martial or 
 military commission." 
 
 2. Because the enforcement of martial law 
 is essential to the preservation of the life 
 of the Republic. 
 
 It may be that we do not state these rea- 
 sons in the order in which they were pro- 
 pounded, nor in the language employed. 
 But the order of statement can not effect 
 the questions they present; and the sub- 
 stance of the reasons are here given as pre- 
 sented. Let us, then, proceed to consider 
 them. 
 
 1. Does the Proclamation, of the Presi- 
 dent just cited, suspend the Constitution 
 and laws of the United States, and of the 
 several State* ? This question involves two 
 others, namely : 
 
 a. Had the President authority to pro- 
 claim martial law, and suspend the haheai 
 corpus as to the subjects thereof, at the tima 
 he issued this Proclamation? 
 
 b. If so, is this Proclamation still in 
 force ; or, if rescinded, has it been followed 
 by a subsequent one of equivalent force ? 
 
 a. It Will be admitted that if the Preii- 
 dent had no authority to suspend the privi- 
 lege of the writ of habeas corpus throughout 
 the United States, at the data of the fore- 
 going Proclamation, he could have had no 
 authority to proclaim martial law to the same 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 57 
 
 extent ; for a proclamation of martial law in- 
 volves not only the suspension of the writ 
 of habeas corpus, hut, also, the privileges and 
 immunities of all other laws, whether State 
 or Federal, common or statute, municipal 
 or constitutional. 
 
 Had the President power, then, to sus- 
 pend the privileges of the writ of habeas 
 corpus 1 It would seem not, both on princi- 
 pal and authoritj-. During the progress of 
 our country, this question had been judi- 
 cially considered and settled before the 
 commencement of the present war; and 
 the authorities stand thus on this point: 
 
 " Practically, as yet, Congress has never 
 authorized the suspension of the writ. It 
 is understood that as the unlimited power 
 is vested in Congress, the right to judge of 
 the expediency of its exercise is, also, abso- 
 lute in that body." — Sedgwick on Stat, and 
 Const Law, p. 598; Marlinys. Mott, 12 Wheat, 
 p. 19. 
 
 '■ But it is at any rate certain, that Con- 
 gress, which has authorized the courts and 
 judges of the United States to issue writs 
 of habeas corpus, in cases within their juris- 
 diction, can alone suspend their power, and 
 that no State can prevent those judges from 
 exercising their regular functions, which 
 are, however, confined to imprisonment 
 professed to be under the authority of the 
 United States. But the State courts and 
 judges possess the right of determining oh 
 the legality of imprisonment, under either 
 authority." — Edwleon the Const, pp. 114, 115. 
 
 " Hitherto, no suspension of the writ has 
 ever been authorized by Congress since the 
 establishment of the Constitution. It would 
 seem as the power is given to Congress to 
 suspend the writ of habeas corpus in cases of 
 rebellion or invasion, that the right to 
 judge whether the exigency had arisen, 
 must exclusively belong to that body." — 2 
 Story on Const, g 1342. 
 
 The list of American authorities might 
 be indefinitely extended; but these are 
 deemed sufficient. 
 
 The only instance in the history of the 
 United States since the adoption of the 
 present Constitution, in which an efibrt was 
 made, prior to the present insurrection, to 
 procure a suspension of Tthe habeas corpus, 
 occurred during the Administration of Mr. 
 Jefferson ; and, in that instance, the author- 
 ity was conceded by all departments of the 
 Government to reside in Congress. Tlie 
 President submitted the question to that 
 body ; and they treated it as belonging 
 without question to them." — See 3 Benton s 
 Abridg. Debates in Congress, pp. 488-491 ; 504- 
 515 ; and 520-542. 
 
 The Knglish authorities are not less de- 
 cisive of the point in controversy; for when- 
 ever the king in the recess of Parliament 
 imprisons o&nders, and denies them the 
 privilege of the writ of habeas corpus, he is 
 under the necessity of submitting his action 
 
 to Parliament at its next session, and ask- 
 ing an act of indemnity for what he has 
 done. _ Otherwise, his ofiicers and agents en- 
 gaged in such unauthorized imprisonments 
 of his subjects, would be held liable for the 
 arrests so made. Such had beoii the prac- 
 tice in England for near a century before 
 our Declaration of Independence. A dif- 
 ferent course even in England, could not 
 have been allowed without giving full sanc- 
 tion to the frequently assumed, but almost 
 constantly denied, prerogative of dispens- 
 ing with the laws of the land. The habeas 
 corpus is the creature of law — originally of 
 the old Common Law; but since tho 31 
 Car. II, of the Statute Law of England; 
 and hence to allow its suspension by pro- 
 clamation, would be to permit the King to 
 dispense with the laws of the land. 
 
 We can not better present the light in 
 w^hich these attempts on the part of the 
 King to suspend this great writ are viewed 
 by English statesmen, than by the follow- 
 ing observations of Lord Brougham upon 
 the subject: 
 
 "This is a far worse measure,'' he ob- 
 serves, "at all times than the restriction of 
 public meetings; but the exercise of the 
 power is, at least, under some check; for a 
 bill of indemnity is always required to se- 
 cure the govei-nment which has used such 
 power of imprisonment; and, as the bill 
 must be carried through after the alarm 
 has passed away, possibly when a new min- 
 istry is in office, they who have occasion 
 for it, are exposed to considerable risk, 
 if they have at all abused the power tem- 
 porarily bestowed. I have conversed with 
 ministers who have been parties to such 
 proceedings; and I have invariably found in 
 them a very natural, may I add also, a 
 very wholesome aversion to the whole 
 plan." — Brougham on the British Const, pp. 283 
 and 284. 
 
 In the language of Mr. Justice Wood- 
 bury, "it would be a little extraordinary 
 if the spirit of our institutions, both State 
 and National, was not much stronger than 
 in England against the" exercise of such 
 powers.— 7 How. U. S. I C. Hep., 62. 
 
 It may be well questioned, we think, 
 whether an American Congress possess au- 
 thority to pass a valid act of indemnity in 
 such case. Certain it is, it can not be dona 
 without a violation of the spirit of the 
 Constitution, which prohibits the passage 
 of ex post facto laws and bills of attainder. 
 There is little difference between subject- 
 ing a man to punishment for an act, not 
 criminal when committed; and depriving 
 him of a remedy for a wrong done him, 
 after his right to redress has accrued. 
 An act of indemnity is, in such case, 
 an act of injustice and oppression; and 
 clearly within the spirit of the prohibition 
 against ex post facto legislation. 
 
 But while this objection to such legisW 
 
58 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 tion lies in full force against it in this 
 country, no such objection exists to it in 
 England. There Parliament is omnipo- 
 tent. No constitutional restraints are im- 
 posed upon it. It has, at all times, all the 
 power that we could confer upon a consti- 
 tutional convention. Hence, it is entirely 
 competent for it to give legal validity to an 
 act that was before entirely illegal and void. 
 Congress has no such omnipotence, however. 
 Such power does not exist in this country, 
 except in the hands of the people. 
 
 We are, also, led to the same conclusion 
 by the contemplation of the manner in 
 which the executives of the two govern- 
 ments have originated. In theory yet, and 
 undoubtedly original in practice also, they 
 start from different and absolutely oppo- 
 site principles. 
 
 The Government of Great Britain pro- 
 ceeds from the King. He is the fans et origo 
 of power, justice, and honor. He is im- 
 mortal — can do no wrong — stands above the 
 law. Acts of Parliament are acceded to 
 by him in language which still implies, that 
 he but grants the petition of the two 
 houses of Parliament. Originally acts of 
 Parliament not unfrequenlly became laws 
 by being first presented to the King in the 
 form of humble petitions on the part of the 
 two Houses, the prayers whereof he was 
 graciously pleased to grant. Such was the 
 justly celebrated Petition of Right. An- 
 other form, equally indicative of this claim 
 of absolute power on the part of the King, 
 is that of charters. In these the King 
 Bpeaks the law, thus: Dedimus et concessimus, 
 etc. — we give and grant, etc. Such is the 
 style of the Magna Charta, and many other 
 ancient statutes of England, still extant. 
 This power of the King to grant charters 
 to corporations is still claimed as one of 
 the royal prerogatives; and may, at any time, 
 be exercised in the creation of new bodies 
 politic. The great city of London derived 
 its charter thus originally from the King ; 
 and it was said to have been sealed by 
 William the Conqueror, who granted it 
 with wax, which was 
 
 Bitten witb liia tooth 
 la token of sooth. 
 
 In order, however, more fully to grasp 
 the whole vast extent of the power thus ex- 
 ercised by the King in the granting of char- 
 ters of government, it must be remembered 
 that under them legislative, judicial and ex- 
 ecutive powers have been exercised amount- 
 ing almost to absolute sovereignty. This 
 is illustrated in the charter governments of 
 America, one of which, since its separation 
 from the parent country, has declared mar- 
 ital law. But the power is far more grandly 
 illustrated in the career of the East India 
 Company — a corporation created by Queen 
 Elizabeth, still existing, and ruling an 
 Empire embracing vast territories in the 
 fairest portions of the earth, and teeming 
 
 with a population of more than a hundred 
 million of souls. 
 
 Starting thus with a ruler, in theory at 
 least, if not in fact, absolute, we can only 
 arrive at a knowledge of his present pow- 
 ers and prerogatives by a careful study of 
 what he has already granted to his Parlia- 
 ment or people in the way of charters, peti- 
 tions and acts of 'Ea.xYia.uieiit in propria forma. 
 and in the private charters of different cor- 
 porations, which have from time to time 
 been created by him, both in Great Britain 
 and other parts of his dominions. 
 
 Whatever has been thus given away, he 
 can not resume. It is in the hands of his 
 subjects, and constitutes the body of their 
 liberties. The perfect sphere of a power 
 once absolute in his hands, has thus, as it 
 were, undergone, through a succession of 
 ages, a slow but constant disintegration, 
 and the golden sands thereof have as con- 
 stantly been gathered up and hoarded by 
 his subjects, in whose hands they have be- 
 come rights. Thus, according to the theory 
 of the British Government, rights are the 
 gifts of the crown to the people. Whatever 
 has not been thus given, is still in the hands 
 of the King — constitutes his prerogative. 
 
 The Government of the United States, 
 on the other hand, presents exactly the re- 
 verse of this picture. It is the creature of 
 the people, in whom all power is inherent 
 It can have no power which they have not 
 conferred upon it, either by express grant, 
 or by necessary implical^on. In order, 
 therefore, to determine its powers, we have 
 only to turn to the charter of its creation — 
 the Constitution of the United States. A 
 careful examination of that instrument will, 
 we think, satisfy any candid mind that all 
 the implied powers conferred upon the Gov- 
 ernment thereby must, in the first place, be 
 ancillary to some substantive power ex- 
 pressly granted ; and must, in the second 
 place, whenever it is not a mere matter 
 of form, become the subject of legisla- 
 tion before it can be constitutionally ex- 
 erted by any department This view is, in 
 our opinion, sustained by the language of 
 the Constitution, in which these implied 
 powers are supposed to be embraced. Thus, 
 it is declared tiiat "Congress shall have 
 power * * * to make all laws which 
 shall be necessary and proper for carrying 
 into execution the foregoing powers, and 
 all other powers vested by this Constitu- 
 tion in the Government of the United 
 States, or in any department thereof" 
 
 It is plain to our minds, from this lan- 
 guage, that as often as the Executive may 
 find his powers, as expressed in the Consti- 
 tution, about to fail of their legitimate pur- 
 poses for want of some ancillary power not 
 expressly conferred, instead of seizing upon 
 and exercising such necessary power with- 
 out an act of Congress authorizing him to 
 do so, that functionary must first ask Con- 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 59 
 
 gress for the required power. Otherwise, he 
 transgresses a plain provision of the Consti- 
 tution. For, if the power belonged to the 
 Executive prior to the passage of a law, 
 why was it provided that Congress should 
 have power to make all laws which shall be 
 necessary and proper for carrying into exe- 
 cution the foregoing powers, and all other 
 powers vested by this Constitution in the 
 Government of the United States, or in any 
 department thereof? If the President had 
 a right to exercise the power in the first in- 
 stance, why empower Congress to make the 
 law necessary and proper to enable him to 
 do so? 
 
 It was, therefore, plainly not the inten- 
 tion of the people that the President should 
 exercise any implied powers. 
 
 If we are right in this conclusion, then 
 how can any one concede a right in the 
 President, as ancillary to his executive 
 functions, to suspend the privilege of the 
 writ of habeas corpus f If the King of Eng- 
 land, all the vast residuum of power not 
 embodied in charters, petitions granted, and 
 acts of Parliament, nmst still look to an 
 omnipotent Parliament — himself constitu- 
 ting one equal and independent branch 
 thereof — ^for authority to enable him to sus- 
 pend the habeas corpus, or indemnify his of- 
 ficers when, by mere power, they have al- 
 ready done so, shall we admit that a greater 
 power over the priceless privilege of that 
 writ, resides in the hands of the republican 
 President of the United States ? And more 
 especially we do so, when no such power is 
 expressly gi'anted him in the Constitution ; 
 and when, by the fairest intendment, all im- 
 plied powers are denied him, until conferred 
 and made express by law ? 
 
 But the privilege of the ivrit of habeas cor- 
 pus is conferred by a law of the land. To 
 allow the President to suspend it would, 
 therefore, be to enable him to suspend a 
 law of the land ; in other words,- to legis- 
 late. But, as Executive, he must see that 
 the laws are faithfully executed ; and it is 
 not for him to select what laws shall, and 
 what laws shall not, be thus executed. All 
 laws must stand alike to him, until, by sus- 
 pension of one or more. Congress enables 
 him to neglect or disregard those that are 
 suspended, in his execution of the rest. 
 
 The Act of Congress, of March 3, 1863, 
 cited in our jjrevious argument on this sub- 
 ject, and the President's subsequent procla- 
 mation in conformity therewith, are equiva- 
 lent to a clear declaration that the power to 
 suspend the habeas corpus does not originally 
 reside with the Executive; and as the 
 President approved that act, and issued that 
 proclamation under it, we must hold that he 
 now accepts the power from Congress, and 
 does not claim it as properly pertaining to 
 bis function. If this were not the case, 
 then bis second proclamation was entirely 
 unnecessary — a mere work of supereroga- 
 
 tion. If the proclamation of September 
 24, 1862, had already suspended the privil- 
 ege of the writ of habeas corpus, what occa- 
 sion was there for the procl.imation of the 
 15th of September, 1863?— See 12 Stat, ai 
 Ltmje, App. pp. 6 and 7. 
 
 Jience, we hold it established, that the 
 President of the United States does not pos- 
 sess an original constitutional authority to 
 issue such a proclamation as that of Sep- 
 tember 24, 1862, in «o far as it relates to the 
 suspension of the privilege of the -writ of 
 habeas corpus; because, 
 
 1. Precedents, both English and Ameri- 
 can, are against — precedents both legislative 
 and judicial ; 
 
 2. The King of England never exercises 
 the power without going to Parliament for 
 an act of indemnity, while it may be well 
 questioned whether Congress has power to 
 indemnify the President; 
 
 3. The authority is not conferred upon 
 the President by express; and all implied 
 powers are, by the terms of the Constitution, 
 denied him ; 
 
 4. The habeas corpus exists by law. To 
 suspend it is a legislative function ; and 
 one plainly, therefore, not conferred upon 
 the President; and 
 
 5. Congress by the act of March 3, 1863 ; 
 and the President by his .subsequent Pro- 
 clamation, in pursuance thereof, in effect 
 negatives the Proclamation of September 
 24, 1802 ; and the assumption of authority 
 by which the same was originally issued. 
 
 But, arguing from the less to the greater — 
 from one of a species to all — we conclude, 
 that if the President has not authority to 
 suspend the privilege of the writ of habeas 
 corpus, until it is conferred upon him by 
 Congress, he can not have power to declare 
 martial laio. which we have seen is, for the 
 time being, the suspension of all law, both 
 Federal and State — municipal and constitu- 
 tional. 
 
 No lawyer will contend that the privilege 
 of the writ of habeas corpus is placed upon 
 higher ground by the Constitution, than 
 any other constitutional privilege. On the 
 contrary, it does not stand So high as any 
 other; for it is provided that it may be sus- 
 pended, " when in case of invasion or rebel- 
 lion, the public safely may require it." It 
 stands alone subject to this contingency of 
 suspension. All other privileges of the 
 Constitution stand high above it therefore: 
 and yet we have seen it stands above the 
 reach of Executive power until Congress in- 
 tervenes. All other constitutional privileges 
 stand above the reach even of Congress 
 itself. Among these vital elements of pop- 
 ular freedom are placed the right of every 
 citizen to be exempted from answering 
 " for a capital or otherwise infamous crime, 
 unless on presentment or indictment of a 
 grand jury, except in cases arising in the 
 land or naval forces," etc.; and that other 
 
60 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 great right parallel thereto, that " in all 
 criminal prosecutions, the accused shall en- 
 joy the right to a speedy and public trial 
 by an impartial jury of the State and dis- 
 trict wherein the crime shall have been 
 committed," etc. There is no provision for 
 a suspension, in any contingency, of these 
 sacred rights. The power that suspends 
 them may, without any further stretch, 
 overthrow every other constitutional and 
 legal right. It can be done by no power 
 derived from the Constitution ; for it strikes 
 down and destroys its most sacred provis- 
 ions. The people have never conferred any 
 such power. Congress has never assumed 
 to sanction it ; but have, on the contrary, 
 expressly provided a method by which the 
 public safety-may be secured, and the liberty 
 of the people preserved. The Act of March 
 3, 1863, already so frequently cited, after 
 providing for military arrests, and for the 
 suspension of the privilege of the writ of 
 habeas carpus, as to persons so arrested, pro- 
 vides also for their trial in a strictly consti- 
 tutional manner ; and, if they are not pre- 
 sented or indicted by the grand jury of the 
 proper district within twenty days after 
 they have been reported to the proper Cir- 
 cuit or District Court, or after they have 
 been imprisoned, provided such grand jury 
 shall, in the mean time, have closed its ses- 
 sion, for their discharge from such military 
 custody, either absolutely or conditionally, 
 according to the circumstances of each case. 
 Here is an express limit, then, to the suspen- 
 sion of the habeas corpus in case of such per- 
 sons as the defendant; and an express pro- 
 vision for their trial wholly incompatible, as 
 we conceive, with the jurisdiction of this 
 honorable Commission. 
 
 It is, therefore, not within the constitu- 
 tional authority of the President to declare 
 martial law, and thereby deprive the defend- 
 ant of his right to a constitutional trial by 
 jury, upon an indictment duly presented 
 by the proper grand jury. Congress has no 
 power, under any known or conceivable 
 state of affairs, to pass a valid act to deprive 
 him of such a trial. Any such power, if it 
 exist at all, as part of the resources of our 
 Government, rtiust result to it from a pres- 
 ent military necessity — a necessity in the 
 presence of which the functions of Congress 
 are suspended, and all the powers of civil 
 government at an end. Then, and then only, 
 when the laws are silenced by the din of 
 arms, can such a power be admitted upon 
 the public theater; and it may be well 
 questioned whether it is not to be regarded 
 as rather the successor than the instrument 
 of the Government whose constitutional 
 organs have disappeared from the scene — 
 whose constitutional functions have ceased. 
 
 And this naturally brings us to the sec- 
 ond proposition we are controverting, 
 namely : 
 
 2. Martial law is essential in the present 
 
 emergency to the preservation of the na- 
 tional life. 
 
 In the discussion of this proposition, wa 
 were informed that " it is one of the innate 
 principles of every existing thing, that it is 
 endowed with the right to meet and over- 
 come the force that seeks to destroy it." 
 And this is true. But how endowed? 
 
 The right of self-defense may legitimately 
 call into play all the forces of the self to be 
 defended. Has it any claim upon any more? 
 any right to extrinsic aid ? " Every exist- 
 ing thing " must exercise its right of self- 
 defense according to the principles of its 
 constitution; and it can not find one thing 
 to defend, or one capability of defense out- 
 side of its constitutional existence and 
 power. The analogy to which the prosecu- 
 tion thus appeals, is against the position in 
 support of w^ich it has been invoked. If 
 it shall be said that it is not an argument 
 from analogy ; but an argument from all, to 
 one of the same kind — from "every existing 
 thing" to the Government as one "existing 
 thing," then it proves nothing at all; for 
 the question recurs upon us : How is the 
 " existing thing" known as the Government 
 of the United States endowed with the 
 right to meet and overcome the force that 
 seeks to destroy it? Plainly by virtue of 
 its Constitution ; and only to the extent of 
 its Constitution. Whenever this constitu- 
 tional endowment ceases, there we are 
 bound, according to the argument, to hold 
 that its creator — the people — intended it 
 should cease to live. If it is not constitu- 
 tionally qualified to make good the battle 
 for its life, without an entire subversion and 
 destruction of its Constitution, then it must 
 die. It may be well questioned whether an 
 emergency requiring a declaration of mar- 
 tial law in all parts of the United States at 
 the same time, would not be equivalent to 
 the death of the Republic. Indeed, we can 
 not see how it could be otherwise. 
 
 While we hold these opinions, we con- 
 cede, on the other hand, that there may be 
 large sections and districts of the country 
 in such condition as to require the exercisa 
 of martial law. Wherever lawless force has 
 subverted all other law, there this "rude 
 substitute," known as martial law, may 
 properly enter, and control the relations of 
 persons to each other and to the Govern- 
 ment, until the reign of law and order re- 
 turns. Again, wherever lawless force con- 
 fronts lawful force in martial array, and the 
 contest of the two puts an end to the civil 
 administration, there martial law is called for 
 and may properly be declared; or rather, it 
 exists without any declaration at all. In 
 the camp of an army in the field, or near 
 the enemy, martial law may become neces- 
 sary for the preservation of discipline, and 
 thereby of the fidelity, and even of the ex. 
 istence of such army. But in all such cases, 
 the "existing thing to be preserved is more 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 61 
 
 immediately the army involved in the case 
 than the Government ; and it must he re- 
 membered that an army is always a mere 
 instrument of force — and to martial law as 
 the sum of organized force — for that end. 
 But, even then, it can only take such an 
 extreme step, when compelled to do so, by 
 necessity — a present controlling necessity. 
 
 Now upon this .point, it seems to us, that 
 the Judge Advocate lias already conceded 
 the question in dispute, for he says : '' The 
 Government stood on the brink of a preci- 
 pice. The conspirators were foiled by the mili- 
 ta-nj power of the Govei-mnmt. * * * Self- 
 preservation demanded that these men 
 should be seized by the military power. 
 Foreseeing the danger, martial law had been declared 
 by the President, and military courts given juris- 
 diction." Upon these sentences, which, we 
 think, fairly represent the Judge Advocate, 
 are we not entitled to say, that they do not 
 imply a present necessity for martial lawf He 
 informs us that " the Government stood," 
 t. f., at some indefinite past time, '"upon 
 the brink of a precipice." There is no pre- 
 tense that such is its present condition 
 owing to the defendant and his associates, 
 for he declares that " the conspirators were 
 foiled by the military authorities." How 
 bad they been foiled ? By being " seized by 
 the military power." From all which it is 
 plain that the necessity had passed, and 
 that this defendant might safely have been 
 delivered over for trial to the civil courts, 
 which have never yet been closed in this 
 district. But, if the necessity that led to 
 the organized declaration oi' martial law 
 did not exist at the commencement of this 
 trial, or has since ceased to exist, the juris- 
 diction of this Commission has ceased with 
 it. But it seems that the President's decla- 
 ration of martial law was prospective — to 
 meet a necessity foreseen, but at the time 
 non-existent. Now, granting the Presi- 
 dent's power in proper circumstances — in 
 the presence of an existing and controlling 
 necessity — to declare martial law, it surely 
 will not be contended that he may, without 
 such present necessity, fulmine such a Pro- 
 clamation in an anticipation of its future 
 existence. 
 
 In this view, then, the Proclamation was 
 premature — two years almost in advance of 
 the necessity in which alone it can find a 
 valid excuse for appearing at all. Of course, 
 it was not valid at its date, on the hypothe- 
 sis of a present necessity, and being invalid 
 then, it can not be revived for the present 
 occasion. 
 
 That the one sole ground upon which it 
 IS competent for a military commander to 
 declare martial law, is the existence of a 
 present and controlling military necessity, 
 we beg leave to offer some authorities : 
 
 ''The only principle which the law of 
 England tolerates what is called martial law, 
 is necessity; its introduction can be justified 
 
 only by necessity; and its continuance re- 
 quires precisely the same justification of 
 necessity ; and, if it survive the necessity 
 in which alone it rests, for a single minute, 
 it becomes instantly a mere exercise of law- 
 less violence. When foreign invasion or 
 civil war renders it impossible for courts of 
 law to sit, or to enforce the execution of 
 their judgments, it becomes necessary to 
 find some rude substitute for them, and to 
 employ for that purpose the military, which 
 is the only remaining force in the commun- 
 ity. While the laws are silenced by the 
 noise of arms, the rulers of the armed force 
 must punish, as equitably as they can, those 
 crimes which threaten their own safety; 
 but no longer — every moment beyond is 
 usurpation. As soon as the laws can act, 
 every other mode of punishing supposed 
 crimes is itself an enormous crime. If ar- 
 gument be not enough on this subject — if, 
 indeed, the mere statement be not evidence 
 of its own truth — I appeal to the highest 
 and most venerable authority known to our 
 law. ' Martial law,' says Sir Matt!^ew Hale, 
 ' is not a law, but something indulged rather 
 than allowed as a law. The necessity of 
 government, order, and discipline in an 
 army, is that only which can give it countt^ 
 nance. Necessiias enim, quod cogit, defendit.' — 
 Sir James Mackintosh's Miscellaneous Essays and 
 Speeches. Gary and Hart's edition, p. 540. 
 
 "Suppose," says LoW Brougham, "I were 
 ready to admit that on the pressure of a 
 great emergency, such as invasion or rebel- 
 lion, when there is no time for tlie slow and 
 cumbrous proceedings of the civil law, a 
 proclamation may justifiably be issued for 
 excluding the ordinary tribunals, and di- 
 recting that offenses should be tried by a 
 military court — such proceedings might be 
 justified by necessity; but it could resi) on 
 that alone. Created by necessity, necessity 
 must limit its continuance. It would be 
 the worst of all conceivable grievance — it 
 would be a calamity unspeakable — if the 
 whole law and Constitution of England 
 were suspended one hour longer than the 
 most imperious necessity demanded. * * 
 ****]; know that the proclamation 
 of martial law renders every man liable to 
 be treated as a soldier. But the instant the 
 necessity ceases, that instant the state of 
 soldiership ceases, that instant the rights, 
 with the relations of civil life, ought to be 
 restored. * * Only mark the dilemma 
 in which the Governor might have found 
 himself placed by his own acts. The only 
 justification of the covrt-^martial -vf&i the Pro- 
 clamation. Had that court sat at the mo- 
 ment of danger, there would have been 
 less ground of complaint against it. But it 
 did not assemble until the emergency had 
 ceased; and it then sat for eight-and-twenty 
 days. Suppose a necessity had existed at 
 the commencement of the trial, but that, in 
 the course of the eight-and-twenty days, it 
 
62 
 
 TKEASON TRIALS AT INDIANAPOLIS. 
 
 had ceased; suppose a necessity had existed 
 in the first week, who could predict that it 
 would not cease before the second ? If it 
 had ceased with the first week of the trial, 
 what would have been the situation of the 
 Governor ? The sitting of the court-martial 
 at all, could be j ustified only by the proclama- 
 tion of martial law ; yet it became the duty 
 of the Grovernor to revoke that proclama- 
 tion. Either, therefore, the court-martial 
 m\t3t be continued without any warrant or 
 color of law, or the proclamation of martial 
 law must be continued only to legalize the 
 prolonged existence of the court-martial. 
 If, at any moment before its proceedings 
 were brougbt to a close, the urgent pressure 
 had ceased, which alone justified their 
 being instituted, according to the assump- 
 tion I am making in favor of the court, and 
 for the Governor's sake; then to continue 
 martial law one hour longer would have been the 
 most grievous oppression, the plainest violation of 
 all law." — Speeches of Lord Brougham, vol. 1, 
 pp. 390, 391. 
 
 It is distinctly said by the Supreme Court 
 of the United States, in the case of Luther 
 vs. Borden, 7 How., pp. 46 and 47, that "no 
 more force can be used than is necessary 
 to accomplish the object,'' under a declara-. 
 tion of martial law. From this we infer 
 that the same rule must apply to the adop- 
 tion of force — martial law — in the first in- 
 stance. 
 
 "In time of war, by reason of the neces-' 
 sity of it, he" — the King — "useth absolute 
 power, so that his word is law;" and this is 
 martial laio — "the law of war." — Smith on the 
 EitfiHsh Republic, supra. And Hale says it 
 is ''indulged" on account "of the necessity," 
 el,?. It was never, the same author assures 
 us, "so much indulged as intended to be 
 executed, or exercised upon others" than 
 soldiers. "For others who were not en- 
 listed under the army had no color or rea- 
 son to be bound by military constitutions, 
 applicable only to the army whereof they 
 were not parts. But they were to be or- 
 dered and governed according to the laws 
 to which they were subject, though it were 
 a time of war. * * * 'ihe exercise of 
 nartial law, whereby any person should lose 
 his life, or member, or liberty, may not be 
 permitted in time of peace, when the 
 icing's courts are open for all persons to re- 
 ceive justice according to the laws of the 
 land. This is in substance declared by 
 the Petition of Right, 3 Oar. I, whereby 
 such commissions and martial law were re- 
 perJ.pil, and declared to be contrary to 
 law." — Hale's His. of the Common Law, pp. 
 5 } and 55. 
 
 Thus, it appears that a controlling mili- 
 tary necessity alone can afford a just ex- 
 cuse for a declaration of martial law — a ne- 
 cessity -that closes the civil courts of jus- 
 tice, or prevents the enforcement of their 
 judgments by the ordinary process. Mili- 
 
 tary necessity has been defined by the Gov- 
 ernment in General Orders, No. 100, 1863, 
 to "consist in the necessity of those meas- 
 ures which are indispensable for securing 
 the ends of the war," etc. 
 
 Has any such controlling necessity . ex- 
 isted in the present instance? Does it still 
 exist? Have the courts been closed and 
 the laws silenced by the din of arms? Are 
 they still closed? If not, then, we think, 
 we are authorized to say thatno necessity has 
 existed, or still exists, iovAeclaxingmartiallaw, 
 for suspending the constitutions and laws, 
 and proceeding against citizens charged with 
 high crimes and misdemeanors in a manner 
 never before resorted toin this country since 
 the iirst settlement at Jamejitown and Ply- 
 mouth ; and one wholly disused in England 
 since the abdication of James II. 
 
 It is the fact of the civil courts being 
 open, and justice having its ordinary course, 
 that distinguishes a state of peace in any 
 country from a state of war; and to this 
 efi'ect Lord Chief Justice Coke lays down 
 the law. He says: "When the courts of 
 justice are open, and the judges and minis- 
 ters of the same may by law protect men 
 from oppression and violence, and distri- 
 bute justice to all, it is said to be a time of 
 peace. So when by invasions, insurrections, 
 rebellions, etc., the peaceable course of 
 justice is disturbed and stopped, so as the 
 courts of justice be, as it were, shut up, 
 then it is said to be a time of war." — See 
 Ooke upon Littleton, 249, b. n. 1; and Viner's 
 Abridgment, tit Prarogative, {L. a. ) War. 
 
 In view of this great authority, is not 
 this a time of peace in Indiana, at least in 
 so far as the administration of justice is con- 
 cerned ? If it is a time of war, it can not ba 
 said, in that respect, to be made so by the 
 rebellion — by any act of the common en- 
 emy. The courts are open, and " the peace- 
 able course of justice is not disturbed and 
 stopped." But if it be a time of peace, if 
 ." the courts are open for all persons to receive 
 justice according to the laws of the land," 
 then according to Lord Hale, s^ipra, " the 
 exercise of martial law, whereby any person 
 should lose his life, or member, or liberty, 
 may not be permitted;" and this is in sub- 
 stance declared by the Petition of Eight, 
 3 Oar. I, whereby such commissions of 
 martial law were repealed, and declared to 
 be contrary to law. And accordingly was 
 that famous case of Edmond, Earl of Kent, 
 who being taken at Pomfort, 15 Edw. II, 
 the King and divers lords proceeded to 
 give sentence of death against him, as in 
 a kind of military court, by a summary 
 proceeding, which judgment was afterward, 
 in 1 Edio. Ill, reversed in Parliament.'' 
 * * "For martial lau', which is rather 
 indulged than allowed, and that only in 
 cases of necessity, in open war, is not per< 
 mitted in time of peace, when the ordinary 
 courts of justice are open." 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 63 
 
 But even if this were a time of " open 
 war,'' and " the ordinary courts" of law 
 "wei-o shut up," and the "peaceable course 
 of justice disturbed and stopped," so that 
 "the judges and ministers of the same 
 may" not, "by law, protect men from op- 
 pression and violence, and distribute jus- 
 tice to all," has the Government of the 
 United States taken the necessary steps to 
 the enforcement of martial law, according 
 to the usages of war? It ivill not be de- 
 nied that the Duke of Wellington under- 
 stood as well as any man of his times, the 
 duties and rights of a military commander 
 in this respect. His whole great life was 
 devoted to the profession of arms; and the 
 administering of governments according 
 to the rules and usages of war. Speak- 
 ing upon this subject, he says: "In fact 
 mar'dal law is no law at all. Therefore the 
 general who declares maHial laiu, and com- 
 mands it to be carried into execution, is 
 bound to lay down distinctly the rules, and 
 ri-,rii'a''Ons and fimi'te-according to which his 
 will i.? to be carried out." — Hansard, siipra. 
 
 Kow, if martial law has been declared, 
 and is in force in the whole United States, 
 as claimed by the Judge Advocate, we have 
 been able to find no order whereby the 
 President, Lieutenant General, or others 
 acting under either, have laid "down dis- 
 tinctly;" or, indeed, at all, "the ndes, regu- 
 lations and limits according to which his" 
 or their "will is to be carried out." If this 
 is not done, the declaration of marlinl law 
 must become a snare to entrap the un- 
 wary; and, indeed, the wary also; for 
 wheia the law resides in the breast of the 
 ruler until it alights upon its subject in the 
 form of a prosecution for a "capital or 
 otherwise infamous crime," the good have 
 no assurance of safety above the evil. All 
 are alike insecure. Such a system would 
 be worse than that of the Emperor Caligula 
 who ivrote his edicts in a small character, 
 s.vA hung them on high pillars the more 
 effectually to ensnare his subjects. 
 
 b. But that it may not be said that we 
 have overlooked the military character 
 and power of the President, we beg leave to 
 r.-sy. that this discussion has proceeded upon 
 a con.-^drration of his entire character; 
 and if this method of considering his pow- 
 ers, is not so clear as one founded on the 
 si'paration of his character and powers as 
 a civil magistrate, from those belonging to 
 him as the commander of the army and 
 navy, we have been led into it by the 
 method in which that functionary himself 
 has proceeded in the exercise of those 
 powers. Thu.?, the Proclamation relied 
 upon in this prosecution as a declaration of 
 martial law, was originally issued from the 
 office of the Secretary of State; and is 
 published with the acts of Congress, as an 
 ordinary civil document of the kind. Had 
 the President not given us evidence of the 
 
 fact, that he is in the habit of distinguish- 
 ing between his war powers and his civil 
 functions, this course might not have led 
 us to regard' the Proclamation in theJight 
 of a purely civil act. Bu.t it is well known 
 that he has issued several war orders 
 purely as such. Hence, we had a right to 
 look to the War ofHce, and not to that of 
 State, for so important an order as that 
 which declares all the provisions of the 
 Constitution and the laws suspended ; and 
 martial law — the President's mere will — sub- 
 stituted therefor. If the Proclamation is 
 not a war order resulting from a paramount 
 and controlling military necessity, then we 
 submit, it is not, and can not, possibly be a 
 declaration of martial law; and so we con- 
 tend, martial law has not been in force, and 
 can not be under it. 
 
 If it be regarded as a war order and in 
 force at its date, has it not been since re- 
 scinded by act of Congress? We think it 
 clearly has been, provided the legislative 
 function of the Government has not been 
 suspcndeel by its operation; and it would 
 seem from the President's recognition of Con- 
 gress, as not suspended, by delivering to 
 both Houses thereof sundry messages; by 
 approving their acts; and, in some in- 
 stances, by afterward acting upon laws 
 passed by them, that he still regards the 
 national legislature as still existing and in 
 full life and power. If it is, then it may 
 prescribe rules to govern the exercise of 
 his power as Commander-in-Chief of tho 
 Ainiy and Navy. It may say how far ho 
 sluill declare martial law; and where his 
 power, in that respect, shall cease. And 
 this it has done. 
 
 The power to suspend the writ of habeas 
 corpus Congress have already given him, if, 
 indeed, they have power to delegate that dis- 
 cretion — a proposition not involved in this 
 discussion; but one which we should other- 
 wise controvert upon authority. That sus- 
 pension, however, of the writ of habeas cor- 
 pus, while it provides for military arret ta 
 and imprisonments, is not coupled with 
 any power of militaiy trials. On the con- 
 trary, it is ex])resf:Iy provided that a trial, 
 in case of military imprisonments, shall 
 not be postponed indefinitely; but shall be 
 had at the next term of the proper Circuit 
 or District Court, provided (he grand jury 
 of the district find an indictment; and if 
 not, then that such court shall, upon proper 
 application made, discharge persons so im- 
 prisoned, either absolutely or conditionally. 
 Here, then, is a legal limit to the Presi- 
 dent's power even to imprison; and a clear 
 denial of his right to punish, by military 
 law, such offenders against the United 
 States. He approved tliis limitation tipon 
 his power, as asserted in the Proclamation 
 upon which alone it is contended this pros- 
 ecution can proceed. It, is therefore, 
 plainly rescinded, if it ever was valid. And 
 
64 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 we desire to observe fhat the law which 
 does this, expressly refers to the same 
 classes of persons declared subject to Tnar- 
 tial law by the Proclamation of September 
 24, 1862; and provides, as already said, for 
 their trial, or discharge from custody, by 
 the ordinary civil tribunals. — Act of Congress 
 of March 3, 1863—12 Slai. at large, p. 766, 
 gg 2, 3 ei seq., 
 
 We conclude, therefore, that martial law 
 does not now exist in the State of Indiana; 
 and, in fact, never has so existed ; because, 
 
 1. It was not competent for the President 
 to declare, or proclaim it ; 
 
 2. If it ever were proclaimed, the Proclar 
 mation has been rescinded by act of Con- 
 gress, with the full approval of the Presi- 
 dent. 
 
 And, as the existence of martial law is 
 conceded to be necessary to the jurisdiction 
 of this court, we conclude, therefore, that 
 this court has no jurisdiction of the defend- 
 ant upon the charges and specifications now 
 pending against him. 
 
 [Of questions of the second and third 
 classes, namely : 
 
 II. In relation of the liability of the de- 
 fendant to be tried before any court for 
 some of the ofl'enses alleged against him ; 
 
 III. In relation to the nature and suffi- 
 ciency of the evidence adduced against him 
 to support the charges. 
 
 These two classes of questions are here 
 considered together.] 
 
 Mr. M. M. Kay continued the argument, 
 as follows : 
 
 In approaching the evidence of the case, 
 we ai-e almost subdued and awed into si- 
 lence, by considering the perilous precipice 
 on which society, in the North-west, so 
 lately hung, if the testimony, in the plenti- 
 tude of its details, or even in its general 
 scope, is to be believed. But, when we con- 
 sider that much of that evidence is open to 
 criticism from the perfidious relations which 
 one or more of the witnesses bore to the 
 defendant, and especially that the evidence 
 is entirely ex parte, we are reassured that an 
 exalted duty rests still upon us, as well as 
 upon this Court, to analyze the testimony 
 and apply it to the case according to the 
 eternal and unchangeable rules of justice, of 
 truth, and of good faith; even though the 
 defendant may have fled from the perils of 
 his situation. And just hefe we beg to en- 
 ter our protest against the dangerous legal 
 heresy that the escape of a defendant dur- 
 ing trial and before judgment, carries with 
 it any inference of either law or fact preju- 
 dicial to his innocence. The most that can 
 be predicated of the fact is, that he has 
 waived his constitutional right to be present, 
 in person, for the remainder of the trial — 
 leaving the whole question of his guilt or 
 innocence, intact, before the Court to the 
 same extent as if he had chosen to remain 
 absent from Court in his prison. To this 
 
 extent, the cases cited from Seventh Ohio, 
 Fourteenth and Sixteenth Indiana go, and no 
 further. Such absence gives no additional 
 weight to the Government's testimony. 
 Such absence is no confession of guilt. 
 Such absence, whether by escape from cus- 
 tody, or by voluntary, absence in his prison, 
 only waives his right to be present at the 
 trial and at the rendition of judgment, in 
 the civil tribunals, but it waives no legiti- 
 mate matter of defense — ^no defects of law 
 or evidence in the case which the Grovern- 
 ment has made. We wiU be pardoned, 
 therefore, for dwelling with emphasis in 
 denial of this most unwarrantable assump- 
 tion. The most obvious and intelligible 
 manner of treating the charges against the 
 defendant and applying to them the evi- 
 dence, is to consider, first, the charges 
 and specifications based simply on the sup- 
 posed character of the secret organization 
 of which the defendant was a member, and 
 the evidence applicable to the same — and, 
 secondly, the charges and specifications 
 based on the extraneous acts and declara- 
 tions of defendant and the evidence in' 
 their support. To deny that the defendant 
 was a member of a secret political society 
 of the name charged, would be to ask the 
 Court to discredit- the only corroborated 
 testimony in the case. So it may be ac- 
 cepted as true, that there was such a society, 
 and that the defendant was a member, and 
 at the head of the organization in this 
 State. But we deny that the organization 
 was, by its framework, rituals, written and 
 unwritten work, a conspiracy, as the specifi- 
 cations assume. We also deny, in the light 
 of the evidence, that the order is intrin- 
 sically disloyal or treasonable, however 
 vicious and unjustifiable it may be on gen- 
 eral principles, in other respects, and how- 
 ever bad and ambitious men may pervert 
 and use it to surprise a misguided society 
 and betray into the great crime of conspi- 
 racy, insurrection and treason. If we can 
 feel justified in assuming tliis position, in 
 the light of the ex parte case made by the 
 Government, how much more fortified we 
 would feel, were we at liberty to draw on 
 the suppiosed support which rebutting testi- 
 mony might have furnished us? We feel 
 warranted, from tlie evidence, in saying 
 that the Order of the Sons of Liberty" did 
 not spring at once from chaosj nor from the 
 plastic hands of one man or council of 
 men, but, in its present framework and pro- 
 portions, it is the symmetrical edifice of three 
 •years of experiment, change, failure, and 
 elaborate reconstruction. Starting from the 
 rude home-made order of self-protection, 
 thence matured into the " Circle of Honor," 
 " Knights of the Golden Circle," thence into 
 the " American Knights," and finally into 
 +1^° "Sons of Liberty." Springing at first 
 
 the' 
 
 from real or fancied necessity, it was at first 
 a crude, immature, stupid, and in many re 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 66 
 
 Bpects a ridiculous imposture and a gross 
 political fraud on the credulity of unsophis- 
 ticated people. Still, in all, or any of these 
 stages and changes, we look in vain for the 
 criminal element, or cons{)iracy, or treason. 
 The members glided from one name into 
 another without any conscious change of 
 purpose or character, and without assuming 
 any new obligations, or realizing any shame 
 or criminality by virtue of the change. 
 Hence, the conclusion forces itself upon our 
 minds that there was neither conspiracy or 
 treason in the wriUen work of the order, per 
 se ; nor was there any treason or conspiracy 
 in the unwritten worli of the order, for the 
 mass of the men[ibers, without any new 
 light, passed from one stage of the order to 
 another, believing it only a political society. 
 So, if we are right in this, the first, second, 
 and third specifications of charge first, fall, 
 as they are based on the theory that the 
 organization is, per se, a conspiracy. In saying 
 this much, we do not forget that the evi- 
 dence shows much loose and unreliable 
 hearsay, in regard to the purposes of tho 
 order in certain localities; but then we re- 
 member at the same time, and this Court 
 will not fail to recollect, that all this testi- 
 mony comes from the thi'ee witnesses, viz. : 
 from Warren county, Illinois, Martin county, 
 Indian.1, and Eandolph county, Indiana, and 
 in the case of the latter two, from men who 
 only knew the "Knights of the Golden 
 Circle;" an organization without system, 
 tmiformity, community of creed, and 'with- 
 out national, state or county head to the 
 organization. The defendant can not be 
 held responsible for any light, trivial, loose 
 or wanton utterances of irresponsible, discon- 
 nected associations, whose names are not 
 even mentioned in any of the charges. We 
 do not feel called upon, as counsel for the 
 defendant, to apologize for these or any 
 other secret political organizations, and es- 
 pecially in revolutionary times like these. 
 But we do feel called upon as a mark of 
 respect to this Court, and in the interest of 
 a common country, to place on record our 
 unqualified reprobation of all secret politi- 
 cal orders, by whatever name or party aflSli- 
 ation, as, at best, but pestilential hotbeds 
 for the most incendiary political heresies, 
 leading to the worst fruits of Jacobinism. 
 It is in vain for the purest and wisest pa- 
 triot to offer words of truth and patriotism 
 to the people, if they conflict with the de- 
 crees of a secret, irresponsible, bloody tribu- 
 nal Through the machinery of secret or- 
 ganizations, the worthless .ind irresponsible 
 place-hunters come to the top, get the 
 popular ear, and have more weight and 
 influence in directing tho popular mind, 
 than all the lessons of history, or the ap- 
 peals of our most learned, independent, 
 unselfish and trusted public men. Who, 
 then, that has had the sagacity to. detect 
 the baleful influence of secret societies in 
 
 the whole political atmosphere for two 
 years past, can find any apology or palliation 
 for them? We ofi'er none. It would be 
 too much labor to go into the evidence in 
 detail, so wo can but classify it, and be con- 
 tent with very general observations in its 
 application. If we have not erred in the 
 foregoing speculations in regard to the char- 
 acter of the order, then the specifications, 
 Nos. 1, 2 and 3, of charge first, are in no 
 wise proved. Por we may observe that it is 
 not competent to fix the character of the 
 order as treasonable in Indiana, by produc- 
 ing an obligation of a highly objectionable 
 character, through a member of a diflerent 
 order, in a particular locality, in the State of 
 Illinois, when the printed ritual of the 
 whole order in Indiana is in evidence con- 
 taining no such obligations. This remark 
 applies to Wm. Clayton, a witness from 
 Warren county, Illii^pis, and it applies with 
 equal force to the verbal testimony of the 
 witnesses from Martin and Eandolph coun- 
 ties, in this State, whose experience relates 
 to irregular organizations anterior to the 
 existence of the "Sons of Liberty," and 
 revelations have no warrant in the ritual of 
 that order, in this State. How can Dodd be 
 held responsible for the insane ravings of 
 persons with whom he had no connection ? 
 For it will be steadily borne in mind, that, 
 before the defendant can be chargeable with 
 the dictations and acts of others in this or 
 any other order, tho evidence must estab- 
 lish the essential preliminary fact that the 
 order is, per se, a conspiracy, for it travels on 
 the ground that they are co-oonspiratore. 
 We leave the fourth specification of charge 
 first, as falling within class of charges based 
 on positive independent acts, and pass to 
 charge second. The four specifications of 
 charge second, charge treason, if any thing. 
 The task of disposing of the whole of thi» 
 charge is easy. 
 
 By article 3d, of section 3d, Constitution 
 of United States, it is provided that "No 
 person shall be convicted of treason unless 
 on the testimony of two witnesses to the 
 same overt act." We submit, •with entire 
 confidence, that no overt act has been 
 proved by even one witness. It is true, the 
 witness, Stidger, talks vaguely about the 
 " order " having patronized the Greek fire 
 machine, and about the burning of Govern- 
 ment stores ; all of which was mere hearsay, 
 coming from Bowles, which is not admissi- 
 ble against defendant, except on the suppo- 
 sition that the order is a conspiracy — and 
 even then it would only have the force of 
 one witness, if that. 
 
 The same logic disposes of tho same wit- 
 ness' testimony in regard to the starting of 
 couriers into Kentucky to give notfcc of the 
 ci^lmination of the scheme ; but the cour- 
 iers were never started. All the specifica- 
 tions of charge third, wo suppose, fail for 
 want of proof We do not remember any 
 
66 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 evidence on the subject of arming and in- 
 citing the people to insurrection, except 
 what tends to support the fourth specifica- 
 tion of charge first, involving a conspiracy 
 to put on foot an insurrection. The evi- 
 dence in regard to the arms bought in New 
 York, and shipped to one Parsons, does not 
 connect the defendant in any degree with 
 that transaction. The evidence of all the 
 witnesses touching the arming of the order 
 in very unsatisfactory and inconclusive, even 
 in the irregular local organizations. And 
 as to supposed insurrectionary character of 
 the defendant's official addresses and casual 
 speeches, we have only to suggest that there 
 is not now, never was, and in the nature of 
 things never can be, any test or standard of 
 legitimate debate. Where the press and 
 speech are as free as they have been in this 
 country in the past, more or less abuse and 
 licentiousness must exist, and must be tole- 
 rated. And it is respectfully submitted as 
 a sound maxim in statesmanship, and a safe 
 guide for legislators and courts, that great 
 errors and abuses in this respect may be 
 safely tolerated, if reason is left free to com- 
 bat them, why shall the defendant be ar- 
 raigned for insurrectionary appeals, while 
 the carnival of licentious utterance goes on 
 all around us? Power, in all ages, has been 
 jealous of a free press. While on this sub- 
 ject, we conceive that we can do our client 
 and country no better service than to com- 
 mend to the attention of the Court an elo- 
 quent passage from the speech of the groat 
 English orator, Sheridan, on the liberty of 
 the press. 
 
 Mr. Sheridan says: '■ Give me but the lib- 
 erty of the press, and I will give the Minis- 
 ter a venal House of Peers — ^I will give him 
 a corrupt and servile House of Commons — 
 I will give him full swing of the patron- 
 age of office^I will give him the whole 
 host of ministerial influence — I will give 
 him all the power that place can confer up- 
 on him to purchase submission, and over- 
 awe resistance; and yet, armed with the 
 liberty of the press, I will go forth to meet 
 him undismayed ; I will attack the mighty 
 fabric he has reared with that mightier en- 
 gine ; I will shake down from its hight, cor- 
 ruption, and lay it beneath the ruins of the 
 abuses it was meant to shelter." 
 
 There are five specifications under charge 
 fourth, for " disloyal practices ; " a, charge 
 suggestive of boundless elasticity, and an 
 illimitable field of inquiry. What is a dis- 
 loyal practice ? When we say that no law 
 has defined it, no court has expounded it, 
 and no precedent has illustrated it, we have 
 shown the dangerous character of a convic- 
 tion under that charge. 
 
 As to the two specifications under charge 
 fifth, for a violation of the laws of war, is it 
 not enough for us to say, that the defend- 
 ant was not in the military or naval service 
 of the United States, and that if the rules 
 
 and articles of war are meant, he owes no 
 duty to themj and that if the international 
 common law of war is meant, then it can 
 only relate to the rights and duties of bel- 
 ligerent powers, and not to the rights and 
 duties of government and citizen. We 
 have now traversed over all the charges, and 
 recur to the fourth specification of charge 
 first. If the evidence establishes any spe- 
 cification, it is the one under consideration. 
 This charge rests, not upon the supposed 
 treasonable character of the order, but up- 
 on extrinsic testimony of particular facts, 
 and those facts consisting of admissions and 
 communications made by defendant to a 
 Government Detective by the name of 
 Stidger. If this witness' testimony i§ to be 
 taken without any deduction, it would con- 
 vict the defendant of a willingness to commit 
 murder, as well as treason. The witness 
 appears to be an intelligent and accom- 
 plished detective, and all ihe more danger- 
 ous on that account, unless strictly honest 
 and impartial. A professional detective is 
 quickened by the same instincts, and stim- 
 ulated by the same motives, that influence 
 even the better class of practicing lawyers 
 in their zealous pursuit of the interest of a 
 client, ^uch a detective starts out with 
 hope, pride and professional ambition, all 
 involved in his success in making a case 
 against some one. His zeal leads him into 
 every species of sham intrigue ; his strategy 
 leads into the confidence of the ambitious, 
 the vain, the visionary, or the corrupt, and 
 he sedulously cultivates the germ of every 
 prurient weakness to folly, ambition or 
 crime, so that in the end he has deliberately 
 manufactured half the circumstances of 
 guilt, and stands before God a joint criminal 
 with the accused — standing with a guilt of 
 twofold enormity — the guilt of treachery 
 and dishonor in betraying the confidence of 
 his dupe, and the guilt of an accomplice in 
 the crime itself Or, to say the least of it, 
 in every case he stands dishonored in the 
 eyes of those he has betrayed, and when 
 honor is lost, truth holds precarious sway. 
 Honor and truth are the Siamese Twins ; if 
 you sever the. ligament that binds them, 
 they sicken and die together. 
 
 The .scheme of murder and insurrection 
 developed in that evidence is most atrocious 
 and revolting, and whatever visionary 
 schemes of ambition and adventure may 
 have entered into the calculations of the de- 
 fendant, we can not believe that murder 
 was one of them. And although it consti- 
 tutes no part of the charges on v,-hich he is 
 tried, and although a conspiracy in aid of 
 the rebellion is a crime of sufficiently dark 
 a hue, we would fain vindicate bis charac- 
 ter from the infamy of a foul murder — a 
 deed so foreign and repulsive to every ele- 
 ment of his nature. But the evidence to 
 support this degrading accusation is sup- 
 plied by the same detective, and by the ab- 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 67 
 
 nipt termination of the trial, has denied us 
 evon the chance to disprove what is said to 
 have taken place in open council in reference 
 to the assassination of Coffin. And, indeed, 
 the Court will be bound to receive all the 
 evidence of the witness Stidger, with all 
 that hesitation and doubt to which the 
 treacherous relationswhichthe witness bore 
 to the defendant, expose it, and subject to 
 the force of the fact of the abrupt and un- 
 expected termination of the trial, operating 
 with exclusive detriment to the defense. If 
 the Court find the defendant guilty on this 
 specification, it will be by giving full force 
 and credit to the witness Stidger, and by 
 taking u, different view from ua as to the 
 true standard that measures the character 
 of a professional detective, and weighs the 
 credibility of his testimony. If we have 
 not done injustice to the position of that 
 class of witnesses, he stands not only dis- 
 honored, as taking all the obligations and 
 vows of secrecy of the order, with the de- 
 liberate and premeditated purpose to violate 
 these oaths, and to betray his comrades, but 
 he stands, by virtue of his own machina- 
 tions, progressing step by step to the clear 
 and confessed relations of an accomplice, 
 morally and legally. The rule of law upon 
 the subject is, that while the testimony of 
 an accomplice is to be received, yet it should 
 be received with great caution, and when 
 received, is entitled to less weight than the 
 testimony of other witnesses. — See 2 Ind,. 
 652; 4 Ind., 12S ; 7 Ind, 326; 9 Ind., 106. 
 
 AV'itli much solicitude and anxiety, we 
 commit the cause of the defendant, in his 
 absence, to the learning, to the patriotism, 
 to the honor, arid to the justice of this 
 Court. To the learning, because the great 
 legal question of jurisdiction, lying at the 
 threshold of your inquiries, is stilF open; 
 to your patriotism, because the highest in- 
 terests of public liberty, and the victory of 
 reason over passion, are in ,your hands ; to 
 your honor, because the graces of magna- 
 nimity and mercy should follow the weak, 
 the unfortunate, and even the guilty, and 
 plead against the calamities of conviction ; 
 to your justice, because she sits blind to the 
 scenes of our national drama, unseduced bj' 
 the blandishments of power, and deaf to 
 the cries of resentment and passion. 
 M. M. RAY, 
 J. W. GORDON, 
 Counsel for H. H. Dodd. 
 
 EEPLY OF THE JUDGE ADVOCATE. 
 
 Gentlemen of the Commission : 
 
 I do not propose to go into an extended 
 argument upon the question of jurisdic- 
 tion. The Commission having already passed 
 uponthat question, it would beavainand use- 
 less labor for me to collate and review all 
 the decisions and authorities that might be 
 brought to bear upon that question. It is 
 not necessary to occupy the time of the 
 
 Commission in making an argument simply 
 to meet what the gentlemen may say upon 
 their side, for the arguments made by the 
 counsel here, are not those of the accused, 
 and are received by the Commission merely 
 as a matter of courtesy, and, therefore, do 
 not force me to take issue upon what they 
 personally may place before you. I, how- 
 ever, desire to submit, very briefly, one or 
 two points, and then leave the case with you. 
 
 On the question of jurisdiction, volumes 
 might be written, and digests innumerable 
 compiled. The question of martial law 
 has, for centuries past, been a subject of 
 thoughtful consideration by the ablest 
 jurists; what it was, and what were the 
 necessities that justified it. Martial law is 
 born of necessity, and it is but a matter of 
 opinion and judgment as to when that ne- 
 cessity exists. Ue who is to judge of that 
 necessity, is the chief executive power of 
 any government, or the subordinate milita- 
 ry officers acting under the orders of that 
 executive. 
 
 All the argument in the case resolves 
 itself into one proposition, namely : that 
 martial law can only exist, and does only 
 exist, in times of great, ccntrolJing, over- 
 powering necessity. Martial law, as has 
 been well said, is a setting aside of the 
 whole maohinery;of the civil law. The civil 
 law must go down before it, and nothinj,' 
 but a great and all-powerful necessity should 
 be permitted to take from the people of any 
 land the right,'!, privileges and immunities 
 of the civil law. And who shall be the 
 judge of that necessity ? It can only bi^ 
 the Chief Executive who wields the mili- 
 tary power of any government. Congress 
 can not be the judge. Our legislative body, 
 Congress, usually convenes but once a year, 
 not oftener than twice a year, and, in times 
 of foreign war, invasion or rebellion, shall 
 we wait the expiration of that year for the 
 declaration of martial law, to preserve the 
 life of the Government? Such a course 
 would be suicidal and destructive of the 
 Government itself The statement of the 
 proposition shows its absurdity. If the ne- 
 cessity for action should arise between the 
 sessions of the legislative body, where is the 
 power that must step in to save the Govern- 
 ment before that lefgislative body meets ? 
 The circumstances of the times necessitate 
 martial law, and wheil this necessity cxist.s, 
 martial law must be proclaimed, and the 
 civil law, for the time being, remains silent, 
 to be revived in its native force when the 
 necessity for proclaiming martial law shall 
 have passed away. The civil law sleeps ; it 
 is not dead. 
 
 In this case the President has not said 
 that martial law shallhe proclaimed through 
 the length and breadth of the land. On 
 this point the counsel for the accused have 
 gone astray. The President has not de- 
 clared that the whole machinery of the civil 
 
68 
 
 TKEASON TRIALS AT INDIANAPOLIS. 
 
 law shall remain dormant, that there shall 
 not be any punishment of civil offenses in 
 our courts. But he has said, that when men 
 step in and undertake to assist this great 
 rebellion, by acting in concert with these 
 armed rebels against the Government, thus 
 threatening the life of the nation, that they 
 then clothe themselves with a certain mili- 
 tary garb that brings them within military 
 law, and that the military law shall act upon 
 them, and thus far martial law is proclaimed; 
 no further. When men, for instanco, here 
 in the State of Indiana, undertake to bring 
 about an insurrection, undertake to release 
 and arm these hordes of rebel prisoners, 
 here in our midst, they then become part 
 and parcel of that rebel army, and make 
 themselves subject to military law. They 
 are as soldiers for the time being, and, like 
 them, subject to military regulations. Take 
 the case as it exists. We are engaged in a 
 war ; and the ways of war are not the ways 
 of peace. That which may be lawful in 
 times of war is unlawful in times of peace. 
 Let me illustrate. Would it be lawful in 
 times of peace for the military commander 
 of this district to go out to the ground on 
 which Camp Morton now stands, and take 
 possession of five hundred acres of land on 
 which to build structures, in which to con- 
 fine these rebel soldiers? Would it, in times 
 of peace, be lawful for him to seize and take 
 possession of a house to occupy as his head- 
 quarters ? Would it be lawful for him to 
 go upon another man's land, and camp his 
 troops, and seize his corn and provisions ? 
 Would not each single act be a trespass, for 
 which he would be liable to prosecution ? 
 But it is no crime under th^ circumstances 
 supposed, that is in times of war. And it is 
 no higher assertion of military authority to 
 take possession of the person, than it would 
 be to seize that person's property for mili- 
 tary service, if the safety of the Government 
 demanded it. All these things come as a 
 concomitant to a state of war. Again, in 
 timesof peace, do we recognize or know of any 
 such officer as the Commanding General of a 
 Department? Take, for instance, the Com- 
 manding General of this Department, Gen- 
 eral Haoker, who commands the States of 
 Ohio, Illinois, Indiana, and Michigan— not 
 one of which Slates is in rebellion; what are 
 his powers and duties? Is he simply a 
 man of straw? Is his position recognized 
 by the civil law ? And yet will any man 
 claim that he can be prosecuted for any acts 
 done in the exercise of his authority, not 
 one of which is recognized by the civil law, 
 and but for the condition of war, would be 
 without legal sanction. The position of 
 General Hovey is another illustration. At 
 present he exercises in his military super- 
 vision as much power over the people of the 
 State as the Governor himself, and yet in 
 times of peace, his office has no existence. 
 If peace were declared to-day, he would be 
 
 as powerless as any private citizen in the 
 land. It is because the .foundations of so- 
 ciety are broken up, that we are forced to 
 recognize the necessities that grow out of 
 this new order of things. The state of 
 things now existing in this country, has 
 never before been exactly paralleled in any 
 age of the world. The whole country has 
 been taken possession of by military force. 
 Why? Because, and only because of its 
 necessity. To preserve even the form of 
 government, it was necessary that the whole 
 force and energy of the nation should be 
 employed against those who were arraying 
 themselves against it. The ■s^hole nation, 
 each man individually, and all collectively, 
 constituted a physical power that might be 
 used to preserve tlie nation against its ene- 
 mies. The civil rights of the citizen became 
 dead for the time being, if necessary to pre- 
 serve the life of the nation. 
 
 The counsel for the accused, in quoting 
 my arguments respecting the jurisdiction 
 of this Commission, evidently misconstrued 
 my remarks as to each existing thing exer- 
 cising its rights of self-defense according to 
 the law of its organization. I am, for in- 
 stance, organized and created as a single, in- 
 dividual thing, without weapons or means 
 of defense, save my hands, and if my life 
 were threatened by an antagonist, 1 must 
 not, according to the theory of the gentle- 
 man, take up a club or any weapon to de- 
 fend that life, or call in the aid of my 
 friend, but I must defend it according to 
 the law of my organization, without any ex- 
 trinsic aid. Is not the fallacy of the position 
 apparent? Self-defense, self-preservation 
 inevitably carries with it every means which 
 that power can bring to assist in that self-de- 
 fense and self-preservation. Just as defensive 
 warmay becomeoflt'ensive-defensive war. For 
 the sake of saving yourself from invasion, 
 you may invade the enemy, and yet it is but 
 a defensive war. Each individual — every ex- 
 isting unity or community — is endowed, by 
 the very laws of its creation, with the power 
 and the right to defend its own existence. 
 That right is not lessened when individuals 
 join together and make communities. A 
 man who has that right of self-protection 
 does not, by joining himself to fifty or a hun- 
 dred others, make his individual richt less 
 sacred; and when communities combine to 
 form a government, the life of that govern- 
 ment is at least as sacred as the life of an 
 individual. In defending the life of the 
 nation and its constitution, necessity be- 
 comes the sole law. Whatever is necessary 
 to be done, the Government is not only 
 authorized, but is in duty bound to do. I 
 accept it as a maxim that the only criterion 
 for the exercise of martial law is its neces- 
 sity. Whenever an officer, or the Chief 
 Executive of this Government, acts with- 
 out that_ necessity, he conlmits an act 
 unauthorized; but bo long as he keeps 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 within that necessity, the law and the 
 people — the givers of all power — will indorse 
 him. 
 
 It was not my intention to refer to the 
 exigences that might necessitate martial law, 
 or to the distinctions between martial law 
 and military law — a distinction often disre- 
 garded — but I beg to submit the following 
 from the iVcui American Cyclopedia which 
 very clearly states the distinction: 
 
 "Martial law has often been confounded 
 with military law, but the two are very dif- 
 ferent. Military law, with us, consists of 
 the 'Rules and Articles of War,' and other 
 statutory provisions for the government of 
 military persons, to which may be added 
 the unwritten or common law of the 'usage 
 and custom of military service.' It exists 
 equally in peace and in war, and is as fixed 
 and definite in its provisions as the admi- 
 ralty, ecclesiastical, or any other branch of 
 law, and is equally, with them, a part of the 
 general law of the land. But in the words 
 of Chancellor Kent, ' martial law is quite a 
 distinct thing.' It exists only in the time 
 of war, and originates in military necessity. 
 It derives no authority from the civil law, 
 (using the term in its more general sense,) 
 nor assistance from the civil tribunals, for 
 it overrules, suspends, and replaces both. It 
 is, from its very nature, an arbitrary power, 
 and extends to all the inhabitants (whether 
 civil or military) of the district where it is 
 in force. It has been used in all countries, 
 and by all governments, and it is as neces- 
 sary to the sovereignity of a, State as the 
 power to declare and make war. The right 
 to declare, apply and enforce martial law, is 
 one of the sovereign powers, and resides in 
 the governing authority of the State, and it 
 depends on the Constitution of the State 
 whether restrictions and rules are to be 
 adopted for its application, or whether it is 
 to be exercised according to the exigences 
 which called it into existence. But even 
 when left unrestricted by constitutional or 
 statutory law, like the power of a civil court 
 to punish contempts, it must be exercised 
 with due moderation and justice; and, as a 
 permanent necessity alone can call it into 
 existence, so must its exercise be limited to 
 such times and places as this necessity may 
 require ; and, moreover, it must be governed 
 by the rules of general public law, as applied 
 to a state of war. It, therefore, can not be 
 despotically or arbitrarily exercised any 
 more than any other belligerent right can 
 be so exercised." (^Cushivgs Opinions of U. 
 S. Attorney General, vol. 8, p. 365 ; Wolners 
 Jus Gentium, sec. 865; Grotius De Jvs Bel, B. 
 hb. 3, cap. 8; Kluber Dicit des Gens, sec 255; 
 OBriens American Military Law, p. 23; Hal- 
 leek's International Lata and Laws of War, p. 
 303.) 
 
 It is one of the concomitants of an army, 
 as the counsel for the accused well remark- 
 ed, that wherever that army goes, it carries 
 
 with it martial law; and just to the extent 
 that we here are under the rule of an army, 
 just to that extent are wo subject to the 
 rules of martial law, without any proclama- 
 tion of the President on the subject. And 
 further, martial huv, in my judgment, is not 
 a thing to be authorized by Congress. The 
 decision of our ablest legal authorities may 
 be shown to that eflect. It is an Executive 
 power, only to be exercised under circum- 
 stances of all-controlling necessity, by the 
 Commander-in-Chief, or the executive power 
 of the Government. It is one of the preroga- 
 tives of the Executive, and it can only be 
 used by him and his subordinates — his lieu- 
 tenants. 
 
 If, for instance, the commanding officer 
 of Kentucky, acting under the authority 
 of the Chief Executive, the President, con- 
 ceives there is a necessity for martial law 
 to be declared in his district, he can de- 
 clare it at his will ; but his superior will 
 hold him responsible that he did not de- 
 clare martial law till there was a necessity 
 for it. So with General Hovcy and his or- 
 ders while commanding in this District. 
 
 Martial law has, during the war, been de- 
 clared by almost every commanding Gen- 
 eral in the field ; and the power and the 
 right to do so, have not, to my knowledge, 
 ever been questioned in any department, 
 and no prosecution has been known ibr the 
 unlawful exercise of that power by any 
 military commanden 
 
 When General Ilovey convened this Com- 
 mission within the limits of his jurisdiction, 
 and committed the case of Harrison II. 
 Dodd, the accused, to this Commission, with 
 orders to try it, he, by virtue of his mili- 
 tary power, acting under the authority that 
 was given to him by the Commander-in- 
 Chief of the army, namely, the President 
 of the United States, he suspended the 
 civil law, and put in operation the military 
 or martial law. The oflScers of this Com- 
 mission could not, under the oath that they 
 have taken, refuse to obey the orders of the 
 officer placed over them. They could not 
 stop and go back of that order, and refuse 
 to hear and determine this case. 
 
 Ben^t, who is our best authority upon mil- 
 itary law, says, p. 13: "In the United 
 States, martial law is a thing not mentioned 
 by name, and scarcely as much as hinted 
 at, in the Constitution and statutes. .The 
 former declares that 'the privilege of the 
 writ of habeas corpus shall not be suspend- 
 ed unless, when, in cases of rebellion or in- 
 vasion, the public safety may require it' " 
 
 Upon that point much might be said, in 
 connection with the condition of Indiana, 
 as to whether the public safety did require 
 the Buspension of habeas corpus, and the 
 declaration of martial law. I did not sup- 
 pose there were two opinions on that ques- 
 tion. V 
 
 Benit continues: "The opinion is ex- 
 
70 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 pressed by the commentators on the Con- 
 stitution, that the right to suspend the writ 
 of habeas corpus, and also that of judging 
 when the exigency has arisen, belong ex- 
 clusively to Congress. But the rebellion or 
 invasion may demandsuch suspension during 
 areoess of the national legislature, and, by the 
 lav?s of war, the executive has then the right 
 to assume the power for the public safety. 
 The relation between the proclamation of 
 martial law and the suspension of the writ 
 of habeas corpus, is extremely intimate; al- 
 though it is but one of its consequences, and 
 by no means the largest or gravest, since, 
 according to every definition of martial law, 
 it suspends, for the time being, all the laws of 
 the land, and substitutes in their place no 
 law ; that is, the mere will of the military 
 commander." Here is another sentence in 
 which much, very much, is included. I cite 
 it, that it may be reflected upon : 
 
 " It must be observed, however, that many of- 
 fenses which in time of peace are civil offenses, 
 become in time of war military offenses, and are 
 to be tried by a military tribunal, even in places 
 where civil tribunals exist." p. 16. 
 
 1 will only add a word further in respect 
 to the necessity that existed for martial 
 law to step in at the time it did, here in the 
 State of Indiana. It may be asked, did 
 the necessity exist ? The proof shows that 
 there existed in this State an organization 
 numbering from fifty to eighty thousand 
 men, military in its character, and, about 
 two-thirds armed, ready at any time to be 
 called out to obey the orders of their su- 
 periors, regardless of the law and authori- 
 ties of the United States. That organiza- 
 tion was armed and drilled with the avowed 
 purpose of assisting the enemy as against 
 the Government. This organization was 
 ready at any moment to be called into the 
 field, to release in our midst large numbers 
 of rebel prisoners, feebly guarded. Did 
 not such a state of things warrant the in- 
 terference of the military power to stop this 
 insurrection, and the possible bloodshed 
 and anarchy that might have ensued here 
 at our very door? 
 
 I now pass for a moment to the fact of 
 the absence of the prisoner. While I ad- 
 mit that his absence should not prejudice 
 him in the consideration of the proof, nor 
 should it be taken, perhaps, as any confes- 
 sion of guilt. When, however, the counsel 
 attempt to argue on the force of the testi- 
 mony that might have been introduced by 
 the defense, they touch upon ground which 
 they have no right to approach. This Com- 
 mission does not know that any more proof 
 could come before it. They must consider 
 the evidence they have heard, and only 
 that. The accused, by his absence, as I 
 have before said, waves his right to any re- 
 butting testimony, and says, in fact, " There 
 is no further defense to be ofl'ered in this 
 pase." If nothing is coafessed against him, 
 
 nothing certainly can be said for him by 
 his act of escape. 
 
 The counsel who last addressed the Com- 
 mission, contends that the organization 
 known as the Order of American Knights, 
 or the Order of the Sons of Liberty, is not 
 a conspiracy. Then what is a conspiracy ? 
 As defined by law writers, it is a combina- 
 tion or agreement between two or more 
 persons to do an illegal act, or to do a legal 
 act in an' illegal manner. If we take this 
 association and try it by this rule, what do 
 we find ? A body of men who Were bound 
 together by the most binding of oaths — the 
 oath itself an unlawful thing, and the very 
 organization of the society being unlawful 
 in and of itself — ^recognizing military as 
 well as civil officers unknown to, and in 
 violation of, the Constitution and laws of 
 the land. And for what purpose does the 
 proof show this organization to have ex- 
 isted ? For the express pui-pose of defeat- 
 ing and overthrowing the Goverriment, 
 while engaged in war against its enemies, 
 for the purpose of aiding those enemies in 
 their rebellion against the duly constituted 
 authorities of thfe land. Other witnesses 
 swear it was for the additional purpose of 
 resisting the draft ; but every witness testi- 
 fies directly to the fact, that the express pur- 
 pose of the organization was to resist fhe Gov- 
 ernment in its efforts to suppress the exists 
 ing rebellion. Is this lawful, or unlawful ? 
 Is this conspiracy, or is it not? It seems to 
 me that one moment's consideration of the 
 principles upon which this society was or- 
 ganized, would determine the question be- 
 yond dispute. It needs no argument. I 
 refer the Commission to the proof 
 
 The counsel say further that while this 
 organization was vicious, it was not treason- 
 able. Why, my God, what is treason? 
 What does a traitor do but try to destroy 
 his Government? Is it treason to organ- 
 ize a society, the members of which take a 
 solemn oath that when the enemies of their 
 Grovernment come over into their State, they 
 will receive them as friends, shake hands 
 with them, and, as opportunities offer, ^ive 
 them information from time to time of the 
 movements of the Government forces ? Is 
 it treason to assist in turning loose upon 
 us the tigers that we have imprisoned here 
 in our very midst, to arm those very men 
 who are our avowed enemies, and the en- 
 emies of our Government? Is it trea- 
 son to endeavor to organiie those rebel 
 prisoners into a formidable military body 
 to assist in the general rebellion against 
 the Government ? Is it treason to send 
 messengers to the enemies of the Govern- 
 ment, to tell them of the number of frienda 
 they have here in a loyal State, and assure 
 them of sympathy and support? I can not 
 conceive how a doubt for one moment can 
 exist as to the treasonable nature of these 
 designs. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 71 
 
 I wish to say one word with respect to the 
 testimony of the witness Stidger. No mem- 
 ber of this Commission, and I tliink I may say 
 that no person sat in this hall, who did not 
 believe that the witness testified to the 
 truth. If he had not testified to the trutli, 
 he was a witness who could more easily have 
 been convicted of falsehood than any one 
 brought upon the stand. There was not a 
 fact to which he testified, for which he did not 
 give the place, date and person. When a wit- 
 ness does that, every lawyer knows that you 
 can trace up that man's history in his cross- 
 examination. If Captain Jones did not send 
 him on a certain day to a certain person, to 
 have a certain conversation, nothing would 
 be easier than for Captain Jones to be called 
 upon the stand to testify to the fact. If the 
 witness Stidger had not met Bowles at the 
 time and place he mentions, and have the 
 conversation narrated, it would be easy to 
 show that Bowles was elsewhere at the time. 
 If he did not meet Dodd, and talk with him, 
 at the time and place he says he did, how 
 easily it could be refuted I When Stidger 
 came upon the stand, he expected that he 
 was to be met by every possible proof that 
 could be brought against him. This witness 
 testified that when he entered into this or- 
 ganization, it was with the express intent and 
 determination to develop its end and pur- 
 poses. True,hewas a Government detective; 
 he states that he was so hired and employ- 
 ed. As a rule, I have no kind of fellowship 
 or sympathy with this class of men. But I 
 believe that such a work could be engaged 
 in and accomplished with a good intent and 
 purpose. It is a species of strategy fully just- 
 ified by the circumstances of the case, and 
 is not unhke that to which our command- 
 ing Generals in the field often resort in 
 their efforts to deceive the enemy. They 
 send false messages, write and forward 
 false missives, on purpose to mislead them. 
 They employ every means in their power to 
 induce them to believe in and rely upon a 
 certain state of things, the opposite of that 
 which really exists. Stidger engaged in the 
 work of revealing the designs of this treason- 
 able organization, with the express purpose 
 of giving information to the Government 
 and saving bloodshed, and possibly National 
 
 disaster. Such a man engaged in such a 
 cause, and for such a purpose, can not be 
 called an accomplice. Such a man can not 
 be called a criminal, or a scoundrel. On the 
 contrary, he perils his life to obtain facts 
 which have proved of the greatest import- 
 ance to the cause of justice, law and order. 
 In such a cause, every man, loyal and true to 
 his Government, will stand by him; and it 
 ill becomes any man, especially in this State, 
 to withhold that meed of praise which is his 
 due for the services rendered to the Govern- 
 ment. 
 
 The case is now submitted to this Com- 
 mission on the evidence before it; and I 
 am content to leave it in your hands, after 
 simply quoting the opening remarks of the 
 counsel who last addressed you: "In ap- 
 proaching the evidence in the case, we are 
 almost subdued and awed into silence by 
 considering the perilous/ precipice upon 
 which society, especially in the South-west, 
 so recently hung, if the testimony, in the 
 plenitude of its details, or even in its gene- 
 ral scope, is to be believed." Eespecting 
 that testimony, this Commission is abund- 
 antly able to judge. If this testimony is to be 
 believed, this Government was on the brink 
 of a precipice; and the evidence given upon 
 this stand, under the solemnity of an oath, 
 and with the eye of Almighty God resting 
 on each witness, is of such a character that 
 no argument of counsel, or finely drawn so- 
 phistries, can change the perilous and trea- 
 sonable nature of the circumstances testi- 
 fied to. 
 
 The Commission then adjourned, to meet 
 at 3 o'clock, P. M., to deliberate on the find- 
 ing and sentence. 
 
 Febevaut 26, 1865. 
 
 It is not thought advisable to longer de- 
 lay the publication of these Treason trials, 
 for the final action of the President in the 
 matter. 
 
 When the findings and sentences are ap- 
 proved, they will be promulgated in General 
 Orders, and will then be generally mads 
 known by means of the daily press. 
 
PROCEEDINGS 
 
 or A 
 
 MILITARY COMMISSION, 
 
 Which convened at Indianapolis, Indiana, by virtue of the following Special Orders, 
 
 to wit : 
 
 HXASQTTAKTEKS BiSTBICT OF ImDIAHA, ) 
 
 ludiauapoUSi September 17, 1861. j 
 
 Special Orders No. 129. 
 
 A Military CommiBsion is constituted to 
 meet at the United States Court Kooms in 
 the city of Indianapolis, on the nineteenth 
 (19th) day of September, 1864, at 10 o'clock, 
 A. M., or as soon thereafter as practicable, 
 for the trial of Harrison H. Dodd, and such 
 other prisoners as may be brought before it 
 
 DETAIL FOR THE COMMISSION. 
 
 1. Brevet Brigadier General Silas Colgrove, 
 United States Volunteers. 
 
 2. Colonel William E. McLean, 43d In- 
 fantry, Indiana Volunteers. 
 
 3. Colonel John T. Wilder, 17th Infantry, 
 Indiana Volunteers. 
 
 4. Colonel Thomas I. Lucas, 16th In- 
 fantry, Indiana Volunteers. 
 
 5. Colonel Charles D. Murray, 89th In- 
 fantry, Indiana Volunteers. 
 
 6. Colonel Benjamin Spooner, 83d In- 
 fantry, Indiana Volunteers. 
 
 7. Colonel Eichard P. DeHart, I28th In- 
 fantry, Indiana Volunteers. 
 
 Major Henry L. Burnett, Judge Advocate 
 Department of the Ohio and Northern De- 
 partment, Judge Advocate. 
 
 The Commission will sit without regard 
 to hours. 
 
 By order of Brevet Major General Alvin 
 P. Hovey. AND C. KEMPEE, 
 
 AisisUtnt Adjutant General. 
 
 Also Special Orders appointing as mem- 
 bers of the Commission : 
 
 Colonel Ambrose A. Stevens, Veteran Ee- 
 serve Corps. 
 
 Colonel Ansel D. Wass, 60th Infantry, 
 Massachusetts Volunteers. 
 
 Colonel Thomas W. Bennett, 69th In- 
 fantry, Indiana Volunteers. 
 
 Colonel Eeuben Williams, 12th Infantry, 
 Indiana Volunteers. 
 
 Colonel Albert Heash, 100th Infantry, In- 
 diana Volunteers. 
 
 Also a Special Order, authorizing the 
 Judge Advocate to employ an additional 
 phonographic reporter. 
 
 COUET BoOU, iKDrAHAPOLIB, INDIANA, ) 
 
 October 21,« 1864, 11 o'clock, A. M. / 
 
 The Commission met in compliance with 
 the foregoing Special Orders, and pursuant 
 to adjournment 
 
 All the members present; f also the 
 Judge Advocate. 
 
 The Commission then proceeded to the 
 trial of William A. Bowles, Andrew Hum- 
 phreys, Horace Heffren, Lambdin P. Milli- 
 gan and Stephen Horsey, who were present 
 before the Commission, and who, having 
 heard read the orders appointing the Com- 
 mission, were severally asked by the Judge 
 Advocate if they had any objection to any 
 member named in the orders, to which 
 William A. Bowles, Andrew Humphreys, 
 Horace Heffner and Stephen Horsey sever- 
 ally replied : " I have none." Lambdin P. 
 Milligan replied, "I have no objection to 
 any member but Colonel Wass." 
 
 Colonel Wass having withdrawn from the 
 court-room, the accused, Lambdin P. Milli- 
 gan, stated his objection as follows: 
 
 "I object to Colonel Wass, because he is 
 from a locality where there are extreme 
 prejudices against Western men, and he is 
 likely to be influenced by those prejudices." 
 
 The Court was then cleared for delibera- 
 tion.! On being reopened, the Judge Advo- 
 
 <* Ad informftl meeting vim held on the 19th, imrfluaiit 
 to adjonrnment, but tlie case not being *ready for trial, 
 the Commission adjourned over to the 2lBt. 
 
 flf a member of the GommisstoD was absent from 
 BicKuesi, or other unavoidable cause, the case was pro- 
 ceeded with only ou the consent of the accused being; 
 given in open Court, and such member was only allowed 
 to again take bis seat on the Commission with the con- 
 sent of each and all the accused being given in opea 
 Court, and after reading the testimony taken during tb« 
 absence of such member. 
 
 } During the trial of theta treason coses, the Commli- 
 ■ion, Inaiead of ■> clearing the Court," as is the custom U 
 
 73 
 
74 
 
 TEEASON TRIALS AT INDIANAPOLIS. 
 
 ^: 
 
 cate announced to the accused, Lambdin 
 P. Milligan, that his objection was over- 
 ruled. 
 
 Colonel Ansel D. Wass then took his seat 
 as a member of the Commission. 
 
 The members of the Commission and the 
 Judge Advocate were then duly sworn in the 
 presence of the accused. 
 
 Benn Pitman and W. S. Bush were duly 
 sworn by the Judge Advocate, as recorders 
 to the Commission, also in the presence of 
 the accused. 
 
 The accused, William A. Bowles, requested 
 ermission to introduce M. M. Bay and J. 
 Gordon, Esqrs., as his counsel. 
 
 The accused, Andrew Humphreys, re- 
 quested permission to introduce M. M. Bay, 
 E. A. Davis, Cyrus L. Dunham and J. W. 
 Gordon, Esqrs., as his oounsel. 
 
 The accused, Horace Heffren, requested 
 permission to introduce Cyrus L. Dunham, 
 E. A. Davis, M. M. Bay and J. W. Gordop, 
 Esqrs., as his counsel. 
 
 The accused, Lambdin P. Milligan, re- 
 quested permission to introduce John E. 
 Coffroth, Esq., as his counsel. 
 
 The accused, Stephen Horsey, requested 
 permission to introduce John Baker and C. 
 L. Dunham, Esqrs., as his counsel. 
 
 The requests' of the accused were granted, 
 and their oounsel appeared in Court. 
 
 The Judge Advocate stated that he had 
 consented, by agreement with the counsel 
 for the accused, that the question of the ju- 
 risdiction of the Commission should be 
 considered at the close of the case, with its 
 full force and eflfect upon the Commission, 
 as though it were taken up and considered 
 now. It was also agreed between the Judge 
 Advocate and the counsel for the accused, 
 that any substantial objection to the charges 
 and specifications, as now presented, should 
 be considered at the final summing up of 
 the case. 
 
 The accused, "William A. Bowles, Andrew 
 Humphreys, Horace Heffren, Lambdin P. 
 Milligan and Stephen Horsey were then ar- 
 raigned on the following charges and speci- 
 fications: 
 
 CHAEGES AND SPECIFICATIONS 
 
 PKErEBRBD AOAINST 
 
 WILLIAM A. BOWLES, ANDKEW 
 HUMPHEEYS, HOEACE HEF- 
 FEEN, LAMBDIN P. MIL- 
 LIGAN, AND STEPHEN 
 HOKSEY, 
 
 Oitixent of iha Slate of Indiana^ United Etate» of America. 
 
 CHARGE FIRST.— Cmspiraey against the 
 Oovettimenl of the United Slates. 
 
 Specification First. — In this, that the 
 eaid Wm. A. Bowles, Andrew Humphreys, 
 
 military coiirta, retired to an nc^uiuiug room for delibe* 
 mtion, to avoid the iucoDvenionce of dismissiug the audi* 
 ence aeaombled to listttn tu the procoodiogs. 
 
 Horace Heffren, Lambdin P. Milligan, and 
 Stephen Horsey, did, among themselves, 
 and with Harrison H. Dodd, of Indiana, 
 Joshua F. Bullitt, of Kentucky, J. A. Bar- 
 rett, of Missouri, and others, conspire 
 against the Government and duly consti- 
 tuted authorities of the United States, and 
 did join themselves to, and secretly organize 
 and disseminate, a secret, unlawful society 
 or order, known as the Order of American 
 Knights, or Order of the Sons of Liberty, 
 having both a civil and military organiza- 
 tion and jurisdiction, for the purpose of 
 overthrowing the Government and duly 
 constituted authorities of the United States. 
 This, at a period of war and armed rebel- 
 lion against the authority of the United 
 States, at or near Indianapolis, Indiana, a 
 State within the military lines of the Army 
 of the United States, and the theater of 
 military operations, and which had been, 
 and was constantly threatened to be, in- 
 vaded by the enemy. This, on or about the 
 16th day of May, 1864. 
 
 Specification Second. — In this, that the 
 said Wm. A. Bowles, Andrew Humphreys, 
 Horace Heffren, Lambdin P. Milligan, and 
 Stephen Horsey, during an existing rebel- 
 lion against the Government and "Authori- 
 ties of the United States — said rebeUion 
 claiming to be in the name of, and on be- 
 half of certain States, being a part of and 
 owing allegiance to the United States — did 
 combine and agree with one Harrison H. 
 Dodd, of Indiana, Joshua F. Bullitt, of Ken- 
 tucky, J. A. Barrett, of Missouri, and 
 others, to adopt and impart to others the 
 creed or ritual of a secret, unlawful society 
 or order, known as the Order of American 
 Knights, or Order of the Sons of Liberty, 
 denying the authority of the United States 
 to coerce to submission certain rebellious 
 citizens of said United States, designing 
 thereby to lessen the power and prevent the 
 increase of the armies of the United States, 
 and thereby did recognize and sustain the 
 right of the citizens and States, then in re- 
 bellion, to disregard and resist the authority 
 of the United States. This, at a period 
 of war and armed rebellion against the 
 authority of the United States, at or 
 near the city of Indianapolis, Indiana, a 
 State within the military lines of the Army 
 of the United States, and the theater of 
 military operations, which had been, and 
 was threatened to be, invaded by the en- 
 emy. This, on or about the 22d day of Feb- 
 ruary, 1864. 
 
 Specification Thikd. — In this, that the 
 said Wm. A. Bowles, Andrew Humphreys, 
 Horace Heffren, Lambdin P. Milligan, and 
 Stephen Horsey, citizens of the State of 
 Indiana, owing true faith and allegiance to 
 the Government of the United States, and 
 while pretending to be peaceable, loyal citi- 
 zens of the Government, did seoretly and 
 covertly combine, agree, and conspire, 
 
TEEASON TRIALS AT INDIANAPOLIS. 
 
 75 
 
 among themselves, and with one Harrison 
 H. Dodd, of Indiana, Joshua F. Bullitt, of 
 Kentucky, J. A. Barrett, of Missouri, and 
 others, to overthrow and render powerless 
 the Government of the United States, and 
 did, in pursuance of said combination, 
 agreement and conspiracy, form and organ- 
 ize a oortain unlawful, secret society or 
 order, and did extend, and assist in extend- 
 ing, said unlawful secret society or order, 
 known as the Order of American Knights, 
 or Order of Sons of Liberty, whose intent 
 and purpose was to cripple and render 
 powerless the eflbrts of the Government of 
 the United States, in suppressing a then 
 existing formidable rebellion against said 
 Government. This, on or about the 1st day 
 of October, 1863, at a period of war and 
 armed rebellion, at or near tlie city of In- 
 dianapolis, Indiana, a State within the mili- 
 tary lines of the Army of the United 
 States, and the theater of military op- 
 erations, which had been, and was con- 
 stantly threatened to be, invaded by the 
 enemy. 
 
 Sfkcification Foxieth. — In this, that the 
 said Wm. A. Bowles, Andrew Humphreys, 
 Horace Heiiren, L^mbdin P. Milligan, and 
 Stephen Horsey, did conspire and agree 
 with Harrison H. Dodd, David T. Yeagle, 
 John C. Walker, and Joshua F. Bullitt, 
 and others, these men at that time holding 
 military positions and rank in a certain 
 secret, unlawful society or organization, 
 known as the Order of American Knights, 
 or Order of the Sons of Liberty, to seize by 
 force the United States and State Arsenals 
 at Indianapohs, Indiana, Columbus, Ohio, 
 and Springfield, Illinois, to release by force 
 the rebel prisoners held by the authorities 
 of the United States, at Camp Douglas, Illi- 
 nois, Camp Mortqn, Indiana, and Camp Chase, 
 Ohio, and the Depot of Prisoners of War on 
 Johnson's Island ; and arm those prisoners 
 with the arms thus seized, and that then 
 said conspirators, with all the forces they 
 were able to raise in the secret order 
 above-named, were, in conjunction with the 
 rebel prisoners thus released and armed, to 
 march into Kentucky and Missouri, and 
 co-operate with the rebel forces to be sent 
 to those States by the rebel authorities, 
 against the Government and authorities of 
 the United States. This, on or about the 
 20th day of July, 1864, at a period of war 
 and rebellion against the authority of the 
 United States, at or near the city of Chi- 
 cago, Illinois; a State within the lines of the 
 Army of the United States, and the theater 
 of military operations, and threatened by 
 invasion of the enemy. 
 
 Charge Second. — Affording aid and eomfort to 
 Jiebels against the authority of ilte United 
 States. 
 
 Specification First. — In this, that the 
 gnid Wm. A. Bowles, Andrew Humphreys, 
 
 Horace Heffren, Lambdin P. Milligan, and 
 Stephen Horsey, being then members of a 
 certain secret, unlawful society, or order, 
 known as the Order of American Knights, 
 or Order of the Sons of Liberty — the United 
 States being then in arms to suppress a 
 rebellion in certain States against tlie au- 
 thority of the United States — said Wm. A. 
 Bowles, Andrew Humphreys, Horace Hef- 
 fren, Lambdin P. Milligan, Stephen Horsey, 
 and others, then and there acting as mem- 
 bers and officers of said secret, unlawful 
 society or order, did design and plot to 
 communicate with the enemies of the 
 United States, and did communicate with 
 the enemies of the United States, with the 
 intent that they should, in large force, in- 
 vade the territoi-y of the United States, 
 to-wit: the States of Kentucky, Indiana, and 
 Illinois ; with the further intent, that the 
 so-called secret, unlawful society, or ordar, 
 aforesaid, should then and there co-operate 
 with the said armed forces of the said re- 
 bellion against the authority of the United 
 States, and did communicate to said armed 
 forces the intent and purposes of said 
 secret, unlawful society or oider. This, at 
 a period of war and armed rebellion against 
 the authority of the United States, at or 
 near the city of Indianapolis, Indiana, a 
 State within the military lines of the Army 
 of the United States, and the theater of 
 military operations, which had been, and 
 was constantly threatened to be, invaded 
 by the enemies of the United States. This, 
 on or about the 16th day of May, 1864. 
 
 Specification Second. — In this, that the 
 said Wm. A. Bowles, Andrew Humphreys, 
 Horace Hefl'ren, Lambdin P. Milligan, and 
 Stephen Horsey, while the Government 
 was attempting by force of aims to suppress 
 an existing rebellion, while guerrillas, and 
 other armed supporters of the rebellion, 
 were in the State of Kentucky, did send 
 a messenger, and brother member with 
 them of a secret, unlawful society or order, 
 known as the Order of American Knights, 
 or Order of the Sons of Liberty, into said 
 State of Kentucky, with instructions for 
 Joshua F. Bullitt, Grand Commander of said 
 secret, unlawful society or order, in said 
 State, and otlier members of said secret 
 society or order in said State, to select good 
 couriers or runners, to go upon short no- 
 tice, and for the purpose of assisting those 
 in nbellion against the United States, to 
 call M arms the members of said secret so- 
 ciety or order, and other sympathizers with 
 the existing rebellion, whenever a signal 
 should be given by the authorities of said 
 secret society or order. , Tliis, on or about 
 the 20th day of July, 1864, at a period of 
 war and armed rebellion against the author- 
 ity of the United States, at or near Indian- 
 apolis, Indiana, a State within the military 
 lines of the Army of the United States, 
 and the theater of military operations, and 
 
76 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 which had been, and was constantly threat- 
 ened to be, invaded by the enemy. 
 
 Specit'ication Third. — In this, that the 
 said Wm. A. Bowles, Andrew Humphreys, 
 Horace Heffren, Lambdin P. Mllligan, and 
 Stephen^Horsey, being citizens of the State 
 of Indiana, United States of America, and 
 owing true allegiance to the said United 
 States, did join themselves to a certain un- 
 lawful, secret society or order, known as the 
 Order of American Knights, or Order of 
 Sons of Liberty, designed for the overthrow 
 of the Government of the United States. 
 and to compel terms with the citizens or 
 authorities of the so-called Confederate 
 States, the same being portions of the United 
 States, and in rebellion against the author- 
 ity of the United States, and did communi- 
 cate the designs and intent of said order to 
 those in rebellion against the Government 
 of the United States. This, on or about 
 the 20th day of July, 1864, at a period of 
 war and armed rebellion against the au- 
 thority of the United States, at or near In- 
 dianapolis, Indiana, a State within the mil- 
 itary lines of the Army of the United States, 
 and the theater of military operations, and 
 which had been, and was constantly threat- 
 ened to be, invaded by the enemy. 
 
 CHARGE THIRD.— Inciting Insurrection. 
 
 Specification First. — In this, that the 
 said Wm. A. Bowles, Andrew Humphreys, 
 Horace Heffren, Lambdin P. Milligan, and 
 Stephen Horsey, did, during a time of war be- 
 tween the United States and armed enemies 
 of the United States, and of rebellion against 
 its Government, organize and attempt to 
 arm, and did arm, a portion of the citizens of 
 the United States through an unlawful, se- 
 cret society or order, known as the Order 
 of American Knights, or Order of the Sons 
 of Liberty, with the intent to induce them, 
 with themselves, to throw off the authority 
 of the United States, and co-operate with 
 said armed enemies of the United States, 
 against the legally constituted authorities 
 of the United States. This, on or about 
 the 20th day of July, 1864, at or near Indi- 
 anapolis, Indiana, a State within the mili- 
 tary lines of the army of the United States, 
 and the theater of military operations, and 
 which had been, and was constantly threat- 
 ened to be, invaded by the enemy. 
 
 SPEciFtcATioif Second. — In this, that the 
 said William A., Bowles, Andrew Hum- 
 phreys, Horace Heffren, Lambdin P. Milli- 
 gan, and Stephen Horsey, did, by public 
 addresses, by secret circulars and commu- 
 nications, and by other means, endeavor 
 to, and did arouse sentiments of hostility' 
 to the Government of the United States, 
 and did attempt to induce the people to re- 
 volt against said Government, and secretly 
 organize and arm themselves for the pur- 
 pose of resisting the laws of the United 
 States, and the orders of the duly elected 
 
 President thereof. ,This, on or about the 
 1 6th day of February, 1864, at a period of 
 war and armed rebellion against the au 
 thority of the United States, at or near In- 
 dianapolis, Indiana, a, State within tlie 
 military lines of the army of the United 
 States, and the theater of military opera- 
 tions, and which had been, and was con- 
 stantly threatened to be, invaded by the 
 enemy. 
 
 CHARGE FOURTH— Disloyal Praciiccs. 
 
 Specification First. — In this, that the 
 said Wm. A. Bowles, Andrew Humphreys, 
 Horace Heffren, Lambdin P. Milligan, and 
 Stephen Horsey, at a time of war, and dur- 
 ing an armed rebellion against the legally 
 constituted authorities and Government of 
 the United States, did counsel and advise 
 citizens of, and owing allegiance and mili- 
 tary service to the United States, to dis- 
 regard the authority' of the United Siates, 
 and to resist a call or draft, designed to in- 
 crease the army of the United States, and 
 did make preparation, and attempt to arm, 
 and did arm, certain ,citizens of the United 
 States, belonging to a certain unlawful, se- 
 cret society or order, known as the Order 
 of American Knights, or Order of the Sons 
 of Liberty, for the purpose and with the 
 intent of resisting said call or draft. This, 
 on or about the 1st day of July, 1864, at or 
 near Shoal's Station, Martin county, Indi- 
 ana, a State within the military lines of the 
 army of the United States, and the theater 
 of military operations, and which had been, 
 and was constantly threatened to be, in- 
 vaded by the enemy. 
 
 Specification Second. — In this, that the 
 said Wm. A. Bowles, Andrew Humphreys, 
 Horace Heffren, Lambdin P. Milligan, and 
 Stephen Horsey, at a time of war, and dur- 
 ing an armed rebellion against the legally 
 constituted authorities and Government of 
 the United States, did counsel and advise 
 citizens of, and owing allegiance and mili- 
 tary service to the United States, to disre- 
 gard the authority of the United States, 
 and to resist a call or draft, designed to in- 
 crease the army of the United States, and 
 did make preparation, and attempt to arm, 
 and did arm, certain citizens of the United 
 States, belonging to a certain unlawful, se- 
 cret society or order, known as the Order 
 of American Knights, or Order of the Sons 
 of Liberty, for the purpose and with the 
 intent of resisting said call or draft. This, 
 on or about the 1st day of November, 1863j 
 at or near Green Fork township, Randolph 
 county, Indiana, a State within the mili- 
 tary lines of the army of the United States, 
 and the theater of military operations, and 
 which had been, and was constantly threat- 
 ened to be, invaded by the enemy. 
 
 Specification Third. — In this, that the 
 said Wm. A, Bowles, Andrew Humphreys, 
 Horace Heffren, Lambdin P. Milligan and 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 77 
 
 Stephen Horsey, at a time of war, and dur- 
 ing an armed rebellion against the legally 
 constituted authorities and Government of 
 the United States, did '■ounsel and advise 
 citizens of, an'5 OTr'iD^ aUegiance and mili- 
 tary service to, the united States, to dis- 
 regard the authority or the United States, 
 and to resist a call or draft, designed to in- 
 crease the army of the United States, and 
 did make preparation, and did attempt to 
 arm, and did arm, certain citizens of the 
 united States, belonging to a certain un- 
 lawful secret society or order, known as the 
 Order of American Knights, or Order of 
 Sorjs of Liberty, for the purpose and with 
 the intent of resisting said call or draft. 
 This, on or about the 16th day of May, 1864, 
 at or near Indianapolis, Indiana, a State 
 within the military lines of the army of 
 the United States, and the theater of mili- 
 tary operations, and which had been, and 
 was constantly threatened to be, invaded 
 by the enemy. 
 
 Specification Foukth. — In this, that the 
 said Wm. A. Bowles, Andrew Humphreys, 
 Horace Heffren, Lambdin P. Milligan, and 
 Stephen Horsey, at a time of war, and dur- 
 ing an armed rebellion against the legally 
 constituted authoi'ities and Government of 
 the United States, did counsel and advise 
 citizens of, and owing allegiance and mili- 
 tary service to, the United States, to dis- 
 regard the authority of the United States, 
 and to resist a call or draft, designed to in- 
 crease the army of the United States, and 
 did make preparation and attempt to arm, 
 and did arm, certain citizens of the United 
 States, belonging to a certain unlawful se- 
 cret society or order, known as the Order 
 of American Knights, or Order of the Sons 
 of Liberty, for the purpose and with the 
 intent of resisting said call or draft. This, 
 on or about the first day of August, 1864, 
 at or near Salem, Washington county, In- 
 diana, a State within the military lines of the 
 army of the United States, and the theater 
 of military operations, and which had been, 
 and was constantly threatened to be, in- 
 vaded by the enemy. 
 
 SPECIFICATION Fifth.- — In this, that the 
 said 'Vfm. A. Bowles, Andrew Humphreys, 
 Horace Heffren, Lambdin P. Milligan, and 
 Stephen Horsey, did accept and hold offices 
 of the military forces for the State of Indi- 
 ana, in a certain unlawful secret society, 
 or order, known as the Order of American 
 Knights, or Order of the Sons of Liberty, 
 which said offices and military forces were 
 unknown to the Constitution and laws of 
 the United States, or of the State of In- 
 diana, and were not in aid of, but opposed 
 to, the legally constituted authorities there- 
 of This, on or about the 16th day of Feb- 
 ruary, 1864, at a time of war and armed re- 
 hellion against the authority of the Uni- 
 ted States, at or near Indianapolis, Indiana, 
 a State within' the military lines of the 
 
 army of the United States, and the theater 
 of military operations, and which had been, 
 and was constantly threatened to be, in- 
 vaded by the enemy. 
 
 CHARGE FIFTH.— Violation of the Laws 
 of War. 
 
 Specification Fikst. — In this, that the 
 said AVm. A. Bowles, Andrew Humphreys, 
 Horace Heffren, Lambdin P. Milligan, and 
 Stephen Horsey, did, while the Govern- 
 ment 'of the United States was carrying on 
 war with the enemies of the United States, 
 engaged in rebellion against their author- 
 ity, while pretending to be peaceable, loyal 
 citizens of the United States, violate their 
 allegiance, and did, as citizens of said Gov- 
 ernment, attempt to introduce said ene- 
 mies of the United States into the loyal 
 States of said United States, thereby to 
 overthrow and destroy the authority of the 
 United States. This, on or about the 16th 
 day of May, 1864, at or near the city of 
 Indianapolis, Indiana, a State within the 
 military lines of the army of the United 
 States, and the theater of military opera- 
 tions, which had been, an^ was constantly 
 threatened to be, invaded by the enemy. 
 
 Specification Secokd. — In this, that the 
 said Wm. A. Bowles, Andrew Humphreys, 
 Horace Heffren, Lambdin P. Milligan, and 
 Stephen Horsey, did, during a war between 
 the United States and the said enemies of 
 the United States, engaged in rebellion 
 against their authority, and while pretend- 
 ing to be peaceable, loyal citizens of the 
 United States, organize and extend a cer- 
 tain unlawful, seciot society or order, 
 known as the Order of American Knights, 
 or Order of the Sons of Liberty, having for 
 its purpose the same general object and 
 design as the said enemies of the United 
 States, and with the intent to aid and in- 
 sure the success of said enemies in their 
 resistance to the legally constituted au- 
 thorities of the United States. This, at or 
 near the city of Indianapolis, Indiana, on 
 or about the 16th day of Mav. 1 864. 
 
 HENRY L."ByENETT, 
 Judge Advocate Department of the Ohio and 
 Northern Department 
 
 To which charges and specifications the 
 accused, all and severally, to each and all 
 the charges and specifications, pleaded not 
 
 GUILTY. 
 
 The Judge Advocate then asked the ac- 
 cused if they were ready for trial. 
 
 J. W. Gordon, counsel for the accused, 
 William A. Bowles, Horace Heffren, and 
 Andrew Humphreys, moved for a separate 
 trial in their behalf, and submitted the fol- 
 lowing reasons : 
 Mr. President and Gentlemen of the Commission: 
 
 Recognizing the law which governs this 
 Commission — as the common law, the old 
 English common law, which has been adopt- 
 
78 
 
 TREASON TRIALS AT INDIANAPOLIS, 
 
 ed by every State in the Union — as the law 
 which shall influonoo this Commission in 
 determining how these defendants shall be 
 tried, I ask you to favor them each with a sep- 
 arate trial. All the States, I believe, have 
 enacted stattitgs on this subject. Our own 
 State has enacted a statute providing for 
 separate trials of defendants jointly charged 
 with criminal offenses. The civil courts of 
 the United States generally accord to the 
 defendant, or person charged with an 
 offense, the same rule of practice which 
 they enjoy as a right in their State courts. 
 Bijt we do not ask a separate trial on that 
 ground. We put the plea on the discre- 
 tion of this Court, as governed by the com- 
 mon law, believing that these defendants 
 have interests that can not be subserved 
 by trying thein together, and as a matter 
 of justice I ask the Court for their sever- 
 ance on trial. In behalf of Horace Hef- 
 fren, Andrew Humphreys and William A. 
 Bowles, for whom I appear, I move the 
 Court for a separate trial for them. 
 
 I may also state to the Court a fact which 
 will be apparent on the trial of these 
 causes. Each will have separate witnesses, 
 and will pursue a different line of defense. 
 Each has his own character to defend. The 
 trial going on as one trial during the prose- 
 . cution, will assume in the defense the at- 
 titude of separate trials, and the defendants 
 and their counsel will labor under great in- 
 conveniences and difficulties in their behalf 
 
 Another point I make is, that as these 
 men are all charged as citizens of Indiana, 
 they are entitled as such to separate trials, 
 as there are no rules laid down for the reg- 
 ulation of these trials, and one might put in 
 a plea on that ground. We trust the motion 
 for a separate trial for the defendants to 
 the discretion of the Commission, as a 
 matter of justice to the accused. 
 
 Cyrus L. Dunham, counsel for Stephen 
 Horsey, one of the accused, moved for a 
 separate trial for the accused, for the follow- 
 ing reasons : ■ 
 
 It is, in my opinion, entirely without pre- 
 cedent in Military Courts, to put two pris- 
 oners on trial at the same time. Defend- 
 ants, jointly charged, are entitled to all the 
 benefits they can derive from separate trials. 
 Ih a -joint trial, the evidence introduced 
 against one defendant might militate 
 against another, and bear more strongly 
 .against him than if he was tried separately. 
 Thft prosecution, he presumed, would, in its 
 evidence, follow the line pursued in the 
 Dodd trial, proving one act of one party 
 by one witness, and ^ separate acta of other 
 parties by other witnesses. The defense 
 would branch out into separate lines, ac- 
 cording to the side issues presented. The 
 evidence might not bear as strongly against 
 one defendant as against the other, and 
 this might confuse the Commission when it 
 comes to a final decision. , 
 
 I Lambdin P. Milligan, one of the accused, 
 ! moved in his own behalf, for a separate trial, 
 for the following reasons : 
 
 "It is exceedingly inconvenient for me to 
 be present at the trial, on account of sick- 
 ness. I wish as short a trial as possible, 
 and the evidence introduced against others 
 may protract the trial to great length. It 
 is impossible, I am advised by my physi- 
 cians, to be in any position but a recumbent 
 one,' without 'permanent injury to my limb. 
 If granted a separate trial, I will waive all 
 technical objections in the progress of the 
 case. For these reasons, I ask the Commis- 
 sion to grant me a separate trial." 
 
 The Judge Advocate replied: 
 
 Gentlemen of the Commission : 
 
 An application has been presented to the 
 Commission, from each of .the accused, for 
 a separate trial. I do not propose person- 
 ally to object to those applications. I only 
 desire to put before the minds of the Court 
 the reasons and facts that present them- 
 selves to my mind against the grant of the 
 application. 
 
 The offenses charged against these de- 
 fendants are joint. They are in the nature 
 of a conspiracy. Conspiracy is the- gist of 
 the charges, and the other offenses charged 
 grew out of this. Once having established 
 the conspiracy, the acts of any one .of the 
 conspirators are liable to be brought in 
 proof as evidence against any other mem- 
 ber of the conspiracy. About that princi- 
 ple of law there can be no question. Not 
 only can the acts of any member of a com- 
 mon conspiracy be brought as proof against 
 other co-conspirators, but also their admis- 
 sions, their letters, their writings, and the 
 records they leave behind them. In that 
 case, the proof on the part of the Govern- 
 ment will be no more -complicated in the 
 matter of proof against the accused in a joint 
 trial than if separate trials were granted. 
 The proof against one is proof against all 
 the accused. That being the case, we may 
 prove against Milligan the acts of Dodd, 
 and the testimony introduced by Milligan 
 that he did not do these acts himself, con- 
 stitutes no defense for him. AVhen he 
 takes upon himself the responsibility of 
 joining an unlawful body, he takes upon 
 himself the responsibility for every unlaw- 
 ful act of that body. The law also holds 
 that when men combine together for such 
 purposes, having greater power for evil 
 through such an organization, they shall 
 be held to a greater accountability. There 
 is also a greater latitude given in proof 
 against conspirators than against any other 
 class of criminals known to the law. That 
 being the case, the argument for a separate 
 defense has but little weight. Even if it 
 is important that each man should put his 
 character in issue and prove his good char- 
 acter, he can do that as well when on trial 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 79 
 
 jointly as singly. You, gentlemen of the 
 Commiesion, make up your verdict ngainst 
 each one of these defendants separately. 
 If you find that any one of these men has 
 been misled, you may t.ike into considera- 
 tion the absence of evil intent in joining 
 this organization, as well in a joint trial as 
 in separate trials. There is no argument 
 the accused can advance against joint trials 
 which will show that they are deprived of 
 any rights and privileges which would ac- 
 crue from separate trials. They can ' not, 
 and do not claim that under the common 
 law they may sever these prisoners and in- 
 troduce them as witnesses, one in favor of 
 the other. They know that they can not 
 do that. No benefit in that respect would 
 accrue to them from a separate trial. 
 
 The question submitted to the Court is a 
 matter of policy simply, and in respect to 
 that, there are two important considera- 
 tions. There are the rights and privileges 
 of the accused to be considered, and also 
 the rights and privileges of the Govern- 
 ment. One should be weighed and bal- 
 anced against the other. I would say to 
 the Commission,' give to the defendants 
 the gi-eatest possible latitude consistent 
 with the interests of the Government, 
 where no rights will be waived. I will 
 grant them every thing that involves mere 
 form and courtesy. 1 will go further to 
 issue processes to bring in witnesses for 
 the accused than I would for the Govern- 
 ment. But while granting all possible lati- 
 tude to the accused, I can not forget that 
 there comes up a strong plea from unnum- 
 bered thousands who have an interest in 
 the results of this Commission. 
 
 There are sitting around me officers, 
 none under the rank of Colonel; one who 
 presides over the Commission, with the 
 rank of Brevet Brigadier General. Each 
 of you is entitled to command a regiment 
 of one thousand men; and some, if not all of 
 you, were in command of brigades in the 
 field, numbering from one to three thou- 
 sand men. You are the representatives 
 of fifteen thousand men at least, who, un- 
 der your leadership, would do gallant ser- 
 vice for your country. You, gentlemen of 
 the Commission, are needed in tlie field, 
 and whether you shall consume unneces- 
 sary time by protracting these trials, is a 
 matter of importance to the Government, 
 and to the untold millions who look forward 
 with interest and hope to the future for the 
 success of its armies. 
 
 There is also another consideration of 
 some importance to the Government. You 
 sit on this Commission at a great cost to 
 the Government, for the pay of members, 
 of witnesses, and other expenses. That is 
 a point to be considered in determining the 
 motion for separate trials. If no rights of 
 the accused are to be prejudiced by a joint 
 trial, the question in economy becomes an 
 
 important argument in favor of proceeding 
 witli the trial of the prisoners as arraigned. 
 
 I would also add, that if any single right 
 of any one of the accused would be preju- 
 diced by a joint trial, I would not urge it. 
 I have looked at this matter in all its lights, 
 and can not see that, individually, they will 
 be prejudicial in a single right which they 
 would have if separate trials were accorded 
 them. 
 
 As Judge Advocate of this Department, I 
 have vast rights, duties and responsibilities. 
 My detention here will result in holding 
 hundreds of persons now in prison, charged 
 with military offenses, who are waiting their 
 trials. I have to organize Courts for their 
 trials, to prefer the charges against them, and 
 exercise a general supervision over the pro- 
 ceedings of these courts. There are other 
 men besides the prisoners now in Court, 
 who are asking of the Government a speedy 
 hearing. They have rights at stake as well 
 as the accused here. While, therefore, I ask 
 of you no one thing which can do the accused 
 any wrong, or which will limit them in 
 bringing every fact, which will accrue to their 
 benefit, before this Commission, while I 
 would grant them every possible courtesy, 
 I must ask the Commission to use its discre- 
 tion so wisely, that it shall not wrong others, 
 or the tiovernment. 
 
 One of the counsel for the accused states 
 that he has examined military books, and 
 has not found a single case where prisoners 
 have been jointly arraigned before a military 
 court I will state that in my military ex- 
 perience, and as Judge Advocate, I have not 
 sein a sin.ale case that did not make pre- 
 cedents. This war has been constantly ma- 
 king precedents. The army of the United 
 Slates has exceeded in magnitude, during 
 this war, any thing conceived by the found- 
 ers of tliis Govirnment The army has pro- 
 gressed in all respects further in two years 
 than it would have done in two centuries at 
 its former rate of existence. This fact has 
 given rise to new conditions. We do not 
 act entirely in accordance with the common 
 law, as recognized two centuries ago, but 
 settle its principles, as applied to military 
 offenses, and make precedents, in every capc 
 which we try in military courts. We make 
 precedents in the government of the army, 
 and in the mihtary courts. All that tlie 
 accused have a right to ask here is, that this 
 Commission violate no law, and do them 
 exact justice. I, therefore, submit to ytiu 
 for decision the application for a severance 
 of the defendants. 
 
 The court-room was then cleared for the 
 purpose of deliberation on the application 
 of the accused. 
 
 On the re-opening of the court-room, the 
 Judge Advocate announced that the Com- 
 mission proposed to hold the application of 
 the accused under advisement until m 
 o'clock, P. M. 
 
80 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 The Commission then adjourned, to meet 
 at half past 2 o'clock P. M. 
 
 AFTERNOON SESSION, 
 CoVBT HoOM, iNDrANAPOLIS, INDIANA, 1 
 
 October 21, 1864, 2% o'clock, P. M. / 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present. Also, the 
 Judge Advocate, the accused and their 
 counsel. 
 
 The court-room was then cleared for de- 
 liberation on the question of granting the 
 accused a separate trial. 
 
 On the re-opening of the Court, the Judge 
 Advocate announced to the accused that 
 the Commission, after a full and careful de- 
 liberation of the question, had concluded 
 that in view of the fact, that no right or 
 rights ofany of the accused, in any particular, 
 would be prejudiced by agoint trial, it was 
 their duty to proceed with the trial of the 
 prisoners as they were arraigned. 
 
 William M. Harrison, a witness for the 
 Government, was then introduced, and 
 being duly sworn by the Judge Advocate, 
 testified as follows: 
 
 Question by the Judge Advocate : Please 
 give to the Court your name and residence? 
 
 Answer. William M. Harrison; I reside 
 in this city. 
 
 Q. State your business for the last year 
 or two? 
 
 A. I have been in no particular business 
 for the last year. , I was traveling and col- 
 lecting for George W. Howes a portion of the 
 time during last year. 
 
 Q. Have you had any other employ for 
 wliich you received pay and compensation? 
 
 A. I was employed as Grand Secretary of 
 the Grand Council of the Sons of Liberty in 
 the State of Indiana, at a salary of $800 per 
 annum. I became a member of the Grand 
 Council, on or about the 27th of August, 
 1863, and became Grand Secretary of the 
 Grand Council on or about the 10th of Sep- 
 tember, 1863. ' 
 
 Q. When and where did you first have 
 any knowledge of the Order of American 
 Knights, or Order of the Sons of Liberty, 
 or Knights of the Golden Circle? 
 
 A. The first knowledge I ever had of the 
 Order of American Knights was at Terre 
 Haute, on or about the 27th of August, 
 1863. I received a letter from H. H. Dodd 
 at Terro Haute, requesting me to go there; 
 when there I was invited to attend a meet- 
 ing that night. I did so; there were but 
 twelve or fifteen present 
 
 Q. Whom did you meet there? 
 
 A. Among those I recollect were P. C. 
 Wriaht, and a person by the name of D. R 
 Ecki'es, John E. Risley, Galium Bayley and 
 John G. Davis. Most of them were strang- 
 ers to me. 
 
 Q. What was done at that meeting? 
 
 A. Mr. Wright appeared to have charge! 
 
 of the meeting. He stated that it was 
 called for the purpose of organizing a secret 
 society. He proceeded to initiate members, 
 and, after that, to organize the Grand Coun- 
 cil of the State of Indiana. Those who were 
 initiated, were initiated in the three degrees 
 at the same time. 
 
 Q. Were you initiated in the three de- 
 grees at that time? 
 A. I was. 
 
 Q. Who were elected oflBcers? 
 A. D. B. Eckles was elected Temporary 
 Grand Commander; H. H. Dodd, Temporary 
 Deputy Grand Commander; John E. Risley, 
 Temporary Grand Secretary, and I was 
 elected Temporary Assistant Secretary. 
 
 Q. Where was the next meeting held? 
 _ A. In this city, about the 10th of Septem- 
 ber following, at the Military Hall, over 
 Talbot & Co.'s jewelry store. It was an 
 adjourned meejting of the Grand Council 
 that had met at Terre Haute. It convened 
 about 9 or 10 in the morning of, I think, 
 the 10th of September. They adjourned 
 at noon, and met again at 2 o'clock. 
 Q. What business did they transact? 
 A. In the morning, those persons whd 
 were delegates from various counties, who 
 had not been initiated into the Order, were 
 initiated by Mr. Wright. 
 Q. Who was President ? 
 A. Mr. Dodd, both in the forenoon and 
 afternoon. Mr. Wright initiated members 
 present who had never received degrees ; 
 after he got through initiating those, he ini- 
 tiated the members present in the Grand 
 Council Degree, and declared the Council 
 open for business. I was initiated in that 
 degree. 
 Q. In what did it differ from others? 
 A. Simply in the sign of recognition and 
 colloquy. * 
 
 Q. Wlio were initiated that day ? 
 A. David T. Yeakle and Dr. Bowles. The 
 great majority of the memberswere initiated 
 on that day. 
 
 Q. Were any other citizens, now present 
 in this court room, initiated that day, that 
 you remember ? 
 A. No, sir. 
 
 Q. Was any other business done besides 
 the initiation of members ? 
 
 A. After the members had been initiated 
 in the Grand Council Degree, Mr. Wright 
 declared the Council ready for business, and 
 proceeded to the election of officers, which 
 resulted in the election of H. 'H. Dodd as 
 Grand Commander, and David T. Yeaklo, 
 Deputy Grand Commander. I was elected 
 Grand Secretary. We immediately pro- 
 ceeded to other business. A committee, 
 under the name of a military committee, 
 was appointed to draft a military bill. Mr. 
 Dodd was a member, and Yeakle and 
 Bowles. I think there were one or two 
 others, but I do not remember their names. 
 Q. Was any military bill drafted by them? 
 
TREASON TRIALS AT ISDIANAPOLIS. 
 
 81 
 
 A. It was the subject of discussion in the 
 afternoon. 
 
 Q. What became of it ? 
 
 A. It was in my possession, and I des- 
 troyed it. 
 
 Q. When? 
 
 A. I destroyed all the papers belonging 
 to the organization after the exposition in 
 the Indianapolis Journal. 
 
 Q. Give the Court the features of that 
 bill, as near as you can recollect. 
 
 A. It provided for the division of the 
 State into four districts; the National Road 
 divided the north and south parts of the 
 State. The names of the districts were the 
 North-eastern, North-western, South-eastern 
 and South-western. The counties in these 
 districts were divided as nearly equal as 
 could be. It also went into detail to pro- 
 vide for the organization of the whole mili- 
 tary force, the number and size of the regi- 
 ments to be raised, duties of officers, etc. 
 
 Q. What was to be the size of the regi- 
 ments ? 
 
 A. They were to consist of nine compa- 
 nies of infantry, one company of rifles, and 
 one section of artillery. The bill provided 
 for the election of major generals; and 
 they spoke of providing that major gener- 
 als should appoint brigatliers, the brigadiers 
 appoint colonels, colonels appoint the cap- 
 tains, and captains the subordinate offi- 
 cers. 
 
 Q. Were any major generals appointed ? 
 
 A. Yes, sir; David T. Yeakle and Andrew 
 Humphreys were appointed under that bill; 
 Mr. Milligan, and Mr. Conklin, living of this 
 city. These four were all. 
 
 Q. Was Milligan appointed one of the 
 major generals? 
 
 A. Yes, sir. 
 
 Q. Do you know him ? 
 
 A. I see him there. 
 
 The witness here pointed to the accused, 
 Lambdin P. MiUigan. 
 
 Q. Is that the Milligan you have refer- 
 ence to? 
 
 A. Yes, sir. 
 
 Q. Do you see any others present in the 
 court room who were appointed major gen- 
 erals ? 
 
 A. Dr. Bowles I see present, and Mr. 
 Humphreys. 
 
 Tlie witness here pointed to the accused, 
 Wm. A. Bowles and Andrew Humphreys. 
 
 Q. Is that the Dr. Bowles who was pres- 
 ent at that meeting? 
 
 A. It is. 
 
 Q. Is that the Andrew Humphreys who 
 was appointed major general? 
 
 A. Yes, sir. 
 
 Q. Were any other appointments made 
 then? 
 
 A. No, sir. 
 
 Q. Were any of those appointments made 
 outside of the membership of "the order ? 
 
 A. My understanding of the matter was, 
 6 
 
 that appointments were made among mem- 
 bers ot the order only. 
 
 Q. Were any speeches made at that 
 meeting? 
 
 A. Dr. Bowles spoke at considerable 
 length, but I do not remember the matter 
 of his remarks, except that they were on 
 the features of the military bill. Dr. Year 
 kle spoke on the same subject. 
 
 Q. State whether or not, at that meeting, 
 he urged the arming of the members of the 
 order. 
 
 A. As far as I recollect, I can not say. 
 
 Q. To what time' did it adjourn ? 
 
 A. To meet during the month of Novem- 
 ber following. 
 
 Q. State if it met, and if so, who pre- 
 sided. 
 
 A. It did, at the former place of meeting. 
 Harrison H. Dodd presided, and I acted as 
 secretary. 
 
 Q. Who were present ? 
 
 A. Mr. Milligan and J. J. Bingham, and 
 delegates were present from some thirty 
 counties. 
 
 Q. Were any others present at that meet- 
 ing that you now see in this court room ? 
 
 A. I do not think there were. Neither 
 Stephen Horsey, Andrew Humphreys, nor 
 Horace Hefl'ren was present. Dr. Bowles 
 was present. 
 
 Q. AVas L. P. Milligan present ? 
 
 A. Yes, sir. 
 
 Q. State what was done at that meeting. 
 
 A. There was not much business trans- 
 acted. A committee was appointed to get 
 up a prospectus of a newspaper, to advocate 
 the distinctive pi-inciple of the order. That 
 was discussed at considerable length. There 
 was some discussion in regard to the exten- 
 sion of the Democratic party. The exten- 
 sion of the order in the various counties 
 was particularly talked of Discussion on ed- 
 ucation also took place at that meeting. 
 No speeches were made at that meeting, as 
 far as I can recollect; they did not go be- 
 yond an organization for political purposes. 
 
 Q. What was said at that meeting about 
 the object of the mihtary organization? 
 
 A. Nothing was said about it, except that 
 it was necessary to organize in a military 
 capacity, to protect the rights of the mem- 
 bers against the encroachments of the Ad- 
 ministration. 
 
 Q. Where was the next meeting? 
 
 A. It was held in this city, on the 16th or 
 17th of February, 1864. 
 
 Q. Were there present any of the per- 
 sons now in the court room, as far as you 
 remember ? 
 
 A. Mr. Hefifren, Mr. Milligan and Mr. 
 Bowles were present Mr. Humphreys and 
 Mr. Horsey were not present I can not 
 say positively whether Mr. Milligan was 
 present or not; he was absent from one 
 meeting, and I think it was that <ine. Heff- 
 ren and Bowles made speeches. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 Q. What was the general object of this 
 meeting of the 16th or 17th ? 
 
 A. It was the regular annual meeting of 
 the organization. It had been said that the 
 anniversary of the order was the 22d of 
 February. It was called in advance of the 
 meeting of the Supreme Council to be held 
 in New York on the 22d. to enable dele- 
 gates to attend tliat meeting. At that 
 meeting an election of officers took place. 
 
 Q. Who were elected ? 
 
 A. H. H. Dodd, Grand Commander, Hor- 
 ace Hefl'ren, Deputy Grand Commander, 
 and myself Grand Secretary. 
 
 Q. Was there any voting in regard to ma- 
 jor generals ? 
 
 A. The election of major generals took 
 place at the same meeting. Humphreys 
 was elected in his district, Milligan in his 
 district, and Bowles was elected in the 
 south-west district. Walker was elected in 
 the north-western district. 
 
 Q. Did Yeakle or others resign? 
 
 A. No, sir. 
 
 Q. How did they get out of office 7 
 
 A. All officers were to be elected yearly. 
 The first elections were made until the 22d 
 day of February. As this was the annual 
 meeting, a new election was held, that re- 
 sulted as I have just stated. 
 
 Q. V/ho were the delegates to the New 
 York meeting? 
 
 A. Several delegates were elected by the 
 Grand Council at the New York meeting. 
 I can not say positively who were elected 
 in February. 
 
 Q. Can you state some of the delegates 
 to the various meetings in September and 
 November? 
 
 A. At the meeting in September, John G. 
 Davis and D. R Eckles were elected dele- 
 gates to the Council in Chicago, in Septem- 
 ber, 1863, and I think Humphreys also. 
 
 Q. To what Council? 
 
 A. The Supreme Council. Milligan was 
 elected delegate to the Supreme Council. 
 Dodd was elected to the Supreme Council 
 by virtue of his office. 
 
 How many attended ? 
 
 A. I understood Dodd that Milligan was 
 present at the meeting of the Supreme 
 Council at Chicago or New York, and Hum- 
 phreys was present either at the Chicago 
 or New York meeting, I do not recollect 
 which. Dr. Bowles was present at one or 
 both places. The first meeting was held 
 in Chicago, in the latter part of the month 
 of Septenaber, 1863. 
 
 Q. Was Dodd at that meeting? 
 
 A. He left to attend it ; I understood he 
 was there himself. I understood also that 
 Humphreys was present at that meeting, 
 and Yeakle and Dr. Bowles. I got this in- 
 formation from Dodd. 
 
 _Q. Have you no means of telling whether 
 Milligan was present at that meeting ? 
 
 A. None but the information I derived 
 
 from Dodd. I have no means of saying 
 positively. 
 
 Q. Was any written address read at the 
 meeting of February. 16th and 17th? 
 
 A. Yes, sir; an address was read by Mr. 
 Dodd, which was subsequently printed and 
 circulated among the members of the 
 order. 
 
 Q. How? 
 
 A. An order was passed that the address 
 of the Grand Commander and such portion 
 of the proceedings of the State Council as 
 was necessary should be printed. 
 
 Q. What was that'? 
 
 A. That the address of the Grand Com- 
 mander, the report of the Grand Secretary, 
 and the report of the Finance Committee, 
 should be printed. After the meeting ad- 
 journed, it was printed in pamphlet form; 
 and I sent two copies to each branch Tem- 
 ple in the State. 
 
 Q. Did you send to any of the lodges 
 where Mr. Milligan lives? 
 
 A. I sent them to Huntington county, 
 directing them to Mr. Milligan. 
 
 Q. Did you send any to Mr. Humphreys' 
 county ? 
 
 A. Y'es, sir ; directing them to Mr. Hum- 
 phreys ? 
 
 Q. How many did you send? 
 
 A. Two of the addresses to each one. 
 
 Q. Did you send any tct Dr. Bowles? 
 
 A. I think I did ; I generally sent two to 
 each county. 
 
 Q. Did you send any to Mr. Heffi'en ? 
 
 A. I can not say positively whether I sent 
 any to Heffren or not 
 
 Q. Is that one of the pamphlets you have 
 spoken of? 
 
 [A pamphlet entitled " Proceedings of the 
 Grand Council of the State of Indiana," 
 was here handed to the witness by the 
 Judge Advocate.] 
 
 A. It is. 
 
 Q. What does that pamphlet contain ? 
 
 A. It contains an address delivered by 
 Dodd, and proceedings of the State Council, 
 and the reports of committees. 
 
 Q. Was this pamphlet sent out to the 
 counties in which the order existed ? 
 
 A. Yes, sir. 
 
 [The pamphlet, entitled "Proceedings of 
 the Grand Council of the State of Indiana," 
 was here put in evidence by the Judge 
 Advocate. See Appendix,] 
 . The Commission then adjourned, to meet 
 on Saturday, October 22, 1864, at 10 o'clock, 
 A. M 
 
 CODET IIOOM, iKDIANAPOlia, IneIANA, 1 
 
 " " , 10 A. M. / 
 
 October 22, 1864, 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present. Also, the 
 Judge Advocate, the accused, and their 
 counsel 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 83 
 
 The proceedings were read and ap- 
 proved. 
 
 The accused, Andrew Humphreys, then 
 made the following application to the Com- 
 mission ; 
 
 "I respectfully request that E. H. C. 
 Gavins, Esq., and William Jtaok, Esq., may 
 be admitted to act as counsel for me upon 
 the trial of this cause. 
 
 [Signed.] Andrew Humphreys, 
 
 "For himself" 
 
 Which application was granted, and the 
 counsel appeared for the accused. 
 
 The testimony of Wm. M. Harrison, a 
 witness for the Government, was then con- 
 tinued as follows: 
 
 Question by the Judge Advocate: 
 
 State what the circular now handed you 
 is? ^ 
 
 Answer. This circular is one I sent out to 
 the various County Temples, with a copy of 
 the Constitution and By-Laws for the 
 County and Branch Temples. The circu- 
 lar was read to the Court by the Judge Ad- 
 vocate. Said circular introduced in evi- 
 dence.* 
 
 Q. Did you, or did you not, inclose one 
 of these circulars with all the addresses 
 you sent to the different County Temples? 
 
 A. With that circular I sent out a copy 
 of the Constitution of the Grand Council, 
 and one or two copies of the proceedings of 
 the meeting held here on the 16th and 17th 
 days of February. 
 
 Q For what purpose was this assessment 
 referred to made ? 
 
 A. For defraying the expenses of the 
 Grand Council. 
 
 Q. What was the nature of those ex- 
 penses? 
 
 A. Payment for printing, the salary of 
 the Secretary, and the payment of the assess- 
 
 *Office Gband Secretary, S. L., t 
 ludianapoUs, , 1864,1 
 
 Mr. 
 
 Dear Sir; Inclosed please find the Constitution for 
 the goTernment of County and Branch TempUs, the 
 Constitution fur the government of the Grand Council, 
 and a portion of the proceedings of the Grand Council at 
 their meeting held on the 16th and 17th days of Febru- 
 ary, 1864. 
 
 You will find, on reference to the Report of the Finance 
 Coraiuittee, that the Grand Council laas assessed a tax of 
 twenty cents on each member of the organization through- 
 out the State, to bo paid on or before the firnt Monday 
 in May next. It is also required tliat each and every 
 County Temple in the State send the Grand Secretary 
 fall reports of the number of their membership, names 
 of their officers, and tho number of branches organized 
 on tho first day of May and each three months thereafter. 
 Prompt attention to the above is urgently reqnestcfl. 
 
 The assessment of 820.00 on each county, in addition to 
 tho twenty cents for each member, is still in force, as far 
 as those cnuuties are concerned tliat have not paid that 
 asaes-ment. 
 
 You win please present the papers to your County 
 Temple immediately, and see that the above require- 
 ments are promptly carried out. 
 
 By the authority of the Supreme Council of tho 
 Uiiiled States, there have been some material changes 
 made in the Ritual, etc, Tou will please send an accred- 
 ited member of your Temple here, as soon as possible, for 
 instruction; and with him you can send the amount 
 due from your county, as the money is absolutely neces- 
 sary, and must be forthcoming. 
 
 ment of the Supreme Council, as well as for 
 the payment of rent and other expenses, 
 
 Q, Were any members of the different 
 County Temples sent in pursuance of the 
 last clause of this circular? 
 
 A, Members were sent with respect to 
 the change in the Ritual of the organiza- 
 tion. The obligations and the lessons and 
 a portion of the passwords and colloquies 
 had been changed, . 
 
 Q. Was there any change in the name of 
 order ? 
 
 A. Yes, sir; the name of the order had 
 been changed to the Order of the Sons of 
 Liberty. 
 
 Q. When and by what authority was that 
 change made? ^ 
 
 A. It was made at the meeting of the Su- 
 preme Council. I was informed by Dodd 
 that the change was made by the authority 
 of the Supreme Council on the 22d day of 
 February. 
 
 Q. Bo your records show any change in 
 the name of the order? 
 
 A. No, sir. I never made any record of 
 the change in the proceedings of the meet- 
 ings. 
 
 Q. From whom did you first receive infor- 
 mation of the change? 
 
 A. From Dodd. 
 
 Q. What position did he occupy ? 
 
 A. That of Grand Commander of the State 
 of Indiana. 
 
 Q. How soon after the 22d day of Febru- 
 ary did you learn of this change? 
 
 A. Immediately after the arrival of Dodd 
 here ; but 1 can not state positively. It was 
 within two or three weeks after the 22d of 
 February, 
 
 Q. Was that change made' known to the 
 subordinate lodges throughout the State? 
 If so, how? 
 
 A, It was made known by means of the 
 circular just read, and through the agents 
 sent out to give information, 
 
 Q. Did any messengers come up from ilr, 
 Milligan's district? 
 
 A. I believe there were some from his 
 Congressional District, I have no recollec- 
 tion of any messengers coming up from his 
 county. There were a number of counties 
 in that Congressional District that were or- 
 ganized in this society. 
 
 Q. Was any person sent up from Mr. 
 Humphreys' district or county ? 
 
 A. No, sir; but persons came np from 
 Sullivan county to obtain instructions, and 
 I believe persons also came up from Vigo 
 county for instructions. 
 
 Q. You may state what these change.* 
 were. 
 
 A. A change was made in the name of 
 the organization ; a change was also made 
 •in the colloquies of' the order, in tho obli- 
 gations, and also in the lessons, 
 
 A pamphlet was here handed to the wit- 
 ness. ' 
 
84 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 Q. Please to examine and state what 
 that pamphlet is? 
 
 A. That was the ritual of the Order of 
 American Knights; the vestibule lesson 
 and the first degree of the Order of Amer- 
 ican Knights. 
 
 Q. Does this contain the obligation that 
 was required to be taken by every member 
 of the Order of American Knights? 
 
 A. I believe it does, sir. The 9bligation 
 of the first degree also required in the ves- 
 tibule. 
 
 A pamphlet entitled V. was here offered 
 in evidence by the Judge Advocate. 
 
 The counsel for the accused objected to its 
 introduction, and proposed to ask the wit- 
 ness some questions respecting the authen- 
 ticity of the pamphlet, to which the Judge 
 Advocate objected ; the counsel for the ac- 
 cused replied : 
 
 May it please the Court: As I discover 
 now that many of these documents are to 
 be introduced, it is important that we 
 should settle the course to be pursued as to 
 their introduction, and, therefore, I desire 
 to submit the question now. 
 
 It is not sufficient for the Judge Advo- 
 cate, in my judgment, to offer such a doc- 
 ument as this to the witness, and the 
 witness, after glancing over it, to say that it 
 is the ritual, without being asked how or 
 where he knew it to be such, and by what 
 authority it was promulgated. Before the 
 document is introduced as evidence, the 
 witness should be passed over to the other 
 side, and we should be at liberty to cross- 
 examine him with respect to this isolated 
 fact, of where this document comes from, 
 how he knows it, and how he knows it was 
 promulgated by competent authority. How 
 does he know that it was received and act- 
 ed upon. In all courts of justice, before 
 a document can be offered in evidence, all 
 these distinct facts as to its identity are 
 gone into and proved. And when a docu- 
 ment has once gone into evidence, we can 
 not object to it. If it goes in evidence on 
 insufficient identity, how are we to rem- 
 edy it? 
 
 It may be said, that if, after the docu- 
 ment has once gone in evidence, we show, 
 on cross-examination, that it is not prop- 
 erly authenticated, the Commission would 
 reject it, or give no weight to it. That 
 might be true with this Commission, but 
 we ought to have the rules of law and cross- 
 examination applied here. We all know 
 that if we were trying a case of this kind 
 before a jury, that the evidence, after once 
 getting before the jurors, would have its 
 influence, though it were testimony that 
 ought not to have been introduced. 
 
 I submit, that before the document can 
 be submitted to this Commission, we ought 
 to have the privilege of cross-examination,' 
 confined strictly to the document, its au- 
 thenticity, and the propriety of its admis- 
 
 sibility to the Commission as evidence. I 
 do not know that this is a matter of very 
 much importance, but it is one which we 
 may as well settle at once, that we may 
 know how we are to be governed here- 
 after. 
 
 The Judge Advocate replied : 
 
 It has already been proved before this 
 Commission, that the witness on the stand, 
 Mr. Harrison, is Grand Secretary of a so- 
 ciety or order, known at present as the 
 Order of the Sons of Liberty. That that 
 order was changed from the Order of Amer- 
 ican Knights. Mr, Harrison stated that he 
 belonged to that order; that he assisted at 
 the inauguration of the order, and was one 
 of its first members in this city, and that 
 he has been its Grand Secretary from that 
 time to this. I hand him this paper, and 
 ask him what it is. After a careful exam- 
 ination, he answers, that it is a ritual of 
 the Vestibule and First Degree, and obli- 
 gation of the First Degree of the Order of 
 American Knights. I then propose to in- 
 troduce this paper before the Commission 
 as evidence ; before that they know nothing 
 of its contents. 
 
 I differ from the counsel. His right, un- 
 der the common law, is to object that the 
 paper has not been sufficiently proved. 
 The question then arises, has it been so 
 brought before this Commission as to make 
 it material, and been .sufficiently connected 
 with the matters in issue to make it im- 
 portant that this Commission should call 
 that paper before them for their examina- 
 tion? I do distinctly say that the coun- 
 sel for the accused can not stop my ex- 
 amination, nor have the power to cross-ex- 
 amine the witness before I turn him over 
 to them for that purpose. He can object 
 that I have not sufficiently laid the foun- 
 dation of any question, or for any paper 
 which I propose to place before the Com- 
 mission and they pass upon that objection; 
 but he can not ask at my hands that I 
 shall turn that witness over to him, until 
 I am through with him, and I do not pro- 
 pose to do it until the Commission or- 
 ders it. 
 
 The objection, as I take it, is to my mode 
 of examination, and I insist on the intro- 
 duction of the paper, because I consider 
 the foundation has been sufficiently laid. 
 If the objection is not insisted on, there is 
 no question before tlie court. 
 
 The counsel for the accused replied: 
 
 I interpose the objection that the paper 
 should not be received in evidence until 
 we have the power at some time — I do not 
 care whether it is now or after the Judge 
 Advocate has closed his examination, as to 
 the paper — to test by a cross-examination 
 the authenticity of that document. The 
 members of this Commission know, that 
 at least in this State, when a note is intro- 
 duced into court, before that note shall be 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 85 
 
 offered in evidence, the counsel on. the 
 other side nre permitted to examine the 
 witness as to its identity and autlionticity, 
 but not as to its contents. And not until 
 that identity and authenticity have boon test- 
 ed and proved, is the document introduced. 
 The court was then closed for delibera- 
 tion upon the objection of the accused, as 
 to whether the pamphlet should be re- 
 ceived in evidence, before the counsel for 
 the accused have an opportunity to cross- 
 examine the witness upon it. 
 
 On the re-opening of the court, the Judge 
 Advocate anno\inced that the objection 
 was overruled, and the pamphlet was re- 
 ceived in evidence. [See Appendix.] 
 
 Q. State what that is, commencing on 
 page 5? 
 
 A. That is the obligation of the Neophyte 
 in the First Degree. The Neophyte lesson 
 was the first in the Order of American 
 Knights, and given in the Vestibule. 
 Q. TVherein do they differ, if at all ? 
 A. A person elected to become a member 
 of the Neophyte organization, received that 
 lesson and no other; he never attended 
 any of the meetings of the Order of Amer- 
 ican Knights ; he was simply taken into the 
 Vestibule, received the obligation, and was 
 discharged. 
 
 Q. What was the status of a person 
 taking the Neophyte degree ? 
 
 A. AH persons becoming members of the 
 organization v.'ere obliged to take the Neo- 
 phyte degree, as the preliminary ; and those 
 considered only worthy to take the first 
 degree were taken, and the oath adminis- 
 tered without their having any knowledge 
 of any further degrees. 
 
 Q. State whether or not the change in 
 this order released the members from the 
 obligations they had taken in the Ameri- 
 can Knights ? 
 
 A. My understanding was, that when the 
 change was made, the members were re- 
 leased from the obligations of the Ameri- 
 can Knights, and took those of the Sons of 
 Liberty. 
 
 Q. Were there any cases in which no 
 changes were made in the order, or in the 
 change of name ? 
 
 A. AVe endeavored to make the changes 
 as perfect as possible. Each of the counties 
 was organized under the Order of Ameri- 
 can Knights, and I can not say positively 
 that there were any counties in which the 
 change was not made, though there may 
 have been some that did not send up dele- 
 gates. 
 
 Q. Did the Supreme Commander of the 
 
 Sons of Liberty exercise control over the 
 
 American Knights ? 
 
 A. Yes, sir ; it is my opinion that he did. 
 
 Q. Upon what do you base that opinion 7 
 
 A. The difference between the Order of 
 
 American Knights and Sons of Liberty was 
 
 this, that when the ritual and obligations 
 
 were changed, it was not necessary for the 
 American Knights to take the obligations 
 of the Sons of Liberty, but simply to as- 
 sume them. It was the same organization 
 with a different name, and different ritual 
 and colloquies, as I understood it. 
 
 Q. Do you know of any thing being done 
 by the Supreme Commander of the Sons 
 of Liberty, as to exercising control over 
 the American Knights? 
 
 A. I do not know that the present Su- 
 preme Commander was ever in the Ameri- 
 can Knights? 
 Q. Who is that? 
 
 .A. Vallandigham. The Grand Command- 
 er of this State was Grand Commander of 
 the Order of American Knights, and exer- 
 cised the same powers over the Sons of Lib- 
 erty. 
 
 Q. After the change, did he exercise the 
 same control as before ? 
 
 A. It was considered the same organiza- 
 tion. 
 
 Q. I understood you to say that it was 
 not necessary to take the obligation of the 
 Sons of Liberty, but to assume it. What do 
 you mean by that? 
 
 A. The persons taking the obligation of 
 the Order of American Knights were not 
 required to re-obligate themselves, and 
 take the obligation of the Sons of Liberty; 
 it was understood that they assumed the 
 obligation, and no requirement was made 
 or carried into force. None of those who 
 took the obligation of the Order of Ameri- 
 can Knights took the obligation of the Sons 
 of Liberty. 
 
 Q. I understood you that those who went 
 into the Sons of Liberty were released from 
 the obligation of the Order of American 
 Knights — how do you explain it ? 
 
 A. I understood that tliey were released 
 so far as the change was concerned. The 
 obligation had been changed, and it was 
 understood that they assumed the new obli- 
 gation. 
 
 Q. If they took any new obligation, were 
 they or were they not released from tire ob- 
 ligation? 
 
 A. I never perfectly understood whether 
 they were or not. 
 
 Q. Were they held to the old obligation, 
 supposing they took no new obligation? 
 
 A. They were supposed to be held to the 
 obligation they had taken. 
 
 [Certain pamphlets were handed to the 
 witness.] 
 
 Q. State if you know what those are ? If 
 so, state what they are? 
 
 A. This book (entitled "S. L.") I know to 
 be the ritual of the first degree, containing 
 the first lesson of the Order of Sons of 
 Liberty. This (entitled "General Laws of 
 the S. L.") is the Constitution of the County 
 Temple of the State. This (entitled '' Con- 
 stitution of the Grand Council," etc.,) is the 
 Constitution of the Grand Council of this 
 
86 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 State for the Sons of Liberty. This (entitled 
 "I") is the ritual of the First Conclave de- 
 gree, or second degree of the Order of Sons 
 of Liberty, and also the Second Conclave or 
 third degree of the Order of Sons of Lib 
 erty. 
 
 Q. Who were required to take the obliga- 
 tions contained in these Eituals? 
 
 A. All persons who became members of 
 those degrees. Those who had become 
 members of the Order of American Knights 
 (of the second and third degree) simply 
 assumed the obligations of the new order. 
 
 The above-named Eituals were here put 
 in evidence on the part of the Court. [See 
 Appendix.] 
 
 Q. I understand you to say that this new 
 order of things was brought about after the 
 return of the Grand Commander from New 
 York. Am I correct? 
 
 A. Yes, sir ; it was after his return from 
 New York, but I can not say positively' how 
 long after. 
 
 Q. When was the next meeting after that 
 of the 16th and 17th of February? and 
 where ? 
 
 A. The next meeting of the Grand Coun- 
 cil of this State was on the 14th of June, 
 1864, at the Hall of Marion Temple. 
 
 Q. Hov; many counties of the State were 
 represented at that meeting? 
 
 A. About thirty counties. 
 
 Q. How many delegates to a county? 
 
 A. Some counties had one, some two, and 
 some more than two. 
 
 Q. How many delegates were present at 
 the meeting? 
 
 A. I should judge about forty members. 
 
 Q. Who presided at that meeting? 
 
 A. The Grand Commander, Mr. I)odd. 
 
 Q. AVho was Secretary ? 
 
 A. I was. 
 
 Q. Who, if any of the accused, were 
 present at that meeting? 
 ■ A. Mr. Bowles, Mr. Humphreys, Mr. Mil- 
 ligan and Mr. Horsey were present at that 
 meeting. A gentleman by the name of 
 Stephen Horsey was present, but I do not 
 );now whether he (the accused) is the man 
 or not; I do not recognize him; at all events 
 he was a delegate from Martin county. 
 
 Q. Did any initiations take place at that 
 time? 
 
 A. Those members who were present who 
 had not received theCouncil Degree, received 
 it at that meeting, but I do not recollect 
 who took it. 
 
 Q. Do you remember whether a Mr. La- 
 Balle was present at that meeting? 
 
 A. Yes, sir. 
 
 Q. Where is Lasalle from? 
 
 A. From Cass county. I do not know his 
 name, but I think it is Charles. 
 
 Q.. Do you remember any persons of this 
 oity who were initiated ? 
 
 A. There were no persons from this city 
 initiated. 
 
 Q. Commence at the convening of the 
 Council and give to the Commission, as 
 nearly as you can, what took place in de- 
 tail; how and by whom it was opened, how 
 you gained admittance, a^nd what was done? 
 
 A. The Grand Council convened about 
 10 o'clock on the morning of the 14th of 
 June, and was in session till 5 or 6 in the 
 evening. I remember that I was very late at 
 the meeting. It was delayed on account of 
 my absence. It was convened by the Grand 
 Commarider, who delivered a short verbal 
 address at the opening of the meeting. 1 
 have no recollection as to what was said in 
 the address. The next business in order 
 was conferring the Grand Council Degree 
 upon those members that had not received^ 
 them. 
 
 Q. Was the Grand Council Degree supe- 
 rior to the Third Degree? 
 
 A. Yes, sir. 
 
 Q. Who was entitled to receive that de- 
 gree? 
 
 A. Those persons who were present who 
 had not received it before. 
 
 Q. Did any member receive that degree ? 
 
 A. No person was given that degree un- 
 less he was elected as a delegate to the State 
 Council ; every delegate to the State Coun- 
 cil was bound to receive that degree before 
 he could act as a member of the CounciL 
 
 Q. What was done after the speech? 
 
 A. There was general business transacted; 
 the most important, I think, was the appoint- 
 ment of a committee of thirteen, whose 
 duty it was to act in the interim of the 
 meeting of the State Council, and to exer- 
 cise the same power that the State Council 
 had. 
 
 Q. Who was appointed on that committee? 
 
 A. I can not say; it was a secret commit- 
 tee; the appointing power was placed in the 
 hands of the Grand Commander, Dodd, who 
 was supposed to be, ex officio, a member of 
 that committee, and had the appointing of 
 them. It was intended to be a secret com- 
 mittee, that should not be known, even to 
 the members themselves, until they were 
 called together. 
 
 Q. Do you know whether or not they 
 were called together? 
 
 A. 1 do not. 
 
 Q. Do you know of any address being is- 
 sued by them? 
 
 A. I have no knowledge of any, save a 
 printed one, that I have seen since I have 
 been in prison; but I knew nothing about 
 it before. 
 
 Q. What was done after the appointment 
 of the committee of thirteen? 
 
 A. After discussions on political matters, 
 there was a resolution to appoint a com- 
 mittee of five to proceed to Hamilton, Ohio, 
 on the next day, tlie 1 5th.* That resolution 
 afterward was amended, by authorizing all 
 
 *Tho occasion of Mr. Tallandigbam's return to Ohio. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 87 
 
 the members to consider themselves mem- 
 bers of that committee. A resolution wus 
 also brought up with respect to Govern- 
 ment detectives becoming members of the 
 organization. It was understood that soino 
 Government detectives had become initia- 
 ted as members of the organization, and 
 a discussion took place, to find whether it 
 was the case or not. 
 
 Q. "Was any one named ? 
 A. A man by the name of Coffin vras said 
 to belong, and there was a general discus- 
 sion in reference to the looseness of the 
 manner in which the initiations were car- 
 ried on, and an appeal made to the mem- 
 bers to be more particular in future. 
 
 Q. Was any thing said as to what was to 
 be done in the matter ? 
 
 A. Nothing within my recollection or 
 knowledge came before theimeeting in a 
 business capacity. 
 
 Q. Did any thing come before the meet^ 
 ing in an unofficial capacity ? or did you 
 learn what was to be done ? 
 
 A. Xo, sir; I did not; but I beard Mr. 
 Dodd remark tliat a person who came into 
 the organization as a Government detective 
 ought to be made away with ; it was a, re- 
 mark made in private conversation, and 
 was not brought before the meeting offi- 
 cially. 
 
 Q. "Was that remark made during the 
 meeting? 
 
 A. It was during the meeting that I heard 
 it. 
 
 Q. "What other business was done at that 
 meeting? 
 
 A. 1 can not recollect any other particu- 
 lar business, save that there were resolu- 
 tions passed in reference to the increase of 
 the organization. I looked upon it at the 
 time as an unimportant meeting. There 
 was no important business transacted. 
 
 Q. Do you know whether or not any per- 
 son did go to Hamilton? 
 A. Xot of my own knowledge. 
 Q. AV'ere any other officers or men ap- 
 pointed ? or any other formal business done 
 at the meeting ? 
 
 A. No, sir; the officers for the present 
 year had all been appointed at the meet- 
 ing in February. 
 
 Q. How was that meeting adjourned? 
 A. SiTie die. 
 
 Q. "Was the June meeting a regular meet- 
 ing of the Council ? 
 
 A. It was a called meeting, called by the 
 Grand Commander, through printed no- 
 tices issued by me, and sent by mail. He 
 requested me to issue notices to the various 
 County Temples, calling a meeting on the 
 14th of June. That was the last meeting 
 of the Grand Council Jield that I attended, 
 and I believe there has been no other 
 meeting of the Grand Council held since 
 that time, either here, or in any portion of 
 the State. 
 
 Q. Do you remember what the strength 
 of the order was computed to be at the 
 meeting in June? 
 
 A. At the meeting in February I received 
 reports from seventeen counties, who re- 
 jjorted the strength within their limits at 
 something over five thousand members. 
 There were some seventeen to twenty otlicr 
 counties that made no rejiorts. I computed 
 their number at twelve thousand. From 
 the reports made in June, there was an in- 
 crease in the organization of about Hventy 
 per cent., making it about fifteen thtiusand. 
 
 Q. What did you compute it to be in 
 September, from the best data you had at 
 that time ? 
 
 A. Taking the ratio of increase from Feb- 
 ruary to June, I should not have put the 
 organization to exceed eighteen thousand 
 members. 
 
 Q. In this number do you include the 
 Order of American Knights, and Sons of 
 Liberty, all who had taken any of the de- 
 grees ? 
 
 A. I mean that it includes the members 
 of fust, second and third degree, members 
 of the organization, but it would not in- 
 clude the members of the Vestibule, sim- 
 ply because there was no report made of 
 those members, they were not considered 
 members of the organization. As a gen- 
 eral thing, the Vestibule members were very 
 few. 
 
 Q. You may name the counties in which 
 this organization existed as far as you can ? 
 
 A. I can not name all of tliem. The or- 
 ganization, so far as I have received reports, 
 existed in the counties of Marion, Marshall, 
 Allen, Huntington, Laporte, Fulton, Cass, 
 Harrison, "Washington, Orange, Gillnt, Madi- 
 son, Crawford, Posey, Vanderburg, and "War- 
 rick. The reports received were from forty- 
 five counties in all. 
 
 Q. Did this order exist in Eandolph 
 county, to your knowledge 7 
 
 A. 1 never received any report of the es- 
 tablishment of any County Temple. There 
 may have been branch Temples; but the 
 order existed to no extent in that county ? 
 
 Q. How about Dearborn county ? 
 
 A. So far as I can recollect, there was no 
 organization in that county. 
 
 Q, "Was Eandolph county represented in 
 any of these meetings by delegates ? 
 
 A. I think not, sir; but I will not state 
 positively. 
 
 Q. Was Cass county represented ? 
 
 A. Yes, sir ; by Mr. Lasalle. 
 
 Q. Was Howard county represented ? 
 
 A. No, sir. 
 
 Q. Do you know any thing of the strength 
 of the organization in adjoining States ? 
 
 A. Nothing positive. I understood that 
 the order was better organized in Illinois 
 than in any other State in the "Union. But 
 I had no information that was official. 
 
 Q. State to the Commission whether any 
 
■TREASON TRIALS AT INDIANAPOLIS. 
 
 steps were taken, to your knowledge, and 
 if BO how far, for the arming or drilling of 
 the organization? 
 
 A. There was, to my knowledge, no reso- 
 lution passed at the meeting of the State 
 Council to arm this organization, or looking 
 to the arming or purchase of arms, or to 
 the drilling of the organization. 
 
 Q. I ask you what, to your knowledge, 
 was done ? 
 
 A. I have no knowledge of the arming or 
 drilling of the members of the organization. 
 Q. Do ytu know of any attempt to arm 
 tlie organization ? 
 
 A. I do not know any thing at all about 
 arms, except those that were seized here 
 last August 
 
 Q. What was done or said in an official 
 way, looking to the drilling and arming of 
 the organization, and any acts of the leaders. 
 A. I have no knowledge of ijhe purchase 
 of any arms, or any attempt to arm the 
 organization, or of the organization or any 
 portion of it being under drill. 
 
 Q. What do you know about the arms 
 seized here ? 
 
 A. I had no knowledge of the purchase or 
 the shipment of these arms until about four 
 or five days previous to their arrival. Mr. 
 Walker came to my house one night, be- 
 tween 9 and 10 o'clock. He asked me if 
 I knew whether Mr. Dodd had informed 
 Parsons that there would be some boxes 
 coming here addressed to him. I told him 
 I did not. He then said that he should 
 like me to say to Parsons that there would 
 be some boxes arriving in a day or two, 
 which he would like him to take in and 
 take care of until he returned. I can not 
 say whether Walker stated at that inter- 
 view that these boxes contained arms or 
 not. I went down the next morning and 
 asked Parsons if Dodd had informed him 
 that these boxes were coming. He said 
 that he had, and that he had received the 
 information. I left the city on that day, 
 and was absent three or four days. The 
 morning after my return to the city, I went 
 down to Dodd's office, and I saw on the 
 sidewalk five or six boxes addressed " J. J. 
 Parsons, Indianapolis, Ind." Parsons was 
 engaged in getting these boxes into the 
 building. I asked him if these were 'the 
 boxes spoken of, and he said they were. 
 The boxes were taken up to the second 
 floor, and put in a bade room of the build- 
 ing. I went there as they had been placed 
 there, and asked him if he knew what 
 those boxes contained. He said he did. 
 I asked him what they contained. He said 
 pistols. 
 
 Q. Was Mr. Parsons a member of the 
 Order of Sons of Liberty 1 
 
 A. He was, sir. He gave me the infor- 
 mation as to what the boxes contained. 
 Q. Did he say what they were for ? 
 A. No, sir. 
 
 Q. Did Dodd say what they were for ? 
 
 A. No, sir. Dodd never mentioned the 
 boxes or pistols in any manner. 
 
 Q. How many boxes were received here 
 at that time ? 
 
 A. I understood ten boxes were received. 
 
 Q. Were any more received? 
 
 A. Yes, sir. Twenty-two boxes were re- 
 ceived about two weeks after. 
 
 Q. Did you learn who had purchased or 
 shipped these arms ? 
 
 A. I never learned who purchased these 
 arms until after I was arrested, when I saw 
 the card published by Mr. Walker. I do 
 not know of my own knowledge. 
 
 Q. What became of these arms ? 
 
 A. I understood that they were seized by 
 the authorities here. 
 
 Q. Did you have any conversation with 
 Parsons about the dispositions of these 
 arms? 
 
 A. No, sir. I think Mr. Parsons knew 
 nothing about the matter until the arms 
 had been shipped, and until a, few days 
 previous to their arrival. It is my im- 
 pression he derived his information from 
 Dodd. 
 
 The Judge Advocate here handed the 
 witness a letter, and asked : 
 
 Q. Do you know by whom that letter 
 was written ? 
 
 A. That letter is in Mr. Walker's hand- 
 writing, I should judge, but I could not 
 swear particularly to it 
 Q. Did you ever see that letter before? 
 A. 1 never did, sir. 
 
 The letter dated "New York, May II, 
 1864," addressed to "My Dear Dodd," and 
 signed " Yours truly, W.," was here intro- 
 duced in evidence by the Judge Advocate. 
 The Judge Advocate handed a letter to 
 the accused, L. P. Milligan, and asked: "Is 
 that your handwriting?" 
 
 A. The accused, L P. Milligan, replied 
 "that is my handwriting." 
 
 A letter, dated "Huntington, 9th May, 
 1864," addressed to "Gen. H. H. Dodd," 
 and signed "L. P. Milligan," was here in- 
 troduced in evidence by the Judge Advo- 
 cate.* 
 
 *HijNTiNOTON, Inb., 9th May, 1S6*. 
 
 Gou. H. H. Dodd— Dear SJr : Tours of the 2d inst. 
 came when I was absent at Notre Dame, and I haTo now 
 just read it, and am unable to make any definite reply. 
 I -will barely allude to what may afford a text for reply 
 in future. 
 
 As to the Gubernatorial question, it may not have oc- 
 curred to you the uncHviablo connection in which ray 
 name has boon used. It was announced in consequence 
 of the declination of the Hon. J. B. McDonald to be a 
 candidate, conceding that if he was a candidate there wa» 
 no desire to use my name ; now I understand ho is; hence 
 I am not called upon by any public notice to be such. 
 But waiving all this as the result of mere accident, and 
 not proffered as an indignity to me, by placing mo second 
 in talents and patriotism to J. B. McDonald, there ll 
 a still more grave difficulty in the way. The announce- 
 ment of ray name lor Governor, was made by McDonald"! 
 friends. Now it in duo to them that I should decliM, 
 beoauso I could not represent them ; there is no similar, 
 ity between us. And all this is not so discouraging as tha 
 fact that men of the stamp of Judge Hanna, whose pro- 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 89 
 
 Q. Do you know P. C. Wright? 
 
 A. The first time I met him was at Terre 
 Haute, about the 27th of August, 1863. In 
 a conversation I had with him, he informed 
 me that he had oi'iginally resided at New 
 Orleans. That he had been compelled to 
 leave there on account of his Union senti- 
 ments, and removed to St. Louis, Missouri. 
 At the time I saw him, ho was staying in 
 Chicago, and represented himself to be an 
 Attorney at Law. 
 
 Q. Do you know where he is now? 
 
 A. I do not know positively, but I under- 
 Bttfbd he was in Fort Lafayette. 
 
 The Commission then adjourned, to meet 
 on Tuesday, October 25, at 2 o'clock, P. M. 
 
 Count Boom, Indianapolis, Indiana, 1 
 October 26, 1804, 2 o'clock, P. M. J 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present: Also, the 
 Judge Advocate, the accused and their 
 counsel. 
 
 The proceedings were read and approved. 
 
 Edwin A. Davis, one of the counsel for 
 Andrew Humphreys and Horace Heffren, 
 submitted to the Commission the following 
 paper: 
 
 To the President and Members of the Military 
 Commission : 
 
 At the commencement of this trial, two of 
 the defendants asked and obtained leave of 
 this Court for me to act as their counsel. I 
 now, with their consent, desire to withdraw 
 from the position I have since then occu- 
 pied, in such a manner as not to prejudice 
 their interest before this tribunal. 
 
 The determination of the Court that all 
 the defendants should be tried jointly, in- 
 sures them all able and experienced coun- 
 BeL 
 
 I may also say, that when I was retained 
 in behalf of the defendants, I had but little 
 idea of the nature of the charges and evi- 
 
 Ifession of principles I could represent, prefer McDonald 
 on ftcnouut of his supposed aTailability, it detracts much 
 from my confidence in our ultimtite success. When men 
 of so much seeming patriotism are willing for more tom- 
 
 fiorary purposes to abandon the great principles of civil 
 iberty, what will those of less pretensions do, when the 
 real contest comes, when life and property all depend on 
 the issue, when bullets instead of ballots are cast, and 
 when the hatler ia a preamble to our platform ? For nu- 
 lesB Federal encroachments are arrested in the States by 
 the effort as well of the legislators as the executive, then 
 will our lives and fortunea follow where our honors will 
 have gone befor*. 
 
 1 am willing to do whatever the cause of the North-west 
 may require, or its. true friends may think proper, but^I 
 am as well convinced that upon mature reflection they 
 will not ask me to obtrude myself upon the public, nor 
 will they ask me to he, KcDonald's contingent. 
 
 I have great confidence in your good hard man «fii«e, 
 and cool judgment, hence I find it difficult to disregard 
 your advice in the matter, and before giving to the 
 world my position on the question I wish to seo you per- 
 •onally. Yours truly, L. P. MII/LIGAN. 
 
 K. B. Afy last was confidential ; this is more so, be- 
 cause 1 bare given rent to ftelingi that are purely 
 JlTiTate. L. P. UILLIGAN. 
 
 dence that would be produced against them; 
 but from the nature of these prosecutions, 
 and for otlier reasons growing out of my re- 
 lation to the Government as United States 
 Commissioner, wliich renders it improper 
 that I should defend a class of cases fre- 
 quently brought before mo as an examining 
 ofl&oer of the Govei'nment, I ask of this 
 Court that my request be granted, and these 
 reasons for my withdrawal be spix-ad upon 
 the records of the Court. 
 
 EDWIN A. DAVIS. 
 
 The request of Mr. Davis was granted by 
 the Commission. 
 
 The testimony of William M. Huri-ison, a 
 witness for the Government, was then re- 
 sumed as follows: 
 
 Question by the Judge Advocate: 
 
 State whether a Military Committee was 
 appointed at the meeting of the Grand 
 Council, on the 14th of June? and if so, 
 who were appointed? 
 
 A. I have no recollection of the appoint- 
 ment of such a committee at that meeting. 
 
 Q. Did you receive any reports from any 
 of the accused, relative to the strength of 
 the organization in their respective coun- 
 ties ? 
 
 A. I received a report from Mr. IIe£fren, 
 at the meetings of the 16th and 17th of 
 February, of its strength in his county. 
 I have no recollection of any report from 
 others. 
 
 The Judge Advocate here handed the 
 witness a letter addressed to " H. I. Stew- 
 art, Boundary, Indiana," and signed "H.," 
 and asked : 
 
 Q. Do you recognize the handwriting of 
 that paper, and know by whom it was 
 written ? 
 
 A. Yes, sir. It was written by me as 
 Secretary of the order, on the day on which 
 it is dated, in reply to a letter addressed to 
 me as Secretary by H. I. Stewart. 
 
 Q. Was he a member of the order ? 
 
 A. The letter was from a man I had 
 never heard of before I had received it. 
 The writer purported to be Secretary of a 
 County Temple. He wrote on business 
 connected with the order. 
 
 The Judge Advocate here proposed to in- 
 troduce the letter in evidence. The coun- 
 sel for the accused objected for the follow- 
 ing reasons: 
 
 That the letter is a reply to a communi- 
 cation from a person not yet proven to be 
 a member of the order. It is an immate- 
 rial letter, and proves nothing in iaswus be- 
 fore this Court. 
 
 The Judge Advocate replied : 
 
 There are several issues presented in thi.? 
 case, which I view differently from the 
 counsel for the accused. Mr. Harrison say* 
 this letter was written by him in his official 
 capacity as Grand Secretary, to a man 
 whom he supposed was a member of th» 
 order. Any instructions the witness gave, 
 
90 
 
 TEBASON TRIALS AT INDIANAPOLIS. 
 
 whether written or verbal, in reference 
 to the order, are competent as evidence, 
 and are competent as showing how the 
 order worked, and whether its affairs were 
 conducted in an open or secret manner. 
 Instructions given to any temple, are also 
 competent evidence. 
 
 The counsel for the accused wished the 
 objection to go on record, that the letter 
 might go in as evidence, under protest, 
 'file Judge Advocate replied : 
 There can be no protest in this Court 
 If objections are made by the counsel for 
 the accused, they come before the Court to 
 be sustained or overruled. 
 
 The court room was then cleared for de- 
 liberation. 
 
 On the re-opening of the court room, the 
 Judge Advocate announced to the accused 
 that the objection had been overruled by 
 the Commission, and the letter was received 
 in evidence.* 
 
 The letter was here read by the Judge 
 Advocate. 
 
 Question by the Judge Advocate: I un- 
 derstood you to say this letter was never 
 sent ; how was that ? 
 
 A. I wrote the letter the same day I re- 
 ceived the letter from Stewart. I had in 
 a measure become dissatisfied with the or- 
 der, and had resolved to abandon it. I 
 hesitated about answering any letters, but 
 wrote this on the spur of the moment and 
 placed it in my pocket, without determin 
 ing whether I should send it. I was arrest- 
 ed, and this letter was found upon me and 
 taken from me. 
 
 Q. "When were you arrested? 
 
 A. On Saturday, the day the letter was 
 written. 
 
 Question by the Court: 
 
 Q. Did an answer to the letter from H. I. 
 Stewart come within the general scope of 
 your duties as Grand Secretary ? 
 
 A. I answered every letter that came di- 
 rected to me as Grand Secretary, without 
 any special directions from the Council. 
 
 Question by the Judge Advocate : 
 
 State to the Court if there ever came to 
 your knowledge any plan for the intended 
 uprising of this order? If so, state from 
 whom you obtained that knowledge, where 
 the uprising was to be, and all the circum- 
 stances connected with it. 
 
 A. I received my information from Har- 
 rison H. Dodd, that there was a design in 
 progress, or in contemplation for the release 
 of the prisoners of war confined at this 
 point, at Chicago, and at Book Island, lUi- 
 
 * INDUMAPOLIS, August 20, 18C4. 
 
 Mr. H. I. Stewart, Boundary, ludiaua — Dear Sir: 
 Youra under date of the 17th inataut is at baud. Any 
 information that you may desire can he had by sending 
 »n accredited person here. Written communications are 
 played out, as all letters are opened and read by Lincoln 
 spies and hirelings during their transmisHion through 
 the mails. The Beader can be had at SI 20 per dozen. 
 Truly yours, H. 
 
 nois. That plan had not been fully de- 
 cided on ; but if decided on, he was to have 
 charge of the release of the prisoners at 
 this point. He desired to have a Demo- 
 cratic mass meeting called about the 16th 
 of August, and used his influence to induce 
 the Democratic State Central Committee 
 to call that meeting. If they did so, he in- 
 tended to send out circulars to the mem- 
 bers of the order in the various counties, 
 authorizing the members to come up to that 
 meeting armed. If the meeting had been 
 held at that time, there would have been 
 an uprising. 
 
 Q. When and where did he state this to 
 you? 
 
 A. At his residence, on the evening of 
 the 29th of July I think. It was on Fri- 
 day evening, the same evening that the 
 bulletin board of the Journal ofBce an- 
 nounced that there would be a full exposi- 
 tion of the Order of the Sons of Liberty in 
 the Journal of the next morning. 
 
 Q. Was that prior or subsequent to the 
 meeting at Chicago, to which you have al- 
 luded? 
 A. It was after the Chicago meeting. 
 Q. Did podd at that time state to you 
 when and where this plan for revolution 
 had been agreed upon ? 
 
 A. He stated to me that he had been to 
 Niagara Falls, and from there to New York 
 City; that he returned again to Niagara 
 Falls, and from there he went to Chicago. 
 I understood him that this whole plot had 
 been arranged at Chicago. 
 
 Q. Did he give the names of the persona 
 whom he consulted in reference to this 
 plan? 
 A. He mentioned no names. 
 Q. Did he mention whom he had met at 
 Niagara Falls? 
 
 A. He stated that he met there the par- 
 ties representing themselves as Peace Com- 
 missioners. 
 
 Q. At what date and to whom did he re- 
 fer? 
 
 A. It was about the time of the meeting 
 of the Peace Commissioners at Niagara 
 Falls. I suppose he referred to the Peace 
 Commissioners on the part of the rebel 
 States. 
 
 Q. Did he state what the rebel prison- 
 ers were to do after the uprising on the 
 16th? 
 
 A. He stated, in an informal way, that 
 they were to aid and assist in the uprising 
 here. 
 
 Q. What were they to do after the upris- 
 
 ing? 
 
 A. If successful in the uprising, they 
 were to be taken South. 
 
 Q. What was that success to consist in ? 
 
 A. In revolution. 
 
 Q. What was to be revolutionized ? 
 
 A. The Government, as far as the State 
 was concerned. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 91 
 
 Q. Did he have reference to the General 
 Government ? 
 
 A. He said nothing about the General 
 Government. It vras a revolution which 
 was to take place in this State. 
 
 Q. How was this uprising to take place, 
 and at whom was it aimed ? 
 
 A. By the aid of the rebel prisoners, who 
 ^ were to be released through his instrumen- 
 tality, and that of the persons who came in 
 to the meeting to be held here on the 16th, 
 they were to have an uprising and overturn 
 the State Government. 
 
 Q. Who was to be Governor after that rev- 
 olution ? 
 
 A. He did not state. 
 
 Q. Did he state particularly his plan for 
 the release of the rebel prisoners, and how 
 the guards were to be overpowered ? 
 
 A. He said if the thing was decided on, 
 he was to release the prisoners here. He 
 was to surprise the camp, and seize the ar- 
 tillery here, and in the confusion and ex- 
 citement of the moment effect the success 
 of the plan. He thought he could do this 
 with about one hundred and fifty men. 
 That was his idea which he communica- 
 ted to me? 
 
 Q. You may state whether there is an 
 unwritten work of the order ? 
 
 A. There is. 
 
 Q. You may now give to the Court an ex- 
 position of what that is, giving the collo- 
 quies, signs, grips and . passwords. 
 
 A. The unwritten work of the order con- 
 sists in the signs, grips, password* and col- 
 loquies of the order. That portion of the 
 work of the organization was never written, 
 but communicated verbally. 
 
 Q. You may now give the unwritten part 
 of the Vestibule degree? 
 
 A. The Vestibule lesson is that in whichall 
 persons who design to become members of 
 the order are first instructed. It was so 
 arranged that a person who took the Vesti- 
 bule degree, knew nothing beyond that. In 
 a large city they could have societies of 
 the Sons of Liberty, composed of members 
 who had gone no further than the Vestibule 
 lesson, and meet as general political clubs. 
 They would be bound by the obligations of 
 the Sons of Liberty, but know nothing 
 further of the organization than that lesson. 
 
 The sign of recognition was made by 
 standing erect on both feet, placing the heel 
 of the right foot in the hollow of the left, 
 with the arms folded in the ordinary man- 
 ner. A member of the order noticing me 
 in this posture, would suppose he was 
 challenged. He would place himself in the 
 same position and challenge me. He would 
 extend his right foot to meet mine and use 
 the following colloquy: I would say "nu," 
 he would answer "oh," I would reply "lac," 
 he would say "S.," I would answer " L.," he 
 would say, "Give me liberty" — I would an- 
 swer " or give me death." There is also a 
 
 signal of distress. You place the left hand 
 on the right breast, and raise the right hand 
 directly in front to its full hight once. This 
 is given in the day-time. If at night, you 
 give the cry of distress " oak-houn," repeated 
 three times. You wait a moment, and then 
 repeat it three times, and continue this un- 
 til assistance comes. The members of this 
 degree were also instructed that it was the 
 duty of each member of the order to repair 
 immediately to the spot and assist the mem- 
 ber giving tlio signal. They were also in- 
 structed that the acorn was the universal 
 emblem of the society. If the person was 
 not deemed worthy to take any further de- 
 grees he was dismissed. The members of 
 that degree never knew any thing officially 
 of the further organization of the order. 
 
 In the first degree the sign of recognition 
 is the same as in the Vestibule degree, ex- 
 cept that the index finger of the left hand 
 was placed on the right arm, when the arms 
 were folded. We were instructed that this 
 meant State rights and Stale sovereignty. 
 If a member gave that sign, it was the duty 
 of another seeing it, to advance and recog- 
 nize him. The grip of the first degree is an 
 ordinary grip, in which the index finger is 
 placed upon the wrist, extending upward. 
 That is entitled the grip of the acorn. The 
 colloquy is repeated thus: "If I go to the 
 East"— "I will go to the West." "Let there 
 be no strife" — "between mine and thine" — 
 "forwe"— "bebrethren." "0"— "S"— "L"— 
 "Resistance to tyrants" — "is obedience to 
 God." [The colloquies are pronounced al- 
 ternately, as indicated by the dashes.] This 
 is the colloquy of the first degree. In this 
 degree members were instructed in the 
 mode of entering a temple. The password 
 of that degree was changed monthly in each 
 County Temple, wliicli adopted its own 
 password. The members were instructed 
 that the acorn was the universal emblem 
 of the order, representing strength, growth, 
 and durability. Those initiated into this 
 degree were welcomed as full members of 
 the Order of Sons of Liberty. 
 
 The sign of recognition of the second de- 
 gree is given with the body in the same po- 
 sition as in the first degree, the hands being 
 crossed on the abdomen, the right hand on 
 the left and the thumbs pointing upward to 
 a point, which is said to represent the star 
 Arcturus. The colloquy is; "What — a star — 
 Arc — turus. What of the night ? — JMorning 
 Cometh — Will ye inquire ? — inquire ye — re- 
 turn — come." Members were instructed 
 that a five-pointed star of any metal could 
 be used as an emblem of that degree, The 
 password was "Orion," pronounced as a test, 
 by giving the long sound to "i" in the sec- 
 ond syllable. This is the unwritten por- 
 tion of the second degi'ee, except the man- 
 ner of entering the temple. 
 
 The third degree is similar to the second 
 in the position of th e body. The sign of rccog- 
 
92 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 nition is made by crossing the arms on the 
 chest, the right arm upon the left, and the 
 fingers pointing to the shoulders. The col- 
 loquy is: "Whence — seir? How — by the 
 ford? Name it — Jaback— Your password 
 — "Washington." The response is "Bayard." 
 The distinct pronunciation of the last syl- 
 lable, •' yard," being a test of membership. 
 
 The sign of the Grand Council degree is 
 given by clasping the right hand, and taking 
 hold of the elbow of the right arm with 
 thfe left hand ; then give a simple shake of 
 the hand; turn one quarter to the left, with 
 the arms folded, and repeat the colloquy : 
 " Whence — America — North — South." The 
 password of the Grand Council degree is 
 "America." 
 
 A member who wishes to enter a Temple 
 of the first degree, makes some alarm at the 
 outer door- If he is known to be a Son of 
 Liberty, he would be admitted on giving the 
 password, without any further trouble. If 
 not known, he gives the password and is 
 admitted into the ante-room, and sends in 
 his name and that of the County Temple to 
 which he belongs, and states that he is a 
 visiting brother. His name is reported to the 
 presiding officer. When the name is an- 
 nounced to the members present, if any know 
 him they vouch for him ; if not vouched for, 
 a committee of two is appointed to test him 
 in the degree in which the Council is work- 
 ing. If found perfect, he is admitted ; if 
 he fails, he is rejected. The manner of 
 entering Temples working in other degrees, 
 is the same, with the exception of the pass- 
 word used. 
 
 Close of the direct examination. 
 
 CK0SS-E3CAMINATI0N. 
 
 There were no other lessons or teachings 
 pertaining to the unwritten work of the 
 other degrees, than those I have given. The 
 military features of the Order of the Ameri- 
 can Knights and the Sons of Liberty were 
 the same. From what I)odd communicated 
 to me, I was impressed that therevolutionary 
 scheme included Illinois as well as Indiana, 
 and that himself mainly, and certain others 
 who knew of the intended scheme, as far as 
 it was decided upon, were to participate in 
 carrying it out, and in the event of circum- 
 stances favoring, the whole organization was 
 to be drawn into it. The intended revolu- 
 tion was not discussed in Council ; Dodd 
 seemed to look rather to the action of in- 
 dividual members of the order in this State. 
 He was to take charge of the liberation of 
 the prisoners at Camp Morton, near this 
 city. Dodd remarked to me that he wanted 
 to influence the State Central Committee to 
 call a Democratic mass meeting here about 
 the 1 6th of August. If it had been called 
 he was to issue secret circulars to members 
 of the order, and have them come armed 
 and prepared for an uprising. I do not be- 
 lieve that the majority of the first and sec- 
 
 ond degree members ever knew or thought 
 that revolution in Indiana was contemplated. 
 Dodd, I know, contemplated holding a meet- 
 ing here, of the leading men of the organi- 
 zation, for the discussion of his plans, and 
 the meeting, I understood, took place on 
 the Tuesday following the Friday on which 
 I had the conversation referred to. The 
 meeting was convened by circular sent by 
 Mr. Dodd. The military bill adopted in the 
 Council, referred to in my direct examinar 
 tion, was introduced in pursuance of injunc- 
 tions received from Mr. Wright, the origi- 
 nator of the organization in this State. His 
 instructions were that the order must have 
 a certain number of major generals, briga- 
 diers, colonels, etc. Mr. Wright was Su- 
 preme Commander at the time. The mili- 
 tary bill was in Dodd's handwriting. The 
 military appointments were made by the 
 delegates present from various military dis- 
 tricts, who selected a person for major 
 general for their district; that person was 
 announced to the Council, and the nomina- 
 tion confirmed in Council. I can not state 
 positively whether Mr. Milligan was present 
 or not when the military bill was discussed. 
 Neither Mr. Heffren nor Mr. Humphreys 
 was present. These appointments were 
 made at the first meeting held about the 
 10th of September, 1863. Hefiren was 
 present at the meeting of the 16th and 17th 
 of February, and that was the only meeting 
 I ever saw him at. Bowles in the February 
 meeting declined becoming a major general 
 unless certain changes were made in the 
 length of the term of service. The change I 
 understood was made, and I did not hear him 
 object after that. I have no knowledge as 
 to Humphreys accepting his nomination. 
 He was not present at either the February 
 or September meetings; but was present 
 here at the June, 1864, meeting; though I 
 did not see him in the room till the even- 
 ing, and then only for half or three-quarters 
 of an hour. I did not see him at the Terre 
 Haute meeting. I know that Mr. Hum- 
 phreys was a member of the order from the 
 fact that I saw him at the meeting on the 
 14th of June, but have no knowledge of his 
 initiation, nor of that of a majority of the 
 members of that Council. No person who 
 was not a member, ever, to my knowledge, 
 entered the Grand Council. It convened in 
 the Marion County Temple, in the fourth 
 story of Dodd's building, and was in session 
 from 10 in the morning until 9 in the even- 
 ing, adjourning for dinner and supper. Mr. 
 Humphreys was there at night. I saw him 
 there, and also saw him at my office after 
 the meeting adjourned. Mr. Dodd told me 
 he saw the Peace Commissioners at Niagara 
 Falls, and had conversations with several of 
 them, but did not say any thing about meet- 
 ing them in a secret manner; I do not knovf 
 whether he was conspiring with them, or 
 was simply introduced to them. I know that 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 93 
 
 Mr. Heffren was Deputy Grand Commander, 
 but never heard from him in reference to 
 the organization after the 17th of February; 
 he was not present at any meeting after 
 that. 
 
 RE-EXAMNATIOK 
 
 Question by the Judge Advocate: 
 
 Who were the parties that were sent for 
 to be present at the Tuesday meeting ? 
 
 A. Mr. Dodd informed me that he in- 
 tended sending for Mr. Milligan, for Dr. 
 Bowles, Mr. Hvimphroys, and Dr. Yeakle; 
 those are all that 1 recollect his mentioning 
 to me. 
 
 Q. Did you learn whether he sent for 
 those persons ? 
 
 A. 1 did not; from him. 
 
 Q. Did you learn it from any other mem- 
 ber of the order? 
 
 A. Dodd told me he had sent his boy for 
 one of those parties, and he sent me for 
 another of the parties. He said he sent his 
 boy to Dr. Bowles; I went to Mr. Milligan. 
 
 Q. Did you see him? 
 
 A. I did. 
 
 Q. Did you tell him your message? 
 
 A. J did. 
 
 Q. What did he say? 
 
 A. He said that he did not know whether 
 he could be present, but would try to be. I 
 was instructed by Mr. Dodd to say that 
 there would be a very important meeting, 
 and he ought to be present. I do not know 
 whether they were present or not. 
 
 Q. How do you recollect the presence of 
 Mr. Humphreys on the 14th of June? 
 
 A. He had never been present at any 
 meeting before. 
 
 Q. Was your mind specially directed to 
 him? 
 
 A. No, sir. 
 
 Q. Did you see him enter the room? 
 
 A. I do not recollect seeing him enter it. 
 I saw him in the room just previous to the 
 adjournment. 
 
 Q. Were any persons admitted to the 
 Grand Council who were not members be- 
 fore? 
 
 A. No, sir; not to my knowledge. 
 
 Q. Could any person have obtained ad- 
 mittance except through the regular pro- 
 cess of working into the meeting? 
 
 A. No person who was not a member 
 could gain admittance. Those delegates 
 who were not members of the Grand Coun- 
 cil degree, were initiated. They had to be 
 delegates to be initiated in the degree, and 
 become members of the Grand Council. 
 
 Q. In case that uprising was to have taken 
 place, who was the proper officer to lead the 
 uprising ? 
 
 A. I should judge Mr. Dodd was the of- 
 ficer. 
 
 Q. Had he the power, in an official capa- 
 city, to order that here? 
 
 A. It was vested entirely in Mr. Dodd. 
 
 Q. Had he the power to order members 
 of the order at will ? 
 
 A. He had. 
 
 Q. Did he have the power to call all 
 meetings? 
 
 A. Yes, sir. 
 
 Question by the Court: 
 
 AVas the circular sent which said he would 
 send to the difl'erent temples, directing the 
 members to appear here at the Democratic 
 Convention armed? 
 
 A. He did not send any to my knowledge. 
 He did not say he had sent them. 
 
 Q. Was the convention called? 
 
 A. It was not. 
 
 The Commission then adjourned, to meet 
 on Thursday, the 27th of October, 1864, at 
 10 o'clock, A. M. 
 
 CouET Roou. Indianapolis, Indiana, ) 
 October 27, 1864, 10 o'clock, A. M. J 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present. Also, the 
 Judge Advocate, the accused, and their 
 counsel. 
 
 The proceedings were read and approvea. 
 
 The whole of the session being occupied 
 in reading the testimony, the Commission 
 adjourned, to meet at 2 o'clock, P. M. 
 
 CouET Room, Indianapolis, Indiana, ) 
 October 27, 1864, 2 o'clock, P. M. / 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present. Also, the 
 Judge' Advocate, the accused, and their 
 counsel 
 
 Wesley Teanter, a witness for the Gov- 
 ernment, was then introduced, and being 
 duly sworn by the Judge Advocate, testified 
 as i'ollows : 
 
 Question by the Judge Advocate: 
 
 State your name and place of residence. 
 
 Answer. Wesley Tranter; Shoals Station, 
 Martin county, Indiana, has been my home 
 for four years. 
 
 Q. What has been your business for the 
 last year ? 
 
 A. I have been running a saw-mill and 
 building bridges down South. My occupa- 
 tion before was that of a miller. 
 
 Q. State whether or not you ever joined 
 a society called the Knights of the Golden 
 Circle, American Knights, or Sons of Lib- 
 erty? 
 
 A. Yes, sir; 1 joined an order in May, 
 1863, called the Circle of Honor; the last I 
 joined was called the Knights of the Golden 
 Circle. 
 
 Q. Where was that? 
 
 A. It was close to the Shoals. 
 
 Q. How long did you belong to that or- 
 ganization ? 
 
 A. Up to January, 1864, when it was 
 turned into the Knights of the Golden Cir- 
 cle, the second degree. 
 
94 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 Q. State the circumstances of your join- 
 ing the Circle of Honor. 
 
 A. I saw Mr. Horsey, the man sitting 
 there (the witness here pointed to the ac- 
 cused, Stephen Horsey), at the Shoals, in 
 May, 1863. He came to me and said they 
 were getting up a concern ; he did not state 
 what it . was, but it was something in de- 
 fense of the country — -but he did not ex- 
 actly tell me what it was at first, nor the 
 name of it. I joined it, and they called it 
 the Circle of Honor. Horsey said they 
 wanted to find out what was the strength 
 of the Democratic party at that time. 
 
 Q, Where were you initiated? 
 
 A. In an old house belonging to a man 
 by the name of Gaddis, about a mile and a 
 half from the Shoals. It was a vacant 
 house at the time. 
 
 Q. How many were there ? 
 
 A. I could not say, exactly; I reckon 
 about ten. 
 
 Q. Who initiated you ? 
 
 A. Mr. Horsey and Clayton initiated me. 
 
 Q. Who presided at that meeting ? 
 
 A. Mr. Horsey. 
 
 Q. Did you take any obligation at that 
 time? If so, state what i,t was. 
 
 A. Yes, sir ; but I do not recollect what 
 the oath was; it was pretty long. There was 
 something about being torn into four parts 
 before we would reveal the proceedings; 
 ones part was to be cast out at the east gate, 
 one at the north gate, one at the south gate, 
 and one at the west gate. 
 
 Q. Did you learn what the gates meant ? 
 
 A. No, sir. 
 
 Q. Was any business transacted at the 
 meeting besides the initiation? 
 
 A. None at all. 
 
 Q. When was the next meeting you at- 
 tended, and where;? 
 
 A. I think the next meeting was across 
 the river, at the Pinnacjle, at a little vacant 
 house. About the same persons were pres- 
 ent as at the other meeting. Mr. Horsey 
 presided at that meeting. 
 
 Q. What was done at that meeting ? 
 
 A. They took in two others. 
 
 Q. When and where was the next meet- 
 ing? 
 
 A. In the latter part of the summer of 
 1863, somewhere in the woods, about a 
 couple of miles from the Shoals; it was back 
 and east of Horsey's place. About eight or 
 ten were at that meeting. - ' 
 
 Q. Were any steps taken, by the order, 
 toward arming or drilling ? 
 
 A. Something was said about it; they 
 wanted to give me an office, but I would 
 not accept it. They said we were to drill, 
 and be ready; that we were to have our 
 guns fixed in case any thing should happen 
 or the soldiers should ever molest us, or 
 any thing of that kind. 
 
 Q. What was the purpose of this organi- 
 zation. 
 
 A. Its purpose came out toward the last, 
 that we were to support Jeff Davis; that we 
 were to have our guns fixed; that we did 
 not know what hour we should be called on 
 to have a general turn-out to support Jeff 
 Davis, either North or South. That is what 
 they said in the Knights of the Golden 
 Circle ; but in the Circle of Honor they did 
 not go so far. 
 
 Q. You say this meeting in the woods 
 was in the latter part of the summer ; when 
 was the next ? 
 
 A. About the 27th or 28th of Januai-y, 
 1864, when the order was changed to 
 the Knights of the Golden Circle. 
 
 Q. Who were the oflBcers of that organi- 
 zation ? 
 
 A. The head man was John W. Stone. 
 
 Q. Where did you meet ? 
 
 A. At Gaddis' house. 
 
 Q. How many were present? 
 
 A. Somewhere about thirty. 
 
 Q. How did you happen to go to that 
 meeting ? 
 
 A. I was asked to go by Anderson Scar- 
 lett. 
 
 Q. Whom do you remember seeing at 
 that meeting ? 
 
 A. John W. Stone, John Teney, William 
 Teney, Ike Teney, Stephen Horsey, the ac- 
 cused, Golden Green, and some few others. 
 
 Q. State, as nearly as you can, what was 
 said and done at that meeting. 
 
 A. I went there from the Shoals, and got 
 into the meeting by giving the sign. It 
 was a grip. After we were in, Ho:;sey made 
 a little speech, and said we were' to have 
 something different from the other order. 
 He had a book, and said something about 
 the K. G. C's and Knights of the Golden 
 Circle. He said that before any man was 
 taken in, two persons were to stand good for 
 him, that he should not divulge any of the 
 secrets, William Teney and Hiram Apples 
 rose and stood for all. Some ten or fifteen 
 were sworn in. The oath differed from the 
 former oath, but I can not recollect it; 
 there was something about supporting Jeff 
 Davis, North or South. In a speech that 
 John W. Stone made, there was something 
 said about putting Governor Morton out of 
 the way. 
 
 Q. Was Horsey present during this 
 speech ? 
 
 A. Yes, sir. 
 
 Q. Did he make any speech ? 
 
 A. Not that 1 recollect. 
 
 Q. Was any thing said at this meeting as 
 to how these purposes were to be carried 
 out? 
 
 A. Yes, sir; they stated they were first 
 to put Morton out of the way. A man 
 who signed himself M. D. was to pay Gov- 
 ernor Morton a visit, and he was to live 
 but a short time afterward ; this visit was 
 to be made about the 26th or 27th of 
 March. There was to be a raid made on 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 95 
 
 this place about five days from the 1st of 
 April. 
 
 Q. Who were to make this raid ? 
 
 A, The men of the lodge, and we were 
 to arm ourselves to be ready. We were to 
 take this place, wear out the soldiers, and 
 release the prisoners. 
 
 Q. What was to be done with the rebel 
 prisoners ? 
 
 A. Nothing that I recollect; only that we 
 were to go at the blue coats. 
 
 Q. Was any thing said about the invasion 
 of Ohio or Indiana by the rebels? ' 
 
 A. They said that wlien we made the raid 
 on this place, the members of the order in 
 IlUnois were to make a raid on Springfield, 
 and those in Missouri on St. Louis. AVash- 
 ington was to be attacked, and Foi'rest was 
 to make a, dash into Kentucky. He did 
 riiake a raid a few days from the 5th of 
 April. 
 
 Q. Who developed these plans ? 
 
 A. John W. Stone. 
 
 Q. State, as far as you can, the signs, grips, 
 and passwords of the Knights of the Golden 
 Circle. 
 
 A. If you wished to know if a man be- 
 longed to the order, you gave him a chal- 
 lenge, by placing the right foot in the hol- 
 low of the left, then you folded your arms ; 
 if be is a member and notices you, he does 
 the same thing. Then each advance his 
 right foot and touch toes and shake hands, 
 running the fore-finger up the wrist, and 
 giving a single shake. After you had 
 shaken hands you were to say 0,'he says A, 
 and you answer K, and he pronounces Oak. 
 He was then known as a brother. 
 
 Q. What were the signs of the Circle of 
 Honor ? 
 
 A. To know if a man was a member of 
 the order, you draw your hand across the 
 upper lip ; he answers by doing the same 
 tiling with the left hand. You then step 
 forward and give one single shake of the 
 hand. If you^doubt the fellow, you ask 
 him if he saw that star; if he was a mem- 
 ber, he woulrl reply by saying he saw that 
 star in the East. You would ask what it 
 represented, he would answer, "five points." 
 'i'liat proved to j'ou that he was a full mem- 
 ber. To recognize and test a person at a 
 distance, the hands were clasped and 
 raised above the head. He would answer 
 by placing his hands upon his shoulders. 
 
 Q. When was the last meeting you at- 
 tended of the Knights of the Golden Cir- 
 cle? 
 
 A. On the 26th or 27th of January. 
 
 Q. Have they met since ? 
 
 A. Not to my knowledge. 
 
 Q. Why did you not continue with them ? 
 
 A. Because 1 thought they were getting 
 along a little too far for me, when they 
 talked about helping the rebels ; and as I 
 had been in the army, and as what they 
 avowed was against my principles, I came 
 
 here in March, 1864, and reported to the 
 Lieutenant Governor ? 
 
 Q. What, if any thing, was said in refer- 
 ence to acting with Morgan ? 
 
 A. Something was said about Morgan's 
 making a raid, but I do not recollect what. 
 
 Q. Was any thing said about ofl'ering him 
 assistance in case the State vfas invaded ? 
 
 A. We were to go to his assistance, as I 
 understood it. 
 
 Q. Who advocated going to the assistance 
 of Morgan in case he invaded the State ? 
 
 A. John W. Stone. 
 
 Q. "What has become of Stone ? 
 
 A. I don't know. He had some diflBcul- 
 ty with the men of the 17th Indiana, and 
 some of the boys went after him when he 
 made oft', and the boys fired, and 1 under- 
 stand he has since been seen, minus a 
 finger. 
 
 Q. Who were the most active members 
 of the organization ? 
 
 A. John W. Stone and William Clayton. 
 
 Q. AVas the order armed ? 
 
 A. Xot to my knowledge. Something 
 was said about a box of pistols. Shirk- 
 lift" and a man named Coffin got ofl' at a 
 station five miles from the Shoals, and 
 Shirkliff had a box that was rather heavy. 
 Coffin asked him what the box contained, 
 and he said jewelry ; but Horsey and 
 Shirkliff told me afterward, the box con- 
 tained pistols, and laughed at Coffin for the 
 way Shirklift' had fooled him. 
 
 (.1 Did he say wliat became of them? 
 
 A. No, sir. 
 
 Q. Or who they were for ? 
 
 A. No, sir. He said there would be pis- 
 tols taken round the country, and any one 
 could have^hem at cost and carriage. 
 
 Q. Did he say whom you could get them 
 from? 
 
 A. No, sir; but I suppose he meant from 
 himself. 
 
 Q. I-Iave you been in any lodge since 
 that meeting? 
 
 A. No, sir. I have had no connection 
 with the order since January. 
 
 Q. Who did you first reveal this order 
 to? 
 
 A. To my father, who was vexed at my 
 having joined it. 1 then went to my uncle 
 at Washington, and told him. 1 then came 
 and had a talk with Captain Henly, of the 
 17th Indiana, andgothim to write outan affi- 
 davit. And the statement he made out 
 was, I understood, sent to the Lieutenant 
 Governor. 
 
 Q. In case Governor Morton was assass- 
 inated, who was to succeed him? 
 
 A. H. H. Dodd was, according to what 
 was said at the meeting. 
 
 CBOSS-EXAMINATION. 
 
 I forgot to mention in my direct exami- 
 nation that the signs of raising the handa 
 above the head and the answer, were called 
 
26 
 
 TREASON TRIALS AT INDIAlfAPOLIS. 
 
 the Morgan signs. If we joined the army 
 and were captured, we were to give these 
 signs, and then we should be better treated. 
 This was told us by Horsey or Clayton at 
 the time of giving us these signs. I did not 
 understand that because they were given 
 us, we were to join Morgan, but I under- 
 stood they were for self-protection. We 
 were not sworn in the Circle of Honor to 
 help the South, nor were we pledged to do 
 so. It v^as changed to the Knights of the 
 Golden Circle in June, 1864, by John W. 
 Stone. A man named Baker asked why | 
 the order did not come out at first as the 
 Knights of the Golden Circle, and Horsey 
 and Clayton said they wanted to find out 
 how far the Deinocratic party was in favor 
 of such an order, and if they came into it 
 well, then they would change it into the 
 Knights of the Golden Circle. By the two 
 men standing good for usat theinitiationinto 
 the Knights of the Golden Circle, I mean 
 that they were to kill us and re.port.us dead 
 to the lodge, or bring us up for trial, in 
 case we divulged the secrets. In the obli- 
 gation that we took there was something 
 said about havir% Jeff Davis for the next 
 President, and voting for him; I can not 
 remember how it was worded; we were 
 sworn into the service of Jeff Davis, and 
 were to support him whenever called upon. 
 They said that all Jeff Davis asked, was 
 that the three States of Indiana, Illinois, 
 and Missouri should join him, and he would 
 soon thrash out all the blue-coats, and then 
 they would go eastward, and clean out all 
 the rest like a hurricane. I took the oath 
 voluntarily ; I thought I would see what 
 they did, and if it did not suit me I would 
 report the order. The first time I divulged 
 the order was to my father the next day, 
 and to my uncle William Tranter, at Wash- 
 ington, soon after. About the last of Feb- 
 ruary I mentioned the matter to Captain 
 Henley, here at Indianapolis. I came here 
 on purpose, and found him at the Bates 
 House, and got him to write out my state- 
 ment for me. John W. Stone said there 
 were 100,000 members in the Circle of Hon- 
 or in Indiana, and about 60,000 in the 
 Knights of the Golden Circle. When they 
 changed to the Knights of the Golden Circle 
 they dropped oS a little. I took one degree 
 in this order. John W. Stone said publicly 
 that if Yfe took the oath of the order, and were 
 caught, we should not be hung, but treated 
 as prisoners of war. I had a conversation 
 with Horsey near the railroad, within two 
 or three days after the last meeting I at- 
 tended. We were talking about Stone get- 
 ting me into a difficulty, and I said some of 
 the soldiers would come and take us. Hor- 
 sey said he did not think the soldiers could 
 do it. He also said that Stone had stated 
 what was false, and that there was no truth 
 about paying Gov. Morton a visit I said 
 that a man who would preach such doctrine 
 
 ought to be rallied, and I wanted Horsey 
 to go with me and tell him of it, but he 
 would not. Horsey might have said that 
 Stone's doctrines were too secesh, but I do 
 not recollect his saying so. If Mr. Horsey 
 had gone over there with me, there would 
 have been no Mr. Stone. 
 
 KE-EXAMINATION. 
 
 Question by the Judge Advocate: 
 
 Q. When was it that you had this conver- 
 sation with Horsey? 
 
 Answer. It was a few days after the meet- 
 ing. 
 
 Q. Who first induced you to join the 
 order? 
 
 A. Horsey was the first man; he initiated 
 me. 
 
 Q. Did he make any objection to your ta- 
 king the Morgan sign ? 
 
 A. No, sir. 
 
 Q. Did he make any objection to your 
 taking the oath ? 
 
 A. No, sir; he took me into the organiza- 
 tion and administered the oath to me. 
 
 Stephen Tenet, a witness for the Govern- 
 ment, was then introduced, and being duly 
 sworn by the Judge Advocate, testified as 
 follows: 
 
 Question by the Judge Advocate: 
 
 State to the Court your name and resi- 
 dence. 
 
 Answer. Stephen Teney ; I live at Wash- 
 ington, Daviess county, Indiana, where I 
 have resided about a year. Previous to 
 that I lived for seven years at Pleasant Val- 
 ley, Martin county. 
 
 Q. What is your business ? 
 
 A. I am a cooper by trade 
 
 Q. Did you ever know Stephen Horsey ? 
 
 A. Yes, sir. 
 
 Q. When and where did you make his 
 acquaintance ? 
 
 A. At the Shoals. It is about five years 
 since I first knew him. 
 
 Q. Did you ever join any secret order 
 called the Circle of Honor, Order of Amer- 
 ican Knights, or Sons of Liberty? 
 
 A. Yes, sir ; I joined the Circle of Honor. 
 
 Q. Where, and when? 
 
 A. In Columbia township, Martin county, 
 near Connell School House, in the fall of 
 1863, at Mr. Horsey's solicitation. 
 
 Q. Is Mr. Horsey present in this room ? 
 If so, point him out. 
 
 [The witness here pointed to the ac- 
 cused, Stephen Horsey.] 
 
 Q. What, if any thing was done at that 
 meeting ? 
 
 A. Fourteen members were taken in that 
 night? 
 
 Q. How many were present at that meet- 
 ing? 
 
 A. About twenty-hve. 
 
 Q. Who presided? 
 
 A. Mr. Horsey and a Mr. William Clay- 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 97 
 
 ton were the presiding officers at that meet- 
 ing. 
 
 Q. Were you sworn in that night T 
 A. Yes, sir. 
 
 Q. Do you remember what obligation you 
 took? 
 
 A. We were to be cut into four pieces if 
 we told any thing. One part was to be 
 cast out at the east gate, one at the north 
 gate, one at the south gate, and one at the 
 west gate, if we told any of the secrets ? 
 
 Q. What were the secrets? 
 
 A. We were not to tell who belonged to 
 the order, nor any thing that was done at 
 the meetings. 
 
 Q. What did you learn to be the objects 
 and purposes of the order ? 
 
 A. From what I saw and learned, we 
 were to assist the South, if called on. 
 
 Q. Were any of the ways by which you 
 could assist the South talked of? 
 
 A. Yes, sir. If we were called on we 
 were to rally, each in his township. 
 
 Q. Under whom? 
 
 A. I do not recollect, but we were to rally 
 in each township to assist the rebels if they 
 came through. 
 
 Q. With arms or how ? 
 
 A. They did not say. They also said if 
 we did not rally, and stick up one for an- 
 other, that the Democratic party would be 
 torn down. 
 
 Q. What had that to do with giving as- 
 sistance to the rebels ? 
 
 A. I do not know; that is the way Horsey 
 and Clayton talked to us that night. Hor- 
 sey told us about it first, and then Clay- 
 ton. 
 
 Q. Did Horsey say any thing about oppos- 
 ing the Government? 
 
 A. He told us we were to hold ourselves 
 in readiness at any time to be called out. 
 
 Q. State whether or not there was any 
 arming or drilling in this order ? 
 
 A. We drilled a few times in the town 
 ship ; we just marched. 
 
 Q. Do you know any thing about an at- 
 tempt to arm the order ? 
 
 A. I was told by one of my brothers, Wil- 
 liam Teney, who was a member of the or- 
 der, that they were getting arms all the 
 time. This was after I removed, and went 
 back, that he told me this. The order 
 was then called the Knights of the Golden 
 Circle. 
 
 Q. Who was the chief of that order ? 
 
 A. I do not know. I went there once, 
 and they told me the oath, but I would not 
 take it 
 
 Q. What did your brother tell you about 
 arms? 
 
 A. He said that they had three hundred 
 pistols in that county ; and that Baker, of 
 Dover Hill, went to Cincinnati and got 
 some, and some he got from Philadelphia. 
 
 Q. Had you any talk with Horsey ? 
 
 A. Not about the arms. 
 
 Q. When was the last talk you had with 
 Horsey ? 
 
 A. It must have been some four or five 
 months since. He told me they were get- 
 ting along finely with their order. 
 
 Q. What order did he refer to 7 
 
 A. 1 suppose he meant the Golden Cir- 
 cle. 
 
 Q. Did you ever hear Horsey make any 
 other speeches ? 
 
 A. No, sir. 
 
 CROSa-EXAJIINATlOlf. 
 
 I am in the army now, and have been 
 since the draft. No inducements have 
 been held out to me to testify in this case, 
 but McDonald, who is a Government de- 
 tective, told me if I told all I knew, he would 
 do what he could for me, and relieve me 
 from the draft. Nothing was said in the 
 obligation about supporting the Constitu- 
 tion of the United States, or the Constitu- 
 tion of the State of Indiana. Mr. Horsey 
 said we were to support tie South ; he 
 swore us to support Jeff Davis, North or 
 South. That was a part of the oath, and we 
 were to suffer ourselves to be torn into 
 four pieces if we did not support Jeff Davie 
 North or South. My brother told me thie 
 last summer that he was a member of the 
 Knights of the Golden Circle. During the 
 summer, when I visited my brother, I went 
 with him to the Knights of the Golden 
 Circle, and they wanted me to take the 
 oath, laut I would not. 
 
 RE-EXAMINATION. 
 
 Question by the Judge Advocate: 
 
 Has any officer of the Government held 
 out any inducement to you that you should 
 receive any benefit for testifying in this 
 case? 
 
 A. No, sir; only what that detective said; 
 he promised to do all he could for me. 
 
 Q. Have you ever asked any officer of 
 the Government to relieve you ? 
 
 A. No, sir. 
 
 Q. Do you expect to be relieved from the 
 draft? 
 
 A. No, sir. 
 
 Q. Do you testify from any such induce- 
 ment? 
 
 A. No, sir; I think more of my oath than 
 that. 
 
 The Commission then adjourned, to meet 
 on Friday, October 28, 1864, at 9 o'clock, 
 A. M. 
 
 CoTJET Booh, Ikbiahapoiis, Insiaxa, ) 
 October 28, 18M, 9 o'clock, A. M. ( 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present. Also, the Judgs 
 Advocate, the accused, and their counsel 
 
 The proceedings were read and approved. 
 
 J. J. Bingham, a witness for Government, 
 was then introduced, and being duly sworn 
 by the Judge Advocate, testified as follows^ 
 
98 
 
 TREASON TRIALS AT BSTDIANAPOLIS. 
 
 Question by the Judge Advocate: 
 
 State your name, place of residence, and 
 business 7 
 
 Answer. Joseph J. Bingham; I reside in 
 the city of Indianapolis, and am editor of 
 the Daili/ and Weekly Indiana State Sentinel. 
 
 Q. How long have you resided in Indian- 
 apolis ? 
 
 A. Since August, 1856. 
 
 Q. Where did you reside previous to 
 that? 
 
 A. At Lafayette, in this State. 
 
 Q. Plow long have you published the In- 
 diana State Sentinel? 
 
 A. Since the 26th of August, 1856. 
 
 Q. Did you ever join an order called the 
 American Knights, or Sons of Liberty? 
 
 A. I joined an order ^hich was' called the 
 American Knights, in the latter part of 
 October or the beginning of November, 
 1863. 
 
 Q. Where? 
 
 A. In this city, in the Military Hall, on 
 Washington street, between Meridian and 
 Pennsylvania. 
 
 Q. Who was in possession of the Hall? 
 
 A. It was leased by the Democratic Club 
 of this city. 
 
 Q. Was it under their control ? 
 
 A. It is my impression that it was under 
 their control at the time. 
 
 Q. What was the first meeting of the 
 American Knights that you attended? 
 
 A. The first meeting, if you can call it 
 such, was my initiation; there were very 
 few present. 
 
 Q. Who were present? 
 
 A. Mr. Dodd, Mr. Harrison, a man by the 
 name of Jacobs, Dr. Johnson, and I think 
 a person of the name of Vandegriff. 
 
 Q. Was Mr. Ristine or Herd there? 
 
 A. Not at that time. 
 
 Q. What took place at that meeting ? 
 
 A. It was only an informal initiation ; we 
 did not go through all the ceremonies, the 
 greater part was omitted. 
 
 Q, State to the Court how you came to 
 join the order, and at whose solicitation you 
 joined? 
 
 A. In the latter part of August, or the first 
 of September, I was introduced by Mr. Dodd 
 to a man by the name of P. C. Wright. He 
 brought him to my oiBce and left him there; 
 said he wanted to have a talk with me. 
 Mr. Wright went on to state his business; 
 gave me a little history of himself; he stated 
 that he was a lawyer in business in New 
 Orleans, at the breaking out of this rebel- 
 lion; that he was forced to leave on account 
 of his Union sentiments ; that he went to St. 
 Louis, and practiced alternately between 
 St. Louis and New Orleans — in St. Louis in 
 the summer, and New Orleans in the win- 
 ter; he said he was a lawyerinthe celebrated 
 Gaines case, and that in examining the 
 papers of General Gaines, he came across 
 what purported to be a secret organization 
 
 tl(at existed during the Revolutionary War. 
 He told me that General Lee was President 
 of the Association, as appeared from the 
 papers; that Madison, Jefferson, and I be- 
 lieve Washington, had belonged to it; that 
 it had exerted a very powerful agency in 
 maintaining the contest during the war, and 
 establishing our present form of govern- 
 ment; that he thought he would establish 
 a similar order. He told me that the prin- 
 ciples of the order were the same as existed 
 during the Revolution; that the ritual and 
 obligation were nearly the same; that the 
 papers were not perfect, but the omissions 
 were supplied; and that he came to this 
 State for the purpose of extending the order 
 here. He said it existed in Missouri, Illinois, 
 and even in the Central American States; it 
 was not confined to the United States, Ijut 
 was to extend over all the world, not limited 
 by any geographical divisions. He urged 
 me to join, and take part in it, and be one 
 of the persons to establish the order here, 
 I said 1 was opposed to all secret political 
 organizations — that I never saw any good 
 come from them — and declined. He visited 
 the prominent Democrats of the- city, and 
 used the same arguments, but most of them 
 declined. I do not know whether Mr. 
 Dodd was a member of the order at that 
 time; I understood he intended to be. Mr. 
 Dodd is a gentleman very fond of excite- 
 ment; he has a natural taste for secret asso- 
 ciations. He was a prominent and one of 
 the most active members of the Know 
 Nothing order; and he was head and front 
 of the Sons of Malta, in this city; his taste 
 runs that way. I have known Mr. Dodd 
 for many years; for three or four years I 
 have had business relations with him that 
 threw him constantly in contact with me. 
 After Wright left, Dodd urged me to join 
 the association. I declined at first. Finally 
 he told me what its objects were; that it 
 was to be a permanent organization; polit- 
 ical, but not partisan ; that it was to sym- 
 pathize with the principles of the Demo- 
 cratic party. He said that the object was 
 to educate the people in the old fashioned 
 republican doctrines, the same as those en- 
 tertained by Madison and Jefferson; that 
 it was designed to establish a paper 
 here, to be the organ and advocate of its 
 principles, and that it was intended to have 
 a large university near the city, to educate 
 young men in what he termed correct polit- 
 ical doctrines'; and that the organization 
 was to be permanent, like the Odd Fellows 
 or Masons. 
 
 When the proposition of the paper was 
 started, he said he wanted to advise with 
 me about many matters which he could not 
 unless I was a member of the organization, 
 and that he could not even tell me the 
 names of the members of the order ; that 
 was one of the obligations of secrecy; but 
 if I would j oin, he would not put me through 
 
TREASON TKIALS AT INDIAKAPOLIS. 
 
 the regular ceremonies, but would initiate 
 me informally, and if I did not like it, as I 
 joined voluntarily, so I could leave it when- 
 ever I pleased. I thought I saw in this the 
 Beeds of discord, so far as the Democratic 
 party was concerned. Being a party man, 
 I thought the only way to secure success 
 was by the uniting of the different elements 
 in opposition to the Administration. With 
 that view of the case 1 joined at the time 
 I named. Dodd informed me that he had 
 appointed me a delegate to the State Coun- 
 cil, which met in November, 1863. I at 
 tended; took what they called a Council 
 degree; but what it is I can not now tell, I 
 paid so little attention to it The meeting 
 was held in the Military Hall. Dodd pre- 
 sided at the meeting, and Mr. Harrison was 
 Secretary. I do not recollect what other 
 officers were there. 1 saw Mr. Vandegriff 
 at the meeting; and I think Dr. Athon, 
 Mr. Bistine, and Mr. Milligan, the accused, 
 were present. A gentleman named Cush- 
 man, from the northern part of the State, was 
 present. 
 
 Q. Were any others of the accused pres- 
 ent? 
 
 A. No, sir. 
 
 Q- what business was done at that meet- 
 ing? 
 
 A. The Council was opened in due form; 
 those that had not taken the Council de- 
 gree were initiated, and then various com- 
 mittees were appointed. I found myself 
 placed as Chairman of the Committee on 
 Literature. 
 
 Q. What other committees were ap- 
 pointed ? 
 
 A. I do not recollect. 
 
 Q. Was a military committee appointed ? 
 
 A. I do not recollect. 
 
 Q. Were any appointments made by 
 Dodd? 
 
 A. Not in my hearing. 
 
 Q. At what time of day was the meeting 
 held? 
 
 A. It convened at 10 o'clock in the morn- 
 ing. 
 
 Q. How long did it last ? 
 
 A. I was there about an hour, but I un- 
 derstood it lasted till evening. 
 
 Q. Why did you not remain ? 
 
 A. I withdrew to write my report. I wrote 
 a brief report, advising, as far as a paper 
 was concerned, that nothing be done until 
 means were raised to support it a year ; and 
 1 recommended the indefinite postponement 
 of the university scheme until the next 
 meeting of the Council. I returned then, 
 and some other business was going on, but 
 I do not recollect what. I handed my re- 
 port to the committee, in which was a Dr. 
 Bryant. 1 told Cushman that my engage- 
 ments were such that I could not remain, 
 and he would oblige me if, when the report 
 was called, he would read it. 
 
 Q. Did you learn from any members 
 
 present about the appointment of mtyor 
 generals ? 
 
 A. No, sir. 
 
 Q. Did you ever hear of any military ap- 
 pointments being made? 
 
 A. No, sir. I did not know that the or- 
 ganization embraced any thing of a military 
 nature till the exposure of the Sons of Lib- 
 erty. 
 
 Q. You will please proceed with your nar- 
 ration? 
 
 A. I never attended what is called the 
 meeting of the temple. On the 16th of Feb- 
 ruary another State Council was held. Mr. 
 Dodd informed me that by virtue of my ap- 
 pointment, I had a right to attend. 1 went 
 in on the morning of the 16th. I had been to 
 the post offi«e, and stopped on my way to 
 my own office, for a few minutes. I had 
 nothing to do with the meeting, and did 
 not feel much interest in the matter. I 
 was in again for a little while in the after- 
 noon, when I went to the post office a sec- 
 ond time. When I went in there was a 
 gentleman of this city making a speech, 
 Major Conklin, and this was the first time I 
 recollect hearing about any miUtary appointr 
 ments. I suppose he had been called on for 
 a report of what he had done, for the drift 
 of his speech — what I lieard of it — was, that 
 he had not drilled any ,body, and had not 
 any body to drill. That is all my recollec- 
 tion of that meeting. 
 
 Q. How did he come to report that fact ? 
 
 A. I suppose he had been called upon for 
 a report; that was what I gathered from 
 the nature of his speech ; and that wa-s the 
 first idea I had of its being a military organ- 
 ization. I never read the ritual, or the con- 
 stitution, or by-laws. I think Mr. Heffren 
 was present at that meeting. Mr. Heflfrenis 
 an old friend of mine, and came to my office 
 to see me several times. At one of those inter- 
 views we exchanged our opinions as to this 
 association. 1 told him that 1 thought no 
 good would corae of it. Mr. Hefifren coincided 
 with my views, and said he believed it was 
 a humbug. These are the only meetings I 
 attended. I did not wish to belong to the 
 organization. I paid my fees, and asked 
 Mr. Dodd if any formal withdrawal was 
 necessary; he said that my joining was vol- 
 untary, and 1 might withdraw when I liked. 
 I did not consider myself a member of the 
 organization since that time, and have not 
 been a member, though my having been in 
 the order gives me the confidence of the 
 members, and I have learned many things 
 that I otherwise should not have known. 
 
 Q. Did you hefir the address of Dodd at 
 the meeting of the 16th or 17th of Feb- 
 ruary? 
 
 A. No, sir. 
 
 Q. How long were you present? 
 
 A. I was not there over twenty or thirty 
 minutes. ■ I heard afterward that he had 
 delivered an address, but I never read it 
 
100 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 till I saw it in the Journal of the 30th of 
 July. 
 
 Q. Who was present at that meeting ? 
 
 A. Colonel Bowles, the accused, Dr. Bry- 
 ant, Mr. Blake, of Terre Haute, Mr. Cush- 
 man and 'Squire MoBride, of Evansville. 
 There must have been some thirty or forty 
 there, hut few that I was acquainted with. 
 
 Q. Was Mr. Milligan or Mr. Humphreys 
 present 1 
 
 A. Not to my knowledge. I did not see 
 them there. Mr. Heffren was present. 
 
 Q. Did you learn what business was trans- 
 acted at that meeting ? 
 
 A. I asked the question after the adjourn- 
 ment of the meeting, and was told nothing 
 particular had been done. 
 
 Q. Did you learn who had fceen appoint^ 
 ed to the Supreme Council 7 
 
 A. No, sir. 
 
 Q. Do you know who composed the Com- 
 mittee of Thirteen? 
 
 A. No, sir. The Committee of Thirteen, 
 in my opinion, was a myth. The next thing 
 that came up, in connection with the order, 
 was this : Dr. Bowles, Mr. Dodd, Judge Bul- 
 litt, and Barrett were at my business office. 
 
 I met them on the platform as I was going 
 down from my room; I was introduced 
 to them, and supposed they were all 
 members of the order, though nothing was 
 said about it ; I supposed so from their as- 
 sociation. Judge Bullitt I had known pre- 
 viously, I think fifteen years ago; he had 
 done me a great kindness; we renewed 
 our acquaintance, and he asked me to call 
 and see him at the Palmer House; said he 
 had some fine Kentucky whisky, and in- 
 vited me to take a drink. About half past 
 
 II I thought I would go to my dinner 
 early and stop in and see him. I knew 
 where the room was, it was No. 28 ; I went 
 right up stairs and knocked at the door. 
 He said, "Come in," and I opened the 
 door. The first man I saw was a person of 
 the name of Cofiin. I did not know then 
 what his occupation was, but from his asso- 
 ciations I thought he was a Eepublican, 
 and 1 thought it was queer company for 
 Democrats. I walked up and shook hands 
 with him; he whispered to me, "I've have 
 caught you at last." I thought that was 
 very strange, very singular; I walked around 
 the room, and mentioned to one of the 
 gentlemen that it was a singular company. 
 We passed the salutations of the day, and 
 I then said to Bullitt, "If you have any" 
 good whisky, bring it out" He brought it 
 out, and we had a drink. I asked Coffin 
 if he was going to dinner ; he said he was, 
 and we walked together. As we walked 
 out, 1 asked an explanation of the remark 
 he had made to me, "I've caught you at 
 last" He told me a story not necessary to be 
 repeated here, and applied it to me ; said 
 that was all he meant. A few days after- 
 ward I met Joseph E. McDonald, on Wash- 
 
 ington street. I told him the circumstance, 
 and he remarked to me, "Don't you know 
 who this Coffin is?" "He is a United States 
 Detective ; he is in the employ of the Gov- 
 ernment, and has been for two years." I 
 remarked to him that it was a singular se- 
 cret society, the members of which should 
 sit in council with a United States Detec- 
 tive. 
 
 Q. Did you at that time unfold to Mr. 
 McDonald your association with that or- 
 der? 
 
 A. No, sir; I do not think I told him till 
 sometime subsequent. 
 
 Q. What was done by these gentlemen? 
 
 A. They never told me their business ; 
 and to this day I do not know what they 
 met together for. 
 
 Q. You say that you met McDonald, and 
 that you remarked to him that it was a sin- 
 gular secret association that should have a 
 United States Detective in it; how did you 
 come to tell him that, if you did not make 
 known to him that you were a member of 
 the order ? 
 
 A. We had talked upon the subject fre- 
 quently ; I do not know if he knew wheth- 
 er I was a member or not. 
 
 Q. Did you ever give hina to understand 
 that you were a member? 
 
 A. No, sir. 
 
 Q. From your conversation do you know 
 whether he was aware that you were a mem- 
 ber of the order ? 
 
 A. No, sir. 
 
 Q. When was this conversation with Mr. 
 McDonald? 
 
 A. The interview occurred about the 
 middle of May, and it was, I think, within 
 a week afterward, that I had this conversa- 
 tion with McDonald. 
 
 Q. Where were you first introduced to 
 Mr. Stidger — in your office ? 
 
 A. I first saw him there. Every Sunday 
 morning, about 9 o'clock, a number of 
 political friends met in my office to 
 hear the telegrams read. One Sunday 
 morning, about the 1st of June, I was 
 coming down to my office, and I met Dodd 
 and Stidger. Dodd introduced him to me, 
 and I recollected the man, though not his 
 name; he said he was the Private Secre- 
 tary of Judge Bullitt ; and either at that 
 interview or within a short time, a day or 
 two, Dodd or Stidger made this remark, 
 that this man Coffin had compromised 
 Judge Bullitt, or that Judge Bullitt thought 
 he had, I don't recollect which. The next 
 meeting of the order here was held in 
 June, but I know nothing of its proceed- 
 ings, as I was not present. That brings ua 
 along to about the first of August. In the 
 mean time I had seen Colonel Bowles once; 
 he came to my office one evening; said he 
 wanted to talk with me about matters gen- 
 erally ; and he asked me if I thought this 
 man Coffin was a detective; he had his 
 
TEEASON TRIALS AT INDIANAPOLIS. 
 
 101 
 
 doubts about it. I told him there was no 
 doubt about it. 
 
 Q. From whom did you have it? 
 
 A. Mr. McDonald. Another circumstance 
 it may be well to relate; it shows the per- 
 fect system of espionage here. 
 
 [The Judge Advocate remarked that it 
 was unnecessary to state that here.] 
 
 I do not recollect any thing special oc- 
 curring until the 2d or 3d of August. 
 About that time, one morning Mr. Dodd 
 came into my i-oona and said, "I want to 
 have a talk with you." He said he wanted 
 to tell me something; "but," said he, "you 
 must give me your word of honor that what 
 I say to you, you will not reveal to any living 
 being." !Not knowing what it was, I said, 
 "Certainly." He went on to say it had 
 been determined at a meeting, or Council, 
 I do not recollect which, I think he said at 
 a Council of Sixteen; I believe he said some- 
 thing about its being composed of four 
 from Indiana, four from Illinois, four from 
 Kentucky, and four from Missouri; I do 
 not think any names were mentioned but 
 Judge Bullitt and Mr. Bowles ; he said that 
 at the Council, a resolution had been deter- 
 mined upon, and he went on to explain it. 
 He said that arrangements had been made to 
 release the prisoners on Johnson's Island ; 
 at Camp Chase, near Columbus, Ohio ; at 
 Camp Morton, and also at Camp Douglas, 
 and that the prisoners at Camp Douglas, 
 after their release, were to go over and re- 
 lease those at Rock Island. At the same 
 time there was to be an uprising at Louis- 
 ville, at which the Government stores, etc., 
 were to be seized. 
 
 Q. An uprising of what and who ? 
 
 A. He did not state what or who; he 
 said an " uprising." I looked at the man 
 in astonishment. I thought it was a wild 
 dream; I could not believe it possible. 
 I studied a moment, and said, "Mr, Dodd, 
 do you know what you are going to under- 
 take ? Do you know the position of mili- 
 tary affair.s here at this post ? Do you 
 think you can accomplish this scheme with 
 any number of unarmed and undisciplined 
 men you can bring here 7" Another thing he 
 remarked to me was that this revolution 
 was going to take place at several points on 
 the 16th of August, and that I was the 
 only person he communicated this to in 
 the city. I asked " how is this revolution 
 to take place, and nobody know any thing 
 about it?" As to the way in which it was 
 to be done here, and at Louisville, he made 
 a suggestion to me, as I was Chairman of 
 the Democratic State <3entral Committee, 
 which was that I should call a mass meet- 
 ing of the Democracy on the 16th of August. 
 I said we had had experience enough of 
 Democratic mass meetings, and there would 
 be no excuse or apology for calling such a 
 meeting here. I asked him what excuse 
 he could give for calling the meeting. Ho 
 
 said to take some expression against tho 
 draft, and to give some instructions to the 
 delegates who attended the Chicago Con- 
 vention, which was to be held on the 29th 
 of August. I told him I could consent to 
 nothing of the kind, and would be a party 
 to no such scheme. W. II. Talbot, Chair- 
 man of the Democratic Central Congres- 
 sional District, had gone to New York, and 
 he left me to act in his absence. Dodd 
 knew this, and on my declining to call a 
 meeting, as chairman of the Democratic 
 State Central Committee, he wanted me to 
 call a District mass meeting to nominate a 
 candidate for this Congressional District 
 I told him I would not Dodd then made 
 application to others, also to McDonald to 
 urge him to induce me to call a mass meet^ 
 ing, but I declined to do it. I then began 
 to think seriously about the matter, and to 
 reflect what was best to be done. I had 
 been intrusted with an important secret, 
 and it was of such a nature that I thought 
 I ought not to keep it. I then determined 
 to investigate the matter. I first called on 
 Mr, Ristine, and I put leading questions to 
 him to find out whether or not he knew 
 of any such project, as that which had been 
 communicated to me by Mr. Dodd, and I 
 felt satisfied that he did not. I then called 
 upon Mr. Athon, and in the same way I 
 asked him leading questions to find out 
 what he knew about the matter, and I felt 
 satisfied he knew nothing about it. I 
 spoke to othei'S, to Mr. Hord among the 
 rest. I went to bed and slept over it 
 
 In the morning I went to see Mr. J. E. 
 McDonald. I told him I had secret infor- 
 mation that I wished to consult him about; 
 that it was a matter involving us all, and 
 that some action had to be taken immedi- 
 ately. He said he was willing to listen to 
 all I had to say. This was on the night of 
 the 4th of August. I told Mr. McDonald 
 all that Dodd had told me, and the circum- 
 stances under which he had told it, and 
 that I had come to advise with him as to 
 what was my duty in the matter. We 
 talked the matter over sometime, and 
 finally came to the conclusion that we 
 would sleep over it, but that the thing 
 must be stopped at all hazards. I left him 
 at 9 o'clock, and went to my office. As I 
 walked down Washington street I saw a 
 gentleman coming up rapidly, and I stopped 
 him: " Halloo 1 Kerr, what has brought you 
 here?" I said. He seemed very much exci- 
 ted. "Do you know any thing?" he said; and 
 I said, "Do you know anything?'' "Yes," 
 he replied. "What is it?' said I. He then 
 said, "The devil's to pay in our section of 
 the State; the people of Washington, Har- 
 rison and Floyd counties, and that neigh- 
 borhood, had got the idea that a revolution 
 was impending; the farmers were fright- 
 ened, and were selling their hay in the 
 fields and their wheat in the stacks, and all 
 
 / 
 
102 
 
 TREASON TRIALS AT EIDIANAPOLIS. 
 
 the property that could be was being con- 
 verted into greenbacks." 
 
 Q. What Kerr was that? 
 
 A. Michael C. Kerr.' "Is that all you 
 know?" I said. "No," said he. Then he 
 went on and represented to me just what 
 Dodd had before told me. He went over the 
 whole scheme,.just as Dodd had revealed it. 
 As we walked along, he turned around once 
 or twice to see if any detectives were follow- 
 ing us. I didn't let him know that I knew 
 anything about the matter. I said. "This is a 
 most important matter, and I insist that you 
 go up to Mr. McDonald's with me, and tell 
 him what you have told me." We got him 
 up, and I said to him, "Kerr has got some 
 important information, and I want him 
 to tell you the same story that he has told 
 me." 
 
 Q. Did you, previous to that time, or at 
 that time, as a matter of safety to yourself, 
 state to McDonald your whole connection 
 with the matter ? 
 
 A. I think he understood that I was a 
 member of the order. 
 
 Q. Did you give him the whole history of 
 the matter? 
 
 A. He understood I was a member of the 
 order. In this conversation with Mr. Kerr, 
 ho involved Dr. Athon in the scheme. I 
 think, also, he told me that Governor Mor- 
 ton was to be captured or taken prisoner, 
 and that Dr. Athon was to be Provisional 
 Governor, and that was to be part of the 
 scheme. McDonald said we would all meet 
 in the morning, as had been agreed upon. 
 Coming out, I said that I could not rest 
 under the suspicion that Dr. Athon knew 
 any thing of the scheme. I did not think 
 that he did ; and I said that although it 
 was after 12 o'clock, I would go to his 
 house. We went and called him up. He 
 came down, and I told him, that although 
 it was such a late hour, yet as Mr. Kerr 
 had come with such important information 
 he ought to khow it that night. He agreed 
 to meet with us the next morning at Mc- 
 Donald's office. Coming out, I asked what 
 he thought of Dr. Athon ? Hesaid, "He is an 
 innocent man. He knows nothing about 
 this scheme." Athon would scarcely be- 
 lieve that such a scheme was entertained. 
 I think he said: " It's all gas; such a 
 sdieme can not be entertained by sensible 
 men." 
 
 The next day we went about 8 or 9 
 o'clock to McDonald's office. I had invited 
 in all the prominent Democrats I could see. 
 Judge Rhoads was present ; McDonald was 
 present ; William Henderson, of this city ; 
 Mr. Hord, Aquilla Jones, Samuel H. Bus- 
 kirk, Mr. Ristine, I think, Dr. Yeakle, and 
 Colonel Caldwell, of Lafayette, and there 
 may have been others. -Mr. Kerr then told 
 the story to those present. Then we had a 
 consultation about the matter, and came to 
 the conclusion that the matter must be 
 
 stopped right then. After awhile Dodd 
 and John C. Walker came in. 
 
 Q. Was Dodd sent for, or did he come of 
 his own volition ? 
 
 'A. I think he was told that a meeting 
 was to be held there that morning for con- 
 sultation. Walker had arrived from New 
 York that morning. This meeting occur- 
 red on Fridaj', the 5th of August. Mr. 
 Kerr made a speech. He spoke about this 
 excitement — this revolutionary scheme — 
 and that he came up on purpose to put a stop 
 to the thing. I think he said that it was our 
 duty to stop it, and I coincidiJd; and if it 
 could not be stopped in any other way, it 
 was our duty to inform the authorities. 
 Coloner Walker and Dodd did not acknowl- 
 edge at that interview that any such 
 scheme was entertained. They both spoke, 
 and very earnestly, about the state of pub- 
 lic affairs, and they used about these argu- 
 ments : That the Government could not be 
 restored again under the old state of things 
 without a-^orcible revolution. That an ap- 
 peal to the ballot-box was all folly ; that the 
 people were prepared for revolution; that 
 they would not submit to the draft; and 
 that it was better to direct the revolution 
 than to have revolution direct us. That 
 was about what they said. Before we left 
 there, these gentlemen agreed that this 
 whole matter should be stopped, and wo 
 were satisfied from the pledges they gave 
 us, that the thing would be stopped. But 
 how they intended to do it, I do not know; I 
 understood they would send messengers 
 to those various points, and state that that 
 was their determination. Thty assured us 
 that we need have no further apprehen- 
 sions about the matter, and we rested con- 
 tent with that. 
 
 I was satisiied at that time — and the 
 question was asked me the other day why I 
 did not inform the authorities, but I was 
 satisfied that the authorities knew as much 
 as I did, and from this one circumstance 
 among others. The signal of the uprising 
 at Louisville, was to be the notice of a bar- 
 becue to take place in the neighborhood of 
 Louisville. It was understood that the up- 
 rising was to take place on the day an- 
 nounced for that barbecue. Mr. Kerr in- 
 formed us that/night, in our interview with 
 McDonald, that Judge Bullitt had that day 
 or the day previous been arrested. Also 
 that many of the prominent members of 
 the order and others, had fled the State, and 
 the reason was the publication of that bar- 
 becue. A good many of them had come up 
 on the same train with him, and others had 
 left the day before. They had gone to New 
 York and Canada. I was satisfied from that 
 fact that the avithorities knew as much 
 about the matter as I did. And this was 
 confirmed a day or two afterward by a re- 
 mark that fell from General Carrington. He 
 spoke of this thing to Mr. McDonald, and 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 103 
 
 Mr. McDonald and myself were both satis- 
 fied that the authorities were fully informed, 
 and the circumstances seem to have shown 
 that they were. They were informed of it 
 before I was. Stidger was informed of it 
 on the 29th of July, three or four days be- 
 fore it was communicated to me, so 
 that General Carrington and tlie author- 
 ities must have known of it on the night of 
 the 29th of July. We had then called the 
 Democratic State Central Committee to 
 meet on the 17th of August, to fill vacan- 
 cies on the State ticket, and to report, etc 
 I regarded this matter as most important 
 in its eflects upon the Democratic party, 
 and that was another reason why I did not 
 wish to say any thing about it, for if this 
 thing had been made public, it would injure 
 us in the coming election; the charge would 
 be made that the Democratic party was a 
 revolutionary party, and we would have 
 been saddled with the sins of these men. 
 Another thing, it was a matter of personal 
 honor. I received this information from 
 those gentlemen under peculiar circum- 
 stances, and after I found the thing was 
 stopped, I did not feel it incumbent on 
 me to inform the authorities. 1 advised 
 the gentlemen to leave before they should be 
 arrested. Dodd was here two weeks after, 
 and Walker was here from the 5th to the 
 loth of August without being arrested. My 
 conversation at the time the authorities 
 knew about it — for I had every reason to 
 believe it — made me come to this conclu- 
 sion. I told them as a friend, that if they 
 remained here they would be arrested. They 
 thought so and left. 
 
 Q. At this meeting, at which Mr. McDon- 
 ald and others were present, did Mr. Dodd 
 confess that his scheme was true? 
 
 A. No, sir; but rather denied it. He 
 neither confessed nor denied it, but said 
 that revolution was necessai-y. 
 
 Q. Was it charged upon him by Mr. Kerr 
 tiat it was true ? 
 
 A Yes, sir. i 
 
 Q. And did he refuse to acknowledge the 
 fact? 
 
 A. He refused to deny or acknowledge it. 
 
 Q. Why did you not make known to 
 those persona who did not know it, that it 
 was true? 
 
 A. We . did, sir. All present understood 
 it thoroughly. We conversed an hour or 
 two before these gentlemen came in. 
 
 We had a meeting of the Central Com- 
 mittee on the 12tb of August. I stated in 
 the notice sent out on the 6th of August, 
 that matters of grave importance demanded 
 a large attendance, and it was hoped that 
 all the Committee would attend, and we in- 
 vited other prominent men in the State. 
 We had quite a large meeting. We filled 
 up the vacancies on the State ticket, and 
 then this matter came up for discussion. Mr. 
 Kerr was present, and at my request he laid 
 
 this whole affair before the members of the 
 Committee, and the same resolution camo 
 up there we had in our previous consulta- 
 tion, that, if the thing had not been stopped, 
 it must be now. , We had to be satisfied on 
 that point. 
 
 Colonel Walker came to that meeting. 
 We had a two-days meeting — the 12th and 
 tlie 1.3th. And he assured the Committee 
 that it was stopped, that nothing of the 
 kind should take place. 
 
 Q. . Was it previous to, or after this meet- 
 ing of the Council of Sixteen at Chicago, 
 that you met Mr. Walker here, and had a 
 conversation with him, in reference to any 
 rebel officers going to Illinois, to take charge 
 of the rebel prisoners ? 
 
 A. I saw Mr. Walker previously, once or 
 twice, while he was here. I met him on 
 the street, and he complained that I had 
 not seen him. He was sleeping at Colonel 
 Eose's room, in this building, at the time. 
 Colonel Rose was absent at the time. He 
 is a brother-in-law of Colonel Rose. This 
 was on the morning of the 11th. He went 
 to the Bates House, and said he regretted 
 to have to go to the Bates House, it was a 
 bad place to stop at. I asked him why ho 
 was going. He said he had to meet these 
 gentlemen by appointment. I understood 
 him to say they were rebel ofiicers. They 
 would be there that day, and unless he was 
 there, they would not know where to find 
 him. Ho said they were on their way to 
 Chicago to take charge of the rebel prison- 
 ers when they were released from Camp 
 Douglas, It was necessary that he should 
 see them, to tell them that the whole 
 scheme was stopped. He met me afterward, 
 and said he had seen them, and they had 
 gone on and stopped all operations at that 
 time, for the release of the prisoners. 
 
 CROSS-EXAMINATION. 
 
 Question by the accused; 
 
 To what extent was this scheme of revo- 
 lution known and entertained in this order, 
 and out of it, as far as you know ? 
 
 A. All that I know is that it was commu- 
 nicated to me under those circumstances, 
 and I know nothing further than those to 
 whom I communicated it in this city and 
 those who came from a distance. 
 
 Q. To what extent did Dodd state that ha 
 had communicated the matter ? 
 
 A. He stated to me that I was' the only 
 person to whom he had communicated it. 
 That was about the 2d or 3d of August. 
 
 Q, Did Mr. Kerr get his information from 
 the same source? 
 
 A. No, sir. I do not know where he got it 
 
 Q. Do you say this Council of Sixteen had 
 resolved upon this revolutionary scheme 
 when it convened at Chicago 7 
 
 A. Yes, sir. 
 
 Q. How long before that? 
 
 A. I don't think he told me, when I saw 
 
104 
 
 TREASON TRIALS AT INDIAKAPOLIS. 
 
 Mm here from Chicago or New York; he 
 got back about the 29th of July. 
 
 Q. Did you not know, from other sources, 
 and through other medium, that, so far 
 from Mr. Bodd's statement being true, the 
 proposition had actually been voted down 
 in that Council? 
 
 A. Yes, sir. I heard that. 
 
 Q. Did you hear it from the members of 
 the order? 
 
 A. I heard it, but it did not come directly 
 from a member of the order. 
 
 Q. Did you learn from Dodd, that Bowles 
 was a member of that Council? 
 
 A. That is what I understood. 
 
 Q. Did you understand from Bowles, as a 
 member of the Council, that the proposition 
 for revolution had been voted down? 
 
 A. Not directly. 
 
 Q. Who were the members of that Coun- 
 cil? Was either of the accused — Heffren, 
 Horsey, Milligan,or Humphreys a member? 
 
 A. I did not understand that either of 
 them was. 
 
 Q. You say that it was not until a very 
 late period of your connection with the or- 
 der, that you got any knowledge of its mili- 
 tary feature. Did it, either with or without 
 its militaiy feattire, contemplate in its 
 teachings) as you got them in the order, or 
 in the ritual, or any of its written or un- 
 written works, any such revolutionary 
 Bcheme as the purpose and object of the 
 order ? 
 
 A. I did not so understand it; I never 
 read the Constitution or Ritual until long 
 after I joined: not until the 30th of July. 
 
 Q. What was the purpose of the organiza- 
 tion as you understood it ? 
 
 A. Purely politicaL That was my under- 
 standing of it at the time I joined it. 
 
 Q. This conflict of the Government, then, 
 that was concocted by these men, you say 
 was not within the scope or contemplation 
 of the order? 
 
 A. Nothing was ever mentioned in the 
 order, or by any member of the order, until 
 it was communicated by Dodd to me. 
 
 Q. Do you know anything about the Com- 
 mittee of Thirteen 7 
 
 A. I think it was some time in August. 
 On the Saturday that these arms were dis- 
 covered, a young man came to my house 
 iifter supper, and brought me a communica- 
 tion from Dodd and Walker. I think they 
 were in Chicago. They inclosed an address 
 from what was called a Committee of Thir- 
 teen, and requested me to publish it in the 
 Sentinel; and if I did not publish it, they 
 wanted to have it printed in Dodd's oflSce. 
 I told him I had not time to look at it, but 
 if he would come in on Sunday morning, I 
 would let him know. I declined to pub- 
 lish it, and I told him that as I had an in- 
 terest in Dodd's establishment, it could 
 not be published there. I inclosed the 
 communication back to Mr. Walker. 
 
 Q. You say, do you not, that Walker said 
 he wrote the address, and was authorized to 
 use Dodd's name as chairman of the Com- 
 mittee of Thirteen? 
 
 A. I understand there was no such com- 
 mittee. 
 
 Q. Had you any evidence that Walker 
 signed the communication.? 
 
 A. Yes, sir. It was in his handwriting. 
 Dodd also wrote to the same effect from 
 Chicago. 
 
 Q. Had you any more than one conversa- 
 tion with Heffren? 
 
 A. Yes, sir. Heffren came to my oflSce 
 several times; the night before and the 
 night after the meeting on the 16th and 
 17th of February. 
 
 Q. Was it on that occasion you said you 
 would have nothing to do with the order? 
 
 A. Yes, sir; and Heflfren said he con- 
 sidered it a humbug. 
 
 Q. Did he express any opinion about 
 abandoning it 7 
 
 A. Yes, sir. I so understood him. He 
 coincided with my opinion and would do as 
 I had done. 
 
 Q. Did you have any information of Mr. 
 Heflfren's meeting with the organization 
 after that 7 
 
 A. No, sir. 
 
 Q. You stated, did you not, that Mr. Milli- 
 gan was present at the State Council in No- 
 vember ? 
 
 A. Yes, sir. 
 
 Q. Was that the only time you met him 
 at the State Council ? 
 
 A. I met him only that time, and that 
 was the only knowledge I had of his con- 
 nection with the order. 
 
 Q. Have you not stated that nothing was 
 discussed in the order but pure politics, 
 education and literature ? 
 
 A. That was all that was discussed in my 
 hearing. There may have been other mat- 
 ters that I did not hear. 
 
 Q. What was the date of the time when 
 ycJu expressed your determination not to 
 have any more to do with the institu- 
 tion ? 
 
 A. It was after the February meeting. 
 
 Q. Did you not after that time maintain 
 your previous intimacy with members or 
 persons belonging to the organization? 
 
 A. Yes, sir. 
 
 Q. From October until the 15th of Au- 
 gust, when Dodd revealed to you the pur- 
 pose to inaugurate a revolution, did you 
 hear, in or out of the order, of any purpose 
 to inaugurate a revolution by the order 
 itself? 
 
 A. Nothing of the kind. 
 
 Q. Then what was the organization? Was 
 it not purely political ? 
 
 A. That was my understanding. 
 
 Q. Then I will ask you to state whether 
 this conspiracy that Dodd revealed to you 
 was not a conspiracy of Dodd, Walker and 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 105 
 
 one or two others, and not a conspiracy ty 
 the order ? 
 A. That was my understanding, sir. 
 
 UE-EXAMINATION. 
 
 Question by the Judge Advocate : 
 
 Do you say that was your understand- 
 ing? 
 
 A. Yes, sir. 
 
 Q. Was it not your understanding that 
 the leaders of the order were to use the or- 
 der to accomplish this revolution? What 
 position did Dodd hold in the command of 
 the order ? 
 
 A. He was Grand Commander. 
 
 Q. Had he not, accoi"ding to the Consti- 
 tution and Ritual, the power to call it to- 
 gether 7 
 
 A. Yes, sir. 
 
 Q. Were they not sworn to obey implicit^ 
 ly his order ? 
 
 A. Yes, sir. 
 
 Q. Then could he, or could he not, order 
 them to come here armed, as he chose, 
 Was that not in accordance with the obli- 
 gations of the order? 
 
 A. It was not so far as I understood it. 
 
 Q. I ask you the plain, simple question, 
 whether or not, according to the Consti- 
 tution of that order, you were not to obey 
 him implicitly over and above all other 
 commands ? Did you ever see the consti- 
 tution and laws of the order? 
 
 A. T saw them as they were published in 
 the Indianapolis Journal. I saw the book 
 containing them, but never read it ? 
 
 Q. Would you recognize them if you saw 
 the books? 
 
 A. Yes, sir ; I think I should. 
 
 Q. The Judge Advocate here handed the 
 witness a copy of the Constitution of the 
 Supreme Council of the order, and asked, 
 is this one of the books you saw ? 
 
 A. It looks something like it. 
 
 Q. Will you read section 17 of the Gen- 
 eral Laws ? 
 
 A. The witness read the following : 
 
 "Sec. 17. The Grand Commanders shall 
 be the presiding officers of the Grand Coun- 
 cils of the States, execute all laws passed 
 by such Councils, and shall be commanders- 
 in-chief of the military forces of their re- 
 spective States," 
 
 What -I saw was the ritual and the oath ; 
 I never saw this before. 
 
 The Judge Advocate here handed the 
 witness a pamphlet containing the Ritual 
 of the third degree, jtnd asked : 
 
 Q. Is that not the Ritual of the third de- 
 gree? 
 
 A. That ie what it purports to be. 
 
 The Judge Advocate then read the fol- 
 lowing portion of the obligation: 
 
 "I do further swear, that I will, at all 
 times and in all places, yield prompt and 
 implicit obedience to the utmost of my 
 ability without remonstrance, hesitation or 
 
 delay, to any and every mandate, order or 
 request, of my immediate M. E. G. C.,* in 
 all things touching tho purposes of the 0. 
 S. L.,and to defend the principles tliereof, 
 when assailed in my own State or country, 
 in whatsoever capacity may be assigned to 
 me by authority of our order." 
 
 Q. Is that one of the obligations taken 
 by the order ? 
 
 A. Yes, sir. 
 
 Q. I will ask you again, whether the 
 Grand Commander had power to call this 
 order together, and to give them such or- 
 ders as he saw proper? 
 
 A. Yes, sir. That matter came up for 
 discussion, I think. I asked the Grand 
 Commander the question, when I went into 
 the order, whether there was any obliga- 
 tion that would violate my duties or my 
 obligations as a citizen, and he said there 
 was not. I think that was the construc- 
 tion placed upon this obligation : that there 
 would be nothing violating our obligation 
 as citizens. 
 
 Q. You have spoken of this uprising on 
 the 16th. By whom was it contempla- 
 ted? 
 
 A. Dodd gave me no information but 
 this, that he desired me to call a mass 
 meeting of the Democracy, and under 
 cover of that he could accomplish his 
 ends. 
 
 Q. How? 
 
 A. By revolution. 
 
 Q. Who were to inaugurate that revolu- 
 tion? 
 
 A. He expected the men that came here 
 to do it. 
 
 Q. Who were to come here? 
 
 A. That he never explained to me. 
 
 Q. Who, did you gather from what lie 
 said, would do it ? 
 
 A. I should infer from what he said that 
 he expected the assistance of the members 
 of the order. 
 
 Q. Were any promises or pledges, or 
 threats made, on behalf of the Govern- 
 ment, to induce you to give this testimony? 
 
 A. None whatever. 
 
 I think it is due to this Court and to the 
 Judge Advocate, to state that this state- 
 ment is made voluntarily. That I intended 
 to have made it in writing and publish it 
 for my own vindication. 
 
 The Commission then adjourned, to meet 
 at 2 o'clock, P. M. 
 
 AFTERNOON SESSION. 
 
 CoUBT Booh, Indianapolis, Indiana, ) 
 October 28, 18C4, 2 o'clock, P. M.) 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present; also, the Judge 
 Advocate, the accused and their counsel 
 
 << Uoat Bxcallent Qrand Comnuinder. 
 
106 
 
 TREASON TKIALS AT INDIANAPOLIS. 
 
 Felix G. Stidger, a witness for the Gov- 
 ernment, was then introduced, and being 
 duly sworn by the Judge Advocate, testi- 
 fied as follows: 
 
 Question by the Judge Advocate : 
 State your name, place of residence, and 
 business for the last two or three years ? 
 
 Answer. Felix G. Stidger; I live in Mat- 
 toon, Illinois. For the last two or three 
 years I have been in the dry goods business, 
 and I have been a carpenter, And served in 
 the array. 
 
 Q. Where did you reside immediately pre- 
 ceding your living at Mattoon, Illinois ? 
 
 A. At Louisville, Kentucky. - 1 came there 
 on the 15th of April, 1864. 
 Q. Where previous to that ? 
 A. At Taylorsville, Kentucky. 
 Q. How long did you reside there ? 
 A. Two months after leaving the ai'my. 
 Q. When did you leave the army ? 
 A. On "the morning of the 14th of Feb- 
 ruary I received my discharge. 
 
 Q. From what regiment were you dis- 
 charged? 
 
 A. From the 15th Eegiment Kentucky 
 Volunteer Infantry. I was discharged for 
 physical disability. 
 
 Q. Were you with your regiment ? 
 A. No, sir; not a day. I served as clerk 
 in the Adjutant General's office, 1st Divis- 
 ion, 14th Army Corps. 
 
 Q. Who was the Adjutant General? 
 A. Major McDowell, Captain Taylor, now 
 Colonel i5th Kentucky Volunteers, Captain 
 Nevin, Lieutenant Colonel Lyme Starling, 
 formerly chief of General Crittenden's 
 staff, and when I left Captain Wells was 
 Assistant Adjutant General. 
 Q. Who commanded the corps ? 
 A. General Thomas, and part of the time 
 General Palmer. 
 
 Q. What particular duties did you per- 
 form as clerk ? 
 
 A. Applications for resignations, leave of 
 absence, furloughs, sometimes reports of 
 the troops, and special and general orders. 
 Q. Please state to the Court how your 
 attention was first called to the Order of 
 the Sons of Liberty ; and when, if ever, 
 you joined them ? 
 
 A. I was in Captain Jones' office on the 
 morning of the 6th. of May, 1864, and he 
 showed me a letter from General Carring- 
 ton, stating something in reference to Dr. 
 Bowles being a dangerous man, and re- 
 questing him to send a Kentuckian to him; 
 on the receipt of that letter, Captain Jones 
 sent me to Dr. Bowles. I received instruc- 
 tions in the Vestibule, or Neophyte Degree, 
 on that morning ; Mr. Prentice instructed 
 me before I went to see Dr. Bowles. That 
 was on the 5th of May, 1864. I started to 
 see Dr. Bowles on the morning of the 6th, 
 and arrived at his house on the 8th. He re- 
 Bides at French Lick Springs, Orange coun- 
 ty, Indiana. 
 
 Q. Did you go directly to his house? 
 A. No, sir; I stopped at Salem, thinking 
 that was the nearest railroad point, but 
 I found it was twenty odd miles to French 
 Lick Springs, and no regular conveyance. 
 By going further up the railroad to Orleans, 
 it was not so far; there was a regular con- 
 veyance all the time. I stepped off the 
 train at Salem about II in the morning of 
 the 6th of May, and remained there until 
 the night train came along, which was 
 probably 10 o'clock; I then went to Orleans 
 and staid there tiU 12 o'clock the next day, 
 Saturday the 7th, when I took the regular 
 conveyance out to Paoli. On the 8th 1 went 
 to Dr. Bowles' house. On the way to Mr. 
 Bowies', I saw Mr. Hefiren at Salem. 
 
 Q. State how you happened to meet him, 
 and your conversation with him. 
 
 A. I fell in with a man by the name of 
 Drom. I think he stated his name was 
 John, but I am not sure whether it was 
 John or S. He is a clothing merchant, 
 and keeps a store. He saw Mr. Hefifren 
 walking across the square, and remarked 
 that there was one of the Democratic lead- 
 ers of that part of the country. He said 
 something about Heffren wearing a butter- 
 nut pin, and that there had been something 
 said about taking it off him, and that if 
 it had been done there would have been 
 one thousand or fifteen hundred men ready 
 to revenge the insult. Di'om told Hefiren 
 that I was from Kentucky; Hefiren came 
 up and asked if I wished to see him. Ho 
 then went on to tell me that he was ex- 
 pecting a commissioner from Kentucky, 
 from the rebel forces there; ' and I told him 
 about three of Forrest's regiments being 
 disbanded there — in the State of Ken- 
 tucky. 
 
 Q. Did he explain what he meant by the 
 word "commissioner?" 
 
 A. Not at that time; afterward he did. 
 I told him of the three regiments of For- 
 rest's men having been disbanded, and he 
 told me that there were four more to be 
 disbanded. This was what he was expect- 
 ing to hear of, and was expecting a com- 
 missioner from the forces in Kentucky to 
 see him that day or the next, and he did 
 not know but I was probably the man, as I 
 came from Kentucky. I knew nothing 
 more about these three Kentucky regi- 
 ments being disbanded than what I had 
 seen in the newspapers. I understood they 
 were furloughed soldiers who were to re- 
 main at home a certain time, and at a cer- 
 tain signal they were to concentrate when- 
 ever ordered. Mr. Heffren told me during 
 the evening that he could call together, 
 within twenty-four hours, from one thou- 
 sand to fifteen hundred armed men in that 
 section, in connection with that secret or- 
 ganization. He did not say particularly 
 for what purpose he could call them. He 
 asked me if I knew any thing about the 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 107 
 
 Democratic organization; I said I was a 
 member of the first degree of it. He did 
 not mention the name of the order. 
 
 Q. What further conversation had you 
 with Heffren? 
 
 A. 1 had no particular conversation witli 
 him that evening; he promised to see me 
 after supper; but his wife being ill, he did 
 not come. 
 
 Q. Did you state your name and business 
 to him ? 
 
 A. I believe I told him my name was 
 Grundy, but 1 did not state my business at 
 all. 
 
 Q. What time did you leave him ? 
 , A. I suppose it was about sundown when 
 heleftmetogo home. He warnedme of some 
 twoorthreegentlemenwhom hepointed out; 
 one was Joe Faulkner; that I must be par- 
 ticular about what I said ; for he told me he 
 was a United States Detective. He also re- 
 ferred me to the Persise House as being of 
 a, different stripe to the one I was stopping 
 at, which was known as a Union House. 
 He remarked to a gentleman that evening, 
 or a gentleman asked him why a certain 
 lady was sent from Kentucky ; he said he 
 didn't know why it was, except that they 
 expected trouble in Kentucky, and that thi» 
 would be a safer place. He also said, that 
 if Lee succeeded in permanently holding 
 Pennsylvania, and some one else some other 
 point, as he understood it — "things would 
 be different." 
 
 Q. What "things" did he refer to? 
 
 A. I suppose he meant the workings of 
 the Government. 1 left him that night and 
 went to Orleans? 
 
 Q. When did you see Dr. Bowles ? 
 
 A. I went there Sunday morning ; got 
 there about 10 or 11 o'clock. He was from 
 home, and did not return till 6 or 7 in the 
 evening. His wife gave me an introduction 
 to him. My name was given as J. J. Grundy. 
 1 gave this name to Mr. Banning, the keeper 
 of the house, and he so registered it. My 
 first conversation with Bowles was on Mon- 
 day evening. He asked me if I knew any 
 thing about the Democratic organization. 
 I told him I was a member of the first de- 
 gree of it. He did not test me as to whether 
 I was a member. He told me I was sur- 
 rounded by members of that order. He 
 told me that he was a military chief of the 
 order, and that a man by the name of 
 Wright, of St. Louis, was the civil chief, and 
 that the order was numerous. He gave me 
 the name of Mr. Halloway, and said he was 
 the only man in Illinois that he could put 
 his finger on with reliability. He said the 
 forces of Indiana would concentrate in Ken- 
 tucky, and make Kentucky their battle 
 ground; that the forces in Illinois would 
 concentrate in St. Louis, and co-operate 
 with the forces in Missouri; that Illinois 
 would furnish 50,000, Missouri 30,000, and 
 Price was to invade the State with 20,000 
 
 men; with that 100,000 men they were to 
 hold and permanently occupy that State, 
 and the troops of Indiana and Ohio concen- 
 trate at Louisville. I also heard him speak 
 of a man by the name of Stone ; who said 
 he had organized a regiment of men in six 
 weeks in this State, (Indiana,) and that he 
 expected him to raise another regiment. 
 He spoke of another man named Dickerson, 
 who went to Richmond at his pleasure. He 
 lived in Baltimore. He wanted to know 
 how many men Kentucky could fur- 
 nish, and stated that a rebel force under 
 Buckner would come into the eastern part 
 of the State, and witli these forces they in- 
 tended to hold Kentucky. At that time 
 no time had been set for the movement. 
 
 Q. Did you learn from him, or not, that 
 this organization, or secret order, was to act 
 in conjunction with the rebel forces? 
 
 A. They were. He told me that this 
 order was made out of the Knights of the 
 Golden Circle, of which he had been a mem- 
 ber, and that he resurrected this order out 
 of it. He appeared to claim a great deal of 
 credit. 
 
 Q. Was any thing else said at that meet- 
 ing between you and Bowles? 
 
 A. These were the important parts. 
 
 Q. Where did you go afterward ? 
 
 A. 1 went bacli to Kentucky. He was 
 anxious I should use all my exertions in ex- 
 tending the order as much as possible. 
 Bowles told me there was to be a meeting in 
 Indianapolis in about two weeks from then ; 
 and said he would get other reports from 
 Kentucky, but he wanted me to go to Ken- 
 tucky and see what could be done; he was 
 anxious to know what he could report at that 
 meeting. 
 
 ^ I arrived at Dr. Bowles' on the 8th of May, 
 1864; stayed at his house four days, and re- 
 turned to Kentucky about the 12th or I3th' 
 of May. 
 
 Q. Who dill you see upon your return 
 that was connected with this order ? 
 
 A. Dr. Kalfus was the only one I knew 
 to be connected with it. I had some talk 
 with him, and he further initiated me into 
 the order. 
 
 Q. What degrees did you receive from 
 him? 
 
 A. He gave me the first degree. I had 
 previously taken only the Vestibule degree. 
 
 Q. Did you meet Judge Bullitt, of Ken- 
 tucky? 
 
 A. Not until after the second interview 
 with Bowles. I started from Louisville about 
 two weeks after my return from Bowies', 
 probably on the 24th or 25th of May. I did 
 not go direct to Dr. Bowles, but stopped at 
 Salem to see Heffren. I saw him and had 
 some talk with him. He told me he had 
 been to Indianapolis, and had seen Mr. H. H. 
 Dodd, and that they, had concluded to call a 
 meeting of the organization some day be- 
 tween the 13th and 10th of June. He said 
 
108 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 they were the only two men in the State 
 who had the power to call that meeting; 
 that was himself (Hefifren) and Dodd; and 
 that the organization of the State was now 
 about complete ; that it would number be- 
 tween 75,000 and 80,000 men. 
 
 Q. Did you register your name at Salem ? 
 
 A. If I did, it was as J. J. Grdndy. 
 
 Q. Where did you have this talk with 
 neftren? 
 
 A. It was in the sitting-room^of the Per- 
 sise House, on or about the 25th of May. 
 
 Q. How are you enabled to fix that date? 
 
 A. By its being on Wednesday, near two 
 weeks after my return from seeing Dr. 
 Bowles the first time. 
 
 Q. Did you make any report of your visit 
 at that time ? 
 
 A. I made my report to Captain Jones, and 
 lunderstandhe sent it toGeneral Burbridge. 
 
 Q. State the particulars of your second 
 visit to Dr. Bowles ? 
 
 A. I left Salem about II o'clock in the 
 morning, and arrived at Dr. Bowles' that 
 evening. He was not at home. That was 
 on Wednesday. He returned Saturday, at 
 noon. At his home no one appeared to 
 know where he had gone. He told me him- 
 self, that he had been to Indianapolis; had 
 seen Mr. Dodd, Mr. Barrett, of Missouri, 
 Judge Bullitt, and some other gentlemen; 
 and that there would be a meeting of the 
 Grand Council on the 14th of June. He 
 told me that Barrett pledged from Missouri 
 30,000 men, and that Illinois pledged 50,000. 
 The leaders of those States pledged that 
 number of men. The forces of Illinois and 
 Missouri were to co-operate with Price. He 
 said that 20,000 men or more, if Jeff Davis 
 could spare them, werC/to be sent into Mis- 
 souri. He told me, also, that Indiana 
 pledged 40,0Q0, which were to co-operate 
 • with those from Ohio, concentrate near Lou- 
 isville, and oo-uperate with whatever troops 
 Jeif Davis could send into Kentucky under 
 Buckner or Breckinridge; or, if he thought 
 it advisable, he would send Longstreet with 
 them. They had no regular communication 
 with Ohio, but had made arrangements to 
 open up regular communication with their 
 friends there. He also told me of the 
 change in the Supreme Commander to Val- 
 landigham, and that he had been appointed 
 a commissioner to visit Vallandigham in 
 Canada. 
 
 Q. What further conversation had you 
 with Dr. Bowles, at that time ? 
 
 A. He told me that on the Sunday which 
 was the 22d of May, that himself, Mr. Dodd, 
 and a Dutch chemist, whom he had known 
 for years, and a number of other men, ^yhile 
 people thought they were at church, were 
 in a basement, experimenting with Greek 
 fire, which they had now brought to perfec- 
 tion, through this Dutch chemist; that they 
 intended to use it for the destruction of 
 Government property ; that the Jeff Davis 
 
 Government was to pay them ten per cent, 
 for all the property destroyed, taking the 
 estimate, as gi-ven in the Northern papers, 
 of the amount destroyed. He also told ma 
 that the two boats burned at the Louisville 
 wharf last spring, and boats belonging to 
 the Government that had been destroyed 
 on the Mississippi river, and elsewhere, had 
 been burned by this Greek fire. 
 
 Q. Did he then, or at any other time, 
 show you an instrument that would be used 
 for that purpose? 
 
 A. Yes, sir, he did. 
 
 A conical shell was here handed to the 
 witness. [See Illustrations.] 
 
 Q. Have you ever seen this or a similar 
 instrument? 
 
 A. I saw a shell similar to this, at Mr. 
 Booking's room, at the Louisville Hotel, 
 Louisville. 
 
 Q. Who were present ? 
 
 A. Dr. Bowles, Booking, Kalfus, Boyd, 
 Winchestery Miller, and a number of others. 
 
 Q. Were they members of the order ? 
 
 A. Yes, sir. 
 
 Q. You may explain how the shell works. 
 
 A. The space between the innermost 
 cast and the inner shell was to be filled 
 with liquid Greek fire. The space between 
 the inner and outer shell is designed to give 
 room for the inner shell to easily move so as 
 to strike the percussion cap, when projec- 
 ted from a gun, at the moment of striking 
 an object, igniting the powder and bursting 
 the shell. At the same time the Greek fire 
 is ignited. 
 
 A spherical shell was here handed to tha 
 witness. [See Illustrations.] 
 
 Q. Was there a weapon similar to this 
 shown you by Booking? 
 
 A. Booking had none of them at that 
 time, but he drew a diagram of them, and 
 explained the principle of their action to 
 them. 
 
 Q. You may describe its mode of action? 
 
 A. The glass vial inside of the inner shell 
 contains Greek fire, and after it is placed in 
 the inner shell, is surrounded with powder. 
 The inner shell is capped with percussion caps 
 placed on the nipples, which are so arranged 
 that at the moment it strikes, the three caps 
 will be exploded, no matter how it falls. It 
 could be thrown by the hand, and on strik- 
 ing any thing the caps would burst, igniting 
 the powder and bursting the shell. 
 
 Booking, who had some of the Greek firs 
 and experimented with it, also said that tha 
 liquid fire if thrown in a vial would burn 
 any thing against whidh it was thrown. Ho 
 also explained a kind of clock machine, 
 which, being wound up, would run a certain 
 length of time, and at that point would 
 in some way ignite the Greek fire, and a con- 
 flagration would be the result. He did not 
 have one of these machines, but said ha 
 could make them for the benefit of tha 
 Order of Sons of Liberty. He also showed 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 109 
 
 the muster roll of a battery, which he said 
 he had been authorized to raise, and this 
 musterroll exhibited nothing but a listof the 
 rebel prisoners confined in one of the prisons 
 of the United States, and he said that every 
 one of those enlisted in his battery, were 
 enlisted with the understanding that at the 
 first opportunity they were to desert to the 
 enemy, and that one section had deserted 
 and taken over two of the guns. This was 
 said in the presence of Dr. Bowles. 
 
 Q. "When was this meeting held? 
 
 A. On the 28th of June, at Louisville, in 
 Booking's room. 
 
 Q. State what took place in the interview 
 with Dr. Bowles on the 26th of May. What 
 did he say in that interview about Greek 
 fire? 
 
 A. He said they had been experimenting, 
 and had got it about perfect ; that Bullitt 
 knew how it was made; that he wished me 
 to go home and get the order organized and 
 spread over the State, and he wanted me to 
 impress upon the people the idea of this 
 Greek fire, that they would thereby come 
 more readily into the order. He was anxi- 
 ous I should make Judge Bullitt's acquaint- 
 ance, and assist him all I could. From Dr. 
 Bowles I went back to Louisville, and 
 carried a message to Judge Bullitt He 
 told me to make Bullitt's acquaintance, and 
 say to him that he had seen Mr, Andrew 
 Humphreys since their meeting in Indian- 
 apolis, and Mr. Humphreys had agreed to 
 take the position of a brigadier general and 
 charge of the forces in the rear in case of 
 an uprising of the order. 
 
 Q. Did you not speak of Hefiren as the 
 person you saw at Salem ? 
 
 A. Yes, sir. 
 
 Q. Can you identity him as one of the ac- 
 cused? 
 
 A. Yes, sir. 
 
 [The witness here pointed to the accused, 
 Horace Hefifren.] 
 
 Q. Is that the same man with whom you 
 had the conversation at Salem ? 
 
 A. It is, sir. 
 
 Q. You stated, did you not, that Hum- 
 phreys would take charge of the forces in 
 the rear? 
 
 A, Yes, sir. But Bowles did not say what 
 they were to do. We were talking of the 
 order, and I suppose he meant the forces 
 comprised all the members of the order, 
 
 Q. Did you see Judge Bullitt? 
 
 A. I did. 
 
 Q. Was he a member of the order ? 
 
 A. Yes, sir, he was. 
 
 Q. You may state what was done and 
 said in your interview with Judge Bullitt. 
 
 A. I made his acquaintance, and told him 
 what Bowles had told me to tell him. He 
 said it suited him exactly, that Humphreys 
 was willing to take that position. 
 
 Q. What position did he refer to? 
 
 A. It seems that Humphreys had been 
 
 known as a Major General in the order. 
 Bullitt said: "1 have spent a good deal of 
 money in this affair, and I am willing to 
 spend every cent I have; for I hope soon to 
 be able to steal a good living from these 
 damned sons of bitches." 
 
 Q. What official position did Bullitt hold 
 at that time? 
 
 A. He was one of the Judges of the Su- 
 preme Court of Appeals of the State of 
 Kentucky. 
 
 Q. Had you any further conversation ? 
 
 A. Not until a day or two afterward. 
 There were Judge Bullitt, Dr. Chambers, of 
 Gallatin county, Mr. Kalfus, D. C. Whips, 
 Mr. Piper, of Springfield, Illinois, and my- 
 self, in Kalfus' office — in his private room. 
 Chambers had just come down from Gal- 
 latin county, for the purpose of getting in- 
 struction in the work of organizing hia 
 county; there was something said about a 
 man by the name of Coffin having been 
 in the room with Dr. Bowles and others 
 in this city. Chambers said ho knew Cof- 
 fin, that he was a United. States Detective, 
 and called him a good many hard names; 
 he knew he was a United States Detective, 
 he had been a stanch Union man — and 
 that was the only evidence he had of his 
 being a United States Detective. After 
 talking the matter over, they decided he 
 should be murdered. Dr. Bowles had been 
 instrumental in getting him into the order, 
 and they thought that Bowles ought to be 
 instrumental in getting him out. They de- 
 termined to put him out of the way ; he 
 was a United States Detective, and ho 
 should be murdered at all hazards. They 
 sent me with these instructions to Bowles, 
 and I was to go to Indianapolis and get 
 some constitutions of the order, and I was 
 to inform Dodd, and whoever 1 might see, 
 to be on their guard, and do all they could 
 to get shut of him. 
 
 Q. Who sent you ? 
 
 A. It was with the unanimous consent of 
 all parties that I was sent. 
 
 Q. Who were they? 
 
 A. Judge Bullitt, Mr. Piper, Dr. Cham- 
 bers, Dr. Kalfus, and D. C. Whips; they 
 gave me that message to Dr. Bowles; I 
 started on the next day, which was about 
 the first day of June, and took the message 
 to Dr. Bowles. I saw him that same eve- 
 ning. 
 
 Q. What did you say to him ? 
 
 A. I told him what was the decision of 
 Judge Bullitt and others in Louisville; that 
 Coffin was unquestionably a United States 
 Detective; and that as he had been instru- 
 mental in getting him into the order, ho 
 ought to be instrumental in getting him 
 out. He said he knew that two men at 
 the Shoals had initiated Mr. Coflin, and ho 
 knew he had been in the United States 
 employ, but he could explain that to their 
 satisfaction. " But," he said, " I will put two 
 
no 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 men on his track." He gave me their sur- 
 names, hut I do not remember them. He 
 told me to say that he would put two men 
 on his tradi. He did not seem to think 
 Coffin was a dangerous man at all. 
 
 Q, Where did you go after that inters 
 view ? 
 
 A. To Indianapolis. 
 
 Q. Had_ you any further conversation 
 with Bowles? 
 
 A. I revealed to him my true name, and 
 explained to him why I had come to him 
 under an assumed name. 1 told him that 
 when I came to Louisville, I had been 
 watched on the streets by a United States 
 Detective — which was true — and to avoid 
 being troubled by that man I had to go 
 somewhere else, and that I had come to 
 his house to escape him, and that was the 
 reason why I had come to his house under 
 an assumed name. 
 
 Q. At that time did you hold any office? 
 If so, what? 
 
 A. Not until the first of June. From Dr. 
 Bowles' I went to Indianapolis and saw Mr. 
 Dodd and Mr. Harrison. I also received 
 an introduction to Mr. Bingham and Dr. 
 Gatling. The first man I saw to whom I 
 made myself known was Mr. Dodd. I 
 stopped at the Palmer House and register- 
 ed under my real name, Felix G. Stidger. 
 It was on the first Saturday in June that I 
 arrived here. 
 
 Q. Where did you see Dodd? 
 
 A. Judge Bullitt directed me how to go 
 from that house to Dodd's building that I 
 might be able to find it without inquiring 
 of any one, and creating suspicion. I went 
 there, but did not find him. I inquired 
 where he lived, and went out to his house. 
 I was told there he had gone down town, 
 a,nd that I would probably find him at 
 Bingham's office. I went to Mr. Bingham's 
 office and found him there. I gave him the 
 letter of introduction from Judge Bullitt; 
 and Mr. Dodd then called out to Mr. Bing- 
 ham and Dr. Gatling and gave my intro- 
 duction to them. Mr. Dodd invited me 
 and Dr. Gatling to go up to his' office. 
 
 Q. What passed between you and Dodd 
 at his office? 
 
 A. I told him that he had neglected to 
 put up the constitutions in the books Bul- 
 litt had brought. I also spoke about Coffin, 
 and said that ■ Bowles would put two men 
 on his track, but I had forgotten their 
 names. Gatling came up in the office dur- 
 ing the time I was -there, but I do not re- 
 member whether he was present at the 
 lime or not. 
 
 Q. What else occurred? 
 
 A. Dodd went with me to Harrison's 
 house, and he inquired of some persons in 
 the building if they knew where Mr. Har- 
 rison lived. Some one told him where he 
 lived, and we went out to Harrison's house. 
 He showed him my letter of introduction 
 
 from Bullitt, and said that I would like to 
 see him at his office in the evening. I saw 
 him at his office in the evening, and had 
 some conversation with him. He gave 
 me the rituals and constitution of the or- 
 der, and the address of the Grand Com- 
 mander of the State of Indiana, delivered 
 on the 16th or 17th of February, and also 
 instructed me in the third degree of the or- 
 der ; I never took the obligation, but he in- 
 structed me in it. 
 
 Q. Did you receive any money from mem- 
 bers of the order ? 
 
 A. Judge Bullitt gave me a check on the 
 Bank of Kentucky for $25. 
 
 Q. Did you have any conversation with 
 Dr. Gatling in Dodd's office? 
 
 A. There was something said about his 
 coflfee-mill gun, and he remarked that he 
 was glad the Government did not take it, 
 as he wanted it for the South; that he had 
 sent a man to Europe, or had made ar- 
 rangements to send him, to have it patented 
 for the use of the South. 
 
 Q. Was Dodd present? 
 
 A. Yes, sir ; he was. 
 
 The Judge Advocate here handed the 
 witness a pamphlet containing Dodd's ad- 
 dress. [See Appendix.] 
 
 Q. Is that the address you referred to? 
 
 A. Yes, sir ; Harrison gave me a copy of 
 that for Judge Bullitt. 
 
 Q. Did you take them to Judge Bullitt ? 
 
 A. Yes, sir. I saw many copifes of them in 
 Harrison's office. This is the book they 
 used for their secret cypher in this city. 
 By it they sent all important communica- 
 tions through the mail. Harrison told me 
 that was the book thej' used for their se- 
 cret cypher. Bullitt and Bowles also told 
 me about the secret cypher, and that a 
 person might get hold of that secret cypher, 
 but if he had not the key, he could not 
 read it. 
 
 Q. You may explain how the book is 
 used for the secret cypher. 
 - A. We counted from the left, and used fig- 
 ures entirely to spell words. If I wanted 
 to spell the word "the," I would put the 
 figure "3" at the top of the page to indi- 
 cate the page of the book I used. I would 
 put the figure 6 in brackets, as indicating 
 the line of that page, and then 1, 2 and 3, 
 to denote that they were the first, second, 
 and third letters of that line. 
 
 Q. Did any thing take place at Dodd's 
 office that day? 
 
 A. No, sir; not that I recollect. 
 
 Q. Did you see Dodd again at that 
 time? 
 
 A. I came here on Saturday evening, and 
 went home on Monday morning. I did 
 not see Dodd again, and had no further 
 consultation with him. 1 saw General Car- 
 rington and Governor Morton while here, 
 and I made known to them what I had 
 done. General Carrington copied the works 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 Ill 
 
 I had with ma I went back to Louisville 
 from here, and took some books. 
 
 Q. What were those books ? 
 
 A. The constitutions of the county tem- 
 ples, of tlie Grand Council of the State, 
 and of tlie Supreme Council of the United 
 States, and one or two rituals of the order, 
 also an address of the Grand Commander 
 of the State of Indiana. I delivered them 
 first to Dr. Kalfus, and when Dr. Kalfus 
 returned them I gave them to Judge Bul- 
 litt. I arrived at Louisville on Monday, 
 about the 4tli of June. It was immedi- 
 ately after my appointment as Grand Sec- 
 retary of the State of Kentucliy by Judge 
 Bullitt. The date of that appointment was 
 abovit the 4th or otli of June. 
 
 Q. Was that appointment verbal or writ- 
 ten? 
 
 A. We did notliing in writing that we 
 could avoid. I was to receive a salary, but 
 there was nothing stipulated ; we were to go 
 according to the Constitution of the Grand 
 Council of the State of Indiana. I was to 
 receive, as I understood, about $800 per 
 annum. 
 
 Q. Did you ever receive pay for the posi- 
 tion you held? 
 
 A. I received pay from the members of 
 the order, and I collected the initiation fee, 
 and was told by Kalfus and Bullitt to keep 
 it for nav pay. I received about $200. 
 
 Q. What office did Judge Bullitt hold? 
 
 A. He was elected Grand Commander of 
 the State. At that time he was the only 
 Grand Councilman in tlie State. Ho was 
 elected at the meeting of the Grand Coun- 
 cil by members of the different counties of 
 the State of Kentucky. ^ I was not at that 
 meeting. I was at the meeting of the 
 Grand Council in Kentucky on the night 
 of the 27th of .June, 1864. 
 
 Q. Who was present at that meeting? 
 
 A. Judge Bullitt, Mr. W. K. Thomas, a 
 Mr. John J. Felix, of Lawrenceburg, Ken- 
 tucky, two gentlemen from Paris, and Mr. 
 T. J.Bosley; .D. C. Wipps, who was treas- 
 urer of the Grand Council, was there ; also 
 Judge G. Williams, of Hancock county, 
 and some others I do not now remember. 
 There was also a Mr. Tirrell, of Owen coun- 
 ty, or Boone county ; he had formerly been 
 in the Federal army. There were about 
 sixteen or seventeen persons present. 
 
 Q. Was any business transacted ? 
 
 A. Delegates were elected to attend the 
 Supreme Council in Chicago on the first 
 day of July. .Judge Bullitt, by virtue of 
 his office as Grand Commander, was a 
 member. Prior, Winchester and Wipps 
 were all three elected. 
 
 Q. Was any other business of importance 
 transacted at that meeting? Any talk 
 there with reference to the sentiments of 
 the order ? 
 
 A. Mr. Bosley made a short speech about 
 the operations in his part of the country ; 
 
 he is from Shelby county ; and Judge Wil- 
 liams also made a short speech, I believe, 
 about the operations and organization of 
 his county, and of its action in connection 
 with the uprising to resist the Government 
 This received the general sanction of all 
 present. 
 
 Q. Did you attend any meeting in this 
 State before that ? 
 
 A. Yes, sir ; oh the 14th of June. I was 
 told by Dr. Bowles when the meeting would 
 be held, and also by Mr. Dodd. They both 
 said they would like me to be here if I 
 could come, and I did come. 
 
 Q. Who was present at that meeting? 
 
 A. The meeting was held in the building 
 occupied by Dodd as a printing establish- 
 ment. Dodd was present and presided 
 over the meeting. Mr. Harrison was there 
 as Secretary. Mr. Heffren's name was called 
 as Deputy Grand Commander, but he 
 was not present. Mr. Bowles, Mr. Milligan 
 and Mr. Humphreys were there. Mr. Dodd 
 told me it was Andrew Humphreys. I 
 think I know Mr. Humphreys, but I could 
 not swear to him positively. Mr. Milligan, 
 whom I see present in this room, (the wit- 
 ness here pointed to the accused, L. P. 
 Milligan,) is the same that was present; 
 also Dr. Bowles, one of the accused. There 
 was a Judge Borton, or Borden, also pres- 
 ent. A Mr. Otey, an old gentleman, was 
 there; also, Mr. Gatling, and Dr Athon, 
 Secretary of State; Mr. McBride, from 
 Evansville, and a Mr. Everett, fi-om 
 Evansville, also a Mr. Thompson. I re- 
 member his being appointed on a com- 
 mittee. Thompson and, I think, Dr. Athon 
 and McBride were the three gentlemen 
 appointed on that committee to exam- 
 ine an invention that had been inven- 
 ted by a member of the order, and the 
 committee reported that the invention was 
 a good one, and ought to be adopted by 
 the order; they recommended that it be 
 turned over to the Committee of Thirteen, 
 who should distribute it to those members 
 of the order that in their judgment might 
 be intrusted with it. I know he was on 
 two committees during the day. There 
 was also a committee on military affairs, 
 and one on the subject of education. Mil- 
 ligan, Bowles, McBride and Dr. Gatling 
 were four of the military committee, the 
 other I do not remember. 
 
 Q. Was any thing reported by the Mili- 
 tary Committee? 
 
 A. Yes, sir ; they reported a bill setting 
 forth their views, that the order ought to 
 be organized as a military organization at 
 once, and armed. 
 
 Q. When was this ? 
 
 A. This was on the l4th of June. Dodd, 
 at the opening of the meeting, read an ad- 
 dress to consider if the order had any poli- 
 tics, and if so, what they were. The sub- 
 ject of education was considered, and also 
 
112 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 if the time for action was not at hand. 
 These were the main points of his address. 
 
 Q. Were any military appointments made 
 at that meeting ? 
 
 Yes, sir; one Mr. "Walker was elected a 
 Major General. There were | elections of 
 delegates to the Supreme Council, which 
 was a meeting of delegates from the differ- 
 ent State Councils, to be held at Chicago on 
 the first day of July. 
 
 Q. Who was elected? 
 
 A. Mr. Dodd, by 'virtue of his rank as 
 Grand Commander, was one; J. G. Davis 
 and Mr. Lasselle were elected; and the 
 Major Generals, by virtue of their rank, 
 were ex nffido members. 
 
 Q. Do you know who were the Major 
 Generals of the order at that time? 
 
 A. Mr. Milligan, Mr. Bowles, Mr. Humph- 
 reys and Mr. Walker, who was elected vice 
 Mr. Yeakle, who, it seems, had been a Ma- 
 jor General, but was now thrown out. 
 Walker was said to be a man who had some 
 military experience. 
 
 Q. Was there any protest on the part' of 
 Milligan on his accepting this appointment? 
 
 A. Not a word. They were not elected 
 that day; they had been elected before. 
 Mr. Dodd called over their names as Major 
 Generals. Walker was the only Major Gen- 
 eral elected that day. 
 
 Q. Did any thing else take place at that 
 meeting? 
 
 A. The subject of Mr. Coffin was dis- 
 cussed at considerable length. McBride, 
 of Evansville, had a great deal to say about 
 it. He knew Coffin about Evansville as a 
 Government Detective; that he had been 
 engaged in sending contraband goods South, 
 they were taken, and it got the people into 
 trouble; he believed that he was still in that 
 kind of business. McBride also said he 
 had a report of the order known as the 
 Loyal League; that he had men in the 
 order who reported to him every thing that 
 occurred; he said a good deal about the 
 Government damning secret organizations, 
 when here was one they supported them- 
 selves. He also said that the men of Van- 
 derburg and Posey counties were members 
 of this order, and also several of the Home 
 Guard companies of the Legion, and he 
 said that two or three companies there who 
 had Government arms, were under his con- 
 trol. Pie said something about an election 
 there, when the members of this order went 
 to tlie polls armed; the members of the 
 Home Guards were there, also armed, he 
 said, but they knew the members of the 
 order were armed, and did not attempt to 
 do any thing. He did not say how he knew 
 those other men were armed, but McBride 
 said the members of the order were armed.' 
 
 Q. What else was done at this meeting? 
 
 A. The meeting, generally, was appointed 
 a committee to attend a meeting at Hamil- 
 ton, Ohio. Coffin was expected to be there. 
 
 He had not been seen for several days, and 
 was supposed to be there. Dodd volun- 
 teered his services to go to Hamilton, and 
 if Coffin was there, pick a quarrel with him 
 and shoot him. He wanted to know who 
 would go with him. McBride said he knew 
 Coffin, but he was sorry, he said, that his 
 business was such that he could not go. 
 Bowles, Dodd, Milligan and myself, went to 
 Hamilton the next day. 
 
 Q. Did you see Dodd or Bowles at Ham- 
 ilton? 
 
 A. Yes, sir. I went up to Dodd and 
 Bowles after Vallandigham had got through 
 speaking, to bid them good-by, as I was 
 starting for Cincinnati; and Bowles leaned 
 down and asked me if I had seen CoflBn. 
 I said, "I don't know the man." They 
 then remembered that I had previously 
 told them that I did not know him. They 
 said they did not think Coffin was there, as 
 they could not find him. 
 
 Q. What did Dodd say at the meeting? 
 
 A. I do not remember any thing, save 
 that he said that Government detectives 
 ought to be murdered; he might have said 
 killed. He said if Coffin was at Hamiltoil, 
 he would pick a quarrel with him and shoot 
 him. 
 
 Q. Where did you go then? 
 
 A. To Cincinnati, and thence to Louis- 
 ville. 
 
 Q. When were you here next ? 
 
 A. I got to Louisville on Thursday night, 
 and came up here about the first of the 
 next week — some time during the week. I 
 then saw Dodd and Harrison, and Mr. Jo- 
 seph Eistine, Auditor of State. 
 
 Q. Was any thing said or done ? 
 
 A. I was sent by Judge Bullitt to see 
 about the dispatch which he had received? 
 
 Q. What was that ? 
 
 A. The dispatch was something about 
 Aunt Lucy being sick, and he wanted to 
 know if such a dispatch had been received. 
 Dodd knew nothing about the dispatch. 
 He asked me if I knew what Aunt Lucy 
 meant. I said I did, and told him it had 
 reference to the Southern Confederacy; and 
 he seemed to be satisfied. Bullitt also said 
 something about a letter that Mr. Dodd 
 had gotten. It was a letter to Dodd, Bowles 
 and Kistine,and signed "Dick." He warned 
 them against a man named Coffin. Dodd 
 showed me the letter; he then took me 
 down to the office of Ristine, and they said 
 they supposed the letter was written by 
 Dick Bright. Dodd gave me an introduc- 
 tion to Eistine's son, and requested me to 
 stay pretty much all day, and see if Coffin 
 passed by — if so, have Eistine's son point 
 him out to me. They succeeded in point- 
 ing him out to me, about sundown. I staid 
 there pretty near half a day. I had some 
 talk with Ristine about this letter, but I 
 don't remember whether any thing was said 
 about the order or not. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 113 
 
 Q. Did any thing further tako place at 
 Indianapolis during that visit? 
 
 A. Not that 1 recollect. 
 
 Q. Where did you go next? 
 
 A. From here 5 went back to Louisville. 
 There I saw Thomas, Bullitt, Kalfus and 
 others, in Kalfus' office. I was initiated into 
 the order at Louisville. 
 
 Q. When were you here next after thi^t? 
 
 A. I was here the next time about the 
 last of July. I then saw Dodd, Dr. Athon 
 and Mr. Harrison. 
 
 Q. Did you learn any thing of import- 
 ance? 
 
 A. Yes, sir; Judge Bullitt had started to 
 Chicago on the evening of the 19th of July. 
 He said that Dodd and a number of the 
 other leaders of the order from this State 
 and Illinois were to be at Chicago to have a 
 conference there. Bullitt started to Chi- 
 cago on the I9th of July. We expected 
 him back in four or five days, and as he did 
 not come on Thursday night, July 28, I 
 came up here, and on Friday morning I 
 saw Dodd coming up from toward the depot 
 I went down to his office about 10 o'clock, 
 and he told me he had just come into the 
 city on a train. He said Judge Bullitt 
 would be at home on that day or Saturday: 
 He thought likely he might go through 
 here, but he was not sure. He therefore 
 wished me to go home and get twenty or 
 thirty good runners, so that as soon as 
 Judge Bullitt returned they might be sent 
 off He said the programme was arranged, 
 and every thing ready. I went to see Dr. 
 Athon, and had some talk with him. Dodd 
 went around without me, and said, "You 
 can come around after a bit." He didn't 
 want both of us seen going there together, 
 as he thought it would look suspicious. 
 
 Q.. What did Dodd tell him ? 
 
 A. He did not tell him that the time was 
 set, but I told Dr. Athon afterward what 
 Dodd bad said. 
 
 Q. When did you tell him that ? 
 
 A. I told Dr. Athon of it the same day. 
 Athon did not seem to think that the time 
 had come yet for revolution, but t,hat it 
 would come. He said it would not be suc- 
 cessful now. 
 
 Q. Did he discourage you in any way ? 
 
 A. No, sir. He said the time had not 
 come, but that the time would come when 
 it would be successful 
 
 Q. Did Dodd open to you this scheme, in 
 any way ? 
 
 A. No, sir. He told me there was to be 
 a meeting of some of the heads of the order 
 here on the Tuesday following, and he- 
 would like Judge Bullitt to be here; and 
 he wished me to tell him to come, or send 
 some reliable man that he could depend 
 upon to learn what their conclusion was. 
 
 Q. What were those couriers to do ? 
 
 A. They were to notify our men where 
 and when to concentrate. 
 8 
 
 Q. What was decided at Chicago ? 
 
 A. There was a difference of opinion there 
 as to the day when the programme was to 
 be carried out, and the time was to be 
 settled here at the meeting on Tuesday. 
 
 Q. When did you see Bullitt next ? 
 
 A. When I was on the cars the next day 
 I saw Bullitt. He was dusty, as though he 
 had been traveling. He said he had come 
 in on the Bellefontaine train, and that he 
 had left a note for Dodd, but had left it 
 at the house of some one else. He asked 
 me to go on into the front car. He said he 
 had been registering his name as Charle« 
 Smith. We went into a car where there 
 were but a few people, and he told me the 
 programme was all arranged for this up- 
 rising, how it was to be conducted, and all 
 about it. When we got to Jeffersonville, he 
 got him a buggy. On Saturday he wished 
 to have A. O. Brannan and Dr. Bayless sent 
 out to him, and on Sunday Kalfus and 
 Thomas, and to those four he would com- 
 municate the uprising of the order. He 
 said he expected to be arrested, but if he 
 saw all these men, he didn't care if he was 
 arrested 
 
 When we got to Louisville, as soon as the 
 ferry boat landed, a young man came on 
 board for his arrest Young Hewitt did it. 
 
 On Monday night I was sent back here to 
 Dodd by Kalfus and Thomas, to get the 
 final arrangefflents-tis soon as they were con- 
 cluded on, and I was to go back and report 
 to them. I came on Monday night On 
 Friday night, when we were at Dodd's house, 
 he said he would send his son for Bowles to 
 be here, and that he sent Mr. Harrison to 
 go after some other gentlemen. Mr. Harri- 
 son was to go to Lafayette for one person, 
 and he pulled out his money, and gave him 
 sufficient to pay his expenses. 
 
 I went to see Dodd after I came back. 
 He seemed very much excited, gritted his 
 teeth, and said that he hoped they had acted 
 the gentlemen, and had not searched Bullitt, 
 as he had drafts on Montreal He then went 
 to work and gave me the programme. I 
 think this was about the 2d of August. He 
 showed and read me letters from two or 
 three gentlemen. They were not signed by 
 any name, but they were fully concurring 
 in the matter. He had sent them word, 
 and they didn't come here. Then he told 
 me what the programme was, and impressed 
 upon me the importance of secrecy. He 
 said if Bullitt had not been arrested, I could 
 not have got the programme at all 
 
 He said they had abandoned the idea of 
 holding the secret meetings, but would hold 
 them hereafter as Democratic mass meet- 
 ings, and that one was to be held at Peoria, 
 III, on the 3d of August, I think. Another 
 here on the 15th or 16th of August, and 
 that his men would be instructed to. come 
 here armed : that they were going to work 
 to release the prisoners here, and seiae the 
 
114 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 arsenal here, at Springfield and Chicago, 111., 
 and Columbus, Ohio, on the same day, and 
 to retease the prisoners at Johnson's Island 
 and Camp Chase, Ohio, and at Camp Doug- 
 las and Rock Island, 111., and then proceed to 
 Louisville, and take possession of the arsenal 
 there and at Frankfort, Ky., and with the 
 rebel prisoners armed they would go to 
 work. Their difference at Chicago was 
 whether they should wait until the rebel 
 forces should be sent into Eastern Ken- 
 tucky to co-operate with them, or to make 
 their uprising now, and co-operate with the 
 rebel forces when Davis could send them. 
 
 Q. What was Dodd's opinion ? 
 
 A. His idea was to go ahead on the 15th 
 or 16th of August, and these letters from 
 these men agreed with him. Mr. Walker 
 was to be here from New York on the 
 Thursday after I saw Mr. Dodd, which was 
 on Tuesday. 
 
 Q. Do you know why this insurrection 
 was put off?' 
 
 A I do not. I never saw Dodd afterward 
 until I saw him here. 
 
 The Commission then adjourned, to meet 
 on Tuesday, November 2, at 9 o'clock, A. M. 
 
 CoTOT EooM, Indianapolis, Indiana, ) 
 November 2, 1864, 9 o'clock, A. M. / 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present. Also, the 
 Judge Advocate, the accused, and their 
 counsel. 
 
 The proceedings were read and approved. 
 
 The accused, Stephen Horsey, presented 
 the following : 
 To the President and Members of the Military 
 
 Commission, now in Session : 
 
 The undersigned, Stephen Horsey, one 
 of the defendants now on trial, being with- 
 out counsel, respectfully requests that the 
 Hon. Thomas R. Cobb be admitted as coun- 
 sel for him on this trial. 
 
 [Signed] STEPHEN HORSEY. 
 
 November 2, 1864. 
 
 The examination of Felix &. Stidger, a 
 ■witness for the Government, was then re- 
 sumed as follows : 
 
 Question by the Judge Advocate: 
 
 State whether in any of those conversa- 
 tisne with either Heffren or Bowles, they 
 stated to you what this order numbered in 
 the States of Indiana, Illinois, Missouri, and 
 Ohio. 
 
 Answer. Heffren told me that the organ- 
 ization of the order was about complete in 
 Indiana, and the number was between 
 seventy-five and eighty thousand men. I 
 never understood any definite number in 
 Illinois or Missouri, but I understood that 
 the heads of the order from those States 
 pledged ftom Illinois fifty thousand to go 
 to the field, and thirty thousand from Mis- 
 souri. Ohio never stipulated any definite 
 number, but would furnish men. 
 
 Q. What, if any thing, was said to you 
 by Heffren or Bowles, as to the extent of 
 the arming of the organisation, and with 
 what kind of arms ? 
 
 A. Bowles made a statement in the Coun- 
 cil of the 14th of June, that the organiziv* 
 tion in his county numbered about six hun- 
 dred men, but that there was a military 
 or^nization amounting to nine hundred 
 men, armed and equipped. 
 
 Q. Was this military organization outside 
 of the order? 
 
 A. I do not know. He said the Order of 
 the Sons of Liberty numbered six hundred 
 men in his county, and nine hundred ruen 
 armed and equipped; but he did not say 
 with what arms. He also stated that he 
 had an arrangement with a man to furnish 
 any number or kind of arms. He made 
 this statement in the Grand Council of the 
 14th of June, in the way of a speech. 
 
 Q. Who was present at the time he was 
 making that speech ? 
 
 A. Mr. Dodd was present; Mr. Harrison 
 and Mr. Milligan were there, and Mr. Hor- 
 sey was there at one time. Mr. Bowles 
 made a remark two or three times during 
 the day. 
 
 Q. Was Mr. Bingham present at that 
 meeting? 
 
 A. No, sir; not on the 14th of June that 
 I saw. 
 
 Q. Was it stated what State should be 
 made the battle-ground ? 
 
 A. Kentucky and Missouri; that was 
 what Bowles and Dodd told me. 
 
 Q. What was said, if any thing, in refer- 
 ence to any understanding with the Con- 
 federate forces ? 
 
 A. Bowles said they would go to Ken- 
 tucky and have a regular understanding 
 with the Confederates, and act in concert 
 with them ; and that they had sent a man 
 named Dickerson to Richmond to have the 
 Confederate avithorities send an invading 
 force to act in concert with their order. 
 
 Q. Was there any concert with the rebel 
 forces in Kentucky or elsewhere ? 
 
 A. There was communication between 
 this order an^ the guerrillas, in Kentucky. 
 Bullitt instructed a man to Iry and get a 
 place appointed for him to meet Colonel 
 Jesse, said to be a rebel Colonel in com- 
 mand of the rebel forces in Kentucky ; and 
 he instructed this man to go to Colonel 
 Syphert, a rebel Colonel, said to be in com- 
 mand of a rebel squad, and have a, confer- 
 ence with him about the capture of Louis- 
 ville. 
 
 Q. Had you any conversation with Bowles 
 in reference to communication with the 
 rebels ? 
 
 A. I had. Bowles at first objected to this 
 uprising, until the rebels should invade the 
 eastern part of the State, as he said they 
 would. This man Dickerson was sent South 
 to oommunieate with , the rebel forces. 
 
TEBASON TRIALS AT INDIANAPOLIS. 
 
 115 
 
 Bowles said he would consent to the upris- 
 ing on the 15th or 16th of August, as Dodd 
 had said, provided Colonel Syphert, Colonel 
 Jesse, and Walker Taylor would assist in 
 the capture of Louisville until the forces 
 of this State could get there. 
 
 Q. What forces of this State were refer- 
 red to? 
 
 A. The uprising of the Sons of Liberty. 
 
 Q. Have you any knowledge of attempts 
 or efforts on the part of any members of 
 this order to procure arms ? If so, what 
 kind? 
 
 A. Not directly. The question of arming 
 was discussed on the 14th of June. Some 
 said, tax the members of the order ; others 
 contended that each district should arm 
 itself; while others contended that each 
 individual should arm himself, to resist the 
 Government, and that to do so, they would 
 dispense with the luxuries of life, to pro- 
 cure money to get arms with which to re- 
 sist the Government 
 
 Q. Had you any talk, individually, with 
 Bowles, or any other member of the order, 
 in reference to procuring arms ? 
 
 A. Bowles wanted to know, the last time 
 I saw him, if I knew Peters, of Cincinnati ; 
 he wanted to get arms of him; and also 
 B. C. Kent, of New Albany, Indiana ; he 
 wanted to communicate through him with 
 Dr. Gordon, of New Albany, that he might 
 have arms shipped to Gordon, and wagoned 
 out into the country. 
 
 Q. Have you any knowledge of any ef- 
 forts to procure lances ? 
 
 A. Dr. Bowles asked me if I could have 
 three or four thousand lances made; he 
 wanted that number, and thought they 
 could be made in Kentucky without suspi- 
 cion. He wanted three or four thousand 
 men armed with lances and revolvers; he 
 said he could make them of great ser- 
 vice. 
 
 Q. I think you stated, did you not, that 
 Bowles was present at the meeting in New 
 York? 
 
 A He told me he was. 
 
 Q. Did he tell what was done at the meet- 
 ing in New York, on the 22d of February ? 
 
 A . He said that Vallandigham was elected 
 Supreme Commander that day ; that there 
 was a change in the name of the order, that 
 the ritual was changed, and a slight change 
 in the colloquy, though I do not remember 
 what it was. There was a committee ap- 
 pointed to make a change in the ritual, and 
 after it was made, the manuscript was sent 
 to Vallandigham for his revision. He re- 
 vised it and made one or two additions. 
 He made the addition, "Resistance to tyrants 
 is obedience to God." This was said by Mr. 
 Piper, by Mr. Bowles and other members of 
 the order to have been made by Vallandig- 
 ham. And there was an invocation at the 
 end of the first degree said to have been 
 added by Vallandigham, and a referepce to 
 
 a passage of Scripture, which occurs in the 
 first or third degree, was also said to have 
 been added by Vallandigham. 
 
 Q. Have you any knowledge of money 
 being raised or expended, to procure arms 
 and organize the society? 
 
 A. I was told by Mr. Kern, a member of 
 the order, that Judge Williams, of Ken- 
 tucky, had given $100, and other members 
 $200 for organizing the order, and that he 
 had expended that money in the purchase 
 of arms, and that, they had sent the men 
 with the arms South. 
 
 Q. Where did Kern live ? 
 
 A. In Louisville. 
 
 Q. How do you know him to be a mem- 
 ber of the order ? 
 
 A. By having met him in Council, and 
 having conversations frequently with him. 
 Kalfus also told me that Becking was fur- 
 nished with money for the purpose of get- 
 ting this Greek fire. 
 
 Q. Have you known Bowles to spend 
 money? 
 
 A. He told me he had spent $2,000, for 
 the benefit of the order, and would spend 
 all he had, were it necessary. He did not 
 say in what way he had spent the money. , 
 
 Q. Have you ever had any talk with 
 Bowles with respect to the uprising, and 
 when he favored its taking place? 
 
 A. He told me he cared nothing about 
 the election; he was satisfied Lincoln would 
 be elected; he wanted the time spent in 
 perfecting the organization and getting 
 ready for the uprising. He said he would 
 agree to the uprising on that day, provided 
 the rebel Colonels could be got to act in 
 concert with the order. 
 
 Q. What do you know about this Commit- 
 tee of Thirteen? 
 
 A. The question of a Committee of Thir- 
 teen was discussed in the Grand Council of 
 the 14th of June. They were desirous to 
 have this Committee of Thirteen to carry 
 on the concerns of the Grand Council during 
 its recess; and it was a question whether 
 they should be appointed by the Grand 
 Council or by the Grand Commander, and 
 known only to him. There was a Commit- 
 tee of Thirteen so called, in Kentucky, but 
 I understood from Kalfus it was composed 
 only of seven; they were to carry on the 
 business of the order during the recess. 
 
 Q. State whether or not this organization 
 appointed any men to act as spies upon the 
 Government 
 
 A. McBride said on the 14th of June that 
 he had men acting as spies in the Loyal 
 League, who reported to him every thing that 
 was done. Mr. Harrison also said they had 
 men from outride the order, so that they 
 should not act both ways, employed as spies 
 and acting for the benefit of the order^ 
 Dodd wanted me to act in that capacity. 
 
 Q. Have you ever met, or had consulta- 
 tion with a man by the name of Hines ? 
 
116 
 
 TREASON TEIALS AT INDIANAPOLIS. 
 
 A. No, sir. Piper told me that Hines 
 was appointed on Vallandigham's staff, and 
 that he was then waiting in Canada to take 
 charge of the releasing of the prisoners on 
 Johnson's Island, or EoCk Island, and Bowles 
 of the other. Hines was formerly a Captain 
 in the rebel army, and made his escape from 
 the Ohio State Penitentiary with John 
 Morgan. 
 
 Q. Have you any knowledge of members 
 of the rebel army being initiated into this 
 order ? If so, when and where ? 
 
 A. There was arebel Colonel Anderson, of 
 the 3d rebel Kentucky regiment of Infan- 
 try, initiated into the order, about the last 
 of June, 1864. 
 
 Q. Who initiated him? 
 
 A. Kalfus told me that he gave him the 
 first degree, and directed me to give him 
 the second and third. There was also a 
 Captain Van Morgan who was initiated into 
 the order, and had the full confidence of the 
 members of the order in Kentucky; also 
 Dick Pratt and Jim McCrackhn. There 
 was also another who said he was a Captain 
 of a squad of guerrillas. I saw him initiated 
 in Kalfus' office. 
 
 Q. Who initiated him? 
 
 A. Either Kalfus or myself, I do not 
 recollect which. Kalfus I know gave me 
 an introduction to him. E^alfus I know 
 initiated those other men. 
 
 Q. Where? 
 
 A. He told me that he did it in his office. 
 I conversed with one of them afterward, 
 and satisfied myself that he was a member 
 of the order. 
 
 Q. You may now give to the Court some 
 of the signs, grips, passwords, and colloquies 
 of the different degrees of the order. 
 
 [The witness here replied substantially 
 and in detail as on page 51.] 
 
 [A pamphlet was here handed to the 
 witness by the Judge Advocate.] 
 
 Q. What is that ? 
 
 A. It is the Constitution of the Supreme 
 Council. I reoogni^ it by having seen it 
 frequently before, and from having been 
 instructed by Dodd, Bullitt, and Harrison, 
 that it was that work. 
 
 Q. Have you ever used it in instructing 
 others ? 
 
 A. No, sir. I do not know that I have. 
 We only had one or two copies in our State. 
 I have frequently told persons of such a 
 book. 
 
 A pamphlet entitled Constitution an4 
 Laws of the S. C. was then introduced in 
 evidence by the Judge Advocate. [See Ap- 
 pendix.] 
 
 Also, a letter bearing date October 8, 1863. 
 
 Also, a letter bearing date June 28, 1864. 
 
 Q. Are there any private marks of tha 
 order on the letter of June 28th ? 
 
 A. Yes, sir. There are. The letters 0. 
 S. L. are written under the date, in small 
 characters, and would be calculated to mis- 
 
 lead a person who did not particularly no- 
 tice them. S. C. means Supreme Com- 
 mander; or it may mean Supreme CounciL 
 These letters make it an official letter. 
 
 CKOSS-EXAMlNATIOlf. 
 
 I was initiated in the Vestibule degree of 
 the Order of the Sons of Liberty on the 5th 
 of May, 1864. I took the first degree about 
 the 25th or 26th of May, 1864. I entered 
 the order as a regular member, and as a 
 United States Detective, and I took the sev- 
 eral degrees for the purpose of disclosing 
 its secrets to the officers of the Government. 
 I kept the authorities posted by reporting 
 sometimes as often as twice a week. While 
 a member of the order, 1 was engaged part 
 of the time in Nelson and Bullitt, Ken- 
 tucky, in extending the organization. I 
 organized some county temples, and initia- 
 ted probably forty or fifty members. The 
 authorities knew that I was engaged in this 
 work. 
 
 Q. Then your private and ostensible pur- 
 poses were different. Your private purpose 
 was to commit as many as possible to the 
 treasonable schemes of the order, and to 
 keep the Government officials advised of it, 
 and to bring them to justice at the proper 
 time? 
 
 Question objected to by the Judge Advo- 
 cate. 
 
 The counsel for the accused said it was 
 always competent to show the character of 
 the witness, his feelings, and the connection 
 he has had with the transaction he details. 
 
 The Judge Advocate replied that the 
 counsel for the accused were at liberty to 
 show what were the feelings and purposes 
 of the witness, by inquiring as to his acts, 
 but they could not inquire as to his pur- 
 poses and feelings. 
 
 The Court was cleared for deliberation. 
 On being reopened, the Judge Advocate 
 announced to the accused that the objection 
 was sustained. 
 
 Before the Court was cleared, the counsel 
 for the accused, W. A. Bowles, Andrew 
 Humphreys, Horace Heffren and Stephen 
 Horsey, desired to withdraw the question. 
 It was insisted on, on behalf of L. P. Milli- 
 gan. 
 
 The only instructions I gave to members 
 were those I received from Judge Bullitt, 
 Dr. Kalfus, Dr. Bowles, Mr. Dodd, Mr. Piper 
 and other members. Piper represented 
 himself as from Springfield, Illinois, and as 
 having an appointment on Vallandigham's 
 staff. He said he had orders from Vallan- 
 digham to Judge Bullitt and Dr. Bowles, 
 respecting the time set for the uprising of 
 the order. Judge Bullitt was Grand Com- 
 mander of Kentucky. I carried messages 
 from Bullitt to Kalfus and Bowles about 
 the murder of Coffin. At a meeting in Dr. 
 Kalfus' office, at which Bullitt, Kalfus, Pi- 
 per, and Dr. Chambers, of Warsaw, Gallatin 
 
TREASON fMALS AT INDIANAPOLIS. 
 
 117 
 
 county, Kentucky, were present; Bullitt and 
 Chambers were the strongest in their ex- 
 pressions that Coifin should be killed, and 
 no one disagreed. 
 
 [A lengthy cross-examination on the wit- 
 ness' interviews with Horace Hefl'ren here 
 took place, but no additional facts were 
 elucidated.] 
 
 I understood from Dr. Bowles that Book- 
 ing was a member of the order. Booking 
 is a foreigner. Dr. Bowles, Dr. Kalfus, 
 Charley Miller, Boyd Winchester and oth- 
 ers, were present when Booking explained, 
 in his room at the Louisville Hotel, Louis- 
 ville, his different applications of Greek 
 fire. He exhibited his shell, and drew a 
 diagram of his hand-grenade, and explained 
 it, together with his clock invention. 1 
 never heard of these things being brought 
 to the notice and offered to the United 
 States Government. Dr. Bowles said that 
 the rebel Government would pay ten per 
 cent for all Government property destroyed, 
 taking the estimated amount from North- 
 ern papers. He wished me to impress it 
 upon the people of Kentucky that this was 
 a fact, and the inventions of Booking and 
 the Greek fire were to be spoken of to give 
 the peoplM confidence in the order as to 
 what it was to accomplish. Booking, I 
 know, had been to Canada with his inven- 
 tions. Bowles, in referring to this, said, 
 "We sent him to Canada to see if he was 
 willing to spend his money for the benefit 
 of the Order of the Sons of Liberty." 
 
 Bowles, in making his speech before the 
 Grand Council on the 14th of June, when 
 the Council was getting an estimate of the 
 number of men in the order^that they 
 could depend on, said they numbered six 
 hundred in his county, and that he had an 
 organization of nine hundred men armed 
 and equipped. He did not state what they 
 were to do, or what they were armed for. 
 Dodd, in the course of that meeting, said it 
 was for the purpose of forming a military 
 organization, and to see if the time of ac- 
 tion was not near at hand. I do not know 
 that there had been any military organiza- 
 tion up to that time, but the object stated 
 then was, to perfect a military organization; 
 and to this end a Committee on Military 
 Affairs was appointed to report on a plan 
 for its complete ijailitary organization. 
 
 At the June meeting of the Council there 
 was a Mr. Andrew Humphreys, or Dr. 
 Humphrej's. He was called by both names. 
 The Mr. Humphreys I refer to, resembles 
 that gentleman (the witness here pointed 
 to the accused), but I could not swear posi- 
 tively that he is the man. Mr. Heffren's 
 name was called as Deputy Grand Com- 
 mander, but he was not present. I could 
 not say, positively, that Humphreys was 
 aver initiated into the order, unless lie was 
 the same that was present that day. I 
 heard it said that he was a Major General 
 
 There were three sessions that day, the first 
 from 10 to 1, another in the afternoon, 
 and another after supper. Dr. or Andrew 
 Humphreys was present at the morning 
 and afternoon session. I do not remember 
 whether he was present at the evening ses- 
 sion- or not. This Humphreys sat just back 
 of me, and was referred to once or twice. 
 
 I met Bowles in the Council of the 14th 
 of June, and at the meeting of members of 
 the order at Booking's room at the Louis- 
 vijie Hotel. Horsey was at the Council of 
 the 14th of June, but he came in lata 
 He was asked why he was so careless as to 
 initiate such men as Coffin into the order, 
 which he had done. 
 
 The murder of Coffin was discussed in open 
 Council. Dr. Bowles participated in that 
 discussion. There was not a dissenting 
 voice with respect to the murder of Coffin 
 at that or any other time. I did not know 
 that Coffin contemplated being at the meet- 
 ing, though I expected that he would be, 
 and I started a Mr. Prentice, a Government 
 Detective, to Hamilton that evening, the 
 14th, to inform Coffin of his intended 
 murder. 1 told him to tell Coffin if he 
 was at Hamilton, to be on his guard, as 
 there would probably be an attempt to as- 
 sassinate him. Coffin did not go to Hamil- 
 ton. 
 
 I do not know with respect to this State, 
 but in Kentucky, members of the order who 
 were initated, were instructed in the mili- 
 tary character of the order. Judge Bullitt, 
 Dr. Kalfus, myself, or whoever initiated 
 members, always instructed them that the 
 order was for the purpose of resisting the 
 Government by force of arms, and for as- 
 sisting the South. More or less of these 
 instructions were given, according as the 
 members were deemed reliable or other- 
 wise. The order had a means of ascertain- 
 ing the number of arnfl possessed by the 
 members, by having returns made by the 
 County Temples, in or under the guise 
 of a subscription list for certain Democratic 
 newspapers. For instance, a person pre- 
 tending to subscribe for the Cincinnati 
 Enquirer, meant that he had a revolver ; if 
 for the Chicago Times, that he had a shot 
 gun; if for- the Louisville .Dcmoo-ai!, that he 
 had a rifle; and under the head of Miscel- 
 laneous, would be indicated the amount of 
 ammunition he had on hand. This method 
 of obtaining returns was resorted to, that 
 it might be kept a secret from those who 
 were not acquainted with the plan. 
 
 The Commission then adjourned, to meet 
 on Thursday, November 3, at 9 o'clock, A. M. 
 
 CotJRT ROOU, IMDIAIIIPOLIS, IkDIANA, ) 
 
 NsTember 3, 1861, !) o'clock, A.M.) 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present; also the Judgo 
 Advocate, the counsel, and the accused. 
 
118 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 The proceedings were read and ap- 
 proved. 
 
 The cross-examination of Felix G. Stid- 
 ger was then resumed as follows: 
 
 As a detective, I was in the habit of com- 
 municating the progress the order was 
 making to General Carrington, Captain 
 Jones, Provost Marshal, and afterward to 
 Colonel Thomas B. Farley, when he occu- 
 pied that post. Governor Morton I proba- 
 bly met two or three times, and communica- 
 ted to him what I knew. My reports to 
 General Carrington were sometimes writ- 
 ten and sometimes given in person. I was 
 entirely free and confidential in my com- 
 munications with the General, and as a gen- 
 eral thing he left me entirely to my own 
 discretion, as to the course I sho\ild adopt 
 in my investigations. The man named 
 Dickerson, referred to in my direct exam- 
 ination, Bowles told me, lived in Baltimore, 
 and that he went to Eiohmond at his 
 pleasure. Bowles also told me, that he 
 had received a letter from Dipkerson, who 
 was just home from Bichmond. He wan- 
 ted to know how many men Kentucky 
 would give. I told him probably forty, 
 fifty, or sixty thousand men ; as it , was a 
 revolutionary State, I thought she would 
 furnish that number to assist in the design 
 he was speaking' of, namely, revolution in 
 the North and assisting the South, 
 
 The last conversation I had with Dr. 
 Bowles was about the 6th or 7th of August, 
 when I was at his house with the pro- 
 gramme which I got from Dodd. He re- 
 marked that Dodd had no right to change 
 the programme; that they should have 
 awaited the action of the rebel forces; 
 but finally he determined that they would 
 act without the co-operation of the rebels, 
 if they could not get it Bowles told me he 
 had received notice of the change. That 
 was the time I met Dodd's son returning 
 from Bowles' house, and Bowles told me he 
 had been there. 
 
 When Milligan's name was called as a 
 Major General, he made no particular re- 
 sponse,'-and he made no objection that I 
 heard; the list was called by the Grand 
 Commander. The Council at Chicago, at 
 which Dr. Bowles was present, was about 
 the 20th of July. I do not know whether 
 Mr. Milligan was present or not. The 
 meeting at Hamilton, at which Mr. Milli- 
 gan was present, was a Democratic mass 
 meeting to nominate delegates to the Chi- 
 cago Convention. Bowles, Dodd, Milligan 
 and myself went on the same train to 
 Hamilton, but I had no conversation at all 
 with him. 
 
 BE-EXAMINATIOIf, 
 
 At the meeting of Bowles, Kalfus and 
 others at Booking s room, at the Louisville 
 Hotel, Louisville, Booking explained, but 
 did not exhibit, some kind of clock ma- 
 
 chinery that could be wound up and set to 
 run any specified length of time; it had a 
 Greek fire attachment. - This machine 
 could be put into a box or trunk, and with- 
 out ^exciting any suspicion, be left on board 
 a steamer, or in a building, which would 
 be set on fire at any time at which the 
 clock might be set. 
 
 The nine hundred armed men, of whom 
 I have spoken, that were in Dr. Bowles' 
 county, were all amenable to the ofScers of 
 the order ; and though some of them had only 
 been initiated into the Order of American 
 Knights, they were amenable to the oflScers 
 of the Order of the Sons of Liberty. Those 
 members of the Order of American Knights 
 who had only taken the first or vestibule 
 degree, and were armed, were counted on 
 in case of necessity. I was requested by 
 Judge Bullitt, Dr. Kalfus, Mr. Thomas and 
 other members of the order, to organize the 
 order as fast as possible; they furnished me 
 with money to pay my traveling expenses. 
 They also sent me down the Nashville Eail- 
 road to learn the position of the Federal 
 troops, and the number of guns on that 
 Railroad at difi'erent points. I went down 
 as far as Bowling Green. 
 
 Colonel Waekeb, a witness f^- the Gov- 
 ernment, was then introduced, and being 
 duly sworn by the Judge Advocate, testified 
 as follows : 
 Question by the Judge Advocate : 
 State your nameand theposition youhold? 
 Answer. A. J. Warner, Colonel of the 17th 
 V. R. C, and Commander of the Post at In- 
 dianapolis. 
 
 Q. State to the Court where you met with 
 that letter ? 
 
 [The Judge Advocate here handed to the 
 witness a letter marked Government Ex- 
 hibit "N."] 
 
 A. This letter was taken by me among 
 other papers from the oflBce of Mr. H. H. Dodd, 
 at the time the arms were seized. Tliis 
 letter was found either in the safe or desk, 
 I am not certain which. I recognize it es- 
 pecially by the signature, and some words 
 which I could not make out. 
 
 Q. In what capacity were you acting, and 
 under what orders, when you seized those 
 papers ? 
 
 A. On Saturday evening, I believe about 
 the 20th of August, I received information 
 that a lot of arms had been shipped secretly 
 tothis place, and had come to the Bellefon- 
 taine Depot. I immediately, in the absence 
 of the District Commander, ordered the 
 Provost Marshal of the Post to seize the 
 arms, and arrest all parties known to be 
 connected with the transaction. From the 
 time I first heard of the shipment of those 
 arms to the time the Provost Marshal 
 reached the depot with wagons, etc., they 
 had been removed to the old Sentinel 
 buildilig. That night, I think, twenty-six 
 boxes of arms and ammunition were taken. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 119 
 
 Q. State what those boxes contained, and 
 how they were marked ? 
 
 A. The boxes were shipped to J. J. Par- 
 sons. On the way-bill they were marked 
 "Stationery," I think. On some of them 
 there were marks indicating that they were 
 Sunday School books, or tracts. Twenty-foui 
 or twenty-six boxes contained fixed ammu- 
 nition for lai'ge sized revolvers ; the balance 
 contained large sized revolvers. They were 
 self-cocking; and were the largest sized re- 
 volvers I have ever seen. 
 
 Q. What was done with those arms? 
 
 A. They were taken possession of by me, 
 and are now deposited, with the ammuni- 
 tion, in the United States arsenal. 
 
 Q. How many arms were there ? 
 
 A. Between three hundred and fifty and 
 four hundred revolvers. The boxes con- 
 tained mostly ammunition. 
 
 Q. Did you find any others 7 
 
 A. On Sunday morning I went down my- 
 self to make a thorough search of the build- 
 ing, and found secreted in the office or room 
 occupied by H. H. Dodd, under books and 
 stationery, six more boxes, making in all 
 thirty-two boxes. 
 ' Q. What did those six boxes contain ? 
 
 A. Part of them contained ai-ms, and part 
 ammunition ; of the same description as 
 those taken on Saturday night. Upon find- 
 ing those arms there, I concluded to look 
 further and see what papers I could find re- 
 lating to them, to see what parties were im- 
 plicated ; consequently a search was made 
 in the desk and safe in the room occupied 
 by Dodd. A search was made in other 
 rooms in the building also. 
 
 Q. State whether this instrument was 
 found there? 
 
 [A stamping press was here handed to 
 the witness.] 
 
 A. This was found in the room said to 
 have been occupied by the Grand Secretary 
 of the Order of the Sons of Liberty, together 
 with about two bushels, or more, of rituals, 
 constitutions, etc., of the order. Also, a 
 roll of the members of the order in this 
 city, and papers relating to the order. 
 There were also blanks, note books and 
 orders, some of them printed, and others 
 stamped. 
 
 Q. You may state to the Court whether 
 you recognize that letter. 
 
 [A letter- bearing date May 12, 1864, was 
 here handed to the witness.] 
 
 A. This letter waa also taken from the 
 oflBce of H. H. Dodd; but I do not remem- 
 ber whether from his safe or desk. Part of 
 the letters were found in his desk rolled up 
 in bundles, and part were taken from a 
 little drawer in the safe. 
 
 [The letter was here offered in evidence 
 by the Judge Advocate.*] 
 
 » WiNDSOB, Canada W., May 12, 1864. 
 DlAB Sib; Tour letturs. Am waiting to hear from 
 you at Dayton aa to time of tho District Convention. 
 
 EixioTT Robertson, a witness for the Gov- 
 ernment, was then introduced, and being 
 duly sworn by the Judge Advocate, testified 
 as follows: 
 
 I am a farmer, and live in Randolph 
 county, Indiana. I became a member of 
 the organization called the Golden Circle, 
 in the spring of 1863, in Greenfork town- 
 ship, Randolph county ; our place of meet- 
 ing was in the woods; we met at night, and 
 about fifteen or twenty persons were pres- 
 ent. John D. Burkebile initiated me. There 
 were between sixty and seventy-five mem- 
 bers in our township; among them I re- 
 member Nathan Brown, John D. Burkebile, 
 Henry Robbins, Augustus Bunch, John 
 Fudge, Abraham Piatt, Henry Wooden, 
 Amos Cren, Francis Durvidge. Burkebile 
 was Captain, Amos Cren Lieutenant, Henry 
 Wooden Sergeant, and Eli Thomas In- 
 spector. The Captain and Lieutenant were 
 appointed by the members of the order; 
 the Sergeant was appointed by the Captain. 
 A week after I was initiated, I appointed a 
 meeting of the order in Washington town- 
 ship; a part of the members of Greenfork 
 township were present ; Daniel Barnes pre- 
 sided, and some four or five additional 
 members were initiated. From the time I 
 was initiated, to September or October, I 
 mostly met with them once a week. The 
 members of the order were ordered to drill; 
 but 1 did not. One Sunday I met the Cap- 
 tain, who asked me why I did not attend 
 drill ; he said I should have gone, for they 
 had had some good sporti About one-half 
 the members were armed; revolvers were 
 the principal arms. I heard from the mem- 
 bers of the order that they drilled every 
 week or two. So far as I learned, the ob- 
 ject of the order was to oppose the Admin- 
 istration in putting down the rebellion, and 
 in making arbitrary arrests; this was to be 
 done by force of arms; but exactly how it 
 waa to be done, had not been decided. The 
 information I got from the Captain, was 
 that the members of the township were to 
 compose the company; we were to act in 
 squads, under the direction of tho Captain, 
 in case the guerrilla mode of warfare was 
 adopted. We were to take up arms and 
 resist the enforcement of the draft. This, 
 I understood, had been decided by the au- 
 thorities here in Indianapolis. The Captain 
 and Nathan Brown spoke of the State being 
 divided into four military districts; and 
 that a man by the name of Milligan com- 
 
 No announcoment yet. Will 'give yon notice immedi- 
 ately. 
 
 fl^'Send for your friend liere to return at once and 
 woric at home. Nothing to do bore. 80, alao, saya our 
 mutual friend. Be ready for Dayton meeting. 
 
 Grant baa been worsted by Leo, and no mistake. It is 
 Oraut who has fallen baclc six or eight miles, and not L., 
 who has advanced from west to east. L. is not, and 
 never has tteen, facing northward, but eastward. 
 
 Truly, 0. L. V. 
 
 Sherman, too, has been brought to a dead stand, fir»t 
 having been driven baclc. 
 
120 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 manded our district. I know of members 
 of the order having assembled to resist ar- 
 rests. Burkebile, our Captain, expected to 
 be arrested, and he called a meeting of the 
 members. I had notice to go to his house, 
 with other members, to prevent his arrest, 
 in case it was attempted. I was at his 
 house two nights; four or five others were 
 there; among them Burkebile's two boys, 
 Henry Eobbins, Henry Wooden, John 
 Fudge,, and John L. Mack. Some were 
 armed with revolvers, and two of them with 
 shot-guns. Our instructions were to resist 
 the authorities, and not to let them take 
 our Captain. John D. Burkebile induced 
 me to join the order; he said it was an or- 
 ganization for self-protection among the 
 Democrats. He did not at first give me the 
 name of the order. A meeting was ap- 
 pointed to take place on the next Thurs- 
 day, and I went and was initiated. The 
 last meeting I attended was in September 
 or October, 1863. About that time they 
 changed their name, and were called the 
 Order of American Knights. They did not 
 change their plans or principles, that I 
 know of; I did not take any new obligation, 
 but was instructed in the change by the 
 Captain. I attended one meeting of the 
 American Knights in Preble county, Ohio, 
 about August, 1864; the password by which 
 we entered, was "Liberty." I learned of 
 the change of name to the Order of Amer- 
 ican Knights from the Captain. Nathan 
 Brown was sent to Indianapolis in Septem- 
 ber, 1863, to represent our township, and 
 when he came back the change was made. 
 He called » meeting, and the Captain 
 wished me to go into the new order; 1 told 
 him I would have a few days to study over 
 it; he insisted, and told me it was a nice 
 thing, but I would not go into it. 
 
 The signs by which members recognized 
 each other, are these: You pass the right 
 hand down over the mouth and beard, with 
 the fore-finger of the right hand down the 
 right side of the nose. If the man you are 
 testing is a member, he will reply by taking 
 the lobe of the left ear with the left hand 
 between the thumb and finger, and draw it 
 down. You then take a grip, and give one 
 shake of the hand, with the fore-finger run- 
 ning up the wrist as far as possible. They 
 had some military signs, which, we were told, 
 would protect us in case of battle, or being 
 taken prisoner. The hands were clasped in 
 front, and raised over the head, in which 
 position you stood a few minutes, or till the 
 sign was recognized; the answer to this 
 sign behig made by placing the hands, with 
 the tips of the fingers resting on the shoul- 
 ders. There was another sign, which con- 
 sisted in writing the number thirty-three on 
 a piece of paper, which, being handed to a 
 member, signified that he who used it "was 
 in danger. 
 
 I understoo'd that the arms were procured 
 
 from the authorities at Indianapolis. It 
 was stated that Beck & Bros, had agreed to 
 furnish arms. Nathan Brown and Burkebile 
 were sent as representatives to a conven- 
 tion at Indianapolis, in the latter part of 
 July, 1863. The Captain, on his return, 
 stated, as I understood, that most of the 
 States, including the rebel States^ were re- 
 presented ; and he also said that they had 
 not concluded what vfas to be done in case 
 of a draft. I entered the order in good 
 faith, but I left it because I thought it 
 was disloyal. I first reported the order 
 to 'Squire Hough, I think, in October, 
 1863. 
 
 Henkt L. Zcmbo, a witness for the Gov- 
 ernment, was then introduced, and being 
 duly sworn by the Judge Advocate, testi- 
 fied as follows: 
 
 I reside at Markle, Huntington county, 
 Indiana, and am a practicing physician; 
 have resided there ten years. I became 
 a member of the Order of the Sons of Lib- 
 erty on the 20th of July last, at the so- 
 licitation of Dr. Horton, directly through 
 Mr. Hantz. Dr. Horton was said to be a 
 member. I was initiated in the first de- 
 gree in Isaac Decker's barn; at the same 
 time there were initiated John Hantz, Isaac 
 Decker, Edward Decker, William Decker, 
 Daniel Highland, Adam Young, Edward 
 Johnson, Joseph Johnson, William Lever, 
 Nathan Johnson, William Hantz, and Wil- 
 liam Cashman ; fourteen were initiated by 
 Dr. Horton. The society; numbered in 
 that township between forty and fifty. 
 John Hantz was Grand Seignior; Isaac 
 Decker, Treasurer; Joseph Johnson, 0. G.; 
 Nathan Johnson, G. D.;- Daniel Highland, 
 G. M.; William Decker, G. S.; Henry John- 
 son, A. D.; I was Secretary. [The witness 
 was unable to explain the initials.] Tha 
 obligation I took was that of the first de- 
 gree of the Order of American Knights. 
 Dr. Horton told me that there were from 
 eighty to one hundred thousand members 
 of the order in this State. I understood 
 there was a rnilitary organization connected 
 with the order. We got up a constitution 
 and organized a company of about forty 
 members. David Lash was Captain ; Joseph 
 Johnson, First Lieutenant; Henry John- 
 son, Second Lieutenant ; Isaac Miller, Or- 
 derly; there were none but members of 
 the order in this company; it did not com- 
 prise all the members of the order in that 
 townsliip; some were aged, and these we 
 did not consider good fighting material; 
 but all that were considered able were in 
 that company. I did not know of our com- 
 pany drilling. At Blufifton, Wells county, 
 they drilled ; I went to see them drill ; 
 that was in the early part of September, in 
 this year ; some forty to sixty were drillinj 
 on the commons back of Blufifton. Some 
 of the members of our company wers 
 members of the Blufifton company ; that i» 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 121 
 
 how I come to know that the Bluffton com- 
 pany belonged to the order. 
 
 After Dr. Horton initiated us, he told us 
 that the object of the order was to subdue 
 the Abolitionists, resist the draft, and to assist 
 the Southern Confederacy. I heard of the 
 contemplated uprising of the order, but 
 learned nothing definite with regard to it. 
 I attended, perhaps, ten or twelve meetings 
 of the order. After Huntington county 
 was drafted, a meeting of the order was 
 held, and a committee sent to Bluflfton, 
 and one to Huntington, to ascertain if there 
 was a concert of action in regard to resist- 
 ing the draft ; Jacob Farling was the com- 
 mittee to BluS'ton, and I was appointed 
 the committee to Huntington. At Hun- 
 tington I saw Mr. Cummings; he could not 
 tell me any thing about it, and the Sheriff 
 referred me to Mr. Milligan, whom I saw 
 about the 16th of September last I was 
 instructed to ascertain if there was a con- 
 cert of action, and if so, what arrange- 
 ments were to be made to resist the draft. 
 I asked Mr. Milligan his opinion as to 
 whether we had better resist or not; he 
 said it was as good a time now as any to re- 
 sist. I did not know that Mr. Milligan 
 held any military position in the order; 
 the Sheriff referred me to him because he 
 was the le^iding man there, and he would 
 know. His message I brought back to the 
 order, but as there was no concert of ac- 
 tion, the members felt somewhat disap- 
 pointed, and took the papers of the order 
 into Decker's barn yard and burnt them. 
 The order was disbanded about the 17th 
 of September, when we found the thing 
 was a failure ; and we agreed not to meet 
 any more. On the same day that I saw 
 Mr. Milligan, I also saw Mr. Winters, the 
 editor of the Huntington Democrat, who, I 
 believe, was a member of the order. lasked 
 him the question that I had put to Mr. 
 Milligan, and he advised resistance. 
 
 The Commission then adjourned, to meet 
 on Friday, November 4, at 10 o'clock, A. M. 
 
 CoTTBT Book, Indianafolib, Indiana, ) 
 NoYcmber 4, 1804, 10 o'clock, A. M. j 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present. Also, the Judge 
 Advocate, the accused and their counsel. 
 
 The proceedings were read and approved. 
 
 H. L. ZuMKo, a witness for the Govern- 
 ment, proceeded with his testimony as fol- 
 lows: 
 
 In my conversation with Mr. Milligan, on 
 my visit to him, as a committee sent to 
 Huntington, after advising resistance, he 
 said, that if he was well, and in the woods, 
 he could kill twenty men himself before 
 he would be taken. When I asked him in 
 what way we should resist, he concluded 
 that we should form in companies or 
 Bquads, just as we could; that ten men 
 
 would be sufficient to start with in resist- 
 ing the draft, and in resistance to the Ad- 
 ministration. Shortly after I was arrested, 
 I had a conversation with Mr. Milligan in 
 reference to my own arrest; he thought it 
 was a bad thing to be arrested as I had 
 been, and he said if a man were to arrest 
 him, he would kill him, even if he had to 
 go forty miles to do it. Something was 
 said in the conversation as to whether we 
 should need horses in this resistance, when 
 Mr. Milligan said that we should ; that we 
 might find it necessary sometimes to assist 
 a squad ten, fifteen, or twenty miles dis- 
 tant, and should need horses to do it. 
 
 I came to join the order from a conversa- 
 tion I had in the early part of March, with 
 Colonel James R. Slack, of the 47th Indiana, 
 in his oflSce; he resides in Huntington. He 
 asked me if there was not a secret organiza- 
 tion in our neighborhood ; I told him there 
 was. He then wanted to know if I could 
 not get the secrets of it ; and said they were 
 not Democrats, but a set of traitors who 
 would undermine the Government He 
 wished to know if I would not go into the 
 matter to find out their purposes, and to aid 
 in keeping down this strife. I told him 
 that I could, but I did not thinlt it would 
 be prudent to do it, from the fact that my 
 practice was here; and if at any time it 
 should be found out that I had been opera- 
 tingin favorof the Government, in all proba- 
 bility they would endeavor to injure me. 
 He said there was no danger at all, from 
 the fact that the loyal portion of the 
 Democratic party would qnly think the 
 better of me; and that the traitors to 
 this Government would go down so that 
 there would not be enough left to make 
 a boot black ; that was just his language. 
 He afterward had a conversation with 
 Colonel Schuler and Governor Morton, and 
 Colonel Schuler came up and induced me 
 to operate in that way. My purpose in 
 joining the order was to endeavor to keep 
 down any treasonable uprising. My subse- 
 quent operations I reported from time to 
 time to General Carrington. 
 
 CROSS-EXAMINATIOK. 
 
 No inducements have been held out to 
 me to testify in this case. I was arrested 
 by order of General Carrington, and placed 
 under bonds ; but this was simply a pretense 
 on the part of the authorities. After I was 
 placed under arrest, and before I reported 
 at Indianapolis, I went to Mr. Milligan to 
 consult him in reference to my arrest, and 
 I stated to Mr. Coffroth, a counsel, when I 
 met him at Peru, that I might employ Mr. 
 Milligan to assist in my defense. 1 made 
 application to be admitted a member of the 
 order at Huntington at different times. 1 
 joined the order at Rockcreek township. 
 I was solicited by Mr. Milligan's student to 
 go into the temple. 
 
122 
 
 TEEASON TRIALS AT INDIANAPOlirS. 
 
 At the time I called to see Mr. Milligan 
 on the 16th of September, Mr. Joseph John- 
 Bon went with me. Mr. Johnson was present 
 during the whole of the conversation I had 
 with Mr. Milligan. Mr. Johnson lives in 
 Eockcreek township. He is the Joseph 
 Johnson, 0. G., I referred to as being 
 initiated at the time I was. Mr. Milligan 
 was sick in bed, and I understood he had 
 been for a considerable time under the in- 
 fluence of opium and mercuiy,and he wished 
 me to see if any effect was being produced 
 by the opium and mercury. After my con- 
 versation with Milligan, I said I thought it 
 worried him; he told me that it did; and I 
 replied that I would then say nothing 
 further. I do not think Mr. Milligan was 
 at the time under the influence of narcotics, 
 or opium. I next visited Mr. Day, to whom 
 I was referred by Mr. Milligan. I told Mr. 
 Day that Milligan had advised resistance, 
 but said that he was so sick I did not like 
 to say a great deal to him. Mr. Day said it 
 would be foolish to resist. I asked him as 
 I had Mr. Milligan, if there was to be any 
 concert of action, and if so, that we were 
 ready to resist in our township. Mr. Sam- 
 uel Winters and Mr. Reinbarger were pres- 
 ent during my conversation with Mr. Day. 
 I remember Milligan sayingj when I asked 
 him if they were going to resist, that they 
 had no fighting men there ; that there were 
 only five or six fighting men in Huntington. 
 I might have spoken also, but Mr. Ibach 
 and I also called at Mr. Coffroth's office. I 
 called at Mr. Cofi&oth's office at the instance 
 of Mr. Johnsoi^ who wanted to know what 
 was his opinion about resistance. Mr.Cof- 
 froth said he was not a member of the or- 
 der, and would not advise resistance in any 
 way. I did not go to Mr. Coffroth to act as 
 a spy upon him, but simply because Mr. 
 Johnson said he was an influential Demo- 
 crat< and he would like to know his opinion. 
 
 When Dr. Harden stated that the objects 
 of the order were to oppose the Administra- 
 tion, resist the draft, and assist the South- 
 ern Confederacy, there were present John 
 Hantz, Isaac Decker, Edward Decker, Wil- 
 liam Decker, Daniel Highland, Adam 
 Young, Henry Johnson, Joseph Johnson, 
 Nathan Johnson, Wm. Hantz, Wm. Cushman, 
 and myself The memorandum to which I 
 refer for these names, I made at the time. 
 
 The date of the meeting at which I was 
 appointed as a committee to go to Hunting- 
 ton, and Jacob Farling to go to Bluffton, 
 was on the 14th of September. Among 
 those who were present at the -meeting of 
 the 14th of September, were Mr. Farling, 
 Joseph Johnson, Mr. Eders and others. Mr. 
 Johnson was present aj, my appointment, 
 and agreed to go with me. David Lash, 
 who was the Captain of our company, is 
 the brother of the merchant of that name, 
 and is a carpenter. Though Mr. Winters 
 and Mr. Keinbarger advised resistance, and 
 
 Mr. Miiligan said it was as good a time as any 
 to resist, I reported that there would be no 
 concert of action; and the consequence was 
 that the papers of the order were burned. 
 When it came to the test, the order failed. 
 
 My purpose in going into the order was 
 not to betray its members, but to keep the 
 Government posted as to their designs. 
 There appeared to be a great danger of an 
 ouibreak and rebellion at home, and I 
 thought if I could do any thing to prevent 
 it, I was doing the community a kindness, 
 and not injury. 
 
 I consulted with Esq. Bratton, but he 
 knew my position with reference to the 
 order; it was he who arrested me and 
 brought me from Markle. 
 
 I never told any one that Mr. Milligan 
 could be got clear or convicted for money ; 
 but a person who, I understood, was a friend 
 of Mr. Milligan, wanted to know of me, if 
 he could be got away from the guards. The 
 idea that' I held out was, that I thought he 
 could be. My impression was that they 
 wanted to bribe the guards, but I do not know 
 from whom I got the idea. But I never 
 stated to any one, that if I was furnished 
 with money, I could or would use it secretly 
 for the benefit of Mr. Milligan, either upon 
 officers or members of the guard. 
 
 The statement of Mr. Milligan, that if he 
 was well and in the woods, he could kill 
 twenty men before he was taken, and also 
 the statement that ten men would be suffic- 
 ient to start with, were made in the pres- 
 ence of Joseph Johnson. 
 
 The military company connected with this 
 order was organized perhaps three or four 
 weeks before we abandoned the order, which 
 was about the middle or latter end of August, 
 and after the organization had been ex- 
 posed in the papers at Indianapolis. The 
 organization in our township was not un- 
 derstood to be an independent order, but 
 w^s connected with the order generally, 
 and we were to co-operate with them in any 
 outbreak or resistance to the Government 
 When I called on Mr. MUligau, I did 
 know him to be a member of the order. 
 I represented to Milligan that I had been 
 arrested at the instigation of Dr. Scott, who, 
 I represented, had been actuated by motives 
 of rivalry, so as to get me out of the 
 way as a practicing physician, and it was in 
 this connection that Mr. Milligan said, if 
 he had been arrested at the instigation of 
 any one governed by such motives, that he 
 would go forty miles to kiU the man. 
 
 The Commission then adjourned, to meet 
 at 2 o'clock, R M. 
 
 AFTKENOON SESSION. 
 
 Oov&T Boon, Indianapolis, Indiana, > 
 l{0Tember4, 18C1, 2 o'clock, P. M. J 
 
 The Commission met pursuant to ad- 
 journment. •■ 
 All the members present. Also, the 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 123 
 
 Judge Advocate, the accused, and their 
 counsel. 
 
 The Judge Advocate here stated that all 
 proceedings against Colonel Horace Heffren 
 were withdrawn on the part of the Govern- 
 ment; that he was released from ai'rest by 
 the proper authorities, and that he would 
 now appear on the stand as a witness for 
 the Government. 
 
 Horace Hefpren, a witness for the Gov- 
 ernment, was then called to the stand, and 
 duly sworn by the Judge Advocate. 
 
 The counsel for the accused said that 
 when the accused were jointly indicted, as 
 in this instance, it was not competent for 
 an accused to testify either for the defense 
 or prosecution, till a verdict of "not guilty" 
 has been entered. 
 
 The Judge Advocate, in reply, said: 
 
 The Government can at any time, or at 
 any stage of the proceedings, quash any set 
 of charges and specifications against the 
 accused, when the interests of the service 
 may seem to demand it, and with that is an 
 end of the case. When the Judge Advo- 
 cate says to the accused, the Government 
 withdraws its charges and specifications 
 against you, the man is then free, without 
 any proceeding pending against him. As 
 to this Commission giving a verdict of ac- 
 quittal, or proceeding to a finding before 
 this witness can be used, let me say that 
 no such rule can obtain. It makes the 
 finding, and passes its sentence in any given 
 case; the proceedings are then forwarded 
 to the Commanding General convening the 
 Court, for his approval and confirmation, or 
 disapproval. If it is a case in which he has 
 the power to execute the sentence, it is 
 then promulgated in general orders and 
 made known to the accused and to the 
 world. If it is a case which the Command- 
 ing General has not the power to execute, 
 he adds his approval or disapproval, as the 
 case may be, and forwards it to the proper 
 authority for approval, and after being acted 
 upon by that authority, it is niade known. 
 In this case, for instance, the proceedings 
 would probably have to go to the President 
 of the United States, and be delayed per- 
 haps for months. 
 
 The very nature and constitution of a 
 military court, precludes the possibility of 
 the existence of any such a rule in this 
 Court. 
 
 The witness, Horace Heffren, then testi- 
 fied as follows : 
 
 Question by the Judge Advocate: 
 
 Please state your name, place of resi- 
 dence, and business. 
 
 Answer. My nam« is Horace Heffren ; 
 residence, Salem, Washington county, Indi- 
 ana; my profession, that of an attorney; 
 my office is at Salem. 
 
 Q. How long have you resided there 7 
 
 A. Since March, 1857. 
 
 Q. Please state to the Court whether you 
 
 ever joined an order called American 
 Knights, or Order of Sons of Liberty; if bo, 
 when and where ? 
 
 A. I joined an order called American 
 Knights, somewhere in the latter part of 
 the year 1863, probably in November or 
 December. I have no means of telling the 
 precise time. I have not my diary of last 
 year with me; if I had, I could tell the 
 precise day. 
 
 Q. Did you belong to any similar order, 
 or one with similar intents and purposes, of 
 a different name, previous to that? 
 
 A. I did not. 
 
 Q. Did you ever belong to the Golden 
 Circle? \ 
 
 A. No, sir. I belong to the Freemasons, 
 but to no other secret order. 
 
 Q. At whose solicitation did you join the 
 order? 
 
 A. I do not know that I can say it was at 
 the solicitation of any person. Mr. Bailey, 
 of Terre Haute, came to Salem; I knew his 
 face and recognized him, but could not call 
 his name; he told me what his business 
 was, and I got twelve more men beside 
 myself, and we were taken into the Order 
 of American Knights in my oflSce. 
 
 Q. Who initiated you? 
 
 A. Mr. Bailey. 
 
 Q. Where does he reside now? 
 
 A. I understand he is dead ; I have made 
 inquiries since I have been in prison, and 
 that is what I am told. 
 
 Q. Who else were initiated at that time? 
 
 A. James B. Wilson, William C. McCoslcey, 
 Townsend Cutshaw, ^ Deloss Heffren, Eh 
 Bouser, William P. Green, and John B. 
 Pitts, I think — 1 am not certain about him; 
 these are as far as I recollect now. 
 
 Q. What was the first lodge or county 
 temple you attended after your initiation? 
 
 A In order to make my story connected, 
 I must explain. After we had taken the 
 three degrees, I was elected Gra^jd Seignior 
 of the County Temple, James B. Wilson 
 Ancient Brotlier, W. C. McCoskey as Secre- 
 tary, and Townsend Cutshaw as Treasurer. 
 The lodge was in my office, in the -town of 
 Salem. 
 
 Q. When did you take the first, second 
 and third degrees ? 
 
 A. I took the three degrees that very 
 night. 
 
 Q. When did you next attend a county 
 temple? 
 
 A. There never was but one county tem- 
 ple after that, in our county, to my knowl- 
 edge; and that was for the election after 
 mj' time was up, and that was not far from > 
 the 22d of February, 1864. I was instructed 
 that there was to bg a meeting on the ItJth 
 and 17th of February, and that, as Grand 
 Seignior, I was the delegate from the county 
 temple. I came here and attended the 
 meetings of the 16th and 17th; when there, 
 I was instructed that there was to be a new 
 
124 
 
 TREASON TEIALS AT INDIANAPOLIS. 
 
 election of officers for the ensuing year, and 
 we elected officers, probably, a week from 
 that time, when Garrett W. Logan was 
 elected Grand Seignior in my place. 
 
 Q. Had you attended any meeting pre- 
 vious to the 16th and 17th of February? 
 
 A. That was the first and only one of the 
 Grand Council. 
 
 Q. How did you come to that nieeting? 
 
 A. As delegate from tfce county tem- 
 ple. 
 
 Q. "Who presided ? 
 
 A. H. H. Dodd. 
 
 Q. Who was Secretary? 
 
 A. Mr. Harrison, who was a witness here. 
 
 Q. Did you meet any of the accused at 
 that meeting ? 
 
 A. I met Dr. Bowles there, and Mr. Mil- 
 ligan, I think, the second day; I did not 
 see Mr. Humphreys; never met that gen- 
 tleman any-where as a member of the Or- 
 der of American Knights ; I never met him 
 except as a Freemason. I never saw Mr. 
 Horsey till I came into Court, and he was 
 required to plead the same time as I was. 
 
 Q. At that meeting on the 16th and 17th 
 of February, you say you met Dr. Bowles 
 and Mr. Milligan ? 
 
 A. Yes, sir; Mr. Milligan on the second 
 day, I believe. 
 
 Q. Give to the Court the business trans- 
 acted, and what you learned was transacted 
 at those meetings om the 16th and 17th of 
 February. 
 
 A. The Grand Master read an address ; 
 certain committees were appointed — one, I 
 think, upon a newspaper to disseminate the 
 views of the organization, and educate the 
 Democratic mind up to what was thought 
 it ought to be; a Committee upon Litera- 
 ture was appointed ; and a committee to see 
 whether a person by the name of Michael 
 Mal6tt had been divulging the secrets of 
 the organization. 
 
 Q. 'W'ho,constituted those committees 7 
 
 A. I could not tell. 
 
 Q. Were you on' any committee 7 
 
 A. I was, sir. 
 
 Q. On what? 
 
 A. To ferret out whether Mr. Malott had 
 been revealing the secrets of the order. 
 
 Q. What did you do in pursuance of that? 
 
 A. We called the committee together; 
 brought Malott before us, and a person 
 whose name I do not remember. We in- 
 vestigated all we could. Mr. McBride, of 
 Evansville, was one of the committee; the 
 others I do not remember. It was mere 
 rumor and hearsay; and 1 told the commit- 
 tee that I professed to know something in 
 regard to law, and I did not think that the 
 evidence was such that we could report to 
 the Grand Council that the man was guilty, 
 and I recommended that we report that 
 the man was not guilty of revealing the 
 secrets. 
 
 Q. What waa the penalty in case he 
 
 did reveal them? What did the rules of 
 the order enjoin as to the obligation? 
 
 A. I took some obligations, but do not 
 know what they were ? 
 
 Q. Do you not know what the penalties 
 are for revealing the seerets of the order? 
 
 A. I understand the penalty from what 
 I have read, and what I knew at the time 
 and have learned since, to be death, figura- 
 tively speaking. 
 
 Q. What do you mean by that ? 
 
 A. The same as in other organizations. 
 
 Q. Was it a figure of speech, or was it to 
 be carried out as fact ? 
 
 A. That I can not answer. 
 
 Q. Did you hear any consultation at that 
 meeting, in reference to a man by the 
 name of Coffin ? 
 
 A. 1 do not think that I did ; I do not 
 recollect any person mentioning his name. 
 
 Q. Were you at the meeting of the 14th 
 of June? < 
 
 A. I was not. 
 
 Q. Were not the Military Committee 
 appointed on the 16th and 17th of Febru- 
 ary? 
 
 A. No, sir: they were not appointed in 
 Council as I understood. 
 
 Q. Were any military appointments or 
 elections made ? 
 
 A. Yes, sir. 
 
 Q. What were they ? 
 
 A. Grand Commander, Deputy Grand 
 Commander, and Major Generals for the 
 four divisions of the State of Indiana, a 
 Secretary, and I think Treasurer. Mr 
 Dodd was elected Grand Commander; I 
 was elected Deputy Grand Commander; 
 Mr. Milligan was elected Major General of 
 his district. 
 
 Q. Was Mr. Milligan present at his elec- 
 tion? 
 
 A. I can not say that he was present till 
 the second day, and the election of Major 
 Generals took place on the first day I be- 
 lieve. Mr. Humphreys was elected in hig 
 district. He was not present either day. 
 Major McGrane, of Harrison county, wai 
 elected in my district as Major General, and 
 Colonel JohnC. Walker was elected for the 
 North-west district. The State was divided 
 into four divisions. I do not know exactly 
 how the lines run; but it was divided by 
 counties. Dr. Bowles lived in Orange coun- 
 ty, and the line ran between Washington 
 and Orange counties. Major McGrane lived 
 immediately south of Washington. Ha 
 and I roomed together, and we had a great 
 deal of talk, and he told me he would hava 
 nothing to do with it. The next morning 
 Orange county was .added to the south- 
 eastern division, in which Dr. Bowles wa*. 
 Major McGrane declined, and Dr. Bowlea 
 was unanimously elected in the place of 
 McGrane. 
 
 Q. What other business of importanc* 
 took place at either of these meetings ? 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 125 
 
 A. The next thing I recollect was reports 
 from some committees about literature, 
 and I think a university; but I did not 
 pay any attention to it. My impression 
 IS that we laid the matter on the table. 
 I was on the committee with respect to the 
 newspaper ; and I think Mr. Bingham was 
 on that committee with me; and we de- 
 cided that it was all a humbug, and we would 
 have nothing to do with it, but recom- 
 mended an indefinite postponement with 
 regard to the newspaper. Matters in regard 
 to the progress of the order were also talked 
 of, and reports were called for. 
 
 Q. What was said to be the strength of 
 the order at that time ? 
 
 A. I do not know what the strength of 
 the order was. 
 
 Q. Was any thing said about the aggre- 
 gate number of the order at that time? 
 
 A. I think the Secretary reported that 
 he had not received returns from several 
 counties, so that the correct number could 
 not be ascertained. 
 
 Q. Of what political faith were the ma- 
 jority of the men comprising that organi- 
 zation? 
 
 A. They were all Democrats. 
 
 Q. State whether any other class of men 
 were admitted, or vras it a' sine qua non that 
 a man must be a Democrat? 
 
 A. I do not think any one would have 
 got in unless he professed to be a Demo- 
 crat. 
 
 Q. State to the Court what were the gen- 
 eral purposes and objects of that order, 
 so far as you leatned. 
 
 A. In the first place, I understood there 
 were two organizations, one within the 
 other ; the civil organization, to which the 
 mass of the members belong, and which, as 
 far as I ever knew, was purely political, to 
 bring out the Democratic vote to the polls, 
 and to insure the success of the principles 
 of the Democratic party, by every means 
 in our power to get every voter out to cast 
 his vote; and as we had been told by those 
 who instructed us, that it was the deliber- 
 ate design and arrangement of the Aboli- 
 tion party to prevent voting, we determined 
 to have a free fight or a fair election. I 
 have been told by members of the order 
 that the other portion of the organization 
 had for its object the separating of the 
 States of Ohio, Indiana, Illinois, Missouri, 
 and Kentucky, from the Eastern States, to 
 make a North-western Confederacy; and 
 failing in that, join our fortunes with the 
 South. That was the military part of it, 
 which was not communicated or known to 
 the members of the civil organization; 
 and I presume I never would have known 
 it, had it not been for the position I held as 
 Deputy Grand Commander. 
 
 Q. What proportion of the members be- 
 longed to the military portion of the organ- 
 ization? 
 
 A. Only the leaders; they were to control 
 the matter through a Committee of Thir- 
 tr-en, who were to be known only to the 
 Grand Commander and themselves. They 
 were to so control us as to bring us into 
 their trap. That was why 1 said it was a 
 humbug, and said I would have nothing to 
 do with it. 
 
 Q. Have any of the schemes of the order 
 come to your knowledge since then? 
 
 A. Yes, sir. The schemes of a few of the 
 leaders of this military part of the order, 
 and the schemes of these were unknown to 
 the great mass of the order. 
 
 Q. Do you say that it was to these mili- 
 tary leaders alone this was confined? 
 
 A. Yes, sir; I think so. 
 
 Q. Was Dodd considered a military 
 leader? 
 
 A. He was; but there was a man over 
 him. 
 
 Q. Who was that ? 
 
 A. It was Dr. Bowles. 
 
 Q. Please to explain that? 
 
 A. The State was divided ofi" into Mili- 
 tary Departments, and there was an officer 
 of the Military Department, who was Su- 
 preme Commander to the Grand Com- 
 mander of the Civil Department, who had 
 his Adjutant, Staft' etc. He controlled the 
 Military Department, and saw to the arm- 
 ing, ammunition, and the procuring of 
 funds. 
 
 Q. Then the civil was subservient to the 
 military ? 
 
 A. Yes, sir; and knew nothing except 
 the few who were in the confidence of the 
 military. 
 
 Q. Did you learn who was on the stafif of 
 this military leader. Dr. Bowles? 
 
 A. Yes, sir; it is James B. Wilson; he 
 told me so himself 
 
 Q. What is the position he held ? 
 
 A. He told me he was Adjutant General 
 on Dr. Bowles' Staff. In fact, nearly all the 
 information I ever received, except what I 
 received on the 16th and 17th of February, 
 I received from Mr. Wilson, after his re- 
 turn from Dr. Bowles' at French Lick 
 Springs, Orange county. 
 
 Q. What did you learn in reference to the 
 arming of this order? 
 
 A. I never understood that the men of 
 the rank and file of the civil organization 
 were to be ai-med, that is, at the expense 
 of the order. 
 
 Q. How were they to arm ? 
 
 A. They were to do it among them- 
 selves? 
 
 Q. Who was it that was to be armed by 
 the order ? 
 
 A. These men who were to be under the 
 control of the Commanding General, that 
 is the Military Commander. 
 
 Q. How did they make the division as to 
 who were to be armed by the order, and 
 who were to arm themselves? 
 
126 
 
 TREASON TETALS AT INDIANAPOLIS. 
 
 A.- There were certain men they selected 
 to whom to communicate that which it 
 would not do to communicate to every 
 body. 
 
 Q. Did they go into a township, for in- 
 stance, and pick out the men that were to 
 be armed by the' order ? 
 
 A. I think not, sir. 
 
 Q. Then how could they tell whom they 
 were to arm, and whom they could rely 
 upon to arm themselves ? 
 
 A. I do not know. They had a way of 
 ascertaining the number of arms of differ- 
 ent kinds that the members of the order 
 had; they would take a sheet of paper and 
 rule it in columns, as for keeping a tally, 
 heading each column with apples, corn, 
 beans, or any thing you pleaap, so that you 
 could understand what these things were 
 intended for. Apples might stand for rifles; 
 corn for shot-guns; beans for pistols, and 
 potatoes for ammunition, and any thing else 
 for lead. This sheet would be a report of the 
 number of arms found by those making 
 the return. . • ^ 
 
 Q. Was there any agreement between 
 the members of the order, ks to how it 
 should be understood by those to whom 
 the report was made? 
 
 A. My instructions were to report by the 
 secret cypher how many there were. Each 
 township temple reported to the Secretary 
 of the mother temple how many arms and 
 how much ammunition they had, and then 
 that Secretary reported to the Grand Secre- 
 tary of the State Council. 
 
 Q. Do you know of any attempts on the 
 part of the members of this order to arm 
 the order ? 
 
 A. I only know that from hearsay, from 
 members of the order. I only know what 
 Mr. Wilson told me. 
 
 Q. Was Mr. Wilson a member of the or- 
 der? 
 
 A. Yes, sir; he was initiated when I was. 
 
 Q. What did he state to you? <■ 
 
 A. He had been to French Lick Springs, 
 to Dr. Bowles. When he came back from 
 there, myself, and I think Townsend Cut- 
 shaw, a man by the name of Purlee, and my 
 impression is that Mr. C. McCoskey also, 
 were sitting or standing at the Clerk's 
 office door. The people in that country 
 were at fever heat, anxious and unquiet, 
 with rumors of this, that and the other; 
 and the matter came up in that conversar 
 tion in regard to resisting the draft, when 
 Mr. Wilson pulled a roll out of his pocket, 
 wrapped up like a banker's parcel, and said 
 there was one thousand dollars he had just 
 got from Dr. Bowles, to procure arms and 
 ammunition for our county, and there was 
 plenty more where that came from. 
 
 Q. Did he state any thing else? 
 
 A. Not at that time, but he did after- 
 ward. 
 
 Q. What was tha]t? 
 
 A. That there was a half a million -of 
 dollars sent to Indiana, Illinois and Ken- 
 tucky, I think, by rebel agents in Canada, 
 for the purpose of procuring arms and am- 
 munition for these North-western States, to 
 arm themselves with. 
 
 Q. Who received this money in this State? 
 
 A. Mr. Dodd, J was told, and Mr. John C. 
 Walker. 
 
 Q. By whom were you told ? 
 
 A. By Dr. Wilson. I never got a word 
 from Mr. Bowles, Mr. Humphreys, Mr. Milli- 
 gan or Mr. Horsey, in my life as to the 
 money. 
 
 Q. What amount did they receive ? 
 
 A. A hundred thousand dollars each. 
 
 Q. How was it to be expended ? 
 
 A. A portion of it was to go to Dr. Bowles, 
 to be spent in his part of the State in pur- 
 chasing arms and ammunition. 
 
 Q. For whom? 
 
 A. For the military order that had its 
 connection with the Order of American 
 Knights. 
 
 Q. When did you have this conversation 
 with Dr. Wilson ? 
 
 A. It could not have been far from the 
 middle of June, 1864. I think so from the 
 fact that I was told a Grand Council was 
 to be held here about that time, and it 
 was shortly after that, that he and I had 
 this conversation. It must have been in 
 June. 
 
 Q. Did he get that information at that 
 meeting ? 
 
 A. I am not certain that he came to In- 
 dianapolis, but it was shortly after that 
 meeting that he told me. Whether he 
 went to the meeting, or got it from Dr. 
 Bowles, I can not say. 
 
 Q. Did you learn from him, or other mem- 
 bers of the order; for what purpose those 
 arms were to be used after they were pur- 
 chased and distributed to the members of 
 the Order of American Knights? 
 
 A. I never hoard how they were to be 
 distributed, neither do I know to whom 
 they were to be distributed ; but I supposed, 
 as a matter of course, they were to be dis- 
 tributed to members of the order, and were 
 to be used either to defend themselves from 
 oppression and wrong, or to fight any thing 
 that came to fight them. 
 
 Q. Were, or were not these arms to be 
 used in carrying out the purposes of the 
 order that you have detailed ? 
 
 A. I understood they were to be used for 
 the purpose of carrying out the military 
 part of the organization of the American 
 Knights. 
 
 Q. Do you ^mow when the order was 
 changed ? 
 
 A. I presume it was changed before Juna 
 
 Q. Before you had this conversation with 
 Dr. Wilson ? 
 
 A. I think it was. 
 
 Q. Do I understand you to say that the 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 127 
 
 object of the military part of tliis order was 
 to establish a North-western Confederacy in 
 conjunction with the Southern Confederacy? 
 
 A. I understood the object to be to sepa- 
 rate themselves from the Eastern States, and 
 form a Confederacy of themselves ; or else, 
 failing to do that, join their fortunes to the 
 Southern Confederacy. 
 
 Q. Then were, or were not those arms to 
 be used in carrying out these objects of the 
 military organization ? 
 
 A. That was my understanding. 
 
 Q Did you ever see more than this one 
 thousand dollars that you saw with Mr. 
 Wilson ? 
 
 A. I never did. 
 
 Q. Did you learn of any arms being bought 
 by him ? 
 
 A. Ho and I had very little talk for three 
 months past; but I never heard of his offer- 
 ing to buy an arm or ammunition. I never 
 learned from any body that he did. I was 
 asked what he did with the money, but I 
 did not know. 
 
 Q. Were these military objects of the or- 
 der discussed either individually or publicly, 
 at the meetings of the 16th and 17th of 
 February ? 
 
 A. The matter was talked of by some of 
 us, perhaps a few of us in a corner, or off to 
 one side. • 
 
 Q. Did you at that time ever talk with 
 Mr. Milligan or Mr. Bowles upon that sub- 
 ject? 
 
 A. Mr. Bowles was probably there one 
 morning when we were talking about it. I 
 remember there was something about his 
 papers, about his being a major general, 
 that did not suit him; and I know we had 
 talks among ourselves, probably five or six 
 of us at a time. 
 
 Q. Did there ever come to your knowl- 
 edge, at any time, any intention on the part 
 of this order to take possession of the State 
 Government ? 
 
 A. Yes, sir. 
 
 Q. Detail to the Court what you learned 
 in reference to that. 
 
 A. This I also received from the same 
 source — Dr. Wilson. He told me that upon 
 a certain day, the 16th, but whether of 
 August or July I am not certain, of this 
 year, there was to have been an uprising ; 
 the prisoners were to be released at the 
 oampnearChioago — I think CampDouglas — 
 at Camp Morton, and a camp near Colum- 
 bus, Ohio, Camp Chase it is called, I believe. 
 The arsenals of the United Slates were to be 
 seized, and the prisoners armed with the 
 arms and equipments contained therein. 
 
 Q, What then was to be done ? 
 
 A Governor Morton was to be taken care 
 of. 
 
 Q. What do you mean by being taken 
 care of? 
 
 A. He was to be held as a hostage for 
 those who might be taken prisoners, and 
 
 engaged in the uprising. Dr. Athon was to 
 be Governor, under the law of the State of 
 Indiana, passed a few sessions since ; in case 
 of the Governor failing to serve, he would 
 be Governor; we should call out the militia, 
 and have every thing our own way. 
 
 Q. In case you failed to capture Governor 
 Morton, what then ? 
 
 A. In case he was not captured and made 
 hostage, he was to be made away with in 
 some way, but I ne\^r was told how. 
 
 Q. After the arsenals were seized, the 
 rebel prisoners armed, and the members of 
 the order armed, what then was to be done 
 by the members of the order ? 
 
 A. I did not understand that all the mem- 
 bers of the order were to take part; it was 
 the military part, and as many as could be 
 induced by excitement or any means, or be 
 drawn into it through the influence of the 
 military leaders. Then the State Govern- 
 ment was to go ahead, with the law and 
 Constitution as we had it, except that Dr. 
 Athon was to replace Governor Morton. 
 
 Q. Was this scheme known or imparted 
 to any but members of the order ? 
 
 A. Not that I ever knew of 
 
 Q. State whether or not leading Demo- 
 crats of the State were given this scheme ? 
 
 A. It was given only to members of the 
 order ; I never knew of its being commu- 
 nicated to any Democrat unless he was a 
 member of the order, and I think it was 
 not. 
 
 Q. Did a man by the name of John Bow- 
 man, of Washington county, belong to this 
 order? 
 
 A. I never met him, but I understood he 
 was a member. There were very few Demo- 
 crats in our county (Washington) hut what 
 were members. I think Mr. Bowman knew 
 nothing about the military part; at least 
 not to my knowledge. 
 
 Q. Did you learn what was done at the 
 meeting in New York on the 22d of Feb- 
 ruary? 
 
 A. Nothing except that the ritual was 
 changed. I am not certain whether that 
 was in New York or Chicago. 
 
 Q. Do you know who this Council of Six- 
 teen were ? 
 
 A. I do not know of such .a Council; 
 never heard of it till I was arrested. 1 have 
 some indirect knowledge of a Council of 
 Thirteen.^ 
 
 Q. Was Dr. Wilson at that meeting in 
 Chicago ? 
 
 A. I can not state. 
 
 Q. Did he tell you whether he was or 
 /not? 
 
 A. I am not positive; I do not think he 
 did. 
 
 Q. You say you did have some indirect 
 knowledge of the Committee of Thirteen? 
 What was it? 
 
 A I understood there was such a Com- 
 mittee ; that it was appointed by the Grand 
 
128 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 ~ Commander, and known only to him and 
 the members themselyes. 
 
 Q. Did you ever hear of the appointment 
 of a Committee of Ten ? 
 
 A. The Committee of Ten that I think 
 you refer to was not a Committee. They 
 were individuals selected, as my under- 
 standing was, to take care of Governor 
 Morton. 
 
 Q. Did you learn who they were ? 
 
 A. I did not. 
 
 Q. What do you mean by taking care of 
 Governor Morton? 
 
 A. To hold him as a hostage, or in case 
 he could not he held, whether he was to be 
 killed or not, I did not hear; but he was to 
 be put out of the way by some means. 
 
 Q. They were to dispose of him and get 
 him out of the way; how ? i 
 
 A. I can not say ; but they were to get rid 
 of him in some way if he was not held as a 
 hostage ? 
 
 Cyrus L. Dunham, one of the counsel for 
 the accused, here said : 
 
 There are peculiar circumstances attend- 
 ing what has taken place this afternoon, 
 and 1 regard it as my duty to make a state- 
 ment which I ask to be put upon the rec- 
 ords of this Court. My relations to all 
 parties here are well known to this Com- 
 mission. I have not only been counsel for 
 Mr. Heffren, but as the records show, I am 
 counsel for other defendants. It places me 
 in rather a queer position before them, and 
 perhaps before this Court ; and I desire to 
 njake this statement, which I have put in 
 writing, and which I ask to have put upon 
 the records : 
 
 Indianapolis, NoTember 4, 1864, 
 May it please the Court : 
 
 Being counsel for Mr. Heflren, and also 
 for other defendants on this trial, I d«em it 
 due to those other defendants, and to my 
 own professional and personal honor, most 
 solemnly to state to this Commission, and 
 in the presence of those other defendants, 
 that I had no knowledge or intimation that 
 the prosecution against said Heffren was to 
 be abandoned, and that he was to be put 
 on the stand as a witness,, until, in open 
 Court, he was called to the stand by the 
 Judge Advocate; that I was in no wise, or 
 by any person, consulted in regard to it; 
 that I never, directly or indirectly, sought, 
 or even entertained the idea of the bring- 
 ing about of such a result. 
 
 [Signed] _ CYRUS L. DUNHAM. 
 
 The Commission then adjourned, to meet 
 on Thursday, November 10, at 2 o'clock, 
 P. M. - " 
 
 COTJRT EOOM, iNBIAHAPOLia, INDIANA,. I 
 
 NoTember 10, 1804, 2 o'clock, P. M. / 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present, except Colonel 
 Reuben Williams and Colonel Benjamin 
 
 Spooner. Also, the Judge Advocate, the 
 accused, and their counsel. 
 
 The proceedings of Friday, November 4, 
 were read and approved. 
 
 Reuben Dailey was then sworn by the 
 Judge Advocate, as Assistant Recorder, in 
 presence of the accused. 
 
 The examination of Horace Heffren, a 
 witness for the Government, was then pro- 
 ceeded with as follows : 
 
 Question by the Judge Advocate : 
 
 Did you not state that Dr. James B. Wil- 
 son was Adjutant General on Dr. Bowles' 
 staff? 
 
 Answer. Yes, sir. 
 
 Q. Do you know of any other staff of- 
 ficer? 
 
 A. Yes, sir ; Garrett W. Logan was Quar- 
 termaster. 
 
 Q. Where did he reside? 
 
 A. In Salem, Monroe township, Washing- 
 ton county, Indiana. 
 
 Q. How do you know that? 
 
 A. David D. Hamilton and Garrett W. 
 Logan went to see Colonel Bowles some- 
 time during the past summer or spring. 
 Hamilton was a member of the organiza- 
 tion, so was Logan, who is now the Grand 
 Seignior of Washington county; he was 
 elected sometime in February. Mr. Ham- 
 ilton told me what Logan was going for; but 
 I had no confidence in him, and I wrote a 
 letter to Dr. Bowles telling him not to trust 
 him, that he would betray him. When 
 Hamilton came back he said that Dr. Bowles 
 had offered him a Brigadier Generalship, 
 and he would not accept of it, and Bowles 
 said their business was at an end, and Lo- 
 gan was appointed Quartermaster; Logan 
 told me so himself; and the reason was, 
 that he had a sore leg, and would have^the 
 advantage of riding on horseback instead 
 of going afoot. To my positive knowledge 
 he has had a sore leg for seven or eight 
 years. 
 
 Q. Were there any other staff officers 
 except Dr. Wilson and Mr. Logan ? 
 
 A.. Not that I know of. 
 
 Q. State whether you have any knowl- 
 edge of a- regiment of lancers being organ- 
 ized, ov of any provision being made to fur- 
 nish the members of the order with lances. 
 
 A. I have not of a regirnent, but of com- 
 panies composing a regiment. The first I 
 knew of it was from Dr. Wilson telling me 
 that Bowles had made an arrangement to 
 have nine companies of infantry, one of 
 lancers, and one section of artillery, to com- 
 prise each , regiment in this order. The 
 lancers were to be armed with lances, of 
 what length I do not know, but there was 
 to be a hook, somewhat after the fashion of 
 a sickle; the lance to punch with, and a 
 sickle to cut the horse's bridle; there was 
 to be a thrust and a cutj a thrust for the 
 man and a cut for the horses' bridles; he 
 thought the enemy would become confused 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 129 
 
 and distracted, and if a charge was made 
 upon them when they had no means of 
 controlling the horses, they would be easily 
 mashed up. 
 
 Q. Were any steps taken toward procur- 
 ing those iances? 
 
 A. I do not know that ever a lance was 
 made, or contracted to be made; I only 
 know that Dr. Wilson told me that arrange- 
 ments were on foot to get them, but he did 
 not say where, or by whom, or when they 
 were to be furnished. He said they would 
 be a terrible weapon in a fight. I thought 
 lie did not know as mucli about it as I did, 
 or he would not try it. 
 
 Q. Give to the Court the secret cypher 
 used by th-e order, as far as you have knowl- 
 edge of it. 
 
 A. If I wanted to write to the Judge Ad- 
 vocate, he and I would understand what 
 book we would have to write from ; it 
 might be DeHai't's Military Law, the Bible, 
 or a hymn book, it would not matter what, 
 so that we understood what book was re- 
 ferred to. I would make my date, and 
 place under it in parenthesis the figures 
 denoting the page, and the figure at the left 
 end of the line would designate the line on 
 which I commenced; for instance, if it was 
 the figure fifteen, it would indicate the fif- 
 teenth line from the top. The page of tlie 
 book would be placed on the right hand 
 side, in parenthesis; and the number of the 
 line on the left. When I could not find 
 the letter I wanted on any line in tliat 
 page, then I left a line in blank and put 
 anotlier number, which was to designate 
 the page to which I wanted to refer in par 
 renthesis in that blank line, and then pro- 
 ceeded as before. If I wished to write, "I 
 do not want them,'' I would count the let- 
 ters in the designated line, counting from 
 the left, and put down for '■! " the number 
 three ("3"), if that is the third letter, and 
 "13 " for " d," if that is the thirteenth letter 
 in line, etc. 
 
 Q. You were appointed as delegate to 
 Chicago, were you not? 
 
 A. I was told by Mr. Dodd, that, by vir- 
 tue of my office as Deputy Grand Com- 
 mander, I was a delegate to Chicago; but 
 I did not go. William P. Green, of Salem, 
 Indiana, was started in my place. This 
 must have been about the 17th or I8th of 
 June, 1864; it might have been a few days 
 before or after. 
 
 Q. Then it was not the July^ meeting he 
 attended, was it? 
 
 A. I can not state positively. 
 
 Q. Did you learn from him whether he 
 had been there ? 
 
 A. He went there; he had my proxy; 
 and I saw him after his return. 
 
 Q. Did he state to you what was done? 
 
 A. He told me, and others in my pres- 
 ence, that he had been there, and made a 
 report of what was done; but I was afraid 
 9 
 
 that he was not telling the truth, and s6 
 were some others, Mr. Cutshaw, Dr. Wilson, 
 Mr. McCoskey, and also Mr. Bowser. I 
 sent my brotlier to Mr. Dodd, at Indianapo- 
 lis, to see whether what he stated was true, 
 and wo found that he had fallen in the 
 hands of the detectives, that they had gotmy 
 proxy, andthathe did not get intotheGrand 
 Council at all; he made a bad failure of it. 
 
 Q. Did you learn the names of tlie men 
 comprising this Committee of Ten, who were 
 to take care of Governor Morton ? 
 
 A. No, sir; I never did; they were to be 
 selected by the Committee of Thirteen, 
 and were only known to the Grand Coun- 
 cil, and to the members of this Committee 
 of Thirteen. Mr. Harris told me he knew 
 more about the order than I did. 
 
 Q. Did I understand you to say the Com- 
 mittee of Thirteen selected the Committee 
 of Ten ? 
 
 A. Yes, sir; they were to hold Governor 
 Morton as a ho&tage for those that were 
 taken prisoners, or to make away with him 
 some way, but they never told me how. 
 
 Q. State whether or not there was any 
 arrangement, or instructions given, by 
 which the property of members of this or- 
 der was to be saved in case of invasion by 
 the rebels? 
 
 A. There was, sir; there was a flag that 
 was to be the emblem; it was to be a white 
 flag placed upon a flag staff, with a red 
 ribbon running along the flag where it was 
 tacked on to tlie staft', down eacli side of the 
 stafl', and three or four inches below, making 
 red, white, and red ; the flag was to be hung 
 out at the house or stable, or any-where else, 
 and that property would be saved or pro- 
 tected. 
 
 Q. When was this to be used? 
 
 A. Whenever there "was a rebel invasion 
 or raid. 
 
 Q. Was this knowledge imparted to any 
 but members of the order ? 
 
 A. >fo, sir; I told it to no one except to 
 my father. 
 
 Q. When did you expect this raid ? 
 
 A. About the 16th of August. Dr. Bowles 
 had sent a man to see General Price, but 
 he had not returned. 
 
 Q. Do you know whetlier Mr. Michael C. 
 Kerr is a member of this order or not? 
 
 A. He was; linitiated him in New Albany, 
 Indiana, at a harness shop on the right 
 hand side of Main street, as you go east, I 
 believe at Mr. GraflF's. 
 
 Q. How many degrees did he take? 
 
 A. I was only there two nights, but I 
 took him through; I recollect that I gave 
 him all three the same night. 
 
 Q. Do you know the cause of tlie failure 
 of the insurrection contemplated liere on 
 the 16th of August last? If so, give it to 
 the Court. 
 
 A. I know one reason of it, I presume; 
 Mr. Kerr, I am tokl by members of the 
 
130 
 I 
 
 order, received word what was to be done, 
 and he came to Indianapolis and reported 
 to the authorities here, Mr. Athon, Mr. 
 Ristine, McDonald and others, and did 
 what he could to prevent it. 
 
 Q. Do you know any other reason? 
 
 A. Yes, sir; because the army of the 
 Confederacy did not come up through Cum- 
 berland Gap as they had agreed to do, or as 
 it was reported they had agreed to do. 
 
 Q. Was there, or was there not, any qom- 
 munication with General Price, in Missouri? 
 
 A. There was, sir. 
 
 Q. Who told you they had communica- 
 tion with General Price ? 
 
 A. Dr. Wilson said Dr. Bowles' man had 
 gone to see Price, and another had gone to 
 Bichmond to arrange for troops to come 
 through Cumberland Gap, and when they 
 returned, they thought it would be before 
 the 16th of August 1864, about which time 
 the rumpus would take place. 
 
 Q. Did they ^il to communicate with the 
 Confederate forces, and if so, did that have 
 any thing to do with the failure of the in- 
 surrection ? 
 
 A. I understood these men failed to get 
 back in time. 
 
 Q. Did that have any thing to do with, 
 the failure? 
 
 A. I do not know; I was not in their se- 
 crets at that time. 
 
 Q. Did you learn from any members of 
 the order whether they had any communi- 
 cation? 
 
 A. I believe I did, sir: from Mr. Harris. 
 
 Q. What did he say? ' 
 
 A. He said that the Richmond man got 
 on his way, but we never heard from the 
 messenger. 
 
 Q. What do you^mean by the Richmond 
 man? 
 
 A. The man that went to communicate 
 with the rebels at Richmond. 
 
 Q. Did you hear any thing with respect 
 to the man that went to communicate with 
 Price? 
 
 A. No, sir; I never learned his name, and 
 do not know whether he communicated 
 with Price or not; there was a man who 
 .had been communicating with rebel offi- 
 cials, but I do not know what or who they 
 were, for about March or April some of the 
 members said I would not do to tie to. 
 
 Q. Do you know of any tax being levied 
 upon the members of the order? and for 
 what purpose? 
 
 A. Yes, sir; it was to be twenty cents per 
 month; one dollar for the first degree, one 
 dollar and a half for the second degree, 
 and two and a half for the third degree, 
 which was to go into the treasury. 
 
 Q. How was that money to be expended? 
 
 A. I do not know that? 
 
 Q. Do you know of any direct tax being 
 levied upon members of the order, and do 
 you know how it was expended? 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 A. It was spent for arms and ammuni- 
 tion for the military part of the order; I 
 presume that the large mass of them did 
 not know how it was to be expended, or 
 what they were paying taxes for; it was 
 said to be for establishing a university and 
 starting a newspaper, but the real purpose 
 was for the purchase of arms and ammuni- 
 tion. 
 
 Mr. Kerr received some information from 
 a gentleman at Salem, and set himself to 
 work to find out in regard to the whole 
 thing, and by some means, I know not how, 
 obtained, 1 am told, the information that 
 a meeting was held here by the Republican 
 party, and that the arrangement was made 
 to fix up things to secure the election, and 
 that I had sold out Washington county to 
 the Republicans, and was to receive there- 
 for the sum of ten thousand dollars; and 
 Mr, Kerr, as I am told, sent a runner with 
 a letter to Dr. Wilson for the committee to 
 come at once to New Albany, Indiana^ The 
 committee consisted of James B. Wilson, 
 John L. Menaugh, and Dr. Painter; they 
 went there, and - had their consultation; 
 what it was I do not know, for since re- 
 turning home, I have not staid at home a 
 night, for I have been threatened to be 
 hung since testifying. 
 
 Q. Do you know by v/hom these threats 
 were made? 
 
 - A. I do not wish to state that at present, 
 unless you desire it particularly. 
 Q. For what reason ? 
 
 A. For my own safety. I have not staid 
 at home a night since I last testified on 
 Friday last. 
 
 Q. Do you know either by report, or from 
 any members of the order, where any arms 
 or ammunition of this order are stored ? 
 
 A. As a man of a little honor left, at least, 
 1 do not think that question should be a.ske.d, 
 for I do not think I ought to state what 
 was said to me when I was in prison with 
 other men. 
 
 Objection waived on the part of all the 
 accused. 
 
 I know what Mr. Horsey told me and Mr. 
 Humphreys ; he told where he hid his buck- 
 shot, caps and powder ; some of it was hid 
 in a manger under the horses' feed, and in 
 a barrel the caps were hid; other portions 
 were hid in a stable and upon the plate? in 
 the corncrib; Shirklifie carried oflTmuch of 
 it ; and the powder was hid in barrels in his 
 house. 
 
 Q. When did he tell you this? 
 A. When I was in prison with him; four 
 hundred pounds of lead are hid in difierent 
 places, some of it left with a man by the 
 name of Baker, and a man he called Miller 
 helped to pack some of the powder across 
 the river. Shirkliffe has since been drafted, 
 and is now in the army; he told where the 
 money came from that they got it with; 
 from Dr. Bowles. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 131 
 
 Q. Did you learn what quantity of ammu- 
 nition was^hid ? 
 
 A. There were four hundred pounds of 
 lead and several thousand musket caps ; I 
 think some six or seven kegs of powder. 
 Both Mr. Humphreys and myself wanted 
 Mr. Horsey taken ft-om our cell ; we did not 
 wish to he associated with him, and we had 
 even written a letter to Colonel Warner, 
 which Mr. Humphreys and myself signed, 
 requesting a change. 
 
 CROSS-EXAMINATION. 
 
 Question by the accused: 
 
 When do you say you joined this order? 
 
 Answer. I find I was mistaken in my an- 
 swer in the examination-in-chief. It must 
 have been in September I joined the order; 
 because I let a gentleman read the obliga- 
 tion and ritual instead of swearing him to it. 
 
 Q. What is his name? 
 
 A. His name is Joseph V. Cutshaw. He 
 is now Clerk of the Court. He was then a 
 candidate for that office. I gave him the 
 ritual to read with the understanding that 
 he would take the obligation. 
 
 Q. At what time did you attend the first 
 Grand Council? 
 
 A. On the 16th and 17th of February. 
 
 Q. Were you not at the Council in the 
 fall? 
 
 A. I was not at the November session. I 
 was entitled to go as delegate, by virtue of 
 my office, but I could not attend, and got 
 Mr. Wilson to go in my place. 
 
 Q. What do you know about the military 
 bill? 
 
 A. I do not know any thing about its 
 adoption. That bill, I understood, was con- 
 fided to the Committee of Thirteen, who had 
 exclusive control df it. 
 
 Q. Who did you learn this from ? 
 
 A. I understood from Dr. Wilson that 
 this was the case. 
 
 Q. Was Dr. Wilson at the November 
 meeting? 
 
 A. I think he was. 
 
 Q. Did he tell you this after his return ? 
 
 A. Yes, sir. 
 
 Q. When did you first hear of the mili- 
 tary organization of the order ? 
 
 A. I can not state the date. If I could be 
 positive about Dr. Wilson's attendance at 
 the November meeting of the Grand Coun- 
 cil, I could tell you how long it was before 
 or after it. 
 
 Q. At what time did you first learn of the 
 military feature of the order ? 
 
 'A. It was some time in the latter part of 
 1863, or in the first part of 1864. 
 
 Q. From whom did you learn it? 
 
 A. From Dr. Wilson, and I believe also 
 from Mr. Harris. It was at the lime they 
 told me about the arsenals. 
 
 Q. Did you learn it prior to the meeting 
 in February ? 
 
 A. Yes, sir. I 
 
 Q, Did Dr. Wilson tell you prior to that 
 meeting that he was on Dr. Bowles' staflf? 
 
 A. No, sir. Uc never told me so but once. 
 
 Q. How often did you see Dr. Bowles? 
 
 A. I never saw him except once at his 
 own house, once in attending Court at Paoli, 
 and once at a meeting of the State Council. 
 
 Q. When was that meeting lield ? 
 
 A. On the 16th and 17th of February. 
 
 Q. Do you know that Dr. Bowles w<as 
 elected major general ? 
 
 A. I was present at the election, and ar- 
 ranged the counties, attaching Orange 
 county to the District, so that when Majoi' 
 McGrane refused to serve, Dr. Bowles could 
 take his place. Major McGrane declined, 
 and Dr. Bowles was elected. 
 
 Q. Was not Dr. Bowles the junior major 
 general ? 
 
 A. No, sir. 
 
 Q. How does that come ? 
 
 A. The military and civil organizations 
 were not regulated aUke in regard to rank 
 of junior or senior. 
 
 Q. Did not the militarj' organization of 
 the order adopt the same rules in regard to 
 grades and rank as are in force in the army 
 of the United States, ranking according to 
 the date of their commissions? 
 
 A. Not that I know of 
 
 Q. As Dr. Bowles was elected after the 
 other major generals, because Major Mc- 
 Grane had declined, how do you know he 
 was not the junior officer? 
 
 A. Dr. Wilson said he was the ranking 
 major general, through his military experi- 
 ence in the Mexican war, and had control 
 of the military part of the organization. 
 
 Q. Did not Major McGrane hold the same 
 position and the same rank as that to 
 which Dr. Bowles wa.s afterward elected ? 
 
 A. I think not. 
 
 Q. Why not ? 
 
 A. Because I never knew that he was in 
 the confidence of the order, and had control 
 of it, as I knew Dr. Bowles was, from what 
 I heard Dr. Wilson, Mr. Hamilton, and Mr. 
 Logan say. 
 
 Q. Did Dr. Bowles' election difi'er from 
 any other ? 
 
 A. It did not. 
 
 Q. Are you acquainted with any act which 
 led you to the conclusion that Dr. Bowles 
 was at the head of the mihtary organiza- 
 tion? 
 
 A. Yes, sir. 
 
 Q. What was it? 
 
 A. What Dodd stated; at the Februaiy 
 meeting, that Dr. Bowles was boss of tlie 
 whole machine of the military part of the 
 order, 
 
 Q. Who were the other Major Gener- 
 als? 
 
 A. Major Conklin was one. Dr. Yeakle 
 was also appointed as a Major General, and 
 Mr. Humphreys was appointed for another 
 district. 
 
132 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 Q. Who was intrusted with the arming 
 of the order? 
 
 A. I understood the Commander-in-chief 
 of the military part of the order, Dr. Bowles 
 had charge of it. 
 
 Q. Who received the money for that pur- 
 pose? 
 
 A. Colonel John C. Walker and Dodd, 
 each, received $1,000, and Dr. Bowles re- 
 ceived his jshare. 
 
 Q. How much was that ? 
 
 A. I do not know. 
 
 Q. From whom did he receive it ? 
 
 A. I never heard. Probably from Walker 
 and Dodd. 
 
 Q. Did he have to depend on his juniors 
 for funds? 
 
 A. I do not know whether you would call 
 them his juniors or seniors. 
 
 Q. But seniors do not have to depend on 
 their juniors in the army, do they? 
 
 A. If they did not, they would never get 
 into any battle. ^ 
 
 Q. Did Dr. Bowles have to rely entirely 
 upon his Grand Commander for funds? 
 
 A. I can not state whether he relied en- 
 tirely on him or not. 
 
 Q. Did you ever hear of Dr. Bowles get- 
 ting money from other sources ? 
 
 A. I did not. 
 
 Q. When did you determine to have 
 nothing more to do with this order? 
 
 A. On the 16th of February, after the 
 case of Mr. Malott had been investigated. 
 I had been on the Committee of Investiga- 
 tion on the charge against Mr. Malott, of 
 having divulged the secrets of the order, 
 After the report was made, Mi-. Moss, of 
 Greene county, and Mr. Malott, left the 
 room with me to take a drink. We came 
 down to the foot of the stairs ; there Mr. 
 Moss and Mr. Malott asked me what I 
 thought of the investigation; I said 1 
 thought it did not amount to much, and 
 that the whole concern was a humbug, and 
 not worth a damn. One of them said, "Let's 
 go and take a drink on that." We came 
 down to Hezekiah's and took a drink, and 
 then agreed to have nothing more to do 
 with the order. 
 
 Q. Did you inform the rest of the order 
 of that intention? 
 
 A. I did not; I did not propose to make 
 a blowing-horn of myself at that time. 
 
 Q. When were you elected? 
 
 A. I was elected Deputy Grand Com- 
 mander on the 16th or 17th of Febru- 
 ary. 
 
 Q. Before you resolved to quit it ? 
 
 A. Yes, sir. 
 
 Q. Did you communicate your intention 
 to have nothing more to do with it to any 
 body else ? 
 
 A. I informed nobody but Mr. Moss, Mr. 
 Malott, and Mr. Bingham, with whom I had 
 talked frequently, and we thought we would 
 let it alone, and let it grind out itself 
 
 Q. At what time did you leave Indianap- 
 olis after coming to this resolution ? 
 A. That evening, or the nextday. 
 Q. What members of the order do you 
 remenaber went home with' you? 
 
 A. Nobody; I went by myself; I was the 
 only member from Washington county 
 here, that I recollect. 
 
 Q. Did you keep that resolution to have 
 nothing more to do with it ? 
 
 A. I did, sir; except so far as was neces- 
 sary to inform my particular friends of any 
 insurrection that might take place. 
 Q. Were you u, civil member ? 
 A. Yes, sir; and a military one, too. 
 Q. How'far were you military? 
 A. As far as a Grand Commander. 
 Q. What were your powers? 
 A. The same as the Grand Commander, 
 when he was deposed, or out of the way. 
 
 Q. How was it when you acted for or 
 under him? 
 
 A. I never acted under him; I had nothing 
 to do except when he was out of the way. 
 Q. Had he any right to act through you 
 as his deputy? 
 A. No, sir. 
 
 Q. Then you only acted in the absence or 
 death of the Grand Commander ? 
 
 A. Then I would be Grand Commander 
 de facto. 
 
 Q. From what part of the organization or 
 order did you come to the conclusion that 
 when you acted as Grand Commander, Dr. 
 Bowles would have a right to command 
 you? 
 
 A. Dr. Wilson said Bowles had said so 
 himself That is all I did know. 
 
 Q. Do you know whether that was any 
 part of the order, military or civil ? 
 
 A. I suppose it was; I was so instructed; 
 and I presume that the officer who had 
 seen service would rank those who had not 
 been in the service; Colonel Bowles had 
 been in the Mexican war. 
 
 Q. How long, after you went home, 
 did you elect the officers of j'our county 
 temple ? 
 
 A. Within a week or so of the 22d of 
 February, which was said to be the anni- 
 versary of the order, when Logan was 
 elected Grand Seignior. 
 
 Q. How many members had been taken 
 into the order up to that time? 
 A. I have no means of knowing. 
 Q. Had there been a temple established 
 in each township at that time ? 
 A. I think not. 
 
 Q. Did you ever participate in the estab- 
 lishing of temples after that ? 
 A. No, sir. 
 
 Q. Did you ever meet with temples after 
 that? 
 
 A. Yes, sir; when we wanted to elect a 
 couple of Justices of the Peace, sometime 
 in March, I think, I went once to a meeting. 
 Q. Who presided at that meeting? 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 133 
 
 A. I believe I did, as Deputy Grand Com- 
 mander. 
 
 Q. Did you correspond with members of 
 ihe order at that time ? 
 
 A. I can not say that I did; except that 
 about the time of Dodd's arrest, I wrote a 
 letter to each of the major generals in the 
 order, one to Mr. Humphreys, one to Mr. 
 Milligan, who, I remember, was sick in bed 
 as the answer informed me, and one I wrote 
 to Dr. Bowles, which was to be taken by a 
 man by the name of Eainbow, but it was 
 never sent 
 
 Q. What was the substance of those 
 letters ? 
 
 A. It was that Dr. Wilson had come to 
 me and said he had not talked with me for 
 two or threemonths; that he now considered 
 it his duty to do so ; that as I was Deputy 
 Grand Commander, and Dodd was arrested, 
 I must write to Vallandigham and to each 
 of the major generals; I did not want to do 
 so, but he insisted, and I did write to Mr. 
 Humphreys, Mr. Milligan, John C. Walker, 
 and Mr. Vallandigham; I wrote to Mr. 
 Bowles, but as I understood he was arrested 
 for harboring deserters, I did not send the 
 letter. 
 
 Q. How did you write to Vallandigham? 
 
 A. As Supreme Grand Commander of the 
 Supreme Council of the United States. 
 
 Q. How did you sign your name to this 
 letter ? 
 
 A. Horace Heffren. 
 
 Q. Did you sign it officially or unofficially? 
 
 A. I do not recollect ; I might have signed 
 it officially. Dr. Wilson said that as Mr. 
 Dodd was arrested, he thought it best to do 
 something. Thomas G. Wilson, of Camp- 
 bellsburg, Washington county, had been to 
 Illinois, and pretended to have seen the 
 Grand Commander of the State of IlUnois, 
 and reported to me that Illinois was ready 
 to raise, and was only waiting for Indiana, 
 I told him I did not know about such a 
 movement, but thought it was best to go 
 slow and not get themselves into trouble. 
 Wilson wanted me to write to the Supreme 
 Grand Commander, and also to the major 
 generals in the State; I talked with him some 
 time, and said it was best not to write, but he 
 insisted, and I wrote, fie said Dodd was ar- 
 rested, and asked what shall we do — sub- 
 mit or fight ? that was the substance of my 
 letter. 
 
 Q. What do you mean by we ? 
 
 A. I mean the members of the Order of 
 American Knights. 
 
 Q. You forgot your resolution to have 
 nothing more to do with the order, did you 
 not? 
 
 A. I acceded to Dr. Wilson's earnest so- 
 licitations and wrote, although I considered 
 myself out of the order ? 
 
 Q. Did these gentlemen write back? 
 
 A. None but Mr. Milligan and Mr. Hum- 
 phreys. Mr. Milligan's letter was signed 
 
 by some gentleman as "student," as he- 
 was sick, and it said that it would not do 
 at the present time, but we must abide our 
 time. 
 
 Q. What did he say about the salvation 
 of God? 
 
 A. He did not say any thing about the 
 salvation of God, for I did not think it was 
 near any of us at that time. 
 
 Q. What did Mr. Humphreys say ? 
 
 A. Last spring, coming to Indianapolis, we 
 met at the Green Castle Junction, had a 
 talk about the order and its organization, 
 and Mr, Humphreys said it would not do. 
 We had got to depend on Chicago; he 
 said he was for his country, right or wrong, 
 and would have nothing to do with it. He 
 advised me to quit the order, and I said I 
 had quit it, and would have nothing more 
 to do with the order ; and I told him about 
 Mr. Moss and Malott on the 17th of Feb- 
 ruary ; Humphreys said ho was glad of it. 
 
 The Judge Advocate here objected to this 
 class of testimony. 
 
 Q. In regard to resisting the draft, did 
 not Mr. Humphreys say that it would not 
 do to resist the law ? 
 
 A. He did; he said so in the letter and 
 in the conversation I have referred to. 
 
 Q. What did he say about the men hav- 
 ing, or not having, authority to use his name 
 at the February meeting ? 
 
 A. He said it was without his'linowledge 
 or consent, and they had no right to it; he 
 said he was for his country riglit or wrong, 
 and for the Constitution as it was. 
 
 Q. What did Mr. Milligan say ? 
 
 A. I received that letter signed "student;" 
 I suppose written by a student in his office. 
 
 Q. Did Vallandigham write to you ? 
 
 A. No, sir. I did not have the honor of 
 receiving a letter from him ; I was too small 
 fry I expect. 
 
 Q. What was the date of your letter to 
 this gentleman ? 
 
 A. I should judge it must have been two 
 months ago ; it was just after Mr. Dodd was 
 arrested. 
 
 Q. How many members were at that time 
 enrolled in your county ? 
 
 A. From what I understood, there must 
 have been one thousand or eleven hundred. 
 
 Q. Who organized the county? 
 
 A. I did; together with Dr. Wilson and 
 Mr. Logan. 
 
 Q. When did you initiate the Hon. M. C. 
 Kerr? 
 
 A. At Mr. Graff's saddlery: it must have 
 been near Tuesday night, the 8th of March, 
 1864. 
 
 Q. How often did you meet with the 
 temple in New Albany 't. 
 
 A. Only those two nights; I do not think 
 Mr. Kerr was there the first night, but ho 
 was there the second. 
 
 Q. When did you organize them? 
 
 A. It could not have been far from the 
 
134 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 28th of March; it might have been about 
 the 25th of February that we organized that 
 temple. 
 
 Q. How many members did you take in ? 
 
 'A. About twenty or thirty. 
 
 Q. Did you take in some each time you 
 met? 
 
 A. Yes, sir ; of course that was my busi- 
 ness. 
 
 Q. Were you allowed any thing for the 
 organization of this temple 7 
 
 A. Yes, sir. I suppose I was ; but 1 never 
 got any thing, with the exception of what 
 Mr. Jones, of New Albany, paid me, which 
 was about three dollars, which paid my ex- 
 penses to New Albany and back. 
 
 Q. Had youany correspondencewithother 
 members ? 
 
 A. I never wrote any letters in regard to 
 the order save to Messrs. Vallandigham, 
 Humphreys and Milligan, and one letter 
 I wrote to Dr. Bowles, but did not send. 
 
 Q. About what time (lid you appoint Wil- 
 liam P. Green to act as your proxy ? 
 
 A. I think it was in June. 
 
 Q. At what time did Dr. Wilson show you 
 the thousand dollars? 
 
 A. It could not have been far from the 
 middle of June, 1864, or when he came back 
 from seeing Dr. Bowles at French Lick 
 Springs. 
 
 Q. How long was that before he told you 
 to write to these men, in regard to what 
 you should do? 
 
 A. The money was shown to me some 
 tim ein June; the writing was some time in 
 September. I know it was near the time 
 of Dodd's arrest Mr. Dodd had not been 
 arrested when he showed me the money. 
 I do not know whether he had been to 
 Chicago, or to Dr. Bowies'. I should state 
 in regard to Mr. Milligan, I think that he was 
 present at the second day of the Grand 
 Council in February. I have not a distinct 
 and positive recollection of his being there; 
 what makes me think he was there is be- 
 cause Harry Vandegrift was very anxious 
 that Mr. Milligan should be nominated for 
 Governor. 
 
 Q. When was the ritual changed, if ever ? 
 
 A. Mr. Dodd, at the February meeting, 
 reported a constitution, Jjy-laws, etc., oaths 
 and obligationSjbut when they were changed 
 J do not know ; those published are not the 
 same as those read ; 1 am certain of that. 
 I do not know who changed them, or any 
 thing about it. 
 
 Q. How were the ordinary expenses of 
 the order kept up? 
 
 A. By the initiation fee; $1 for the first 
 degree, $1 "50 for the second, $2 50 for the 
 third degree, and twenty cents per month ; 
 and they had a. right to tax if they saw 
 fit 
 
 Q. How were the expenses of the Su- 
 preme Grand Council of the United States 
 to be kept up? 
 
 A. I do not know, except by contiibu- 
 tions from grand and branch temples 
 
 Q. Do you know what the expenses of 
 the Grand Council of the State of Indiana 
 were estimated at? 
 A. I do not. 
 
 Q. What was the salary of the Secretary? 
 A. My impression was that it was to be 
 eight hundred dollars per year. 
 
 Q. Do you know any thing else about the 
 expenses of the order ? 
 
 A. No, sir. 
 
 Q. Mr. Green, then, lied to you when he 
 returned, or pretended to return from the 
 Grand Council, did he not? 
 
 A. Either he, or Mr. Dodd, or my brother; 
 Mr. Dodd said that Mr. Green did not get 
 in. 
 
 Q. How did you sign that proxy? 
 
 A. I signed it " Horace Heftren," and I 
 gave him a letter of introduction to Dodd 
 beside ; I do not know whether I signed it 
 officially or not, but I presume it would be 
 signed officially to Dodd. 
 
 Q. At what time did you say the rebel 
 raid was to be made in Indiana ? 
 
 A. I did not say that a rebel raid was to 
 be made in Indiana. 
 
 Q. The raid in which you were to parti- 
 cipate ? 
 
 A. I did not state that either. 
 
 Q. What was to take place on the 16th 
 of August? 
 
 A. An uprising in the States of Indiana, 
 Kentucky, Ohio and Missouri; the Confed- 
 erates were to come up through Cumber- 
 land Gap; but we did not rise, and the 
 rebels did not come. 
 
 Q. What was the name of that man who 
 was -sent to Missouri ? 
 
 A. I do not know; nor whether ho got 
 there, or had any communication with 
 Price. 4 
 
 Q. Do you know whether he had corre- 
 spondence with General Price ? 
 
 A. Yes, sir; I understood so from Dr. 
 Wilson, George E. Harris and Harry Van- 
 degriff, of Salem. 
 
 Q. Who was sent to Richmond ? 
 
 A. I do not know that. 
 
 Q. Did you ever inquire? 
 
 A. I did, of Mr. Wilson and Harris; but 
 I did not find out from them; they did not 
 say they knew. 
 
 Q. Who told you about this emblem to 
 save property? 
 
 A. It was to save the property of those 
 belonging to the order. I only told it to 
 two men, my father and father-in-law. 
 
 Q. Did they avail themselves of it ? 
 
 A. I do not know. 
 
 Q. Did you ever make one ? 
 
 A. 1 told my wife to make one; but she 
 did not. 
 
 Q. Did you ever see one? 
 
 A. No, sir; nor did I see 
 making one. 
 
 any person 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 135 
 
 Q. What banner weije you to march un- 
 der when you rallied? 
 
 A. The banner they carried in the army. 
 
 Q. In what army ? 
 
 A. The Confederate army, of course. If 
 we could not gain a North-western Confed- 
 eracy, we were to join our fortunes with 
 the South. 
 
 Q. How would you know when you could 
 not get a North-western Confederacy? 
 
 A. As any fool would know when he got 
 whipped. 
 
 Q. Do you know that the Committee of 
 Thirteen was appointed? 
 
 A. I do not know, except that Mr. Harris 
 said he knew more about that Committee 
 of Thirteen than I did. 
 
 Q. When was it that Mr. Harris told you 
 this? 
 
 A. It was after I came back from Terre 
 Haute. He laughed at me, and said he 
 knew better than I did what was going 
 on in Terre Haute. 
 
 Q. Did he mention the Committee of 
 Thirteen ? 
 
 A. He and I have talked about it per- 
 haps fifty times; he spoke of it and its ar- 
 rangement, and thought tha thing was 
 plajed out, and said that the thing might 
 go to the devil, for all he cared. I think 
 Mr. Harris has had nothing to do with it 
 since, probably, last winter. He never 
 formally withdrew, that I knew of. 
 
 Q. When did you first know of this Com- 
 mittee of Thirteen, connected with the 
 order ? 
 
 A. When Mr. Bailey initiated us; twelve 
 beside myself, which was emblematical of 
 the thirteen original States, and also of the 
 thirteen stars on the flag; that was before 
 the election of 1863. 
 
 Q. Was "not that committee appointed to 
 save the expense of calling the Grand 
 Council together? 
 
 A. I never was present but at one meet- 
 ing of the Grand Council, and it was not 
 spoken of then. 
 
 Q. Did you hear any thing said about 
 the Committee of Thirteen at that meet- 
 ing? 
 
 A. I might, but if so, I have forgotten it. 
 
 Q. Did you ever hear any thing about 
 this Committee of Thirteen before last 
 June? 
 
 A. I did, sir; I never heard any thing 
 since June, that I recollect; 1 heard of it 
 when Mr. Bailey initiated us, sometime in 
 September, 1863; the Committee of Thir- 
 teen belongs exclusively to the Grand 
 Council of the State. 
 
 Q. Were the county temples instructed 
 in relation to it? 
 
 A. I can not state, except that I was so 
 instructed, and so were the gentlemen that 
 were initiated with me. 
 
 Q. This committee, you say, had power to 
 appoint ten murderers, or men who had 
 
 the dark work of taking care of Governor 
 Morton ? 
 
 A. 1 did not say they appointed ten mur- 
 derers ; I said they were a committee to 
 select ten meli to take care of Governed 
 Morton, and hold him as a hostage; or fail- 
 ing in that, to take care of him. 
 
 Q. What do you understand the words 
 " talce care of liim," to mean ? 
 
 A. Just wliat any sensible man would; 
 that if they could not use him for their 
 own purposes, they might take him out and 
 kill him. 
 
 Q. When did you first understand that? 
 
 A. I think it must have been about June, 
 1864; and I packed up my carpetsack to 
 go and tell Governor Morton in regard-to 
 it, but my wife was taken sick, and I did 
 not go. I tried to communicate with him 
 when I was in prison, but I could not do it. 
 
 Q. When did Wilson tell you this? 
 
 A. I think he must have been to Chicago 
 or New York, or French Lick Springs; I 
 am not certain; he told me wlien he came 
 from one of those places. I knew there 
 was a Grand Council somewhere about June 
 that I did not attend; and there was a Su- 
 preme Grand Council held in Chicago, to 
 which I gave Green my proxy. 
 
 Q. Were you told this before or after 
 you gave Green your proxy to go to Chi- 
 cago? 
 
 A. I can not say for certain, but I pre- 
 sume it would be after. 
 
 Q. Then you had lieard this statement of 
 Wilson in regard to tlie appointment of ten 
 men to do this dirty work? 
 
 A. My impression is that I had, but I am 
 not positive. 
 
 Q. Could you not have let Governor Mor- 
 ton know that it would be best for him to be 
 careful ? 
 
 A. I suppose I could, sir. 
 
 Q. Did you believe that those ten men 
 would do this to Governor Morton? 
 
 A. I did, sir; I had good reasons for be- 
 lieving it 
 
 Q. Did Kerr come to see you when this 
 alarm was got up ? 
 
 A. No, sir. 
 
 Q. And you did not meet him when he was 
 on his way to Washington county, did 
 you? 
 
 A. No, sir; or if I did, he did not inform 
 me as to his business. I never knew of 
 Mr. Kerr doing any thing but what, in my 
 judgment, was right and proper. 
 
 Q. Did you ever talk with Dr. Bowles on 
 this matter ? 
 
 A. Never, in my life. 
 
 Q. How far did you live from Dr. Bowles? 
 
 A. About thirty to thirty-five miles. 
 
 Q. Why was this flag to be put on the 
 property of members of the order and their 
 friends? 
 
 A. To save our property. It was under- 
 stood that property that was not so designa- 
 
136 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 ted would be destroyed when a rebel raid 
 ghould take place; but if that flag was dis- 
 played the destroying angel would pass 
 over it, and it would not be disturbed. 
 
 Q. You were very anxious to save Gover- 
 nor Morton, but did care about your neigh- 
 bors, did you ? 
 
 A. I had nothing to do with them. My 
 feelings were that I did not care after Mor- 
 gan came through, and they treated me as 
 they did; I mean the soldiers under Hob- 
 son. 
 
 [Objected to by the Judge Advocate.] 
 Q. When did you meet Felix Gr. Stidger 
 first? 
 
 A. I do not know that I ever saw him till 
 I law him oh the stand here. I do not 
 recollect any conversation with him in Sa- 
 lem. 
 
 Q. Did you meet a gentleman like Stid- 
 ger, from Kentucky, to whom you said you 
 were expecting an envoy or commissioner 
 from Kentucky to bring you word about 
 the disbanding of some of Forrest's regi- 
 ments? 
 
 ' [Question objected to by the JudgeAdvo- 
 cate.] 
 
 The counsel for the accused remarked as 
 follows: 
 
 The witness, Stidger, has fixed the time 
 and place when he had two several conver- 
 sations with this man Heffren, and he has 
 given the substance of these conversations : 
 I now propose to show by this witness that 
 no such conversation ever took place at 
 either of the times mentioned by Stidger. 
 ?^make him my witness for that purpose 
 in order to save time; if this is not admit- 
 ted, I shall introduce him as a witness for 
 the defense afterward. 
 To which the Judge Advocate replied: 
 This is the rule of law: that the accused 
 have a right to cross-examine this witness 
 as to any matter on which Ihave examined 
 liim in chief; only by courtesy and consent 
 of tlie opposite party, can they step outside 
 and enter upon new ground. If that con- 
 sent is yielded, then I may cross-examine 
 him upon that new matter; but under my 
 objection they can not introduce new mat- 
 ter. They may recall him, and place him 
 upon the stand as their witness. 
 Question withdrawn. 
 
 Q. In the month of May last, from the 
 4th to the 8th, in the town of Salem, and 
 at the Persise House, did you, or did you 
 not have a conversation about the order, 
 and your relations with it, with Felix G 
 Stidger? 
 
 A. I have no recollection of any conver- 
 sation with him. 
 
 Q. At that time and place, and in conver- 
 sation with Felix G. Stidger, did you not 
 inform him that you wished to see him? 
 
 A. 1 could not ask him that if I did not 
 
 see him, and I do not recollect seeing him. 
 
 Q. Did you not further tell him that you 
 
 were expecting a gommissioner from cer- 
 tain disbanded rebelregiments in Kentucky, 
 and that you had mistaken him for thai 
 commissioner? 
 
 A. I do not recollect any conversation 
 with such a man, or of such an import. 
 
 Q. If you had had such a conversation, 
 would you not remember it? 
 
 A. I do not know whether I should re- 
 member it or not. It is possible some 
 man played himself off on Stidger that 
 time for me. A great many men about 
 Salem, at that time, were expecting a man 
 from Cumberland Gap to report rebel 
 movements. My diary shows that I was 
 not in town then. 
 
 Q. What days do you refer to? 
 
 A. The 6th and 7th, and 27th of May. 
 On the 6th of May I was making a speech 
 in Franklin township ; on the 7th I was at 
 Little York township; and on the 26th of 
 
 May, I was at school house, in Madison 
 
 township. 
 
 Q. How far is that from Salem? 
 
 A. Ten or twelve miles. I drove my 
 ponies, I recollect. 
 
 Q. Did you see any man who resembled 
 Stidger? 
 
 A. I do not recollect any one of his per- 
 sonal appearance. There was a tall, stoop- 
 shouldered, black-whiskered man, called 
 on me some time in the spring — Coffin I 
 suppose it was. He did not look like Stid- 
 ger who testified here. He had a large 
 Roman nose. 
 
 Q Did you have any such conversation 
 with Coffin as that testified to by Stidger? 
 
 A. I do not think I did. I thought he 
 was a spy or a detective. I believe I got 
 rid of him by writing a letter of introduc- 
 tion to Judge Carlton. There was a way 
 of writing a letter to have it mean the op- 
 posite of its purport. For instance, I wrote 
 he was an exceedingly loyal man, and then 
 put in the left hand corner the letters 0. 
 A. K., with a dash before and after "0. A. 
 K.," the first letters of the signal of dis- 
 tress,, which gave the opposite meaning to 
 the letter. 
 
 Q. Did you not act while in prison as le- 
 gal adviser to Stephen Horsey? 
 
 A. I did not. I acted as a legal adviser 
 to no one. You and others were my legal 
 advisers, and I could not get you up to my 
 room as often as I wanted you. 
 
 Q. Did not Horsey rely on your advice 
 as a lawyer? 
 
 A. I can not say that he did. 
 
 Q. Are not you and Mr. James B. Wilson 
 on bad terms ? 
 
 A. We are not. 
 
 Q. When he came into Court the other 
 day, did you not say angrily, that you 
 would like to know whether he heard the 
 story of Haman and Mordecai, of his being 
 hung on the gallows he had built for 
 others? 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 137 
 
 A I do not think I made such a remark, 
 but thought it pretty strong. 
 
 RE-EXAMINATION. 
 
 Question by the Judge Advocate: 
 
 1 understand you to say that you have 
 no recollection of having any conversation 
 with Felix G. Stidger. Is that correct? 
 
 A. I do not recollect any such conversa- 
 tion. He might have had such a conversa- 
 tion with some one. 
 
 Q. Is it not possible that he might have 
 had such a conversation with you? 
 
 A. It is, but I do not recollect it. 
 
 Q. In regard to the incidents of that day, 
 you say you have an absence of recollec- 
 tion? 
 
 A. I do. 
 
 Q. What is the personal appearance of 
 this Mr. Bailey, of Terre Haute, you have 
 referred to? 
 
 A. He is a man about twenty-five years 
 of age. I understand lie is dead. 
 
 Q. I understood you to state that Mr. 
 Humphreys had abandoned this order. Were 
 you not informed by a letter from Hum- 
 phreys and others, of his having charge of 
 and being concerned in a general drill at a 
 meeting of about one thousand men con- 
 nected with this order, on or about the 
 lines of Green, Clay, or Sullivan counties, 
 during the month of September last? 
 
 A. I did not hear of it. 
 ' Q. Did you not hear of his drilling mem- 
 bers of the order in his county ? 
 
 A. Xot before his arrest, or since. 
 
 Q. Did you hear, of his assisting to arm 
 members of the order, or giving instructions 
 as to resisting the draft? 
 
 A. No, sir. He said a great many men 
 had come to him to know whether he 
 would fight, and he told them to go home 
 and behave themselves. 
 
 Q. Did you ever hear of his advising re- 
 sistance to the draft ? 
 
 A. I never did, sir. 
 
 Q. Did you ever meet him at any meeting 
 of the order? 
 
 A. I did not, sir. 
 
 Q. How did you first know that he was a 
 member of the order ? 
 
 A. I think it was probably the letter he 
 wrote to me last fall. 
 
 Q. Did you learn that he was a member 
 of the order from that letter? 
 
 A. I am not positive. 
 
 Q. If he had told you about the time of 
 the June meeting here, and previous to that, 
 that the thing was a humbug, and he had 
 abandoned it, why did you write to him as 
 a major general, to hear whether you were 
 to come to arms on the arrest of Dodd ? 
 
 A. At the request of Dr. Wilson, he in- 
 sisted that I should write to all the major 
 generals; that I was the only one to write; 
 and I, as Deputy Grand Commander, wrote 
 to him as major general That was after he 
 
 told me that ho had abandoned it, as it was 
 a humbug. I wrote to him in the same 
 manner that I wrote to Mr. Milligan, but I 
 wrote a little more to Mr. Vallandigham; 
 and the purport of it was to see whether we 
 should back out or fight, and if to fight, to 
 bring the heads together at once. It was only 
 to accommodate Dr. Wilson that I did it. 
 
 The Commission then adjourned, to meet 
 on Friday, November 11, 1864, at iO o'clock, 
 A. M. 
 
 CouET EooBi, Indianapolis, Indiana, 
 November U, 1864, 10 o'clock, A. 
 
 M.} 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present. Also, the 
 Judge Advocate, the accused, and their 
 counsel. 
 
 The proceedings of yesterday were read 
 and approved. 
 
 The following Special Field Order was 
 then read by the Judge Advocate: 
 
 Headquarters Department of the Cumderland, > 
 Atlanta, Ga., October 15, 18G1. / 
 
 Special Field Orders, No. 275. 
 
 ****!. The resignations of the fol- 
 lowing named officers are accepted, to take 
 effect from this date: 
 
 Colonel J. T. Wilder, 17th Indiana 
 Mounted Infantry. Disability. 
 
 By command of Major General Thomas. 
 SOUTHAliD HOFFMAN, 
 
 Assistant Adjutant General. • 
 
 Some of the members of the Commission 
 having expressed a desire to ask Mr. 
 Heflfren some questions, he was 'called to 
 the stand, and the following questions were 
 submitted : 
 
 Question by the Court : 
 
 Do you know from your own knowledge, 
 or from any member of the order, how 
 many States were represented in the Grand 
 Council of the Order of the Sons of Liberty, 
 at any of their meetings ? 
 
 Answer. I was told by Dr. Wilson, when 
 he returned from Chicago, that they were 
 all represented but five ; all the States both 
 North and South. 
 
 Q. Do you recollect what five were not 
 represented ? 
 
 A. Florida and South Carolina I remem- 
 ber being mentioned, but the other three I 
 am not sure about. 
 
 Q. Do you recollect any thing about a 
 session of this order about the time of the 
 Democratic Convention at Chicago ? 
 
 A. I know nothing of it except what Dr.' 
 Wilson said at a meeting we had called to 
 raise money to buy substitutes for the poor 
 men drafted in our county. He there stated 
 that the object was to concentrate all the 
 votes against McClellan, and prevent his 
 nomination at Chicago. 
 
138 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 Q. Do you know the names of any who 
 were there ? 
 
 A. I do not know whether he gave any. 
 At the called meeting there were present 
 Colonel Menaugh, Mr. Kerr, General 
 Cravens, I think, Mr. Trotter, Mr. Hamil- 
 ton, Mr. Logan, I think, Mr. Spears, Isaac 
 Baker, George Beck, E. G. Weir, a Doctor, 
 whose name I forgot, he used to live in Little 
 York; Dr. Newland was present, and Mr. 
 Joseph Denny; there must have been fifty; 
 the Sheriif of Washington county, B. F. 
 Nicholson, was in the room. 
 
 Q. Were these persons members of the 
 order ? 
 
 A. Some were; I do not think Dr. New- 
 land ever was a member of it. 
 
 Q. Do you know of this order having any 
 connection with or interest in blockade run- 
 ning, with reference to arms ? 
 
 A. I was so told by members of the order; 
 I was told by Mr. Dodd and by Dr. Wilson 
 that Vice President Stephens had gone to 
 Nassau ; that a good many arms and ammu- 
 nition had been shipped there for'the South- 
 ern States from England, but could not get 
 through the blockade, and he went to make 
 arrangements with Commissioners from the 
 North to have them shipped to Canada, and 
 thence distributed through the North, for 
 the use of the military part of this organi- 
 zation. They were to come to Chicago, 
 .through Canada. 
 
 Q. Do you say General Cravens was pres- 
 ent at that meeting? 
 
 A. Yes, sir. I think he was; but'may be 
 mistaken. I was Chairman of the meeting; 
 and it was held in Salem, in the Grand Jury 
 room, in the Court house, on the Monday 
 after General Harlan, of Kentucky, spoke at 
 Salem. At that meeting a great deal was 
 said conversationally, as to what was to be 
 done, and several persons asked me to make 
 an announcement, which I did, requesting 
 that each McClellan Club in the county 
 would meet at 2 o'clock the next day, (Sun- 
 day,) as the business was urgent, to send 
 five delegates from each township to meet 
 at Salem on the next day. 
 
 Q. Was General Cravens a member of the 
 order ? 
 
 A. Not that I know of. Dr. Wilson 
 initiated persons that I knew nothing of; 
 but I do not think he was a member. 
 
 Q. You have seen those shells exhibited 
 here, have you not? 
 
 A. Yes, sir. 
 
 Q. Have you seen them before? 
 
 A. Not those, but some similar to them. 
 
 Q. State when, whetre, and under what 
 circumstances ? 
 
 A. I can not state the exact time, but it 
 was sometime last summei'. Mr. Persise, 
 who keeps a hotel in Salem, called me, and 
 introduced me to a gentleman who was 
 stopping there ; he requested me to go to 
 his room, and I went — to the stranger's 
 
 room. He had a box something like a con- 
 ductor's box, but much deeper. He asked 
 me if I had ever seen these things; I said I 
 had not. Mr. Persise told me he requested 
 him to register his name, but he did not. 
 He also had a hand grenade. As soon as I 
 saw the one in Court, I saw it was on the 
 same principle. He said what it was to 
 be used for, but I did not exactly under- 
 stand him, and did not talk much- to him. 
 He had a ritual of the first degree, and 
 asked me if it was true. He was a shortish 
 
 m, about five feet eight, or ten, wore 
 specs, had dark hair and whiskers. He 
 represented himself as coming from back 
 of Louisville. I concluded he was a Detec- 
 tive, and did not have as much to say as I 
 otherwise might, for I had been threatened 
 with arrest. I did not learn his name; 
 neither do I know if he was in tl^e habit of 
 wearing spectacles, or not. 
 
 Q. Do you know if he was a member of 
 the order? 
 
 A. He said he was; but I did not try him. 
 Heunscrewedthehand-grenade, and showed 
 me the nipples on the inner shell, and that 
 is how I recognised it as soon as the Judge 
 Advocate brought it up in Court. 
 
 Q. For what purpose did he say it was to 
 be used? 
 
 A. For the purpose of destroying Gov- 
 ernment property. The Greek firp , he said, 
 had been improved, and was much better 
 than that used before. It was to be so ar- 
 ranged that a person could take it in a viol 
 and walk along a building, and throw it 
 down, and it could be so prepared in regard 
 to its strength, as to take fire after three or 
 four, or piore hours ; and neither vinegar, 
 water nor molasses would put it out. I was 
 told by Booking, when in prison, how it was 
 made ; he said it was bi-sulphate of carbon 
 and phosphorus. 
 
 Q. Was the man you saw at Salem, Mr. 
 Bocking? 
 
 A. I can not say positively; he is a man 
 who fits his description as near as possible, 
 but I can not positively swear to his 
 identity. Mr. Humphreys said, from my 
 description, after Booking's arrest, that 
 he was the same man. I am not certain 
 he is. 
 
 Q. You may describe his personal appear- 
 ance. 
 
 A. He had on pretty much the same 
 clothes as Bocking had; he wore glasses, 
 and talked very much like Bocking. 
 
 Q. Why was he exhibiting this Greek fire 
 and the hand-grenades? 
 
 A. I can not tell why. 
 
 Q. What was his professed object? 
 
 A. He wanted to know vrhether I had 
 seen these inventions, and asked whether I 
 had not heard that Government stores and 
 boats had been burned at St. Louis and 
 Louisville. He then said, in reference to 
 the Greek fire, "That is what did it." I 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 139 
 
 answered that 1 had heard of these shells, 
 but had not seen them. 
 
 Q. Was he a member of the order 7 
 A. He claimed to be such. Mr. Persise 
 ought to know better than 1 do. He asked 
 me if I recollected him about the time I 
 was arrested ; and when he told me of these 
 circumstances, I remembered them. 
 
 Q. Did Becking make this communica- 
 tion to you'as a member of the order? 
 
 A. That is what I understood, sir. I did 
 not know whether he professed to be a 
 member of the order for the purpose of 
 finding out something, and reporting it, or 
 whether he was a bona fide member. 1 mis- 
 trusted him as a bona fide member ; but sub- 
 sequent events proved that he was. I was 
 confirmed in my judgment that he was a 
 member from what he told me after I was 
 put in prison with him. I reported to Col- 
 onel Warner what I knew of the gentle- 
 man. He was released on parole on the 
 same day Humphreys was put in with me. 
 
 Q. Why did you report him? 
 
 A. I reported to Colonel Warner that he 
 took a letter out for a prisoner in the next 
 cell. I did so, because I did not want to be 
 accused of being with a man who was try- 
 ing to get out and injure me afterward. 
 
 Q. Is Mr. Becking a member of the 
 order ? 
 
 A. I understand he is; he told me 
 himself 
 
 Q. In this same conversation, did he tell 
 you that he exhibited these machines to 
 any body else; and if so, to whom? 
 
 A. I can not say positively whether he 
 did or did not; it seems to me he said some- 
 thing about exhibiting it in Louisville. 
 
 Q. Do I understand you that Mr. Booking 
 told you this while he was in prison with 
 vou? 
 
 A. Yes, sir; and the same conversation 
 took place with him in Salem, if he is the 
 same man. 
 
 Q. Will you describe the man you saw at 
 Salem ? 
 
 A. He was a man, I should judge, about 
 five feet nine inches high, darkish hair; he 
 wore glasses, and, from his accent, I should 
 judge him to be a foreigner; he is between 
 thirty-five and forty years of age. 
 
 Q. Please describe Mr. Booking. 
 
 A. I will have to give the same descrip- 
 tion for him. 
 
 Q. Will you describe Mr. Booking *as you 
 saw him in prison? 
 
 A. He was about five feet nine inches, 
 wore dark clothes and glasses ; a foreigner, 
 I judge, and I believe he told me so; he is 
 from thirty-five to forty years of age, and 
 used to stay at Byan & Elliot's store, he 
 said, in this city, and does yet, if he is re- 
 leased. 
 
 Q. Have you seen or conversed with him 
 since you saw him in prison ? 
 
 A. Yes, sir. 
 
 5. What did he say, at any time, of his 
 being a niember of the order? 
 
 A. He did not deny it. When he was in 
 the same cell with me he wanted to see Mr. 
 Gordon, and to know why he was in prison, 
 and said that they had got suspicious of 
 him because he would not tell what he 
 knew, and that was the reason he was put 
 in prison. 
 
 Q. He always maintained that he was a 
 member of the order, did he not ? 
 
 A. Yes, sir, in all the conversation 1 had 
 with him. He told me, also, of a man that 
 was put in with him for horse-stealing. 
 Colonel Warner, I believe, said this man 
 was a spy, for he had my name on his 
 books. 
 
 Q. Was this man, who exhibited the 
 Greek fire at Salem, a fleshy or a lean 
 man? 
 
 A. I do not think he was either. 
 
 Q. How is Becking, fleshy or lean ? 
 
 A. He was just about the same in that 
 respect. The very instant I set my eyes on 
 Booking, after I was arrested, I took him to 
 be the same man I saw at Salem. 
 
 Q. Did you notice the color of his eyes ? 
 
 A. When at Salem he wore glasses, and I 
 never saw the color of his eyes. 
 
 Q. Were both these persons foreigners? 
 
 A. They were. I called him at first a 
 German; but he said that he was a Belgian. 
 
 KE-CROSS-EXAMINATION. 
 
 The counsel for the accused requested, 
 as a courtesy, the privilege of cross-exam- 
 ination of the witness on the new points 
 brought out by the examination by the 
 Court, to which the Judge Advocate waived 
 all objection. 
 
 Question by the accused: 
 
 At what time was this man, who exhib- 
 ited the Greek fire, at the Persise House, in 
 Salem ? 
 
 Answer. Sometime last summer. 
 
 Q. You will please fix the time as near as 
 you can? 
 
 A. I can not fix it with certainty, except 
 that it was sometime in June, I judge. I 
 have no memorandum to fix it by. It was 
 in May or June. 
 
 Q. Did he give you his name ? 
 
 A. He did not. 
 
 Q. Why did he refuse to give it? 
 
 A. I did not ask him for it. 
 
 Q. How did he register his name ? 
 
 A. Mr. Persise said he refused to register 
 his name. 
 
 Q. Is Mr. Persise a member of the or- 
 der? 
 
 A. He is. \ 
 
 Q. Do you know that this ra&n you saw 
 at Salem is a member of the order, from 
 any thing except from what he said ? 
 
 A. No, sir. 
 
 Q. Did you test him ? 
 
 A. No, sir. 
 
140 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 Q. You stated, did you not, that after 
 you saw Booking conceal this letter for a pris- 
 oner, you told Colonel "Warner of the mat- 
 ter? 
 
 A. I told Colonel Warner of his taking a 
 letter out for a prisoner in the next cell, 
 which was passed to him through a crack. 
 Colonel Warner told me that this man had 
 my name on his book. There was a secret 
 back pocket in the lining of his coat, be- 
 tween the shoulders, in which he put the 
 letter. I saw him put it there, and take it 
 out with him when he was released, on 
 parole. 
 
 Q. At what time was this ? 
 
 A. I think it was when they called for 
 him and he was released on parole. Mr. 
 Humphreys was put in the same cell with 
 me after his release. I think I told Col- 
 onel Warner I thought it very strange he 
 should be released, and we should be; 
 kept in ? 
 
 Q. How did you come to make this state- 
 ment to Colonel Warner ? 
 
 A. From the fact that I did not want any 
 body in the cell next to me, who had con- 
 cealed a saw, and was trying to cut his way 
 out, and have the suspicion of assisting in 
 his escape rest on me, and suffer punish- 
 ment for it. I thought we were in a bad 
 enough scrape, without getting into a worse 
 one. I told Colonel Warner to search his 
 carpet sack, and it was searched, so the 
 sergeant said. 
 
 Q. Did you not, at that time, commence 
 making arrangements with Colonel Warner 
 to become a witness ? 
 
 A. No, sir ; and I made no arrangements 
 with the Judge Advocate. When he spoke 
 to me to take the stand, I thought he 
 spoke to Dr. Wilson who sat behind me, 
 and supposed he was going to put him on 
 the stand, until he spoke to me the second 
 time. Instead of making any arralige- 
 ment to be put on the stand, on the con- 
 trary I told the Judge Advocate I would 
 not be put on the stand under any pledge 
 or promise, and only on the condition of 
 making a full and true statement, for if 
 sworn I would tell the truth. 
 
 Q. I will ask you, with the permission of 
 the .Tudge Advocate, whether that morn- 
 ing, before dinner, you did not have a 
 conversation with Governor Morton or 
 General Hovey, either with one or both of 
 them? 
 
 A. I did. The conversation was confi- 
 dential. 
 
 Q. Did you not let them know that you 
 were willing to become a witness? 
 
 A. T think General Hdvey asked me if I 
 would be a witness; I said that if I was put 
 upon the stand, I would have to tell the 
 truth as any other ma,n would. 
 
 Q. Do you know how long this conversar 
 tion was before you were put upon the 
 stand ? 
 
 A. It could not have been long before, 
 because the Court was waiting when I 
 came in. 
 
 Q. Was it in this room or out of it? 
 
 A. If it had been in this room, I would 
 not have come in and found the Court 
 waiting. I had endeavored to obtain an 
 interview with General Hovey, and wrote 
 to him requesting one, but received no an- 
 swer. 
 
 Q. Why did you seek an interview? 
 
 A. Because I wanted to get out of the 
 scrape. 
 
 Q. How did you propose to get out of the 
 scrape? 
 
 A. I made no proposition. 
 
 Q. Did you tell them you would reveal 
 what you knew ? 
 
 A. No, sir ; I told them I would have to 
 testify as any other man would who was 
 sworn. 
 
 Q. Did you not know that they could not 
 malte you a witness without discharging 
 you? 
 
 [Objected to by the Judge Advocate, and 
 withdrawn.] 
 
 KE-EXAMINATION. 
 
 Question by the Judge Advocate: 
 
 Please state whether you ever had from 
 any Government official any pledge or 
 promise, if you would come upon the stand 
 as a witness ? ^ 
 
 A. I did not ; I had not received or ex- 
 pected any pledge. 
 
 Q. Did I ever hint to you that you were 
 to be a witness ? 
 
 A. You did not, sir; and I asked Colonel 
 Dunham, just before 1 was called on the 
 stand, to ask the Judge Advocate if I 
 should have my witnesses subpenaed ov 
 not. The next thing 1 was on the stand. 
 
 Q. Your interview with me was without 
 any pledge or promise, and by your own in- 
 clination, was it not? 
 
 A. Yes, sir. 
 
 The witness here requested the privilege 
 of making a correction in his previous tes- 
 timony, in regard to Mr. Kerr's taking 
 three degrees. The first night I organized 
 the Council at New Albany, Indiana, they 
 all took three degrees, for it could not be 
 organized unless they had taken the three 
 degrees. Mr. Kerr was not there the first 
 night, and I think he took only the first 
 degree the second night. 
 
 Q.- Do you mean the first degree proper? 
 
 Yes, sir. 
 
 The Commission then adjourned, to meet 
 on Saturday morning, November 12, 1864, 
 at 9 o'clock,^. M. 
 
 CouaT Boou, Indianapolis, Indiana, ") 
 Sovember 12, ISCt, 9 o'clock, A. M.) 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present. Also, the 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 141 
 
 Judge Advooate, the accused, and their 
 counsel. 
 
 The proceedings were read and ap- 
 proved. 
 
 James L. Mason, a witness for the Govern- 
 ment, was then introduced, and, being duly 
 sworn, testified as follows: . 
 
 I have resided in Greenfield, Hancock 
 county, Indiana, for the past eight years. 
 I am Senator from that district. I do not 
 know that I have ever joined any secret 
 society except the Freemasons. I never 
 took the obligation of either tlie Order of 
 Sons of Liberty, or tlie American Knights; 
 and 1 never read the obligations of these 
 orders until I saw tliem in the newspapers. 
 A gentleman, a Mr. Hall, who reported 
 himself as from Eush county, came to my 
 office in 1862, and told me about a secret 
 order, and read a ritual to me, but I did 
 not consider that I took it, and I really do 
 not remember what was the name of the 
 order about which he spoke; it certainly 
 was not the American Knights, or Sons of 
 Liberty, but it might have been the Circle 
 of Honor. I do not know the purpose of 
 his visit to our place, nor do I remember 
 that he said it was for the purpose of estab- 
 lishing a lodge. I never saw that gentle- 
 man before or after. He stated what the 
 order was, and certain facts about it, but I 
 do not think he stated the obligation, nor 
 do I remember repeating any thing after 
 him. My present recollection is, that I did 
 not; nor did he authorize me to form 
 lodges, that 1 remember. Our interview 
 did not last more than fifteen or twenty 
 minutes. I believe he came with a letter 
 of introduction from his brother. I do not 
 remember that he had any further business 
 with me than talking about this order. 
 Possibly his object miglit have been to in- 
 duce me to form a lodge. I did not take 
 any steps to establish the order; nor did I 
 assist in organizing any lodge in the State. 
 
 Harrison Conxell, a witness for the 
 Government, was then introduced, and, 
 being duly sworn by the Judge Advocate, 
 testified as follows: 
 
 I reside in Martin county, Indiana. I 
 joined a secret society in our county, about 
 two years ago. I believe it was called the 
 " American Knights." I joined at the so- 
 licitation of Stephen Horsey. We met in 
 the evening at a school-house in Columbia 
 township. Mr. Horsey lives in the adjoin- 
 ing township. I do not remember how 
 many meetings I attended; I never drilled 
 with the order. Some ammunition was 
 brought to that neighborhood; by whom I 
 do not know, nor do I know for what pur- 
 pose. Stephen Horsey, the accused, told me 
 to meet him about a mile and a half frorn 
 the Shoals, on a certain evening, and we 
 went some distance down the railroad, 
 where we found some ammunition lying 
 near the road. We put it in a sack, and 
 
 carried it home. There was a keg of powder, 
 a package of lead and a package of caps. 1 
 do not know where the ammunition was 
 concealed; it was Mr. Horsey who took me 
 to it. Whein I started, he did not tell me 
 where he wanted me to go with him. He 
 wished me to take care of the ammunition, 
 and I put it in my barn, in the granary, 
 and it was covered over with thrashed oats. 
 When I was arrested, I gave it up to the 
 Detectives. I do not know where the money 
 came from with which the ammunition 
 \v;is purchased. It was in August, or the 
 latter part of July, 1864, that I went with 
 Horsey to fetch the ammunition. 
 
 CROSS-EXAMINATION. 
 
 I should have stated that William Clay- 
 ton initiated me. I attended a meeting of 
 the order last winter at the Gaddis House, 
 at which a Mr. Stone spoke, and the man 
 who spoke led us to think that we were 
 sworn into the service of Jeff Davis. I re- 
 member the men were very much dissatis- 
 fied with his speech. 
 
 The Commission then adjourned, to meet 
 on Monday the 14th, at 2 o clock, P. M. 
 
 CouBT Room, Indianapolis?, Indiana, ) 
 November 14, 1864, 2 o'clock, P. M. J 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present. Also, the 
 Judge Advocate, and the accused, (except 
 W. A. Bowles,) and their counsel. 
 
 The proceedings were read and approved. 
 
 The following communication from W. 
 A. Bowles, one of the accused, was then read 
 to the Commission, by the Judge Advo- 
 cate: 
 
 To the President and Members of the Commission : 
 My health being such that I can not 
 attend the sittings of your body, I hereby 
 waive my right to attend the same, and 
 authorize you to proceed in my absence 
 with my trial, as if I were present. 
 
 [Signed] W. A. BOWLES. 
 
 November 14, 1864. 
 
 A member of the Commission objected to 
 proceeding with the trial during the absence 
 of one of the accused. 
 
 The Court was then cleared for delibera 
 tion. 
 
 On being re-opened, the Judge Advocate 
 announced that the objection was over- 
 ruled. 
 
 EusnA CowGiLL, a witness for the Govern- 
 ment, was then introduced, and, being duly 
 sworn, testified as follows: 
 
 I reside at Greencastle, Putnam county, 
 Indiana. In 1863, I was Provost Marshal 
 in the Seventh District. While in the per- 
 formance of my duties there, I was brought 
 in contact with Mr. Andrew Humphreys. 
 It was about the 4tli of June, 1863, when 1 
 saw Mr. Humphreys at the head of about 
 
142 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 four hundred men. When I first came up, 
 Mr. Humphreys was speaking to the crowd. 
 When I rode up toward him, he came to- 
 ward me, and was introduced to me by 
 Edward Price, of Sullivan county. 
 
 I asked a number of persons who were 
 there, what they were assembled for, and 
 they answered to protect themselves. All 
 that I saw were armed, except perhaps one 
 or two. Mr. Humphreys had command of 
 them. They did not profess to be called 
 out as militia, by the United States, or by 
 the State authorities I had a conversation 
 with Mr. Humphreys of about an hour. Mr. 
 Humphreys talked a great deal about the 
 President of the United States, calling him 
 an old tyrant before the crowd, who was 
 usurping a great deal of power, and wasting 
 the treasure of the United States, and the 
 lives of the citizens. He also stated that 
 he was killing off about forty thousand men 
 per day. He also spoke of Vicksburg, and 
 asked what 1 knew about it. Threats were 
 made against me, by men in the crowd, and 
 some of them swore they would kill any 
 man who attempted to enroll Cass town- 
 ship. They called me a " damned abolition 
 rascal," a "Lincoln pup," and a "Lincoln 
 dog," that deserved to be killed. Some said 
 they ought to kill me before I got out of the 
 crowd. They wanted me to tell them who 
 the enrolling officer of that township would 
 be. I told them he would be known to 
 them in due time. His name was Fletcher 
 Freeman. I had given him the enrolling 
 papers the night before. He was afterward 
 shot and killed. Mr. Humphreys made a 
 second speech to the people, and advised 
 them to go home and mind their own busi- 
 ness; he asked me if I did not indorse this; 
 I answered that I did. He also told them, 
 "Do not sleep too soundly." I then went 
 off, and a man named Ursey came into Sul- 
 livan with me. I regarded Andy Hum- 
 phreys as a leader of the rabble. 
 
 CROSS-EXAMINATION. 
 
 This took place about the 4th of June, 
 1863, in Sullivan county, and I understood 
 it was in Cass township; just beyond there 
 is a little town called Caledonia. Mr. Hum- 
 phreys did advise the crowd to go home and 
 mind their own business. They manifested 
 no violence toward me except in their talk, 
 and Mr. Humphreys remarked that there 
 was no danger unless they got to drinking. 
 1 do not remember that Humphreys said 
 in my hearing, that the people had got ex- 
 cited because some soldiers had shot at a 
 man. A small portion of the crowd were 
 on horseback. 1 thought Mr. Humphreys' 
 remarks were intended to stop them from 
 committing any violence until he told them 
 "not to sleep too soundly." When he 
 spoke about the President as a tyrant, he 
 was standing on a log, and the crowd were 
 close around him. H& dealt in about such 
 
 epithets as the Democratic speakers used 
 at that time. Mr. Humphreys was armed 
 with a revolver. I did not say that I could 
 indorse Mr. Humph eys' speech, except that 
 part where he advised them to go home. 
 I think Mr. Humphreys asked the crowd 
 to hear me ; it was when Mr. Price intro- 
 duced me to Mr. Humphreys, and then 
 he (Humphreys) told the crowd that I was 
 the son of Judge Cowgill, and that he was 
 a mighty good Democrat. I said I did not 
 want any credit on that account, as I dif- 
 fered with my father on political topics. 
 1 may have tried to make a speech to 
 them, for I asked them to select a subject 
 if they wanted to hear me. They selected 
 the ■ Conscription Bill. I then told them 
 that the first thing to be done was to have 
 an enrollment. They all swore that they 
 would not have one. At this point Mr. 
 Humphreys came up and made them keep 
 quiet. 
 
 In coming out from Sullivan, I met some 
 soldiers that day. They were marching back 
 toward Sullivan. There was probably fifty 
 or sixty of them. When I saw them they 
 were stopping, and were not marching either 
 way. The men in the crowd were armed, 
 some with squirrel rifles, some with shot 
 guns, and others with pistols and bowie 
 knives. 
 
 The meeting was in the woods, near the 
 little town of Caledonia. The country 
 about there is sparsely settled. I do not 
 know why the crowd assembled beyond what 
 they stated, that they were there to pro- 
 tect themselves, and vindicate their rights. 
 Mr. Ursey came to Sullivan and tried to 
 get me drunk. When I got him drunk, 
 he became very communicative, and told 
 me that Mr. Humphreys commanded the 
 cavalry and he the infantry. I do not know 
 that the crowd did any violence to any 
 body that day. While I was there, Mr. 
 Humphreys was evidently trying to keep 
 the crowd quiet, and he succeeded to a cer- 
 tain extent. I left before they dispersed. 
 T saw Mr. Humphreys' revolver, for he 
 happened to be in his shirt sleeves, and 
 was sitting down by a tree talking to me ; 
 his revolver was buckled on behind. He 
 did not say why he wore it, but remarked 
 that he was expecting to be arrested. 
 
 I remarked his asking me about the 
 news from Vicksburg, as to whether the 
 Government troops would take it ; he also 
 asked me what General Grant's daily losses 
 were. I said I could not tell. He then 
 commenced talking about himself, and 
 asked me whether 1 knew of any arrange- 
 ments being made to have him arrested. 1 
 said I did not. He did not say what he 
 expected to be arrested for; but I think 
 while we were in conversation, he remarked 
 that if I would go there by myself, he 
 would take care of me over night at his 
 house, and would go over the next mora- 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 143 
 
 ing to Indianapolis with me, as he did not 
 want any parade about it, if he was to be 
 arrested. 
 
 There were no flags in the crowd that I 
 saw, and each man wore his own citizen's 
 suit. 
 
 In answer to interrogatories put by tlie 
 Commission, the witness testified as follows : 
 
 I do not know that the enrolling officer 
 was shot and killed while in the perform- 
 ance of his duty. j\Iy knowledge of his 
 death came from Colonel Thompson. He 
 had two townships to enroll, and was killed 
 while working on the road, after having 
 nearly completed the first township. I got 
 his papers, and went down and finished 
 it myself; and got a man to attend to the 
 other. 
 
 EE-CROSS-EXAMINATION. 
 
 I have no personal knowledge of the 
 manner of his death; I speak from hear- 
 say. His death occurred about ten days 
 after the meeting referred to. 
 
 Dr J.VMES B. "SVn.sox, a witness for the 
 Government, was called to the stand, and, 
 being duly sworn by the Judge Advocate, 
 testified as follows : • 
 
 Question by the Judge Advocate: 
 
 Please state your name, and where you 
 reside. 
 
 Answer. James B. Wilson, Salem, Wash- 
 infrton county, Indiana. 
 
 Q. What is your profession, or business? 
 
 A. I am a farmer at this time. 
 
 Q. How long have you resided in Salem, 
 Indiana? 
 
 A. About fourteen j'ears next February. 
 
 Q. State whether you ever joined any 
 secret order or society known as tlie Amer- 
 ican Knights, or Sons of Liberty. 
 
 A. Yes, sir; I joined an order known as 
 the American Knights ; I think it was in 
 September or October, sometime in tlie fall 
 of 1S6.3. 
 
 Q. Where? 
 
 A. At Salem, at the office of Colonel 
 Ileffren. 
 
 Q. By whom were you initiated ? 
 
 A. By Jlr. Bailey. 
 
 Q. Who else were initiated at that time? 
 
 A. I do not think I can give the names 
 of all, but I can of some: Mr. Hefl'ren, Mr. 
 Harris, Mr. McCoskey, Mr. Cutshaw, Mr. 
 Garris, ^Iv. Green, Jlr. Fultz and Mr. Beck. 
 
 Q. What was the next meeting that you 
 attended after your initiation? 
 
 A. A meeting at this place. It was said to 
 be a meeting of the members of the order 
 in the State, and was composed of delegates 
 sent from the different county temples. 
 
 Q. Who presided at that meeting? 
 
 A. Mr. Dodd; I do not remember who 
 was in the chair at first. 
 
 Q. About what time in the day, and at 
 what date, did this meeting occur ? 
 
 A. I think about the 6th of November. 
 
 Q. Were any of the accused present? 
 
 A. , Dr. Bowles was present. 
 
 Q. What business was transacted at that 
 meeting? 
 
 A. There were some committees ap- 
 pointed; a Military Committee, a Commit- 
 tee on Education, and one committee in 
 reference to establishing a newspaper to 
 be considered the organ of the organiza- 
 tion. 
 
 Q. Who composed the Military Commit- 
 tee? 
 
 A. I can not tell; I thought, from the ac- 
 tions of Dr. Bowles, that he must be the 
 Chairman of that committee, as he made a 
 verbal report. 
 
 Q. Did Mr. Dodd make a speech ? 
 
 A. Yes, sir. 
 
 Q. Do you remember what that speech 
 was? 
 
 A. I remember something of it ; he spoke 
 about talking treason for awhile; it was to- 
 ward the close of the meeting. 
 
 Q. State about how he said that, and what 
 he was talking about at that time. 
 
 A. I can not give his language, because it 
 is so long ago, and I did not refer to it very 
 often. 1 can only give you the impression 
 it left upon my mind. He said that he would 
 "kick down the walls of common decency," 
 or some such expression, " and talk treason 
 for awhile." He said, " if the purposes of 
 this organization could not be carried out, 
 as explained by Mr. Wright, there were oth- 
 ers that could be resorted to ; they could 
 very easily, if their organization was fully 
 completed, take possession of the railroads, 
 cut the telegraph wires, and throw in at one 
 time troops enough at the capital to take 
 tlie State Government and have things our 
 own way." ^ 
 
 Q. About what time in the day did he 
 make this speech? 
 
 A. In the afternoon. 
 
 Q. Was Mr. Bowles present at that meet- 
 ing? 
 
 A. I think he was. 
 
 Q. Was Mr. Humphreys present ? 
 
 A. I did not know Mr. Humphreys then. 
 
 Q. Do you know if Mr. Bingham was 
 present at that time ? 
 
 A. I did not know Mr. Bingham at that 
 time. 
 
 Q. Wliat else was said, if any thing? 
 
 A. There was a great deal said. 
 
 Q. Was there any thing done or said in 
 reference to any membo" who might have 
 revealed any thing in regard to the order? 
 
 A. Not that I can call to my recollection. 
 I think there was something said on that 
 subject, but I can not now recollect it. 
 
 Q. Did you ever attend any other Grand 
 Council of the State ? 
 
 A. No, sir; I never did. 
 
 Q. Did you not attend a meeting of the 
 Council at Chicago, or of a committee ? 
 
 A. I did, sir; I understood from a gen- 
 
144 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 ' tleman who was present in the meeting, 
 that it was to be composed of the military 
 part of the organization ; and he had called 
 it at his own instance. 
 
 Q. From whom did you learn this? 
 
 A. Mr. Ban-ett said that it was to be com- 
 posed of the military men of the order. 
 
 (Jj. Did you ever establish any lodges, or 
 take any active part in the propagation of 
 this society? 
 
 A. Yes, sir, I did. 
 
 Q. To what extent? 
 
 A. I established lodges in three different 
 townships in Washington county. 
 
 Q. How extensive were these lodges in 
 the townships of your county ? 
 
 A. There were lodges in all townships in 
 jur county except two. 
 
 Q. Did you visit all these lodges ? 
 
 A. I think I did. 
 
 Q. When you visited these lodges, what 
 did you go for ? 
 
 A. For the purpose of giving them the 
 woA of the Neophyte or First Degree. 
 
 Q. Did you ever give them more than the 
 Neophyte degree, or the First or Vestibule 
 degree? 
 
 A. I think I assisted in giving the second 
 and third degrees to a couple of gentle- 
 men. 
 
 Q. To whom? 
 
 A. Captain Hamilton and B. F. Nichol- 
 son, of Washington county. 
 
 Q. Did you go for any thing else? 
 
 A. Yes, sir; for the purpose of giving 
 them instructions in the object of the order, 
 and give them information that I thought 
 wa& reliable. 
 
 Q. What information ^did you give them 
 at any time? 
 
 A. I gave them information about the 
 preparation in Illinois, which I received 
 from a gentleman named Wright, from 
 the State, and formerly from Washington 
 ooimty. 
 
 Q. What did he tell you ? 
 
 A. I learned from Mr. Wright that they 
 were ready for any movement; that they 
 had arms in their hands, generally, and 
 were ready for any emergency that the 
 order might contemplate, or wish to carry 
 out. 
 
 Q. Did he report to you how extensively 
 the organization was armed in Illinois ? 
 
 A. Yes, sir; he said they were generally 
 prepared. 
 
 Q. What were the preparations in Illi- 
 nois? 
 
 A. In the county where he resided, he 
 said almost the entire Democratic party. 
 
 Q. Did yo\i learn the extent of the order 
 in the State? 
 
 A. No, sir. 
 
 Q. State what you know in regard to the 
 arming and drilling, or the attempt to arm 
 and drill in your county, preceding your visit 
 to Chicago, Illinois. 
 
 A. I am not aware of any special efforts 
 made at arming, only as individual mem- 
 bers of the order armed themselves. I 
 know of a great many members of the 
 order buying pistols. 
 
 Q. Do you know of any attempts to 
 drill? 
 
 A. I understood that Mr. Hamilton had 
 a company, and that they had drilled. 
 
 Q. Now please tell the Court about your 
 visit to Chicago; and how you came to go 
 there? 
 
 A. I think I went there mostly at my 
 own suggestion; I was in bad health, and 
 thought a trip up there might be of service 
 to me, and suggested thajt if no one de- 
 sired to go there, I would go myseK; I 
 spoke to Mr. Heffren, Mr. Harris, and a 
 number of persons about it. 
 
 Q. Did any one accompany you ? 
 
 A. Mr. Green did. 
 
 Q. Is he a member of the order ? 
 
 A. Yes, sir. 
 
 Q. What time did you start to Chi- 
 cago? 
 
 A. I think about the 19th of July. 1864, 
 and arrived on the morning of the 20th, I 
 think. , ■ 
 
 Q. Where did you stop in Chicago ? 
 
 A. At the Tremont House. 
 
 Q. Whom did you see there from this 
 State? 
 
 A. I believe only Mr. Dodd and Dr. 
 Bowles. 
 
 Q. Give an account of where you went 
 and what you did while in Chicago? 
 
 A. I think we got in early in the morn- 
 ing of the 20th; and after taking breakfast 
 we went down to the Richmond House, 
 where Dr. Bowles said he stopped, and in- 
 quired for his room ; we _ were shown to it 
 by a servant of the house, but he happened 
 to be in an adjoining room. There seemed 
 to be a promiscuous conversation going on; 
 they talked about politics a little and on 
 sundry matters. After having listened for 
 some time, I think I asked if there was 
 not going to be a nieeting. Dr. Bowles re- 
 marked to me that there would be a meet- 
 ing, but they were not ready for it, as the 
 persons they expected had not arrived. 
 
 Q. Who were those persons? 
 
 A. Mr. Dodd, for one. 
 
 Q. Where did ho say Dodd was? 
 
 A. He said that he was gone to Niagara 
 Falls, or had started to go there ; but expect- 
 ed to get back in time for the meeting. Af- 
 ter remaining some time, we found there was 
 not to be a meeting until the next day. 
 The next morning we went back to Dr. 
 Bovvles' room, and learned that Judge Bul- 
 litt and Mr. Williams had arrived. When 
 we had remained a little while in Dr. 
 Bowles' room, these gentlemen came in, 
 and I am not sure but we went into another 
 room. 
 
 Q. Who was there? 
 
TKBASON TEIALS AT INDIANAPOLIS. 
 
 145 
 
 A. Judge Bullitt, Mr. Piper, Mr. Wil- 
 liams, and Mr. Barrett, I remember. 
 
 Q. What was said there? 
 
 A. The conversation was again of a pro- 
 miscuous character. After sitting a while, 
 some one suggested that perhaps we had 
 better hear why Mr. Barrett had called 
 the meeting. He said that he had called 
 for a military meeting, to be composed, as 
 he had expected, of the military men of 
 this organization, and that he had used his 
 best eftorts to get men of that character 
 to the meeting, but that he believed' he had 
 failed. He did not name wliom he ex- 
 pected. 
 
 He then stated that his object in calling 
 the meeting was, that he thoughttheGovern- 
 ment could be restored, and he was satis- 
 fied it could be if we could get the co-ope- 
 ration of the North with the South, or a 
 portion of thd. North, Ohio, Indiana, Illi- 
 nois, Missouri and Kentucky; he said if 
 the members of the Sons of Liberty in the 
 States would co-operate with the South, 
 he h,id no doubt the entire Grovernment 
 would be saved through their action. He 
 also said that it had been contemplated to 
 have an uprising at some time soon, per- 
 haps as early as the third of August, but 
 that had failed from some cause; and he 
 thought every thing could be got ready for 
 an uprising, perhaps, by the 10th or 15th of 
 the month, and that the South, in order to 
 show her willingness to engage in some 
 movement that would restore the Govern- 
 ment, had authorized him to place at the 
 disposal of members of the organization, a 
 large sum of money, amounting to two 
 millions of dollars. 
 
 Q. Did he say where the money came 
 from? 
 
 A. He said that it had been captured 
 from a United States Paymaster on Red 
 river, and that the organization could have 
 the use of that amount of money in pre- 
 paring themselves to rise against the Lin- 
 coln administration; that it would be dis- 
 tributed to the several Grand Commanders 
 of those States, and by them subdivided 
 among such persons inside of the order as 
 in their judgment was prudent, and to be 
 expended by those who received it for arms 
 and other appliances of war. And he fur- 
 ther stated, that in calling this meeting it 
 was done at his own suggestion; that this 
 money was to be used for the benefit of 
 the order, and that as he did not wish any 
 of the delegates there to be at any expense, 
 if we would make out our bills of expenses 
 in coming and while there, he would pay 
 us; and he did ; at least I got mine, forty 
 dollars. 
 
 Q. Where did he get this money from 7 
 
 A. I do not know; but I think he said it 
 was captured from a paymaster on Bed 
 river. 
 
 Q. And did he pay all their expenses? 
 10 
 
 A. I understood they would all receive 
 their expenses if they desired it. 
 
 Q. What else was said at that meet- 
 ing? 
 
 A. That was about the amount of what 
 was said ; I do not recollect that any one 
 discussed the matter, or offered any partic- 
 ular opinion at that time. 
 
 Q. Was any thing said about the destruc- 
 tion of Government property ? 
 
 A. Yes, sir; but not at that meeting; I 
 think it was on the afternoon of that day 
 or the next, I am not sure which, he stated, 
 in speaking of the money, that it had been 
 used for the purpose of paying for the de- 
 struction of United States property, ar- 
 senals, burning boats, etc. 
 
 Q. Did he say how this was to be paid? 
 
 A. He said they would pay ten per cent, 
 on property so destroyed, and were willing 
 to make an estimate upon the value as- 
 sessed by Government officers, that would 
 generally be announced through the North- 
 ern newspapers; that they would take the 
 Government estimate as a basis for calcula- 
 tion. 
 
 Q. Did he give any instance where Gov- 
 ernment property had been destroyed? 
 
 A. Yes, sir; the burning of some Gov- 
 ernment stores in Louisville, on Eighth 
 street, I believe; also the desh'uction of 
 some Government boats on the Ohio river, 
 and one, I believe, at St. Louis. 
 
 Q. And those persons were to receive ten 
 per cent., you say? 
 
 A. Yes, sir. 
 
 Q. Did he say what means were used to 
 destroy this property ? 
 
 A. I afterward learned from Dr. Bowles 
 that the means employed was Greelv fire. 
 
 Q. What else took place at that meeting 
 in Chicago? 
 
 A. There was an explanation made, I 
 afterward learned from Dr. Bowles more 
 particularly, in regard to a flag ; that the 
 members of the organization should be 
 careful to have instructions sent to their 
 friends that in case of an invasion by the 
 guerrillas, the members should make use 
 of a flag, made of white cloth, with a, red 
 ribbon running along the top and carried 
 down the sides and hanging below, like 
 streamers; this was to be tied to a stick. 
 
 The Commission then adjourned, to meet 
 on Tuesday, November 15, 1864, at y 
 o'clock, A. M. 
 
 CouET Boom, iNmANxroLiB, Indiana, > 
 November 16, 1864, o'clock, A. M. ) 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present. Also, the 
 Judge Advocate, the accused, (except W. 
 A. Bowles,) and their counsel. 
 
 The proceedings were read and approved. 
 
 The examination of Jam;B B. Wilson, a 
 
146 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 witness for the Government, was then re- 
 sumed as follows : 
 
 Question by the Judge Advocate: 
 
 Did you meet any persons who purported 
 to represent the Southern Confederacy at 
 theOhicago meeting, or convention, to which 
 you have referred? 
 
 Answer. Yes, sir. A man calling himself 
 by the name of Majors; and Mr. Barrret, 
 also, stated that he was authorized to repre- 
 sent the Southern Confederacy. 
 
 Q. You say that Mr. Barrett represented 
 himself as a representative of the Southern 
 Confederacy at that meeting ? 
 
 A. Yes, sir. 
 
 Q. Did any of those gentlemen profess to 
 represent any special States, or only the 
 Southern Confederacy generally ? 
 
 A. The Southern Confederacy generally. 
 
 Q. Did you learn who were the parties 
 that were expected there, but did not come? 
 
 A. I do not think I did. I think that 
 Mr. Amos Green, of Illinois, was mentioned 
 as being expected, and it was also expected 
 that Mr. Vallandigham would be there, but 
 they had learned prior to the meeting that 
 he would not be there, and had sent a 
 messenger to him. 
 
 Q. Who was that messenger? 
 
 A. I think it was Mr. Green, or Mr. Hol- 
 loway, or perhaps both. 
 
 Q. Did you learn whether they saw Mr. 
 Vallandigham ? 
 
 A. I do not think I did. 
 
 Q. Did you hear Mr. Dodd, or Mr. Hol- 
 loway, or any other person say in reierence 
 to this meeting, that they had had any con- 
 versation with Mr. Vallandigham ? 
 
 A. No, sir. 
 
 Q. where did Mr. Dodd come from? 
 where did he represent himself to have 
 been ? 
 
 A. At the Clifton House, near Niagara 
 Falls. 
 
 Q. For what purpose? 
 
 A. To meet with the commissioners, or 
 delegates, that were duly authorized by 
 the Southern Confederacy to meet at that 
 meeting. 
 
 Q. Who were they? 
 
 A. Holcomb, Clay, Saunders, and another, 
 whom I supposed was this Majors, Captain 
 Majors, as he was called. The way I re- 
 member this is, that something was said 
 about a safe conveyance being asked for by 
 Mr. Holcomb in his address to Mr. Greeley 
 for himself, Mr. Clay, Mr. Saunders, and 
 another ; this other man, I understood, was 
 Captain Majors. 
 
 Q, Is this Captain Majors the one you 
 spoke of as being at Chicago? 
 
 A. Yes, sir. 
 
 Q. Did you learn of any part that was to 
 be taken by the different leading men in 
 this contemplated uprising? If so, what? 
 Who, for instance, was to lead in this State, 
 who in Ohio, and who in Illinois 7 
 
 A. I do not think I heard that matter 
 definitely spoken of, except with regard to 
 our State, Indiana; I understood Dodd was 
 to be the leader in Indiana. 
 
 Q. Did you hear who was to take care of 
 Ohio? 
 
 A. I understood from some source that 
 Ohio was to be taken care of by Vallandig 
 ham. 
 
 Q. In what event? 
 
 A. In the event of a general uprising. 
 He had some forces athis disposal in Canada, 
 and would bring those forces into Ohio to 
 co-operate with other forces at , Cincinnati 
 and Louisville. 
 
 Q. From whom did you learn this ? 
 
 A. 1 can not be positive; my impression 
 is that I learned it from Dr. Bowles. 
 
 Q. At this meeting in Chicago you say, do 
 you not, that the expenses of the delegates 
 were paid by Barrett out of the two million 
 dollars that he had received from the South- 
 ern Confederacy? 
 
 A. I understood it was so. 
 
 Q. He paid your expenses, do you say ? 
 
 A. Yes, sir. I receipted him for mine 
 and Mr. Green's, which I forgot to mention 
 yesterday. 
 
 Q. Was that money to be returned or re- 
 paid in any way? 
 
 A. No, sir; not that I understood. 
 
 Q. On what day did you start back from 
 Chicago? 
 
 A. I can not be positive as to the day; 
 but I think we were there two days. 
 
 Q. Have you named to the Court all the 
 persons that were at that meeting when 
 Barrett made that proposition ? 
 
 A. I can not say, but I will state now those 
 that I can remember: Mr. Barrett, Dr. 
 Bowles, Mr. Williams and Judge Bullitt, 
 both from Kentucky; and Mr. Piper was 
 there. 
 
 Q. Where was he from ? 
 
 A. I can not say. 
 
 Q. Did he profess to hold any position in 
 the order? 
 
 A. I understood from Dr. Bowles that he 
 was a kind of general missionary. 
 
 Q. What does that mean? 
 
 A. A man that was going about diffusing 
 a knowledge of the order. 
 
 Q. And carrying light into dark places? 
 
 A, Yes, sir. 
 
 Q. Who else was there? 
 
 A. Mr. Majors, Mr. Swem. 
 
 Q. Who is Mr. Swem ? 
 
 A. A citizen of Chicago. Mr. Walsh, also 
 a citizen of Chicago, was present, and Mr. 
 Holloway, Mr. Dodd, Mr. Green and my- 
 self 
 
 Q. You say that Mr. Barrett announced 
 this as a meeting of the military heads of 
 the order; will you state how you happened 
 to be present? 
 
 A. I knew nothing of the character of the 
 meeting, but Dr. Bowles afterward told mc 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 147 
 
 tiat he had reported me as one of his staff 
 officers, and also Mr. Green. 
 
 Q. In what capacity ? 
 
 A. He did not state. 
 
 Q. Then he reported you simply on his 
 staff, and you gained access in that way ? 
 
 A. Yes, sir. 
 
 Q. Was Dodd considered the military 
 head of the order ? 
 
 A. He was to be so considered in this 
 State, I understood. 
 
 Q. What position did Bullitt and Barrett 
 hold, militarily? 
 
 A. I did not learn. 
 
 Q. You did not learn the position of any 
 of these nien then, except that they were 
 military chiefs ? 
 
 A. I did not. 
 
 Q. You started back, did you, about July 
 23d, 1864 ? 
 
 A. I think I did. 
 
 Q. Was any thing resolved upon at that 
 meeting? 
 
 A. Not that I know of; the discussion was 
 not of a definite character in my presence. 
 
 Q. Did they hold any meetings when you 
 were not present ? 
 
 A. I suspect they did. 
 
 Q. What made y ou suspect that ? 
 
 A. Because I saw other men that I did 
 not know, and to whom I was not intro- 
 duced, in another room, having close con- 
 versation. 
 
 Q. Did you learn if Vallandigham was 
 expected? 
 
 A. Judge Bullitt said so. 
 
 Q. Did you understand that any one had 
 come from Canada ? 
 
 A. I understood that Mr. Green and Mr. 
 HoUoway had been to see Vallandigham, 
 and that Mr. Dodd had been to Canada to 
 see the Commissioners. 
 
 Q. Who came back with you? 
 
 A. Mr. Green, my lady and Dr. Bowles 
 were on the same train. 
 
 Q. Did you have any conversation with 
 Dr. Bowles after you returned? 
 
 A. Yes, sir. 
 
 Q. Did you learn of any thing that was 
 to be done, or contemplated to be done ? 
 
 A. I understood that Mr. Dodd had 
 abandoned the project, and that he had 
 sent his son to say that he would drop it. 
 
 Q. At what time didyou learn that? 
 
 A. My best recollection is, that it was 
 about two weeks after my return, near the 
 7th of August. 
 
 Q. Did you learn why the project had 
 been abandoned? 
 
 A. Not definitely. 
 
 Q. Do you know whether any communi- 
 cation was attempted to be had, or was had, 
 with any rebel forces, commissioners, or 
 messengers ? 
 
 A. No, sir, I do not; I heard it spoken of 
 
 Q. By whom? 
 
 A. It was spoken of at the Chicago meet- 
 
 ing; I think Dr. Bowles said messengers 
 were sent to the rebels. 
 
 Q. Where were they sent ? 
 
 A. I do not know, sir ; I think they were 
 sent into Kentuclcy and Missouri. 
 
 Q. Do you know with whom communica- 
 tion was attempted to be made ? 
 
 A. I inferred it was to be with Price 
 and Buckner, because they were to be 
 the co-operating forces in case of an upris- 
 ing. 
 
 Q. Will you give to this Court, to the best 
 of your knowledge, how this uprising was 
 to take place, where the rendezvous was to 
 be, and under what circumstances? 
 
 A. It was to take place by the order of 
 Mr. Dodd; he was to send out couriers to 
 the different commanders of the several 
 districts of the State, the major generals of 
 the four districts into which the State was 
 divided ; and they were to send out cour- 
 iers into the respective counties composing 
 their several districts, who were to give 
 notice of the uprising in their counties, and 
 then it was expected that tliat information 
 would be conveyed to certain persons in 
 each count}' that had been prominent and 
 leading men of the organization, wlio were 
 to see that it was conveyed to the different 
 townships in the county. The general sig- 
 nal for the uprising was to be the appear- 
 ance of guerrillas or troops in the vicinity 
 of St. Louis and Louisville. It might liave 
 been on the 16th August, or a few days 
 later; or, if these couriers got through in 
 time, and the Southern forces were to get 
 the information, they might appear sooner 
 than the 16th. 
 
 Q. To whom were the couriers to go ? 
 
 A. To Generals Buckner and Price. 
 
 Q. Were these couriers to return, and 
 then the uprising to talte place ? 
 
 A. There was nothing said about their 
 returning; the appearance of the troops 
 was to be the signal. 
 
 Q. Where were the troops to rendezvous? 
 
 A. The forces of Southern Indiana were 
 to be rendezvoused at a place some eight or 
 ten miles from New Albany. 
 
 Q. Under whom ? 
 
 A. It was expected they would be under 
 Dr. Bowles. 
 
 Q. Where were the forces in this part of 
 the State to rendezvous ? 
 
 A. I did not learn that. 
 
 Q. And the forces in Illinois ? 
 
 A. At several points; in the neighborhood 
 of Rock Islahd, Springfield, Chicago, and 
 some other points, perhaps. 
 
 Q. Did you learn who was to be the 
 leader in that State? 
 
 A. No, sir. 
 
 Q. Did you learn where the rendezvous 
 was to take place in Missouri? 
 
 A. I understood that after they had com- 
 pleted the seizure of the arsenals in Illi- 
 nois, they were to march to St. Louis, to co- 
 
148 
 
 TKEASON TRIALS AT INDIANAPOLIS. 
 
 operate with Price's forces in the taking of 
 that place. 
 
 Q. Did you learn what they were to do 
 after the rendezvousing at the diflferent 
 points in this State? 
 
 A. There was nothing said about it in 
 Chicago, but I learned that what was to be 
 done in Indiana, was to be under the su- 
 pervision of Mr. Dodd. 
 
 Q. What was that? 
 
 A. I did not understand what persons 
 were to lead them in particular, hut they 
 were to be concentrated at Indianapolis, 
 and perhaps at Terre Haute, New Albany, 
 and Jefferson ville; perhaps Evansville was 
 named, I am not positive. The capture of 
 the State Capitol at Indianapolis was left, 
 as I understood, to the special supervision 
 of Mr. Dodd, and he was to do it by getting 
 up public meetings. There was to be an 
 ordinary political meeting called, at Indian- 
 apolis, as well as I could understand, east 
 of the city, at some place of resort for Sab- 
 bath school picnics, where water was con- 
 venient; as I understood, at some fashion- 
 able place for public meetings. I do not 
 know whether there is such a place or not. 
 It seemed, as well as I could learn, that 
 there were three places- in an easterly di- 
 rection, perhaps from Camp Morton; I may 
 have misunderstood it, but I give my best 
 recollections of it. The three points were 
 east of Camp Morton. One meeting would, 
 perhaps, be a Sabbath school meeting ; an- 
 other a political meeting; and the third, 
 perhaps, a political meeting — or something 
 of that kind; those of the order who as- 
 sisted at the meeting, and those who were 
 members of the organization, would come 
 to these meetings in v/agons, bringing their 
 families; as a general thing, they would 
 have arms, secreted in the wagons under 
 straw or hay. After arriving at the differ- 
 ent points, some one would propose, to be 
 in the fashion, that they drill, and they 
 were to come out and drill. 
 
 Q. Were they to drill with or without 
 arms? 
 
 A. Without arms. The object of the drill 
 was, that each individual who was to take 
 part in the affairs of the day, would under- 
 stand where his place was, what was his 
 duty, and what was expected of him. At 
 the time of day when the soldiers came on 
 dress parade, at some place east of the 
 camp ground, some one at the camp would 
 throw up a signal, which would be seen 
 from these meeting places; when the signal 
 was seen, those who understood what they 
 had met there for, would at once seize their 
 arms and march immediately in the direc- 
 tion of Camp Morton. At the time they 
 were thus marching, the fences and build- 
 ings of Camp Morton were to be fired. It 
 was understood that the released rebel pris- 
 oners would participate in the affair, and 
 that these rebel soldiers could come up in 
 
 the rear, and that the Federal soldiers, find- 
 ing themselves surrounded, would be easily 
 overcome. The rebel prisoners would be 
 armed with the soldiers' arms, and the sol- 
 diers would be held as prisoners of war. 
 At the time this was going on — the work 
 of freeing prisoners and the capturing these 
 soldiers — a detail of persons was to be sent 
 to take care of the Governor, and secure 
 him; in some way take care of him; and 
 then the arsenals at this place were to be 
 seized, and a better quality of arms pro- 
 cured; those that went on with this expedi- 
 tion were to be as fully armed from the arse- 
 nal as was necessary. They were also to 
 take such munitions of war as they thought 
 proper with them. They were then to seize 
 the railroad to Jeffersonville, and make use 
 of the oars for the transportation of troops 
 and the rebel prisoners; they were then to 
 go on and complete the same work at Jef- 
 fersonville and New Albany, and also to co- 
 operate in the capture of Louisville. 
 
 Q. That was the general scheme, was 
 it? 
 
 A. Yes, sir; a great deal of the minutia I 
 may have forgotten; that is my general 
 impression. 
 
 Q, How extensively was this plan made 
 known to the members of the order ? 
 
 A. It was made known to all the mem- 
 bers of the order in my county. 
 
 Q. Can you state how extensively in any 
 other county? 
 
 A. No, sir. 
 
 Q. What county do you reside in ? 
 
 A. In Washington county? 
 
 Q. Does Mr. Kerr live in your county? 
 
 A. No, sir. 
 
 Q. What promin ent m en was that scheme 
 made known to in your county? 
 
 A.\ To all the members of the organizsk- 
 tion. 
 
 Q. How many does the order number 
 in your county ? 
 
 A. I can not say ; I think above a thou- 
 sand men. 
 
 Q. Was Mr. Heffren present at the No- 
 vember meeting of the Grand Council in 
 Indianapolis, that you referred to yester- 
 day ? 
 
 A. No, sir. 
 
 Q. Was Mr. Milligan? 
 
 A.- I did not know him at that time. 
 
 Q. Was Dr. Bowles present ? 
 
 A. Yes, sir. 
 
 Q. Do you know Dr. Athon and Mr. Ris- 
 tine, of this city? 
 
 A. Yes, sir; I know Dr. Athon. 
 
 Q. Was either present at that meeting ? 
 
 A. I do not think they were, sir. 
 
 Q. Were you ever furnished any money 
 for the purchase of arms for this order? 
 If so, by whom, and what amount ? 
 
 A. I was furnished with a thousand dol- 
 lars by Dr. Bowles, for the purchase of 
 arms for those of the order who were un 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 149 
 
 derstood to be unab.e to procure arms 
 themselves. 
 
 Q. Were they to be distributed to any 
 particular class, or only to members of the 
 order? 
 
 A. It was understood that they were tq 
 be distributed to those who were unable to 
 arm themselves. 
 
 Q. Did you make any attempt to pur- 
 chase any arms with that thousand dol- 
 lars? 
 
 A. I went to see Mr. Kent, at New Al- 
 bany, about the purchase of the arms. 
 
 Q. What did you do with this money ? 
 
 A. I gave it out to men to furnish sub- 
 stitutes with. 
 
 Q. You loaned it, did you not? 
 
 A. No, sir; I took no note of it; it was 
 only an accommodation loan to personal 
 friends, to men whom I could trust, and 
 from whom I could get it any time I 
 needed. 
 
 Q. Then this money was diverted from 
 the channel for which it was originally in- 
 tended, was it not ? 
 
 A. Yes, sir. 
 
 CBOSS-EXAMIltATION. 
 
 Dr. Bowles told me that he obtained my 
 admission to the meeting at Chicago, by 
 representing me as a, member of his staff; 
 that is not true, however; I hold no posi- 
 tion in the order. I did not see Milligan, 
 Humphreys or Horsey at the Chicago meet- 
 ing ; nor did I get any information of the 
 contemplated uprising from either of the 
 accused, save Dr. Bowles. I never spoke to 
 Mr. Horsey in my life ; Mr. Humphreys I 
 have seen but once, having passed the com- 
 pliments of the day with him at the Chi- 
 cago Convention; with Mr. Milligan I 
 became acquainted at the State Con- 
 vention here in July. From what I saw 
 during the Chicago meeting, I was led to 
 think that there was a meeting inside of 
 the one I was permitted to witness. There 
 were many schemes proposed for carrying 
 out the uprising, the release of prisoners, 
 etc., but the one I have given in my direct 
 testimony was that which was deemed 
 most plausible, and most likely to be 
 adopted; but I do not know that it was 
 resolved upon. 
 
 The thousand dollars I received from Dr. 
 Bowles for the purchase of arms, he gave 
 me to understand, was from his private 
 funds; and what he said impressed me 
 with that idea. 
 
 I have been under arrest; but no induce- 
 ment or promise of favor has been held out 
 to me by the authorities to 'induce me to 
 testify against the defendants in this case; 
 neither has promise of immunity from 
 punishment been held out to me, as an 
 inducement to testify; nor has any one 
 visited me while in confinement to ascer- 
 tain what I could testify to. Not until 
 
 12 6' clock yesterday, did I know that I 
 should be required as a witness ; the guard 
 then informed me that I was required in 
 the court room. 
 
 Q. Did you tell any one after you were 
 arrested, and before you were called upon, 
 what your testimony would be? 
 
 Question objected to by the Judge Ad- 
 vocate, and withdrawn. 
 
 KE-EXAMINATION. 
 
 It was distinctly stated to me before tes- 
 tifying, that the Government authorities 
 would make me no pledges, nor did any 
 Government official make any threats to 
 me. The only position I held in the order 
 was that of Ancient Brother in our County 
 Temple. Dr. Bowles told me that he 
 would appoint me to the position of 
 Adjutant General on his staff, if I desired 
 it; but I told him I did not wish it, as 
 I had no knowledge of military mat- 
 ters. I and Mr. Heffren had some talk 
 about it. The organization, which T after- 
 ward understood to be the Sons of Liberty, 
 was in session in Chicago at the time of 
 the Democratic Convention, when General 
 McClellan was nominated. The meeting 
 was at the Richmond House; Mr. Dodd 
 was there. I was there, but not as a dele- 
 gate; there were no persons there to repre- 
 sent the South, or from Canada, to my 
 knowledge. Mr. Moss, from Missouri, was 
 there, and distinguished himself in the 
 meeting; Mr. Green, from Illinois, wa« 
 there; and a Mr. Jackson, I believe — a 
 large man — from Ohio; and also Mr. Val- 
 landigham, who acted as Chairman of the 
 meeting of the Sons of Liberty. I was 
 present at only a portion of each meeting. 
 When I first went, Mr. Moss was speaking 
 An introductory speech was made by Mr. 
 Vallandigham, as Chairman. He spoke in 
 reference to the divided condition of the 
 Democratic party; he said that until very 
 recently he had thought that the Chicago 
 Convention would result very much as the 
 Charleston Convention did; that is, that it 
 would break up; but since he had come to 
 Chicago, and had seen persons from all parts 
 of the country, he had changed his opinion 
 on that subject; he had found a wonderful 
 unanimity of feeling, and oneness of idea, 
 and he believed the party could be made 
 more united and more efficient than it had 
 been for years; and he did not doubt we 
 would be able, through his and others' in- 
 strumentality, to secure a proper platform 
 for the party to stand upon. Vallandig- 
 ham acted as Chairman until the close of 
 the meeting, and adjourned it to the next 
 day, when he presided again. The meeting 
 was held at the Richmond House; I thinlc 
 the rooms were Nos. 94, 96, 98, and 100, in 
 the fifth story; there were folding-doors by 
 whicli the rooms communicated; and prob- 
 ably from one hundred and fifty to two 
 
150 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 hundred were present. Dodd was there, and I 
 think Mr. Barrett I did not see Judge Bul- 
 litt, or Mr. Piper, or Captain Majors. I saw 
 Mr. Swem in Chicago, but not at the meeting. 
 Mr. VallandJgham presided at the raeeting 
 by a vote. 1 did not know but that the 
 caeetings were open, for no one was present 
 at the doors, and no password was required 
 that I know of, nor did I know that all pres- 
 ent were members. Mr. Moss, in his re- 
 marks, gave a history of the condition of 
 Missouri; how tlie citizens there were ex- 
 posed to both rebel and Union troops; that 
 some really good Union men, and others 
 really rebels, were sufl'ering great indignities 
 at the hands of the troops. First the rebels 
 would come along and rob them of their 
 pork and crops; then the Union troops 
 came and took the negroes; that if this 
 organization was worth any thing, if it was 
 intended to be efficient in the restoration 
 of the Government under the Constitution, 
 now was the time to strike; that these 
 indignities were unbearable; and if they 
 bad true American blood in them they 
 would not bear it any longer, but strike at 
 once. 
 
 No practical remedy was proposed to 
 meet the emergency. The first meeting 
 was held on Sunday evening, the second on 
 Monday. On the Monday evening going to 
 the Richmond House, somewhat Ijefore the 
 meeting, I met John Singleton and Mr, 
 Barrett, of Missouri. They were endeavor- 
 ing, so I understood, to arrange for the bursts 
 ing up of the Convention, in case it dis- 
 owned the order. In that event they would 
 make a public demonstration of the order, 
 and proposed to nominate some candidates 
 other than that nominated by the Conven- 
 tion. John Singleton had a great many 
 mottoes for transparencies made, some of 
 which he read. They were patriotic, and 
 not connected with any secret conspiracy; 
 some of them were mottoes from the 
 speeches and writings of Douglas, Jackson, 
 Jefferson and Washington; but they were 
 phrases which seemed to suit the circum- 
 stances of the times. At this second meet- 
 ing Vallandigham presided, and made some 
 remarks similar to those he made at the 
 first meeting. He drew out of his pocket a 
 platform, substantially the same as that 
 adopted at the Chicago Convention, which, 
 he said, he had presented to most of the dele- 
 gates, and to members from each of the 
 States, and that it had met with universal 
 approval. If he could get that platform as 
 the platform of the party, he should be wil- 
 ling to take McClellan as the Presidential 
 candidate. He said he would be willing to 
 take any man as a candidate if the platform 
 was only right. He announced his convic- 
 tion that, by the adoption of this platform, 
 the organization would merge its action 
 with that of the Democratic party. Single- 
 ton's proposition was not adopted, in conse- 
 
 quence of the Democratic party being 
 united. This meeting of the organization 
 in Chicago, at which Barrett made his prop- 
 osition for an uprising, was on the 20th of 
 July; the second meeting was on the 29th 
 of August Barrett, who was present at the 
 meeting, at which Vallandigham presided, 
 made no objection to the course of the pro- 
 ceedings on that occasion. Mr. Dodd was 
 present at the July meeting. The speeches 
 made at the meeting at which Vallandig- 
 ham presided, I thought, were addressed to 
 those who were members of the order. Mr. 
 Green, of Illinois, made a speech at the 
 meeting. I have no recollection that the 
 strength of the order was mentioned by any 
 present who seemed to know; but one per-' 
 son said it had about five hundred thousand 
 members. The organization was referred 
 to by Mr. Moss, and others, as a distinctive 
 organization then existing. Mr. Vallandig- 
 ham presided when these statements were 
 made. 
 
 BE-CKOSS-EXAMINATION. 
 
 I did not understand that this meeting 
 was a mere caucus of the friends of Mi. 
 Vallandigham, to consider- matters that 
 would probably come up at the Convention. 
 Thegentlemen who were presentat Chicago, 
 representing the Sons of Liberty, were 
 unanimously opposed to the nomination of 
 General McClellan. The Mr. Barrett, of 
 whom 1 have spoken, is from Missouri. He 
 stated to me that early in this war, Mr. 
 Douglas had suggested to him the propriety 
 of getting up a regiment, and going on the 
 Plains to hold in check marauding bands 
 which might congregate there, in the terri- 
 tory; that he had got up a regiment, and 
 went down to the neighborhood of Pilot 
 Knob, Missouri. Mr. Douglas had promised 
 to get some order for him, but failing to do 
 this he had resigned. Since then he had 
 been engaged in sending persons across the 
 lines to the Southern Confederacy. I think 
 before the war, he was a resident of Illinois, 
 and since raising the regiment he has 
 made claim to Missouri as his State. 
 
 W. S. Bush, a witness for the Government, 
 was then introduced, and duly sworn by the 
 Judge Advocate. 
 
 The Judge Advocate proposed to intro- 
 duce a speech, as reported by the witness, 
 and printed in the Cincinnati Gazette, of 
 August 16, 1864, which was made by the 
 accused, L. P. Milligan. Some parts of the 
 report were verbatim, and othersa condensed 
 report ; and he proposed to examine the wit- 
 ness in reference to its correctness. 
 
 The accused objected to its introduction 
 as incompetent, and claimed that a witness 
 must first state his recollection of a speech, 
 or conversation, and might refresh his 
 memory by any memorandum made at the 
 time; but that report could not be used as 
 evidence. It was not competent to intro- 
 
TEBASON TRIALS AT INDIANAPOLIS. 
 
 151 
 
 duce a report which was only partially ver- 
 batim, in which the omissions might give 
 a different construction to what was said, 
 and to ask the witness to define what was 
 verbatim, and what was not 
 
 The Judge Advocate replied : 
 
 It seems to me that it is a well established 
 rule that a printed report of a speech, pub- 
 lished in a public journal at the time it was 
 made, the reporter being present to state 
 whether the report of the speech is or is 
 not correct, can always be introduced in 
 evidence. I recollect a somewhat similar 
 question occurred in the trial of Captain 
 Hurtt, at Cincinnati, which was strongly 
 argued by his able counsel, f. D. Lincoln 
 and Colonel Jackson. 1 had introduced, 
 on the part of the Government, private 
 letters which had been written by him, 
 containing disloyal sentiments, or senti- 
 ments tending to injure the Government; 
 and, to rebut the force of those letters, his 
 counsel proposed to introduce articles writ- 
 ten by him and printed in the Ohio State 
 Journal, of which he was one of the editors, 
 showing that he had labored, by his speeches 
 and in the leading articles of his paper, to 
 advocate the general cause of the Govern- 
 ment. We were unable to keep that evi- 
 dence out, although we contested it with as 
 much force as we were able. During this 
 trial we have introduced an address of H. 
 H. Dodd, in printed form, which was de- 
 livered as a speech to the order at one of 
 their meetings in February, and no objec- 
 tion was made by the accused or their coun- 
 sel. 
 
 The counsel for the accused replied : 
 
 The address of Mr. Dodd was published 
 as a correct official report of his speech, 
 while the correctness of the report of Mr. 
 Milligan's speech is not yet proven. 
 
 The Judge Advocate continued : 
 
 The gentlemen now make the issue on 
 the correctness of the report, and not on 
 the right to introduce the report of that 
 speech. I allow the whole force of his ar- 
 gument to the effect that it is not compe- 
 tent to introduce it as a correct report 
 Now, then, I propose to show that the speech, 
 as reported in that paper, is a correct re- 
 port, and to prove its correctness by the man 
 who reported it 
 
 It may, perhaps, be said that it would 
 be better to introduce the original itself 
 It is a rule that the highest grade of testi- 
 mony shall be introduced which it is pos- 
 sible to obtain, or which the case in its 
 nature is susceptible of; but when the 
 original notes can not be produced, is it not 
 better to go to the printed report of the 
 speech than to trust to the uncertain mem- 
 ory of any witness? 
 
 The President of the Commission said 
 the document referred to as the address of 
 the Grand Commander to the Grand Coun- 
 cil, came to us in the shape of an official 
 
 document, in the minutes of the order. 
 This report purports to be a speech made 
 by one of the accused, and published in 
 the newspapers of the country, and only 
 when its identity is proven is it compe- 
 tent in evidence. 
 
 The Judge Advocate replied: 
 
 One is a speech made in an official capa- 
 city, and the other is simply an ordinary 
 speech to the masses. We can introduce 
 the admissions and speeches of a man, made 
 upon any and all occasions as against him- 
 self, if necessary. I propose to introduce it, if 
 for no other pui'pose than to show that while 
 thfe accused was a member of this order, 
 knowing its intents and purposes, and 
 while this order was being agitated with 
 plans for tlie release of rebel prisoners, 
 marching upon Indianapolis, Louisville, New 
 Albany and other places, and attempting to 
 overturn the Government, the accused was 
 abroad through the land addressing bodies 
 of men, and making incendiary speeches 
 certain to have the effect of arousing 
 their passions, and inciting to insurrec 
 tion. 
 
 The counsel for the accused said : 
 
 The address comes in the character of 
 an official document, while the other is 
 that of a reported speech. The charac- 
 ter of these two seems very different. 
 
 The Judge Advocate replied : 
 
 I introduce the first document not as 
 an official document, in and of- itself. We 
 first had the testimony of Mr. Harrison as 
 to whether it was a correct copy of Mr. 
 Dodd's speech, and' whether Mr. Dodd de- 
 livered it at that time. It was only because 
 it was a correct copy that we were entitled 
 to introduce it. 
 
 I desire to introduce that paper itself, 
 and to submit to the Commission the report 
 of the speech, as a correct report of the 
 speech, and the very words used by the ac- 
 cused. 
 
 The court room was then cleared for de- 
 liberating. 
 
 On the opening of the Court, the Judge 
 Advocate announced to the accused that 
 the Court had decided that the objection 
 was premature at the present stage of the 
 examination of the witness, and the objec- 
 tion was overruled. 
 
 The witness, in reply to the questions of 
 the Judge Advocate, testified as follows : 
 
 You may state whether you were present 
 at a convention at Fort Wayne, Indiana, 
 on the 13 th of August, and if so, whether 
 or not you reported any speeches made at 
 that time ? 
 
 Answer. I was present at that meeting 
 and made a full report of Mr. Milligan's 
 speech, and partial reports of the speeches 
 of A. M. Jackson, of Ohio, and C. W. Beeves, 
 of Plymouth, Marshall county. 
 
 Q. What was your occupation at that 
 time? 
 
152 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 A, I was reporting for the Cincinnati Ga- 
 zette the speeches made at political meet- 
 ings of both parties in Indiana. 
 
 Q. Did you at that time make a report 
 of Mr. Milligan's speech? 
 
 A. I did ; Mr. MiUigan's speech was made 
 on Saturday. I wrote my report on Sun- 
 day in part or in whole, and returned to 
 Cincinnati Monday morning. 
 
 Q. Did you take short hand notes of that 
 speech at the time it was delivered? 
 
 A. 1 did, sir. 
 
 Q. How large an audience was present ? 
 
 A. I estimated it at five thousand persons. 
 
 Q. Have you looked at your notes or at 
 the report in- the paper, to refresh your 
 memory 7 
 
 A. My notes were destroyed at the time 
 the report was made. , 1 have seen the re- 
 port since, but have not carefully examined 
 jl to refresh my memory. 
 
 Q. Do you now recollect the main points 
 of that speech ? 
 
 A. I do, sir. 
 
 Q. State to the Court what was said by 
 Mr. Milligan on the state of the country, 
 \^hether it was prosperous or otherwise ? 
 
 A. He referred to the country as desola- 
 ted by this war, and the oppressions of the 
 Administration. That was the general 
 tenor of his remarks on that point. 
 
 Q. What did he state in reference to 
 the freedom of the press and of speech ? 
 
 A. He spoke of the freedom of speech 
 allowed as simply that granted by a Lin- 
 coln mob — as a freedom in name rather 
 than in fact. 
 
 Q. What ^id he say in reference to the 
 draft or conscription? 
 
 A. Prior to Mr. MiUigan's speech, a series 
 of resolutions was adopted as the platform of 
 the Democracy of that Congressional dis- 
 trict and of adjoining districts. The audi- 
 ence were expecting to hear from him in 
 reference to the draft. He stated, if the 
 war was right, the draft was right, and if 
 they considered the war right, and were 
 good citizens, they would not grumble 
 about the draft. 
 
 Q. What else did he say about the right- 
 fulness of the war? 
 
 A. He denied that the war was right, 
 and proceeded to argue, that under the 
 Constitution the President had no power to 
 coerce a State, and asked if those entered 
 the army would look in the future for 
 their laurels to such battles as Bull Kun, 
 Chicamauga, and Bed river. He also ap- 
 pealed to them to consider the condition 
 of their wives and children at home, des- 
 titute and dependent on the charity of 
 their neighbors, if they entered the army, 
 and asked whether they considered it a 
 duty to make such a sacrifice. 
 
 Q. State to the Court what he said about 
 the powers that be ; whether they were eX' 
 isting by rightful authority or otherwise ? 
 
 A. I do not recollect his exact words, but 
 the tenor of his remarks were that the 
 Administration had usurped power. 
 
 Q. What did he say about the President 
 of the United States ? 
 
 A. He spoke of him as a tyrant, and an 
 usurper, I think. 
 
 Q. What did he say in reference to the 
 arrests of disloyal persons by the Govern- 
 ment? 
 
 A. I do not remember distinctly the 
 words he used. 
 
 Q. Did he denounce arbitrary arrests ? 
 
 A. I think he did. 
 
 Q. What did he say about this war being 
 inaugurated* for the restoration of the 
 Union, and its power to act in that di- 
 rection ? 
 
 A. He held that the war itself was dis- 
 union, and that the Union could not be re- 
 stored by war. 
 
 Q. How did he treat this Government, as 
 a unit or otherwise ? 
 
 A. He spoke of the Government as a 
 confederation of the several States, rather 
 than a unity. 
 
 Q. What efltect did he state the war had 
 produced? 
 
 A. That it had made the Government a 
 despotism. 
 
 Q. How did you understand him to speak 
 of the Government at that time, as a Gov- 
 ernment of all the States, or only of the 
 States which were left in the Union? 
 
 A. I understood him to refer to what were 
 left. 
 
 Q. What did he say as to whether the 
 Government was still divided or existing as 
 a unit? 
 
 A. He treated the war itself as a dissolu- 
 tion of the Government. 
 
 Q. Did he make that statement? 
 
 A. I think he did. 
 
 Q. Give to the Court his words as near as 
 you can recollect. 
 
 A. I have not referred to the report lately 
 for the purpose of refreshing my memory, 
 and can not state positively what he said. 
 
 Q. What did he state as to the right of 
 the Government of the United States to 
 make war upon rebels, or those in rebellion 
 against the General Government? 
 
 A. He denied the right. 
 
 Q. Did he state any thing to the audience 
 in reference to the number of men who had 
 been destroyed in this war, and the amount 
 of treasure expended ? 
 
 A. I think he stated that two millions of 
 men had lost their lives during the war. I do 
 not remember exactly what he said in ref- 
 erence to the amount of treasure expended, 
 but I believe he referred to it. 
 
 Q. What did he state about the prospect* 
 of the war after that expenditure, as regards 
 the two contending forces? 
 
 A. He spoke of the Confederate Govern- 
 ment as successful, as holding its own ; and 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 153 
 
 that the future prosecution of the war would 
 only tend to gi-eater losses to the United 
 States Government. 
 
 _ Q. I will ask you now this general ques- 
 tion, whether his speech at that time was 
 loyal, and in favor of the Government, or 
 whether it was disloyal, and against it? 
 
 Question objected to by the counsel for the 
 accused. 
 
 The Judge Advocate stated that he could 
 produce ample authority in favor of the com- 
 petency of the question. 
 
 The Commission then adjourned to Wed- 
 nesday, November 16, at 10 o'clock, A. M. 
 
 Court Kooh, iNDiANApoLia, Indiana, ") 
 Kovember 16, 1864, 10 o'clock, A. M. / 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present. Also, the 
 Judge Advocate, the accused, (except W, 
 A. Bowles,) and their counsel. 
 
 The proceedings were read and approved. 
 
 The Judge Advocate then submitted the 
 following in favor of the competency of the 
 question objected to yesterday, by the ac- 
 cused : 
 
 When the last witness was upon the 
 stand, the accused objected that it was not 
 competent evidencfe for the witness to state 
 whether the general tenor of Mr. Milligan's 
 gpeech was loyal, or disloyal. 
 
 My duties have given me but little time 
 to search for authorities on the point at 
 issue, and I have not been able to find a 
 large number of decisions applicable to the 
 issue made by the accused. I remember 
 very distinctly, in the commencement of 
 this trial, investigating the general prin- 
 ciple of conspiracy, and found the proposi- 
 tion broadly stated, in bo many words, that 
 you could ask a witness who heard a speech 
 made by a conspirator to an audience, of 
 which the witness was part, whether the 
 general purport and tenor of the speech was 
 against the Government or for it. 
 
 I read first a paragraph not so applicable 
 as others to the question at issue, but for 
 the purpose of bringing to the mind of the 
 Court the class of evidence that may be in- 
 troduced in trials of this character, I read 
 from Eoscoe's Criminal Evidence, page 87: 
 
 "Not only are the acts, and the written 
 leliers and papers, of one of several persons 
 engaged in the same conspiracy, evidence 
 against the others, if done or written in fur- 
 therance of the common purpose, but his 
 verbal declarations are equally admissible 
 under similar restrictions. Any declarations 
 made by one of the party in pursuance of 
 the common object of the conspiracy, are 
 evidence against the rest of the party, who 
 are as much responsible for all that has been 
 said or done by their associates in carrying 
 into effect the concerted plan, as if it had 
 been pronounced by their own voice, or exe- 1 
 
 cuted by their own hand. These declara- 
 tions are of the nature of acts; they are in 
 reality acts done by the party, and gen- 
 erally they are far more mischievous than acts 
 which consist only in corporal agency. All 
 consultations, therefore, carried on by one 
 conspirator, relative to the general design, 
 and all conversations in his presence, are 
 evidence against another conspirator, though 
 absent. 1 FhiU. Ev., 95, "ih ed. The eiiect 
 of such evidence must depend on a variety 
 of circumstances, such as whether the party 
 was attending to the conversation, and 
 whether he approved or disapproved; still 
 such conversations are admissible in evi- 
 dence. See Eyre 0. J., Hardy's case., 24 How. 
 St. Tr., 704. In Lord George Gordon's case, 
 the cry of the mob, being part of the trans- 
 action, was held to be admissible against the 
 prisoner. 21 How. St. Tr., 535. And upon 
 the same principle, the expressions of the 
 mob in the Sacheverell riots, that they de- 
 signed to pull down the meeting-houses, 
 were admitted in evidence. Damoree's case, 
 15 How. St. Tr., 552." 
 
 I read this to bring before the minds of 
 the Court the general principle of con- 
 spiracy. On page 88, Eoscoe's Criminal Evi- 
 dence, I find the following : 
 
 "As in trials for conspiracies, whatever 
 the prisoner may have done or said at any 
 meeting alleged to be held in pursuance of 
 the conspiracy, is admissible in evidence on 
 the part of the prosecution against him ; so, 
 on the other hand, any other part of his 
 conduct at the same meetings, will be 
 allowed to be proved on his behalf For 
 the intention and design of a party at a 
 particular time are best explained by a 
 complete view of every part of his conduct 
 at that time, and not merely from the proof 
 of a single and insulated act or declaration. 
 Phill. Ev., 499, Sth ed. On the trial for an 
 indictment to overthrow the Government, 
 evidence was given to show that the con- 
 spiracy was brought into overt act at meet- 
 ings, in the presence of the prisoner Walker. 
 His counsel was allowed to ask, whether at 
 those times, he had heard Walker utter any 
 word inconsistent with the duty of a good 
 subject He was also allowed to inquire 
 into the general declarations of the prisoner 
 at the meetings, and whether the witness 
 had heard him say any thing that had a 
 tendency to disturb the peace. Jbid., 23 How. 
 Sl Tr., 1131; 31 Id, 43." 
 
 I do not propose to go into any lengthy 
 discussion of this subject, as 1 have drawn 
 from the witness the main points of the 
 speech. I am certain, however, that the law 
 goes further than I have even claimed. That 
 1 have the right to ask whether Mr. Milli- 
 gan, in talking to that crowd, spoke for or 
 against the Government, is conceded by the 
 authorities; and each loyal man of the land 
 is perfectly cognizant of what is loyalty, and 
 what is disloyalty. This is not a questioa 
 
154 
 
 TREASON TRIALS AT INDIANAPOLIS^ 
 
 of opinion, but one of fact. It is an old re- 
 mark that every man is for his Government 
 or against it. The dividing line is clear to 
 the mind of every man who heard that 
 speech. Now, I propose to ask the witness 
 who reported that speech, whether it was 
 for the Government, or against it. There 
 on the 13th of August, when the uprising 
 was to take place on the 16th, he was 
 making an incendiary speech, at the very 
 time when Dr. Wilson testifies that nearly 
 every man in his county belonging to the 
 order knew that the insurrection was to 
 take place on the 16th of August. 
 
 The accused replied: 
 
 I have not had an opportunity to search 
 the law upon this point, but it seems to me 
 it does not support the point made by the 
 Judge Advocate. He states that this speech 
 was made a few days previous to the time 
 when this uprising was to take place. The 
 exposition of the order was made on the 
 29th of July, and the testimony given 
 shows that the whole project was aban- 
 doned, and that messengers had been dis- 
 patched to the people making that an- 
 nouncement. Instead of that speech being 
 made to goad on the minds of the people, 
 it was made at the time when this uprising 
 had been set at naught, abandoned, and 
 the whole things exposed in the public 
 print. If Mr. Milligan had knowledge of 
 this uprising, it is fair to presume that he 
 had knowledge of its abandonment. It is 
 said that this speech was made for the pur- 
 pose of inflaming the minds of the popu- 
 lace; but that is a matter for the considera- 
 tion of the Court in summing up the case. 
 It is competent for the prosecution to ask 
 the witness the general question, "Was that 
 speech loyal, and in favor of the Govern- 
 ment, or disloyal, and against the Govern- 
 ment?" 
 
 You will notice that Walker had ex- 
 pressed no sentiments; and when the Gov- 
 ernment undertook to prove his sentiments, 
 he had the right to object, that the Govern- 
 ment could prove intents only by affirma- 
 tive acts, and not by mere opinions. We 
 may, on the contrary, introduce evidence to 
 show that his sentiments were not disloyal, 
 and propose to prove that he made no re- 
 mark tending to such a conclusion as that. 
 If they will ask the witness what was the 
 substance of his remarks, in regard to obe- 
 dience to the Constitution and the draft, or 
 against enforcing the draft, I make no ob- 
 jection; but they can not ask the witness 
 whether the whole speech was in favor of 
 the Government, and loyal, or against the 
 Government, and disloyal. Look at the 
 fallacy of such a position. There is not a 
 speech made, but what you can find an in- 
 dividual who will come up and swear that 
 it is disloyal; and, on the other hand, you 
 could find some Democrat who would swear 
 that the tendency of the speech was loyal 
 
 and in favor of the Constitution. I tak» 
 for granted the witness would say the 
 speech was disloyal ; and, I dare say, a Dem- 
 ocrat would say it was calculated to main- 
 tain the Constitution. You, gentlemen of 
 the Commission, are to decide what this 
 tendency is. The prisoner is charged with 
 disloyal practices, and the opinion of the 
 witness as to the effect of' his speech, 
 whether disloyal or not, is not competent 
 evidence. Most of the members of this 
 Commission are lawyers; and they know 
 that it is a question at one time mooted, 
 how the damages were to be ascertained in 
 a case of actual slander. The facts must 
 be given to the jury, and they must fix the 
 amount. So the facts in regard to this 
 speech, the declarations must be given to 
 the Court, and they must decide whether it 
 is loyal or not It is a matter of political 
 controversy, whether the Administration is 
 or is not the Government. Some would in- 
 sist that every thing said against the Ad; 
 ministration, is disloyalty to the Govern- 
 ment. Other witnesses would say that the 
 Administration is only one-third part of the 
 Government. We would, therefore, have 
 to inquire of the witness what his political 
 views were, to understand what he meant 
 by loyalty. 
 
 Mr. Greenleaf, in treating upon the sub- 
 ject of evidence in courts-martial, lays down 
 the same general considerations by which 
 courts of law are governed. 
 
 He says, in paragraph 476: 
 
 "It has already been intimated that 
 courts-martial are bound, in general, to ob- 
 serve the rules of the law of evidence by 
 which the courts of criminal jurisdiction 
 are governed. The only exceptions which 
 are permitted, are those which are of neces- 
 sity created by the nature of the service, and 
 by the constitution of the court and its 
 course of proceeding." 
 
 Again, paragraph 478, he says: 
 
 " The opinions of witnesses are, perhaps, 
 more frequently called for in military trials 
 than in any others; but the rule which 
 governs their admissibility, is the same here 
 as elsewhere, and has already been stated 
 in a preceding volume. But it is proper 
 here to add, that where the manner of the 
 act, or of the language with which the pris- 
 oner is charged, is essential to the ofl'ense, 
 as whether the act was menacing or insult- 
 ing, or cowardly, or unskillful, or not; or 
 whether the language was abusive or sar- 
 castic, or playful, the opinion which the 
 witness formed at the time, or the impres- 
 sion it then made upon his mind, being 
 cotemporaneous with the fact, and parta- 
 king of the res gesicc, is not only admissible, 
 but is a fact in the case which he is' bound 
 to testify." 
 
 Just so here. The facts are before the 
 Court. Is it fair to receive the opinion of 
 the witness upon the general tenor of the 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 155 
 
 speech as to its loyalty or disloyalty? You, 
 gentlemen of the Commission, are thor- 
 oughly versed in the politics of the day, and 
 quite as competent to decide whether these 
 declarations are loyal or disloyal, as is the 
 witness. 
 
 The courtroom was then cleared for delib- 
 erating on the objection of the accused. 
 
 On reopening the court room, the Judge 
 Advocate announced that tlie objection 
 had been sustained, and the question over- 
 ruled. 
 
 Question by the Judge Advocate : 
 
 Please state to the Court whether at that 
 time you had any conversation with Mr. 
 Milligan. 
 
 Answer. I do not know that I had any 
 converaation with him the day of the meet- 
 ing, but I did the day after. 
 
 Q. Did Mr. Milligan know, at the time he 
 made that speech, what was the action of 
 the State Central Committee at their meet- 
 ing on the 12th and 13th of August ? 
 
 A. I learned from another gentleman 
 what the action of the committee had been, 
 and I asked Mr. Milligan if he had heard 
 of their action. He answered that he had 
 not I then told him that General Manson 
 had been nominated as Lieutenant Gov- 
 ernor. He seemed surprised, and remarked 
 that it looked as if it had been done to 
 spite us. 
 
 Q. That was the next day after his speech 
 was made, was it not ? 
 
 A. It was on Sunday afternoon. 
 
 Q. When did Mr. Milligan make this 
 speech ? 
 
 A. On Saturday afternoon, August 13th, 
 1864. 
 
 Q. Do you mean the Saturday preceding 
 your conversation with Mr. Milligan? 
 
 A. Yes, sir. 
 
 Q. What did Mr. Milligan say at that 
 meeting in reference to the draft ? Did he 
 advise the people to submit and aid the 
 Government in the enrollment, or did he 
 advise them to oppose it?' 
 
 A. Nothing was said about the enroll- 
 ment. 
 
 Q. Was any thing said about the draft ? 
 
 A. The draft was expected on the 5th 
 of September, 1864 This meeting was on 
 the 13th of August. He spoke in favor of 
 the draft as the best mode of getting sol- 
 diers. He said if the war was right, the 
 draft was right ; but the war was wrong, and 
 the draft was wrong; and he spoke of those 
 who went into the army as making a sacri- 
 fice of life instead of a risk. 
 
 Q. Will you give the substance of his re- 
 marks and the manner in which he spoke 
 about the war? 
 
 A. I think he spoke about the war as un- 
 justifiable, and a dishonorable war. I am 
 not positive about the word dishonorable. 
 
 Q, What did he say upon the subject of 
 peace and of quitting fighting ? 
 
 A. He was in favor of stopping hoBtilities, 
 and allowing the South the terms she had 
 always asked. 
 
 Q. What were those terms? 
 
 A. To be let alone. i 
 
 CnOSS-EXAMINATlON. 
 
 The meeting referred to was a Demo- 
 cratic mass meeting, called by the Peace 
 Democracy to take action in -regard to the 
 draft. I learned this first from Captain 
 Bracken, who said that he learned it from 
 Mr. Barry, who was acting as correspond- 
 ent of the Chicago Time/. I understood 
 that on the morning of the meeting there 
 had been a caucus there, composed of indi- 
 viduals who were opposed to adopting any 
 resolution as their platform, as well as of 
 those who were in favor of adopting it. 
 After the radical peace men carried their 
 point in regard to the adoption of resolu- 
 tions, I understood that those withdrew. 
 The convention numbered about five thou- 
 sand. I went to that meeting as the repor- 
 ter for the Cincinnati Gazette. I was not in 
 the employment of the Government at the 
 time. I sent a telegraphic dispatch of Mr. 
 Milligan's speech to the Cincinnati Gazette, 
 which was confined mainly to the resolu- 
 tions adopted. The report of the meeting, 
 as well as the telegraphic dispatch of the 
 resolutions, was made by me. I called Mr. 
 Milligan -'Dr. Milligan," because I had thus 
 heard him spoken of In his speech he said 
 the war was an unjustifiable and unconstitu- 
 tional one. Then he spoke of the draft, and 
 appealed to his hearers in regard to making 
 a sacrifice of life, and of the comforts and 
 happiness of their families, and then asked 
 them if they thought it best to go into the 
 army. In making this argument, he ap- 
 pealed to his audience for approval, and 
 they indorsed what he said. He said if the 
 war was right, the draft was right; and he 
 said that the draft was the best method for 
 raising men. I can not say that he advised 
 submission to the draft He said that 
 those who believed the war was right ought 
 to go, and not growl about the draft. He 
 did not discuss party difterences; but in 
 his remarks he opposed the war and the 
 Government; his remarks against the Gov- 
 ernment were loudly cheered. In speak- 
 ing of the Administration, I do not remem- 
 ber his referring to the difl'erent depart- 
 ments of the Executive; 1 understood him 
 to speak of the Government as a whole ; 
 and he did not single out any one or 
 any department, except, perhaps, the Presi- 
 dent. He said nothing denunciatory of 
 the Constitution, but the whole tenor of 
 his speech was in favor of the Constitution 
 as he construed it His construction of it per- 
 mi tted States to secede at will, and denied to 
 the Government the right of coercion. The 
 resolutions adopted referred more to the 
 draft, and were denunciatory of it and the 
 
156 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 war generally, rather than to its having influ- 
 ence upon the Chicago Convention. The 
 name of the Chairman of the Committee on 
 Resolutions was Mr. O'Rourke. 1 was not 
 present at the convention that met in the 
 morning. The resolutions were reported to 
 the meeting before the speaking began; 
 they were first in order. I understood Mr. 
 Milligan to say that about two millions of 
 men had fallen in this war. He spoke of 
 two million seven hundred thousand men 
 having gone into the army and made a sac- 
 rifice of life, while the rebels still held their 
 own; and my deduction was that the 
 great majority of them had lost their lives. 
 He said that while the Government had 
 called out two million seven hundred thou- 
 sand men, we were not able to make any 
 ■headway, while the rebels were holding 
 their own. At the time of the meeting, 1 
 intended to give a full report of all the 
 points of the speech in Mr. Milligan's own 
 language, condensing his references to Colo- 
 nial history, and his discussion of the con- 
 stitutional right of coercion, and perhaps 
 some minor points; otherwise, I think the 
 report is correct,, and many parts of it are 
 verbatim. I consider the report more re- 
 liable than my recollection of the meeting. 
 I wrote my report partly or wholly on 
 Sunday, and it was printed in the Gazette 
 on the Tuesday following. I glanced over 
 the report when it appeared in the paper, 
 and I recognized it as the one I had made. 
 Mr. Milligan did not perhaps say, in so 
 many words, that the President had not 
 the power to coerce the rebels; he was 
 speaking of the right of the Government 
 to subdue sovereign States, and my conclu- 
 sion was that those were rebellious States. 
 I think he spoke of the right to coerce 
 sovereign States, and the right to coerce 
 people who had chosen to leave the Union, 
 referring not only to the States, but to the 
 people; and he may have been talking 
 about the right of revolution. I think he 
 denied not only the right to coerce States, 
 but individuals also. The character of the 
 paper for which I was reporting is that of a 
 general newspaper; I do not regard it as a 
 partisan newspaper, and do not think it 
 claims to be the organ of any party. It 
 may have been regarded as a Republican 
 paper ; it certainly is in favor of the Union. 
 Since I have been acquainted with it, it has 
 taken an independent course, and has sup- 
 ported the Union candidates whenever its 
 editors saw fit to support them, and ap- 
 proved or criticised the Administration 
 whenever they thought they had reason 
 for so doing. I have no recollection of Mr. 
 Milligan or any other speaker being cheered 
 for speaking in favor of the Government. 
 In addition to Mr. Humphreys, Mr. .Jackson 
 and Mr. Read spoke at that meeting, and 
 were all cheered; and Mr. Humphreys was 
 loudlv cheered when he took the stand. 
 
 Mr. Milligan was cheered not only when 
 he spoke against the policy of the Govern- 
 ment, but also when he spoke againsi the 
 war; 1 do not make any distinction be- 
 tween the Government and the Administra- 
 tion; Mr. Milligan's speech was an argu- 
 mentative one, and contained many points 
 calculated to draw out the approval of the 
 audience. My present connection with 
 the Government is only as one of the Re- 
 corders to this Commission. I have acted 
 with both parties. I acted with the Demo- 
 cratic party in 1859. I voted for Mr. Lincoln. 
 
 Q. Was there any thing more denuneia<- 
 tory of the Administration in Mr. Milligan's 
 remarks than in the remarks of the other 
 gentlemen who spoke there on that day? 
 
 Question objected to by the Judge AdvO' 
 cate, and withdrawn. 
 
 There was, perhaps, nothing more offen- 
 sive in Mr. Milligan's speech than there is 
 in the average of Democratic speeches de- 
 livered during the present campaign. There 
 might have been less abuse in Mr. Milligan's 
 speech than in some other speeches that 
 have been delivered, and more than in 
 others. 
 
 KE-EXAMINATION. 
 
 Mr. Milligan in his speech that day used 
 the term Government rather than Adminis- 
 tration, and I do not recollect his making 
 any distinction between the Governmentand 
 the Adminstration. He said that if the war 
 was right, the draft was right; but he denied 
 that the war had been, or could be consti- 
 tutional and right. 
 
 Nicholas Cochrakb, a witness for the Gov- 
 ernment, was then introduced, and, being 
 duly sworn by the Judge Advocate, testified 
 as follows : 
 
 I reside in Jackson township, Sullivan 
 county, Indiana. I am acquainted with Mr 
 Humphreys, one of the accused. I have 
 se^n him a few times. 1 reside nine or ten 
 miles from him. I heard Mr. Humphreys 
 on one occasion speak in Jackson township. 
 The occasion was said to be a Democratic 
 picnic. I think it was about the 15th of 
 September, 1863, a year ago; at any rate, it 
 was the day after Mr. Collins was shot in 
 Terre Haute by Mr. Brown. Mr. Hum- 
 phreys spoke of that in my hearing. There 
 might have been three hundred people, 
 more or less, present; the meeting was out 
 of doors. Mr. Humphreys was standing in 
 a wagon-bed. Besides Mr. Humphreys, there 
 were Mr. Hammil, an attorney at law, Mr. 
 Edward Price, and an attorney named Bur- 
 ton, besides another person whose name I 
 do not know. This latter said he was a rebel 
 from the State of Georgia, 1 believe. He 
 said he did not know why he was required 
 to speak to the audience there, composed as 
 it was mostly of farmers, unless it was that 
 they had heard a great deal about rebels 
 and had never seen one, and that he was a 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 157 
 
 rebel from G-eorgia. Mr. Humphreys was pres- 
 ent when the rebel spoke. Mr. Humphreys 
 made the first speech, and a short one again 
 afterward. I remember that he criticised the 
 Administration somewhat strongly. He 
 seemed to be solicitous for peace, and to be 
 opposed to the war ; and he seemed to think 
 that the Democratic party was imposed 
 upon, and ought to stand up for their 
 rights. He said that the time had come 
 when Democrats should not appropriate 
 their money, or be willing to spend their 
 means in levity, but should be preparing for 
 self-defense. The general run of his speech 
 was in opposition to the present Adminis- 
 tration. The rebel from the State of Georgia 
 remarked that he was not concerned about 
 our State policy, for he did not belong to 
 our State ; but he had a piece of advice that 
 he would give to his friends, and that was, 
 to resist the present abolition Administra- 
 tion at the sacrifice of their means, their fami- 
 lies, and themselves, if necessary; and that 
 for nothing short of that would he call them 
 honorable. I can not say particularly 
 whether these remarks called forth appro- 
 bation or disapprobation. There were sev- 
 eral cheers, and the people said that he was 
 a good-looking fellow; he was considerably 
 cheered at the close of his speech. I do not 
 remember hearing any hissing or any marks 
 of disapprobation at any thing he said. Mr. 
 Hammil, Mr. Burton, Mr. Allen and Mr. 
 Humphreys were in the wagon, but I am 
 not positive they were in when the rebel 
 spoke. He spoke about the death of Col- 
 lins, and advised the crowd to go home. 
 He said he had received a dispatch stating 
 that he would probably be arrested that 
 night; and I heard from another source 
 that such a dispatch had been carried to 
 him. The crowd then dispersed. 
 
 CROSS-EXAMINATION. 
 
 I staid during the whole of the speech. 
 I have forgotten the name of the rebel from 
 Georgia, but it seems to me they called him 
 Captain Manderville. He did not say that 
 he had taken the oath of allegiance to the 
 United States Government, or that he had 
 been in the Quartermaster's Department 
 for several months. When Mr. Humphreys 
 spoke of the death of this man and the dis- 
 
 Eatch that he had received, and that it was 
 kely that he would be arrested, he spoke 
 quite solemnly. 
 
 The Judge Advocate here announced to 
 the Commission that he had closed the 
 case on the part of the Government. 
 
 The Commission then adjourned, to meet 
 on Thursday, November 17, 1864, at 9 
 o'clock, A. M. 
 
 CouET Room, Indianapolis, Irdiasa, > 
 November 17, 1801, 9 o'clock, A. M. J 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present, except Colonel 
 Wass. Also, the Judge Advocate, the ac- 
 cused (except W. A. Bowles), and their 
 counsel. 
 
 The proceedings were read and approved. 
 
 William G. Moss, a witness for the ac- 
 cused, was then introduced, and, being duly 
 sworn by the Judge Advocate, testified as 
 follows ; 
 
 I reside in Green county, Indiana, and 
 am a farmer. I was elected Sheriff of the 
 county in 1856, and served until 1860, when 
 I was elected as Eepresentative, and served 
 in two sessions of the Legislature. I was 
 re-elected Sherifl" last October. I am ac- 
 quainted with Mr. Humphreys; have been 
 a neighbor of his for about twenty-two 
 years, and was in partnership with him in 
 the mercantile business for nearly a year. 
 I joined an order called the American 
 Knights, in September, 1863. I took the 
 first degree in our store, in Green county. 
 This was before I entered into partnership 
 with Mr. Humphreys. I believe he was at 
 a meeting of the order in Indianapolis on 
 the 16th or 17th of February, 1864. 1 did 
 not know of the meeting at the time I 
 came here to visit Indianapolis on business. 
 When here I met Mr. Heffren and Mr. 
 Malott, from Sullivan. They insisted on 
 my going to the meeting. I was present 
 when an election, or an appointment of 
 officers, took place; major generals and dep- 
 uty commanders, probably, but I am not 
 certain, and other officers, were appointed. 
 Mr. Milligan, Mr, Humphreys, Mr. Walker, 
 and probably Mt. Bowles, were elected or 
 appointed Major Generals. I took back to 
 my own county the news of this meeting, 
 and in a few days after the meeting I saw 
 Mr. Humphreys, and I informed him of 
 what had taken place — that he was ap- 
 pointed a Major General. 
 
 Q. What did he say about it ? 
 
 Question objected to by the Judge Advo- 
 cate, and withdrawn. 
 
 Q. Were you authorized to take the news 
 of that election to Mr. Humphreys ? 
 
 Question objected to by the Judge Advo- 
 cate. 
 
 The counsel for the accused requested 
 the Judge Advocate to state his grounds of 
 objection. 
 
 The rule of law is clear, that while in the 
 prosecution of cases of conspiracy, the Gov- 
 ernment may prove the admissions of the 
 accused as against him, he can not, in his 
 own defense, prove counter statements 
 which were made at any different time 
 than the specific time when the admissions 
 are proven. In illustration of what I mean, 
 suppose 1 prove that in a certain conversa- 
 tion Mr. Milligan made certain admissions 
 to any party, they may call out that entire 
 conversation, and any explanatory facts and 
 statements he then made in his own behalf 
 But while I may prove any distinct admLs- 
 
158 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 sion as against him, they can not prove any 
 distinct, separate statements in his favor. 
 Such a rule of law as is contended for by 
 the accused, would destroy the possibility 
 of the conviction of any individual for crime. 
 If an individual is indicted for murder, the 
 act may be proven against him, and his ad- 
 missions as against himself; but any counter 
 statements after the deed, to the effect he 
 did it in self-defense, or in defense of his 
 property, can not be admitted in his favor. 
 In conspiracy trials, the rule is: if a person 
 is engaged in a common conspiracy, and 
 addresses a meeting, or is at any of the 
 meetings of the Council where the general 
 purposes of the conspiracy were discussed, 
 if the State proves against him any distinct 
 statements or admissions, the defense may 
 call out all the statements and surround- 
 ings under which it was made, as a part of 
 the res gesice; but they can not go into any 
 separate statement made at a different time 
 and place. These distinct statements stand 
 alone, and not as part of the res gestae. The 
 accused can not exculpate himself from 
 crime by his own assertions. 
 
 The accused replied: 
 
 The accused have come to the conclusion 
 that they have no other resort to vindicate 
 themselves from the inferences which the 
 Judge Advocate seeks to raise against them, 
 than to introduce testimony concerning 
 their own relations to and declarations 
 about the order. If we can not introduce 
 our repudiation and rejection of the office 
 which was attempted to be thrust upon us 
 in our absence, and show that from the 
 moment we knew of it until the dissolution 
 of the order, we repudiated it, then we 
 have no opportunity to vindicate ourselves 
 from the charges sought to be proven against 
 us. It has been shown by the prosecution 
 that Humphreys was elected a Major G-en- 
 eral at the February meeting of the order, 
 which he did not attend, and of which he 
 could have no knowledge at the time, nor 
 until he was informed of it, and that is as 
 far as the evidence shows his connection 
 with it. Another fact has been proven, 
 namely, that the military branch of the 
 order was intended for the subversion of 
 the Union, detaching certain States, either 
 to form a North-western Confederacy, or be 
 attached to the Southern Confederacy ; and 
 from this fact will be argued the treasona- 
 ble character of the military part of the 
 order. Now, the accused is only connected 
 with the military part of the order by the 
 fact of his election as a Major General, 
 which transpired in his absence, and of 
 which there is no proof he had any knowl- 
 edge. Now, we present the counter fact, 
 that when he was informed of that election, 
 he rejected and repudiated the ofBce, and 
 thereafter had nothing to do with that part 
 of the order. That is what we propose to 
 prove. The Judge Advocate 'objects to it. 
 
 because it is not a part of the conversation 
 he has seen proper to introduce. The Com- 
 mission can not determine what conversa- 
 tions he has introduced. It is impossible 
 to determine when the conversation he 
 has introduced transpired, and when he 
 said certain things; as, for instance, they 
 have proven, or assume to have proven, 
 that he accepted a Brigadier Generalship, 
 and agreed to command a certain portion 
 of the forces in the order. There is no evi- 
 dence of this fact. The whole history of 
 Mr. Humphreys' connection with the order, 
 from his initiation until the commence- 
 ment of this trial, has been dragged before 
 this Commission, without reference to time 
 or place, or under what circumstances his 
 admissions were made. To show his char- 
 acter and real connection with the order, 
 we shall offer, and claim the right to offer, 
 until it is denied us, evidence covering the 
 whole period from his election to a Major 
 Generalship, to the commencement of this 
 trial, to show that he was guilty of no trea- 
 sonable project, declaration, act, or conspir- 
 acy. That, on the contrary, he avowed 
 himself ready to obey and support the laws 
 and Constitution of his country, and even 
 to death, and against every proposition in- 
 imical to the laws and Constitution of his 
 country. 
 
 You see, gentlemen of this Commission, 
 that unless this is permitted, we can not in- 
 troduce any proof in fact, for written com- 
 munications are not admissible. There is no 
 evidence, but hearsay, that he accepted this 
 Commission. There is no evidence that he 
 is connected with any treasonable acts, or 
 tending to show this fact. Now, we want to 
 show his acts, his life, his confidential com- 
 munications to his intimate friend, his 
 partner. The law, I grant you, is not defi- 
 nite on that point. I read from Boscoe's 
 Criminal Evidence, page 88: 
 
 " The acts and declarations of a prisoner, 
 given in evidence in his favor, ought to be 
 connected both in point of subject>-matter 
 and of time, with the acts or declarations 
 proved against him. See Phill. Ev., 500, 
 Sth ed. In the two following cases, how- 
 ever, great latitude was allowed on trials for 
 high treason. When the overt act charged 
 was, that the prisoner to compass the King's 
 death, conspired with others to call a con- 
 vention of the people, etc.; the prisoner's 
 counsel was allowed to ask the witness 
 whether, before the time of the convention, he had 
 ever heard from the prisoner what his ob- 
 jects were, and whether he had at all mixed 
 himself in the business. Hardy's case, 24 
 How. iSt. K-., 1097. So in Home Toohes case, 
 1 East. P. C, 61 ; 25 How. St Tr., 545, evi- 
 dence having been given, on the part of the 
 crown,_ of several publications containing 
 republican doctrines and opinions, which 
 had been distributed by the prisoner during 
 the period assigned in the indictment, (for 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 159 
 
 high treason,) for the existence of the oon- 
 Bpiracy, the prisoner offered to put in a 
 booli, written by him, expressive of his 
 venei-ation for the King and tlie constitu- 
 tion ; this was objected to as being antece- 
 dent to the period of tlie conspiracy, and 
 not relating to tlie particular transaction. 
 After argument, the book was admitted, on 
 the ground that it had reference to the 
 proof given in support of the charge, to re- 
 but the idea, that a reform in Parliament 
 was a pretense made by the prisoner, and 
 that his real object was to overturn the 
 Government." 
 
 Now, if the Judge Advocate is correct in 
 his conclusions, there can be introduced 
 against Mr. Humphreys the acts and dec- 
 larations of others, and implicate him in 
 their transactions, and make him liable for 
 all that was done at that meeting, in his 
 absence, unless he shows that he repudiated 
 the whole thing. Roscoe, in another para- 
 graph, says: 
 
 "On the trial of an indictment for a con- 
 spiracy to overthrow the government, evi- 
 dence was given to show that the conspiracy 
 was brought into overt act, at meetings, in 
 the presence of the prisoner Walker. His 
 counsel was allowed to ask, whether, at those 
 times, he had heard Walker utter any word 
 inconsistent with the duty of a good subject. 
 He was also allowed to inquire into the 
 general declarations of the prisoner at the 
 meetings, and whether the witness had 
 heard him say any thing that had a tend- 
 ency to disturb the peace. Ibid., 23 How. St 
 Tr., 1131; 31 J</., 43." 
 
 Now, the actof the election is proved against 
 Mr. Humphreys. We propose, on the point 
 of time and fact, to connect his declarations 
 on receiving the first news of his appoints 
 ment, to show that he repudiated it, and 
 was in no way mixed up in the business. 
 ^V'e, also, propose to show, that before the 
 time of this illegitimate uprising, which was 
 to have taken place in pursuance of this 
 conspiracy, and immediately after his elec- 
 tion to military office, he rejected and re- 
 pudiated his election, and declared that he 
 would have nothing more to do with the 
 order, and would not be mixed up with this 
 business by the action of others. The case 
 quoted of Hardy, was a simple hearsay case. 
 'J'he prisoner's counsel was allowed to ask 
 thiC witness whether, at any time before the 
 convention, he had ever heard from the 
 prisoner what his objects were, and whether 
 lie had at all mixed himself up in the busi- 
 ness. So in Home Tooke's case, the prison- 
 er's counsel was permitted to introduce a 
 book, written before the time of the alleged 
 offense, to prove his fealty to the King, and 
 that his design was not to overturn the 
 Government. True, Lord Ellenborough 
 doubts the soundness of this decision; but 
 his is the opinion only of one judge, while 
 the other judges concurred against him. 
 
 This decision stands in the light of as 
 good authority as if it had not been ques- 
 tioned. It can not overturn the decision 
 of the whole Court. 
 
 If, in the case of Home Tooke, a book 
 written before the time of the conspiracy, 
 could be introduced to show the loyalty of 
 the prisoner to his King, with how much 
 stronger reason may we press our claim to be 
 permitted to introduce evidence about tlie 
 time of the election of Mr. Humphreys as 
 Major General, to show that he then re- 
 pudiated the whole scheme. The point 
 seems to me to be too clear for argument, 
 that justice requires that the accused be 
 allowed to introduce counter-statements, 
 occurring during the period of his alleged 
 connection with the order, to rebut the 
 hearsay evidence introduced against him 
 by the Government. This necessity in- 
 volves the introduction of conversations 
 and acts, running through the whole period 
 from September, 1863, to his arrest in 1864. 
 This is necessary to show, in the light of all 
 his declarations and acts, what his whole 
 conduct has been. It is due to every man's 
 individual acts, that they should be con- 
 strued by all his surrounding acts which 
 liave reference to the same transactions. 
 This is allowed to the defense. The general 
 character of the accused for loyalty and de- 
 votion to his country is needed as a rebutter 
 to the charge of conspiracy or treason, when 
 the evidence on which that depends is 
 doubtful. This rule we apply to the pres- 
 ent case. It is evident that Mr. Humphreys 
 had no connection with the order at the 
 time this • conspiracy was planned. We 
 show that as soon as he was elected, he re- 
 pudiated the office of Major General ; and 
 that in every step of his life since he joined 
 the order, he has acted the part of a good 
 citizen. We shall show that, in the case of 
 the men pursuing the soldiers near Cale- 
 donia, he overtook them and called them 
 back from their pursuit, and reminded them 
 of their duties as good citizens. If, in some 
 degree, he identified himself with the mob, 
 and went half-way with them, or assumed 
 to be of them, to get influence over them, it 
 can not be an evidence of his guilt, but of that 
 tact which is necessary to the performance 
 of his duties as a citizen. We will go through 
 his whole life, if need be, and show that he 
 had been devoted to the laws, constitution, 
 and peace of his country, and opposed to 
 every thing which would tend to the sub- 
 version of the Government. 
 
 The charge in this case is that of con- 
 spiracy, and it extends as far back as the 
 meeting at Terre Haute, in July or August, 
 1863, up to the time when these conspira- 
 tors were arrested. I believe there is evi- 
 dence tending to fix guilt on these conspir- 
 ators, even after their arrest. It is charged 
 that from July or August, 1863, until Sep- 
 tember or October, 1864, this conspiracy was 
 
160 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 maturing, and its members ripening trea- 
 sonable schemes to overturn the Govern- 
 ment. To prove these charges, the Judge 
 Advocate introduces evidence to show vfhat 
 each one has done or intended to do, dur- 
 ing this time, in the prosecution of this 
 crime. The evidence consists of the dec- 
 larations and acts of the several conspira- 
 tors, v^hat they have said and done, and 
 that their design and purpose was to over- 
 turn the Government All this forms a 
 part of the res gestce of the transaction, of 
 the crime with which they are charged. In 
 the case of any particular act of crime, we 
 prove the act and the circumstances con- 
 nected with it as the res gestce, as confined 
 to that particular time. But this is a con- 
 tinuous act, universal, and involving, in its 
 meshes for ruin, all these men. If this 
 order is, per se, a conspiracy, these acts are 
 part of this constant act, and if they are 
 arraigned before this Commission, their ad- 
 missions, in justice, should be introduced in 
 their own defense. I am willing that every 
 fiber shall be woven, in the web of testi- 
 mony, of the acts of each one as against 
 them all, if the connection be, established 
 between -these men, and I am willing that 
 the men who are connected thus, shall go 
 with that man who is connected with the 
 treasonable effort. But let us not attempt to 
 entangle, in this terrible drag-net, a man 
 who is not guilty, who never concurred in 
 their treason, but repudiated the act which 
 would have brought him to ruin. Let him 
 have the benefit of his acts from the first 
 until now. It is not proven that he had 
 any other connection with the order, than 
 that he was elected Major General. There 
 is no evidence that he had attached himself 
 to the order until then, and that is only an 
 inference. If he was not a member, it is 
 due to him that he should explain that 
 matter by his own declarations, made at 
 the time he learned that he was elected. 
 That if he knew nothing of the military 
 part of the order, it is proper that he should 
 prove his repudiation of it at that time. 
 
 What would Mr. Bingham have thought, 
 who, having been told that there was noth- 
 ing in the order incompatible with the du- 
 ties of a good citizen, had he been elected a- 
 Major General and assigned to the com- 
 . mand of a district of the State? And sup- 
 pose, when they elected Humphreys, they 
 had pointed out his duties and given him 
 the ulterior purposes of the organization, 
 namely, to establish a North-western Con- 
 federacy, or that failing, to attach them- 
 selves to the treasonable Confederacy of 
 the South? Suppose all that had been ex- 
 plained to him, would he have no right to 
 go forward and show why he eschewed the 
 ofHce, and any relations to such an organi- 
 zation as this? If he has no such right, he 
 has no defense at all. The worst enemy he 
 has in the world may bind him hand and 
 
 foot, and deliver him over for trial, to bo 
 doomed to & dishonorable death. I can 
 not think the laws justify such a construc- 
 tion, or that this Commission will deter- 
 mine this point in such a manner, and I 
 submit the point for their decision. 
 
 The Judge Advocate, in reply, said: 
 
 I desire to direct the attention of the 
 Court to a few points, not because I deem 
 the question at issue of so much importance 
 to the Government, but because it may 
 settle the rule of examination to be pursued, 
 in this case. At the same time, I believe if 
 it should be decided against the Govern- 
 ment, it would work great injustice. The 
 gentleman's own law is all I ask to decide 
 the case against him. The authority from 
 which he quoted, says: 
 
 " As in trials for conspiracies, whatever 
 the prisoner may have done or said at any 
 meeting alleged to be held in pursuance of 
 the conspiracy, is admissible in evidence on 
 the part of the prosecution against him; 
 so, on the other hand, any other part of 
 his conduct, at the same meetings, will be 
 allowed to be proven on his behalf; for the 
 intention and design of a party at a partic- 
 ular time, are best explained by a complete 
 view of every part of his conduct at that 
 time, and not merely from the proof of a 
 single and insulated act or declaration." 
 JRoscoe's Criminal Evidence, mage 88. 
 
 Had the counsel for the accused read a 
 little further, he would have found the de- 
 cision he quoted overruled. Roscoe adds: 
 "The soundness of this decision has been 
 doubted by Lord EUenborough, who said, if 
 the point should ever occur before him, it 
 would become his duly seriously to consider 
 whether such evidence should be admitted. 
 Lamberis case, 2 Comp., 409. In the follow- 
 ing case, a stricter limit was placed to the 
 investigation of the acts and declarations 
 of a prisoner. On the trial of Lord George 
 Gordon, a witness was asked by his counsel 
 on cross-examination, as to a statement 
 made by the prisoner on the mglii befme the 
 meeting in St George's Fields, and with re- 
 spect to which such evidence had been 
 produced. The question was overruled, 
 and Lord Mansfield said, that as the coun- 
 sel for the crown had given evidence of . 
 what the prisoner said at the meeting on 
 the 29th of May, the counsel for the pris- 
 oner might show the whole connection of 
 what the prisoner said, besides, at that meet- 
 mg, but that they could not go into evi- 
 dence of what he said on an antecedent day, 
 21 How. St. Tr., 542." 
 
 This decision was reaffirmed in a subse- 
 quent case to that of Harne 7\>oke, overrul- 
 ing the decision in that case, as will be seen 
 from the closing sentence of the paragraph 
 just qufSted: 
 
 "So in Hanson's case, on the charge of 
 promoting a riot, the prisoner's counsel was 
 not allowed to prove what he said privately 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 161 
 
 to a friend, previously to his going to the 
 place of riot, respecting his motives in going 
 thither. 31 How. St. Tr., 1281." 
 
 That is the most recent decision. But, 
 the rule, even as given hy the gentleman, 
 does not go to the extent he claims. On 
 the other hand, I claim for the Government 
 that if the alleged conspiracy had been in- 
 augurated on the first day of August, 1 
 could, on the part of the Government, go 
 back a few days or months, and introduce 
 acts of tlie accused to show the intentions 
 and purposes of the act, before the 1st of 
 August. At the same time, the accused 
 can go back, and show that the tenor of 
 his life had been against his entering upon 
 any such project ; but they can not go back 
 and prove distinct counter statements on 
 the part of the defendant. If we examine 
 the argument of the gentleman, its fallacy, 
 I think, will be apparent. He asks, shall 
 this defendant be bound by what transpired 
 in his absence? He says that he should 
 not. I say that he shall; and thus saith 
 the law. When any man takes upon him- 
 self the obligations of the Order of Ameri- 
 can Knights, or Sons of Liberty, he takes 
 upon himself the responsibility for the acts 
 of that body, whether he' be absent or 
 present. 
 
 From the time a man takes the oaths of 
 this conspiracy, he takes upon himself re- 
 sponsibility for the acts of the entire or- 
 ganization, he agrees to stand by the illegal 
 and treasonable acts of every member of 
 the organization. So says the law. I pro- 
 pose to connect these men not only with 
 what was done in their presence, but in 
 their absence, and hold them accountable. 
 The law says that when there is a con- 
 spiracy formed, and men league themselves 
 together, that they may have greater power 
 to accomplish their evil purposes, they 
 shall be held to a greater responsibility, 
 and all those who perform any part, how- 
 ever minute, or however remote from the 
 scene of action, but who are actually 
 leagued in the general conspiracy, are to be 
 considered as aiders and abettors in the same. 
 
 The accused argue that this association 
 is not per se a conspiracy, and that the 
 Judge Advocate has assumed this point; 
 that as yet it is an open question bpfore 
 the Court, and until it is settled, the argu- 
 ment of the Judge Advocate is not pertin- 
 ent, and that it can not be settled until 
 the close of the case. "All the evidence in- 
 troduced- would never have been permit- 
 ted by the accused to come in, but on the 
 ground that the Government had proven 
 the organization a conspiracy per se. If not 
 a conspiracy per se, then the declarations of 
 other members as co-conspirators could not 
 be introduced against any one of the ac- 
 cused. Almost every witness we have put 
 on the stand on the part of the Govern- 
 ment could have had his mouth closed by 
 11 
 
 the able counsel for the accused, on any 
 other foundation than that the order was 
 a conspiracy per se. They are not the able 
 courfsel that I take them to be if they per- 
 mit their clients to be convicted on del'ec- 
 tive and irrelevant testimony. We have 
 examined the witnesses on the hypothesis 
 that it was a conspiracy in itself Except 
 on that hypothesis, we could not liavi' 
 proven a single act or statement of Dodd, 
 or Walker, or Wright, or any membfj' ot 
 the order, except the accused. The ques- 
 tion has been put to nearly every witness, 
 "Is this man a member of the order?" If 
 so, there was no objection to the admission 
 of any one of his statements or acts. 
 
 Is it a conspii'acy within the meaning of 
 the law, an agreement to do a legal thing 
 in an illegal manner, or to do an illegal 
 thing in a legal manner? Is this not a con- 
 spiracy where men bind themselves with 
 oaths — the penalty for the violation of these 
 oaths being death — oaths violative of all 
 laws, and peace and order — bind themselves 
 to execute without hesitation the com- 
 mands of their officers in the order, and 
 agree that the National Government is only 
 a compact to be dissolved at pleasure? Is 
 that order a conspiracy the members of 
 which pledge themselves to form a North- 
 western Confederacy, and failing in that to 
 attach themselves to the Southern Confed- 
 eracy ; where they plot the release of the 
 enemies of the Government, the seizure of 
 arsenals, the capture of State officers, the 
 subversion of State Governments, and the 
 destruction of the lives and property of 
 the citizens of the States whore those men 
 reside? Is not all this a combination 
 and agreement to do an illegal act? The 
 accused argue that they do not defer d the 
 acts referred to, but that the civil ])art of 
 the order was purely political; and that the 
 military purposes of the order were con- 
 fined to the military part of it, and that 
 those who belonged to that part of the or- 
 ganization are alone responsible for it. 
 They can not separate the parts of the 
 order, each belonged to the other, and all 
 those in the civil portion were bound 
 by their oaths to obey the military chiefs. 
 It was only on the hypothesis that the or- 
 der was illegal as a means and an end, that 
 we could introduce proof of the acts and 
 admissions of its members. Benet, page 
 291, says: 
 
 "The acts and declarations of other con- 
 spirators, in the absence of the prisoner, 
 are admissible against him; and the pris- 
 oner may be affected by writings from 
 other persons which come into his custody 
 before his apprehension. In these cases 
 the evidence is of a direct nature, applying 
 to the acts in furtherance of a conspiracy, 
 and not circumstantial, as proving only 
 collateral circumstances from which these 
 acts are to be inferred." 
 
162 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 Let tne explain this rule of law, which 
 works no injustice to the accused. On the 
 pnrt of the Government, I may show that 
 the oi'der is a conspiracy, and that the 
 nccused is a member of it; and then prove 
 the acts of the body or of any member 
 of it, in pursuance of the general purposes 
 of the order. The accused can not go 
 into isolated facts to show that he is not 
 connected with its purposes. For instance, 
 if I prove that he was consulted at a cer- 
 tain meeting of the order about breaking 
 up the Government, and'made attempts to 
 arm the members, they can not rebut it 
 by showing that at other meetings of the 
 order, or at other times and places, he said 
 things in favor of the Government. They 
 attempt to disprove a bad act by proving a 
 good one. If I indict a man for horse- 
 • stealing, he can not rebut that crime by 
 proving that he has restored to their owners 
 horses stolen by others. The transactions 
 of this order are made up of separate acts, 
 which I prove as parts of a whole. The 
 accused can rebut or explain what I have 
 undertaken to prove took place at these 
 meetings. They say that Humphreys re- 
 pudiated this office. They must prove this 
 by showing that he repudiated it to the 
 source from which it came. iVhat he said 
 to this or that man, or to a hundred men, 
 about repudiating that office, is not suffi- 
 cient proof The appointment came from 
 (he Grand Council, and the official notifica^ 
 tion would be given by the Grand Com- 
 mander or Grand Secretary. If he wrote 
 to them repudiating the office, the produc- 
 tion of the letter would prove that fact. 
 Or, if the letter could not be produced, if 
 it was lost, he could prove the fact, and 
 prove by the parties who received it what 
 the contents of the letter were. But he 
 can not prove his repudiation of the office 
 by what he has said to other and outside 
 parties. It has been proved that Hum- 
 ]:Jhreys was willing to accept a Brigadier 
 Generalship and stay in the rear. They 
 have the right to firove that his command 
 was not of that character. That fact does 
 not show that-he was a Brigadier General ; 
 but shows that he was so connected with the 
 order, that he had its confidence, and espe- 
 cially does it connect him with the military 
 paa't of the order. If they prove that no 
 such conversation took place, and no such 
 thing was stated, or that there was no com- 
 munication on that point, they destroy the 
 evidence adduced on this point The ques- 
 tion is whether the order undertook to 
 make him a Brigadier General. 
 
 We also prove that he was with a body 
 of men at; a certain time, who were en- 
 gaged in an illegal act Let the accused 
 sliow Why he was there. If they prove 
 that he was at the meeting for legal pur- 
 poses, they have the benefit of it. we 
 prove that he was at a nieeting addressed 
 
 by an avowed rebel. Let them prove that 
 he was not a rebel, and that he made no 
 such speech as is attributed to him. His 
 acts at these times and places show the 
 character of the transaction. But he can 
 not disprove bad acts and speeches, by prov- 
 ing good ones at other times and places.^ 
 
 I'he law of conspiracy is clear, that its 
 members are bound by the acts of co-con- 
 spirators. Whatever Walker or Dodd did 
 at Chicago, or here, in pursuance of the 
 purposes of the order, binds Humphreys, 
 just as though they were proven as acts of 
 Humphreys. Because he is an arm, and 
 Dodd the head in the conspiracy, it is no 
 defense for him to say he is not the head. 
 
 The accused have attempted to make a 
 distinction between the Administration and 
 the Government They can not do this. 
 The Administration is the Government de 
 facto^ It exists in three branches — the ex- 
 ecutive, legislative and the judicial depart- 
 ments. They are co-ordinate parts of a 
 whole, and he who arrays hiinself against 
 any one of these departments contrary to 
 law, commits treason. And when any body 
 of men so far forget themselves as to do 
 this, they must be taught that every part 
 of this Government must be respected, and 
 can only be set aside by legal means. If 
 men plot treason, and array themselves 
 with the enemies of the Government, when 
 it is struggling for its very existence, they 
 must feel the power of that Government, 
 and meet the fate that conspirators and 
 traitors so richly deserve. 
 
 The court room was then cleared for de- 
 liberation. 
 
 On reopening the court room, the Judge 
 Advocate announced to the accused that 
 the objection was sustained. 
 
 Mr. Humphreys, on receiving information 
 of /-his appointment, rejected it. 
 
 I. remember the time of the excitement 
 at Caledonia, in Sullivan county. I over- 
 took Mr. Humphreys on the road, as he was 
 going there; he said that his purpose in 
 going there was to put' down the disturb- 
 ance and quell the riot, and that he had 
 sent on a couple of men to have the thing 
 stopped; Mr. Snow was the name of one of 
 these men, the name of the other I have 
 forgotten. The men who had arms were 
 stopped by Mr. Humphreys at Caledonia, 
 Mr. Humphreys made a speech of consid- 
 erable length, urging them to return home, 
 and saying he did not think the soldiers 
 intended to do any thing wrong — that he 
 could not think for a moment that the 
 Government had sent soldiers to trespass 
 upon the rights of citizens. They had taken 
 a horse or two from Mr. Wagner, and an- 
 other from the widow McBride, and a bridle 
 and saddle from Mr. Pigg; they took his 
 son out through the pasture to make him 
 hunt horses. The report was, that Mr. Tigg 
 had been shot at, and from the appearance 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 163 
 
 of his hat, I should judge he had been. | 
 Mr. Humphreys, in his speech, advised the 
 people to go home and behave themselves; 
 ne knew that the Government would not 
 send soldiers to harass them; he said the 
 soldiers had made ample satisfaction, and 
 restored the horses to Mr. Wagner; this 
 was four and a half miles from Sullivan. 
 The soldiers had gone toward Sullivan, and 
 the disposition of the crowd was to go after 
 the soldiers; but Mr. Humphreys said that 
 satisfaction had been made as regarded the 
 horses, and it was best to be peaceable and 
 go home. He said if they went to Sullivan 
 they would get to drinking, and get in a 
 row with the soldiers. Mr. Humphreys 
 said that Mr. Cowgill was a Government 
 officer, and must be heard, and he made a 
 speech, and told them to go honie. Mr. 
 Cowgill said he could indorse Mr. Humph- 
 reys' speech. I don't remember that poli- 
 tics were mentioned in Mr. Humphreys' 
 speech, but the whole tendency of it was 
 for the purpose of quieting the crowd. I 
 have been personally acquainted with Mr. 
 Freeman, the enrolling officer, for four or 
 five years before his death; we lived in 
 the same township. He lived in Sulli- 
 van county, Cass township, and Mr. 
 Humphreys lived in Green county ; I think 
 they lived about ten or eleven miles from 
 each other. 
 
 Q. State whether, at the time of the as- 
 sassination of Mr. Freeman, and afterward, 
 Mr. Humphreys did not denounce the kill- 
 ing of Mr. Freeman, as a cowardly and 
 base act ? 
 
 Question objected to, and withdrawn. 
 
 I have known Mr. Humphreys very inti- 
 mately; we boarded and roomed together. 
 I do not know that Mr. Humphreys ever 
 drilled any body of men; I do not think he 
 knows any thing about military tactics. 
 
 Q. Are you acquainted with the general 
 character of Mr. Humphreys as a law-abid- 
 ing, peaceable man, devoted to the main- 
 tenance of the laws and Constitu!tion, and 
 the union of his country? 
 
 Question objected to, and withdrawn. 
 
 Q. Are you acquainted with the general 
 character of Mr. Humphreys? 
 
 A, His general character, I think, is 
 good. 
 
 Q Are you acquainted with his general 
 character as a peaceable, law-abiding man, 
 devoted to the conservation of the laws, the 
 Constitution, and the union of the coun- 
 try? 
 
 Question objected to by the Judge Advo- 
 cate, for the reason that it is a leading one, 
 and it covers the very points which this 
 Commission is to decide, whetH^r or not the 
 accused is a law-abiding, peaceful citizen, 
 devoted to the laws of his country. He 
 can introduce testimony as to his general 
 moral character. In some cases, before mil- 
 itary courts, the accused can prove his par- 
 
 ticular traits of character, as in a trial on 
 a charge of cowardice, he can prove partic- 
 ular acts of personal bravery to rebut the 
 charge. It is not permitted to prove by a 
 witnesswhat the Commission is sitting here 
 to determine. 
 
 The accused replied : 
 
 The Judge Advocate admits that it is com- 
 petent for us to prove general moral charac- 
 ter. That if a witness questions the truth 
 and veracity of the accused, we could prove 
 his general character for truth and veracity. 
 If he were charged with a crime involving 
 a lack of chastity, it would be competent to 
 introduce proof of his general character for' 
 chastity. If he were arraigned on a charge 
 involving violence, brutal assault, or mur- 
 der, it would be competent to introduce 
 proof that his general character was that of 
 a peaceable man, indisposed to quarrels or 
 to participate in them. Tlie charge against 
 the accused is one involving his disposition 
 to obey the laws of his country, and it is on 
 that question that he seeks to introduce 
 proof He has the right to show his gene- 
 ral character for obedience to the laws and 
 the Constitution, and to have the benefit of 
 that evidence on this trial. 
 
 Questions as to character are always lead- 
 ing ones. The witness is asked: "Do you 
 know what his general moral character is ?" 
 If so, he states whether it is good or bad. 
 General character and general reputation 
 I consider synonymous. We, in like man- 
 ner, put the question as to his general cliar- 
 acter as to obedience to the Constitution 
 and laws of his country. The law denies us 
 the privilege of putting other than a leading 
 question. If the witness states that he 
 knows what that character is, we ask him is 
 it good or bad? Surely we ought not to be 
 denied the right to put that question. 
 That is conceded in principle by DeHart in 
 his work on Military Law. I quote from 
 page 344 : 
 
 "Theprisoner is allowed to call witnesses to 
 prove his character, but then it must be un- 
 derstood that character unconnected with 
 the charge can not be admitted as evidence to 
 influence the finding of the Court. General 
 character thus presented for the notice of 
 the Court, may be of advantage by modify- 
 ing the punishment to be decreed by the 
 Court, or presenting the case to the review- 
 ing authority as one in which mercy may be 
 exercised, and thus procure pardon for the 
 oflfender, of mitigation of the sentence." 
 
 The proof must be connect(?d with the 
 charge. One reason why general military 
 character is allowed to be introduced is be- 
 cause it embraces all the specific details 
 which make up that character. ' That is ex- 
 actly in point to the present case. 
 
 I read still further: 
 
 "Courts-martial will always permit the 
 prisoner to present evidence of character, 
 and do not require that it should bear 
 
164 
 
 TKBASON TRIALS AT INDIANAPOLIS. 
 
 analogy, and have reference to the charge 
 ija issue, and such testimony, when the 
 evidence against him is doubtful, may 
 be sufficient to warrant an acquittal. It 
 must be apparent, that wherever intention 
 is a principal ingredient in the offense 
 charged, depending too upon presumptive 
 proof, evidence as to character which ap- 
 plies directly to the nature of the accusa- 
 tion may be exceedingly important." 
 
 In this case intention is an important in- 
 gredient, showing how and why as a loyal 
 man he connected himself with the order. 
 If he is a loyal man, always obedient to his 
 Government, never in any manner inter- 
 fering with its peace, nor attempting to 
 break up the Union, this is testimony in his 
 favor, which should be admitted in his favor 
 to rebut the doubtful evidence against him. 
 
 The Judge Advocate replied : 
 
 It will save the time of the Court to settle 
 these preliminary questions now. I admit 
 most certainly, as the gehtleman knows, 
 that you can inquire as to the general char- 
 acter of a person accused of certain classes 
 of offenses. In this case the character of 
 the accused |is made up of his acts, they 
 have a right to prove that his acts alleged 
 to be disloyal were not so, but they can not 
 settle the question of character by putting 
 the leading and affirmative question whether 
 he is devoted to the Constitution, laws and 
 Union of his country. They go too far 
 when they attempt that. When they 
 attempt to prove his devotion to the laws 
 and Constitution, they go beyond the bounds 
 allowed as to general character. If they wish 
 to present it as a matter to secure mitigar 
 tion of the sentence, I may allow its intro- 
 duction. 
 
 I will, however, waive the objection for 
 the present, and allow the question to be 
 put to the witness. 
 
 I do know the general character of Mr. 
 Humphreys as a peaceable, law-abiding 
 man, devoted to the conservation of the 
 laws and Constitution, and the Union of his 
 country; and that general character is 
 good. 
 
 Q. State wheth^er or not the general char- 
 acter of Mr. Humphreys, during the period 
 of time since the war broke out, has not 
 been that of a peacemaker, and in favor of 
 the enforcement of the laws. 
 
 Question objected to. 
 
 The accused stated that if the objection 
 was insisted on he should be obliged to go 
 into the detail of the times, and show by 
 what sort of population Mr. Humphreys had 
 been surrounded. He wished to prove his 
 acts right along through this period re- 
 ferred to, by men who were always politic- 
 ally opposed to him. 
 
 The Judge Advocate replied: 
 
 Then it must be proved by acts and not 
 by opinions — "What have been his acts as 
 a general peacemaker, and what has been 
 
 his uniform conduct in regard to keeping 
 the country quiet." 
 
 The question was withdrawn. ' 
 
 Question. What have been his acts as a 
 peacemaker from the inauguration of the 
 presentrebellion to thetimehewas arrested? 
 
 Question objected to, and withdrawn. 
 
 Q. What nave been his acts from the 
 commencement of the organization of the 
 order at Terre Haute, until his arrest? 
 
 Question objected to by the Judge Advo- 
 cate on the ground that the question must 
 be confined to specific acts. 
 
 The question was withdrawn. 
 
 Q. Do you remember to have been at any 
 meeting where Mr. Humphreys addressed 
 the people, besides the one you have 
 spoken of ? 
 
 A. I attended some two or three a year 
 ago. One was at Linton; and he made two 
 or three speeches, at which I was presentt 
 from the start of the organization until the 
 time of his arrest. He always advised 
 obedience to the Government and the 
 laws, or words to that effect, and every 
 thing that had not the semblance of law 
 about it, he would not advise obedience to, 
 no matter what it was. 
 
 Q. Do you know any thing about his sen- 
 timents as to the action of his friends at 
 the time of his arrest? 
 
 Question objected to, and withdrawn. 
 
 A. Before Mr. Humphreys was arrested, it 
 was frequently talked about by us. 
 
 Q. When he received this report, what 
 course of conduct did he advise his friends 
 to take ? 
 
 Question objected to, and withdrawn. 
 
 Q. State what you know, if any thing, 
 about Mr. Humphreys having /incurred the 
 displeasure of his party frietfcts, because he 
 insisted on obedience to the laws and the 
 draft? 
 
 Question objected to, and withdrawn. 
 
 Q. State what you know, if any thing, 
 about Mr., Humphreys having repudiated 
 Dodd and his schemes ? 
 
 The Judge Advocate objected to the 
 question because it was not confined to a 
 particular time. 
 
 Q. State what you knovv of Mr. Hum- 
 phreys' repudiation of Dodd and his schemes 
 during last summer? 
 
 Question objected to, and withdrawn. 
 
 Q. State what you know on that point 
 during his connection with the order ? 
 
 Question objected to, and withdrawn. 
 
 Q. State whether, from the 16th of last 
 February up to the time of his arrest, Mr. 
 Humphreys did not repudiate any public 
 and private scheme of Mr. Dodd? 
 
 Question (Jbjeoted to by the Judge Advo- 
 cate. 
 
 The court room was then cleared for de- 
 liberation. On being reopened, the Judge 
 Advocate announced to the accused that 
 the objection was sustained. 
 
TRBASOJS" TRIALS AT INDIANAPOLIS. 
 
 165 
 
 After I returned home from Indianapolis, 
 I went to Mr. Humplireys and talked with 
 him about the order. He then went to 
 the secretary of the temple, got the papers 
 and destroyed them. He said he had not 
 understood before that it was a military 
 organization; and as soon as he learned 
 what were the purposes of the military or- 
 ganization, he said he would have nothing 
 more to do with it That was shortly after 
 his appointment as Major General. Mr. 
 Gray, who had the papers, was the secre- 
 tary of the township temple. I received 
 my first degree at our township temple; 
 the second degi'ee I -took in this city, in 
 February, after which I returned home and 
 informed Mr. Humphreys of his appoint- 
 ment as Major GeneraL 1 never met with 
 any temple after that, nor to my knowl- 
 edge has Mr. Humphreys. I believe I saw 
 Mr. Humphreys in about ten days after I 
 returned home from this city^ and the 
 papers must have been destroyed by him in 
 March; they were destroyed in our store; 
 I saw him tear them up. I do not know 
 what papers they were, for I did riot read 
 them; Mr. Humphreys, Gray and myself, 
 were at that time partners. In reference 
 to that meeting of armed citizens, Mr. 
 Humphreys said they had sent for him ; he 
 went, and advised them to go home and be 
 peaceable; that the soldiers did not mean 
 to harm them. I have heard that the horse 
 that was taken by the soldiers, was taken 
 to carry a sick soldier a few miles, and that 
 it was so stated, and would be returned. I 
 believe the horses that were taken, were all 
 returned. Mr. Humphreys might have been 
 armed, as he generally carried a revolver. 
 I did not hear any threats made against 
 Mr. Cowgill at that meeting; the people list 
 ened to Mr. Cowgill while he was speaking, 
 and heard all he had to say. The crowd 
 said they came there to get their property 
 from the soldiers. I did not hear any 
 threats made against the soldiers or the 
 Government; nor did I hear Mr. Lincoln's 
 name mentioned. Nor did I hear Mr. 
 Humphreys advise the people to go home, 
 but not to sleep too soundly, though I was 
 there all the time. I know Mr. Hum- 
 phreys said that Mr. Cowgill had been ap- 
 pointed by the Government, and that he 
 must be heard; and I think he was listened 
 to as attentively as Mr. Humphreys was. I 
 have heard Mr. Humphreys during the 
 summer say, that he did not indorse Mr. 
 Lincoln's policy respecting the War, and 
 that he thought the policy of arming the 
 negroes was bad; that the way to remedy it 
 was to beat him at the next election. I 
 have heard him say it was the duty of the 
 people to obey the laws. I never heard 
 any thing about arming members of the 
 order, till I heard of Dodd's having arms 
 here; and I never knew any thin^ of the 
 military organization till the appointment 
 
 of the Major Generals. I understood at the 
 February meeting, that the State was di- 
 vided into three or four districts, and a 
 Major General was appointed for each dis- 
 trict, and their commands, I supposed, were 
 to consist of the members of the Order of 
 American Knights ; I knew nothing of the 
 change of the name of the order to the 
 Sons" of Liberty. I do not know positively 
 whether Mr. Humphreys was at home on 
 the 14th of June; the books do not show 
 any handwriting made by him on tliat day, 
 though he is in the habit of making en- 
 tries. I know he was at home on the 13th. 
 I never saw any members of the organiza- 
 tion drill with or without arms. No assess- 
 ment on our lodge was made, that I know 
 of, for the purchase of arms, or for any 
 other purpose. 
 
 EE-EXAMINATION. 
 
 It was stated at the February meeting of 
 the order, held in this city, that the object 
 of the order was the more perfect organi- 
 zation of the Democratic party, the estab- 
 lishment of a newspaper, and the distribu- 
 tion of campaign documents, etc.; I am 
 not aware that it had any other than a 
 political object, except the appointment 
 of these officers ; and I did not know the 
 purpose for which those appointments were 
 made. I heard Mr. Humphreys say at 
 Linton, that we ouglit to obey the laws as 
 long as they were laws, no matter how 
 oppressive they might be, and that good 
 citizens would do so; that we must bear 
 with them until we had a change in the 
 Administration. The last entry but one 
 made in our books on the 13th of June, 
 for articles sold, is ih the handwriting of 
 Mr. Humphreys. It is sixteen miles from 
 our place of business to Sullivan, the near- 
 est point at which Mr. Humphreys could 
 have taken the cars for this city; and had 
 he left by the first train, he would not 
 probably have been here till 7 o'clock on 
 the evening of the 14th of June. 
 
 The Commission then adjourned, to 
 meet on Friday, November 18, 1864, at 9 
 o'clock, A. M. 
 
 CouBT Room, Indianapolis, Indiana, > 
 November 18, 1804, o'clock, A. M. f 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present. Also, the 
 Judge Advocate, the accused (except W. A. 
 Bowles), and their counsel. 
 
 The proceedings were read and approved, 
 
 D. 0. Dailey, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as follows: 
 
 I reside in Huntington, Indiana, and am 
 a lawyer, I have been intimately ac- 
 quainted with Mr. Milligan eight years; 
 and during the greater part of that time 
 have practiced at the same bar ; politically, 
 I am not a sympathizer with Mr. Milligan. 
 
166 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 Q. You may state what isMr. Milligan's 
 peculiar characteristio with regard to the 
 concealment of his sentiments, or the ex- 
 pression of them openly and publicly, with- 
 out concealment. 
 
 Question objected to by the Judge Advo- 
 cate as immaterial and irrelevant. 
 
 The Court was cleared for deliberation. 
 On being reopened, the Judge Advocate 
 announced to the accused that the objec- 
 tion was sustained. 
 
 I am acquainted with Mr. Milligan's char- 
 acter in the neighborhood in which he lives, 
 and it is good.. His general character as a 
 peaceable, law-abiding citizen, is, good, as 
 far as I understand it. During the last year 
 he has not taken an active part in politics, 
 and during the campaign he took no part 
 at all! Mr. Milligan, as a citizen, has the 
 reputation of being a straight-forward, law- 
 abiding man; as a lawyer, I think him very 
 able; as a politician, I do not think he 
 amounts to any thing at all, for this reason, 
 that he takes special occasion to publish 
 the most ultra and obnoxious sentiments ; 
 and this he has always done, as far as my 
 knowledge extends. Mr. Milligan, I know, 
 was at home on the 22d of February; he 
 was there when T v/ent away; I returned 
 on the night of the 23d, and went to 
 Court next morning, and Mr. Milligan was 
 there. 
 
 On the 20th of July, I know, by reference 
 to my papers, that Mr. Milligan and myself 
 were engaged in Huntington, in the case 
 of Ripley vs. Hipley, before the Mayor. 
 
 EicHABD A. CuRREN, a Witness for the ac- 
 cused, was then introduced, and, being duly 
 sworn by the Judge Advocate, testified as 
 follows: 
 
 My residence is in Huntington; I am a 
 Presbyterian minister, belonging to that 
 part of the Presbyterian body generally 
 denominated old school; my ecclesiastical 
 connection, presbyterially, is with the pres- 
 bytery of Fort Wayne, and synodioally with 
 the presbytery of Northern Indiana. I am 
 acquainted with Mr. Milligan ; I have 
 known him intimately for the past six 
 years. When Mr. Milligan attends minis- 
 terial services any-where, he generally at- 
 tends mine. The general moral character 
 of Mr. Milligan is good. I am acquainted 
 with his general reputation as a peaceable, 
 law-abiding citizen, devoted to the Consti- 
 tution and the institutions of our country ; 
 and that reputation is generally good. 
 
 Q. Have you any means of knowing Mr. 
 Milligan's private or particular views upon 
 the subject of revolution in this State, in 
 the North-west, or in the United States? 
 
 A. I have on s^eral occasions had con- 
 versations with Mr. Milligan on that sub- 
 ject. 
 
 Q. You may state them. 
 , TJie Judge Advocate objected to the 
 question, stating his objection as follows; 
 
 It is perfectly apparent that what Mr. 
 Milligan might have said in outside conver- 
 sations, is immaterial to this Court. It is 
 immaterial and illegitimate. I do not pro- 
 pose to argue that point. The Commission, 
 I think, have already passed upon that 
 question. 
 
 The counsel for the accused replied: 
 *' I propose to limit the time of this con- 
 versation to that covered by the alleged 
 conspiracy. We claim the right to show 
 that the purpose Mr. Milligan had in view 
 in going into the order, was to control and 
 direct it so that it should do no mischief. 
 If his declarations, which are a part of the 
 res gestce, are not admitted in evidence, we 
 can not show his real purposes, which may 
 have been laudable. His declarations as to 
 his purposes, are accompanying facts, and 
 are, we contend, competent in evidence. 
 The counsel here cited He Hari, page 354. 
 Then, again, in the case cited in Hanson, of 
 The Queen vs. Lambert, growing out of the 
 Chartist case, Lambert' was allowed to in- 
 troduce testimony to show that he had 
 made speeches in favor of law and order. 
 
 The same principle is admitted in the 
 case of Mex vs. Whitehead, 11th English Com- 
 mon Law Reports, page 316. Roscoe, in his 
 work on Criminal Evidence, remarks in this 
 case : " On the trial of an indictment for 
 conspiracy to defraud, the written corre- 
 spondence of the defendant with another 
 of the conspirators, relating to the transac- 
 tion in question, was allowed to be read, in 
 order to show that the defendant was de- 
 ceived by his correspondent, and was not a 
 participant in the fraud." Per Best, J., "I 
 think them admissible, for what the parties 
 say at the time, is evidence to show how 
 they acted;" page 89. The same author, on 
 page 22, says: "Where the inquiry is into 
 the nature and character of a certain trans- 
 action, not only what was done, but also 
 what was said by both parties, during the 
 continuance of the transaction, is admissi- 
 ble; for to exclude this, would be to ex- 
 clude the most important and unexception- 
 able evidence. In this case, it is not the 
 relation of third persons unconnected with 
 the fact, which is received, but the declara- 
 tions of the parties to the facts themselves, 
 or of others connected with them in the 
 transactions, which are admitted for the 
 purpose of illustrating its peculiar character 
 and circumstances. Thus it has been held 
 on a prosecution for high treason, that the 
 cry of the mob who accompanied the pris- 
 oner, may be received in evidence as part 
 of the conversation." 
 
 In a foot note, the author says; 
 ''Where the state of mind, sentiment or 
 disposition of a person at a given period be- 
 come pertinen»t topics of inquiry, his dec- 
 larations and conversations, being part of 
 the res gestce, may be resorted to. Barthol- 
 my vs. The People, 2 Hill, 248." 
 
\ 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 167 
 
 These decisions apply to the present case. 
 It has been claimed that this organization 
 was both civil and military, each being dis- 
 tinct. It is pvoper to show the declarations of 
 the accused, in order to showtowhich branch 
 of the organization he bclongqd. If he ex- 
 pressed contempt for the office of Major 
 General, and denounced the military organ- 
 ization, it becomes an important part of the 
 \ res ge-ita:, to show that he had nothing to do 
 with, nor any sympathy with, the ulterior 
 purposes of this organization. It certainly 
 will not be claimed that each one of the 
 eighteen thousand men who have joined this 
 organization is responsible for the acts of 
 Dodd and company. 
 
 Page '24, the same author says: 
 
 " If it be material to inquire whether a 
 certain person gave a particular order on a 
 certain day what he has said or written, may 
 be evidence of the order (see Jenkins case, 1 
 Letcin, 0- G, Hi); or where it is material to 
 inquire whether a certain fact, be it true or 
 false, has come to the knowledge of a third 
 person, what he has said or written, may as 
 clearly show his knowledge, as what he has 
 done." 
 
 Russell on Crime, 2d vol., page 779, says on 
 the same point : 
 
 "As other acts and declarations of the 
 prisoner, besides those charged in the in- 
 dictment, may be given in evidence on the 
 part of the prosecution, so he himself in his 
 defense may, in some cases, prove other acts 
 and declarations of his own, as evidence of 
 his innocence. Thus On a charge of murder, 
 expressions of good will and acts of kind- 
 ness, on the part of the prisoner toward the 
 deceased, are always considered important 
 evidence, as showing what was his general 
 disposition toward the deceased, from which 
 the jury may be led to conclude that his in- 
 tention could not have been what the charge 
 imputes." Also the case of Rex vs. Lambert, 
 the cases of Walker, Hardy, Home Tooke, and 
 Whitehead, Bussell, pp. 779, 780. 
 
 In the case reported in 29/A Georgia Re- 
 ports, page 430, Freeman vs. The State, on a 
 charge of taking a slave from his master, 
 the defendant was permitted to introduce 
 his whole declarations while carrying ofl' 
 the negro, as giving character to the act itself 
 
 As the transactions which, it is alleged, 
 the prisoner was a party to, were each for 
 the overthrow of the Government, it is 
 proper to introduce the declarations of the 
 prisoner as part of the res geslai, and as show- 
 ing his intent. 
 
 The Judge Advocate rephed: 
 
 In proving a case against the accused, we 
 prove his acts; and the only reason why 
 his words are permitted to be proven in the 
 case, is that they tend to prove what his acts 
 havebeen. They are admissions of acts. You 
 can prove admissions against himself, be- 
 cause the law says a man is not going to 
 make admissions against his own interest. 
 
 That is the reason why his words, which are 
 admissions, are permitted to be proved 
 against him. But jou can not pr&ve hia 
 declarations which are in his own lavor, be- 
 cause it is maintained to be constantly giv- 
 ing a favorable tinge to his own conduct. 
 The only case, in which the declarations of 
 the accused in his favor can be given, is 
 when they constitute a part of the distinct 
 act charged, and are a part of the res gesl<e. 
 The words which a man utters while doing 
 an act can be proved, because they are in 
 reality a part of the acts. The Government 
 proves that Humphreys was at a certain 
 illegal meeting. He proves what he said in 
 going, as to his purposes and intentions in 
 going, and what he did, and I do not object, 
 because it is part of the act itself The de- 
 fense can not introduce any declarations ex- 
 cept as they become a part of the res gestce. 
 We prove particular acts, at certain times 
 and places, months intervening between 
 them. The accused can not step in and 
 prove, that between these times, at other 
 places, he made assertions of loyalty. He 
 can not thus purge himself of crime. . 
 
 And further, 1 do distinctly assert, that 
 these eighteen thousand members of the 
 Order of American Knights, or Sons of Lib- 
 erty, are all of them parties to this con- 
 spiracy, and held responsible for what Dodd 
 and others did. I do maintain that when 
 they joined that order with these oaths, 
 they took upon tliemselves the responsibil- 
 ity for the acts of every member who took 
 the same oaths. They can prove character, 
 and the extent of their knowledge of the 
 bad purpose of the order, only in mitigation 
 of their sentence. When they joined an 
 illegal body they became responsible for the 
 acts of all. That is the rule of law ; the 
 onus is then upon them; and they can only 
 meet the proof by showing a want of knowl- 
 edge of the extreme criminal intents of the 
 order, and that they took only the first or 
 vestibule degree. That Jack of criminal 
 knowledge would go in mitigation of the 
 sentence. 
 
 The court room was then cleared for de- 
 liberation on the objection of the Judge 
 Advocate. 
 
 On reopening the Court, the Judge Ad- 
 vocate announced that the objection had 
 been sustained and the question overruled. 
 
 I have heard public declarations made 
 by Mr. Milligan about the Order of the 
 Sons of Liberty, in the presence of a large 
 crowd, and about his being made a Major 
 General in the organization. That declara- 
 tion was made on Jefferson street, in Hunt- 
 ington, and there may have been fifteen or 
 twenty persons present. 
 
 Q. State what these declarations were. 
 
 Question objected to by the Judge Advo- 
 cate. 
 
 The Court was then cleared for delibera- 
 tion. On being reopened, the Judge Advo- 
 
168 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 cate announced to the accused that the ob- 
 jection was sustained. 
 
 This was some considerable length of 
 time before Mr. Milligan's arrest, and was 
 at the time I first heard of the office of 
 Major General being conferred upon him. 
 It was before Dodd's arrest, and was about 
 the time of the exposure of the order in 
 the public prints, though I had not at that 
 time seen them myself 
 
 I am acquainted with Dr. Zumro, and 
 have for the past four years been quite inti- 
 mately acquainted. He lives in Rock Creek, 
 and I preach within four and half miles of the 
 place, and a portion of my congregation re- 
 side in Dr. Zumro's visiting district. I am 
 acquainted with his general reputation for 
 truth and veracity in the neighborhood 
 where he lives. That general reputation is 
 bad : and from that reputation I would not 
 believe him under oath. 
 
 CKOSS-EXAjaiKATIOIf. 
 
 His reputation is bad among the class of 
 men that attend upon my ministry. I am 
 a Democrat, but do not consider myself a 
 Butternut. 
 
 I have heard Mr. Samuel D. Hays fre- 
 quently say that Dr. Zumro was not to be 
 trusted — that he would not place confidence 
 in his word. Mr. Hays is a Democrat. I 
 have also heard Mr. Samuel Brubaker say, 
 during the past four or five years, that Zum- 
 ro was not a man of truth. I heard him 
 say this during last summer. I have heard 
 Dr. Zumro thus spoken of within a month. 
 Mr. Brubaker also spoke of Dr. Zumro as 
 being a traitor to the Democratic party — 
 professing to vote the Democratic ticket, 
 when he held exactly the opposite senti- 
 ments. 
 
 I have heard Mr. John Brubaker fre- 
 quently speak of him in the same way. 1 
 have heard him so speak within the last 
 two months, when I was at his house. Dr. 
 Zumro had complained to me that the Dem- 
 ocrats had not patronized him — that af- 
 ter he had voted the Democratic ticket, 
 his patronage had fallen oflF, and requested 
 me to make use of my influence to get 
 people to employ him. In the course of 
 the conversation, Mr. Brubaker safd that 
 he had no confidence in the Doctor, Mr. 
 Brubaker and his brother ate Democrats. 
 I have also heard James Bandwit repre- 
 sent him as a decidedly deceptive man; 
 Mr. Bandwit is a Democrat. I have heard 
 Mr. Peter Bandwit speak of him in the 
 same way. I have known Mr. Peter Band- 
 wit for six years, but I do not know whether 
 lie is a Democrat or not. 
 
 Soon after I bepame acquainted with Dr. 
 Jlutnro, I was cautioned as to the amount 
 of confidence I should place in him. 1 
 hoard his character spoken of to great dis- 
 advantage fully four years ago. At one 
 time I felt interested in him; I stayed at 
 
 his house one night, and have called on 
 him often, and he has called at our house, 
 and we regarded him as a pleasant man, 
 but he did his utmost to get me and others 
 into this organization, and thus involve us 
 in trouble. I have no particular animosity 
 toward the Doctor on that ground. Since 
 the sitting of this Commission, I have re- 
 fused to hold any communication with him, 
 as I do not consider it safe to talk with 
 him. But I had the most kindly feeling 
 toward him, up to the time I discovered 
 his treachery toward me; still I have.no ill 
 feeling toward him. I could do him a 
 kindness now as well as I ever did. It is 
 not a fact that the church over which I 
 preside is composed almost entirely of Dem- 
 ocrats; nor is it true that Union men 
 have refused to attend my preaching on 
 account of my disloyal sentiments. I sup- 
 pose that most of those who attend my 
 preaching belong to the Democratic party, 
 but others do attend. The Democrats 
 would be but a small majority. I have not 
 said to any person that the Eepublicans re- 
 fused to attend my ministry. 
 
 I never excluded one of my own daughters 
 from my house for marrying a Union man, 
 nor did I threaten to whip her for that 
 offense. I never laid a hand on hei-. My 
 daughter visits my house now when she is 
 inclined, and my wife visits her. 
 
 Q. Did you use any violence whatever to- 
 ward her? 
 
 A. None whatever. 
 
 Q. Did you not call her an Abolitionist? 
 
 A. I never did. 
 
 Q. Have you not yourself, and have not 
 members of your family, worn Butternut 
 badges at public meetings ? 
 
 A. No, sir; neither mj'self nor family; 
 I do not approve of such things. 
 
 RE-EXAMINATlON. 
 
 The trouble about my daughter grew out 
 of the fact that ] did not wish her to marry 
 at that time, on account of her ill health; 
 she was at that time suffering from the 
 effects of a sun-stroke. After she had left 
 my house I was so interested in her, that 
 I went after her in company with Mr. Cof- 
 froth. 
 
 Some of the strongest Eepublicans in 
 the town of Huntington have attended my 
 preaching, among others Mr. Davis, who 
 said the reason he attended, was because I 
 abused no persons, but preached the gospel 
 I received a Christmas present of four or 
 five hundred dollars ; I was furnished with 
 a list of the donors, and many of them 
 were Republicans. Mr. Milligan's name 
 was not on the list. The men whom I have 
 mentioned as speaking of Dr. Zumro's 
 character, are the most respectable farmers 
 in theplace, and there are others I have not 
 mentioned, who speak of him in the same 
 way; that reputation has been the same 
 
TREASON TRIALS AT INDjIANAPOLlS. 
 
 169 
 
 for some years past. Those who have thus 
 spoken against Dr. Zumro are not, accord- 
 ing to their own declarations, members of 
 the Order of American Knights or Sons of 
 Liberty. 
 
 The Commission then adjourned, to meet 
 at 2 o'clock. 
 
 AFTERKOON SESSJON. 
 
 Court Roou, Indianapolis, Indiana, ) 
 Novembor 18, 18ti4, 2 o'clock, P. M. J 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present; also, the Judge 
 Advocate, the accused (except W. A. Bowles), 
 and their counsel. 
 
 John Gr. Sootton, a witness for the ac- 
 cused, was then introduced, and, being duly 
 sworn by the Judge Advocate, testified as 
 follows : 
 
 I live in Huntifigton, and am a farmer; 
 I am Justice of the Peace. I have lived in 
 the neighborhood twenty-two years. I have 
 known Dr. Zumro about seven years, and 
 I am acquainted with his general rep- 
 utation for truth and veracity in the 
 neighborhood in which he lives. That rep- 
 utation is bad ; and from that general rep- 
 utation I would not believe him under 
 oath. 
 
 CROSS-EXAMINATION. 
 
 I have heard Albert Draper, who I believe 
 is a Republican, say that Dr. Zumro was not 
 an honest man; I do not know that he said 
 any thing against his truth and veracity. 
 1 have heard Dr. Scott say, that he did not 
 consider him a true man ; he said he was 
 a bad man. I have heard Thomas Smith 
 speak of him; his opinion was, that he was 
 a mean man. I have heard Jacob- Bausch 
 say that he was a damned mean man, and 
 that he would not believe him under oath. 
 Adam Smith spoke against his truth and 
 veracity. 
 
 Q. Do you belong to the Union or the 
 Democratic party ? 
 
 Question objected to by the accused. 
 
 The Court was then cleared for delibera- 
 tion; on being reopened, it was announced 
 by the Judge Advocate that the objection 
 was overruled. 
 
 A. I voted the Democi-atic ticket. I do 
 not belong to any secret organization. I 
 do not know but that I joined a secret or- 
 4er called the "Mighty Host." I took the 
 oath, but never acted with them. 
 
 RE-EXAMINATION. 
 
 Dr. Scott, Adam Smith, and Mr. Draper, 
 of whom I have spoken, are Eepubli- 
 cans. For the last four years Dr. Zumro 
 has been holding himself out as a Demo- 
 crat, professing to act with the Demo- 
 cratic party. It was during this time that 
 these Democrats thus spoke of him. 
 
 William Satleb, a witness for the accused, 
 
 was then introduced, and being duly sworn 
 by the Judgq Advocate, testified as fol- 
 lows .' 
 
 I reside in Markle, and am a house carpen- 
 ter ; I have lived there some twelve or thir- 
 teen years ; I have known Dr. Zumro ever 
 since I have lived in the place. I know his 
 general reputation for truth and veracity; 
 that reputation is bad; and I would not be- 
 lieve him under oath. 
 
 CROSS-EXAMINATION. 
 
 I am a Democrat; I belonged to a secret 
 society called the Mighty Host. I do not 
 know that that society merged into the 
 Sons of Liberty, though I saw it mentioned 
 in the papers. Dr. Zumro and I have not 
 been friends, but I have never to any per- 
 son made threats against Dr. Zumro. 
 
 RE-EXAMINATION. 
 
 The society called the "Mighty Host," 
 existed about three years ago, and I was 
 only present at one meeting, and had 
 nothing to do with it afterward. 
 
 George Bailey, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as fol- 
 lows: 
 
 I reside in Union township, "Wells county, 
 Indiana, and am a house carpenter; I have 
 known Dr. Zumro seven or eight years. I 
 am acquainted with his reputation for 
 truth and veracity; it is bad, and I would 
 not believe him under oath. 
 
 cross-examination. 
 
 I have always voted the Democratic ticket. 
 I belonged to the Order of the Sons of 
 Liberty, but only attended two meetings. 
 I also belonged to the society called the 
 Mighty Host; that was before the Sons of 
 Liberty. 
 
 RE-EXAMINATION. 
 
 I have heard conversations in regard to 
 Dr. Zumro's want of truth and verp,city, 
 from both Republicans and Democrats. 
 
 William Allen, a, witness for the ac- 
 cused, was then introduced, and, being duly 
 sworn by the Judge Advocate, testified as 
 follows: 
 
 I live in Markle, Huntington county, In- 
 diana, and am a blacksmith. I have been 
 acquainted with Dr. Zumro seven or eight 
 years. I am acquainted with his reputa 
 tion for truth and veracity, and that repu- 
 tation is bad; I would not believe him 
 under oath. 
 
 CROSS-EXAMINATION. 
 
 I belong to the Democratic party I 
 think Dr. Zumro's reputation in the neigh- 
 borhood in which he lives may be as good as 
 my own. I have never heard Mr. Coflfroth 
 say in the Common Pleas Court, of our 
 county, that he would not believe him un- 
 
170 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 der oath. I am not a member of the Or- 
 der of Sons of Liberty, nor of the Circle of 
 the Mighty Host. 
 
 WiLT.TAM Wolf, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as fol- 
 lows: 
 
 I live in Eock Creek township, and am 
 a farmer. I am acquainted with the repu- 
 tation of Dr. Zumro for truth and vera- 
 city in th(! neighborhood in which he lives. 
 That reputation, from what I have learned, 
 is bad, and I would not believe him under 
 oath, 
 
 CROSS-EXAMINATION. 
 
 I belong to the Democratic party. I 
 joined a secret society that, I think, was 
 called the Circle of the Mighty Host, but 
 I only attended one meeting. I never 
 learned what was the purpose and object 
 of the order, and I left it because I thought 
 it did not amount to much. I understood 
 it was a loyal organization. 
 
 W. M. SwASET, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as fol- 
 lows: 
 
 I reside in Huntington, and am a phy- 
 sician and surgeon. I have practiced medi- 
 cine for twenty years. I have been Mr. 
 Milligan's physician since I have been at 
 Huntington — though Dr. Layman has at- 
 tended Mrs. Milligan. Mr. Milligan was 
 taken sick in August, and consulted me be- 
 fore he went to the Chicago Convention ; 
 he again consulted me after his return. 
 My first charge I notice is for the 7th of 
 September. About the 12th of September 
 I first visited Mr. Milligan, when he was 
 confined to his bed with bilious intermit- 
 ting fever of the nervous character, which 
 had assumed a typhoid form. I had to ad- 
 minister calomel, mercurials and opiates. 
 He was consequently very nervous and ir- 
 ritable, and was scarcely rational any part 
 of the time I was there during my daily 
 visits. I continued to treat him up to the 
 time he was arrested, and though much 
 imfiroved, he was then very feeble. On the 
 12th, when I commenced giving him opium 
 and morphine with mercurials and qui- 
 nine, and for ten days from the 12th, he 
 was continually under the influence of an- 
 odynes. During this time he was what 
 might be called flighty. 
 
 George Bailet was then recalled as 
 a witness for the Government, and testified 
 as follows : 
 
 The witness was requested to look at 
 the following obligation, and state if that 
 was the obligation of the Mighty Host. 
 
 The following oath, purporting to be the 
 obligation administered to the Knights of 
 the Golden Circle in De Kalb and Allen 
 counties, Indiana, was then read by the 
 Judge Advocate: 
 
 "I, , do solemnly swear, in the 
 
 presence of Almighty God, that I will go to 
 the relief of all good and loyal Democrats, 
 and will not suffer the confiscation of their 
 property, either North or South; and I fur- 
 ther promise that I will suffer my body to 
 be severed in four parts, one part to be cast 
 out at the east gate, one part out at the west 
 gate, one part out at the north gate, and 
 one part out at the south gate, before I will 
 suffer the privileges bequeathed by our 
 forefathers to be blotted out or trampled 
 under foot forever. I further promise and 
 swear, that I will go to the aid, from the first 
 to the fourth signal, of all Democrats, Korth 
 or South. I further promise and swear, 
 that I will not reveal any of the secret 
 signs, passwords, or grips, to any one not 
 legally authorized by this order to receive 
 the same, binding myself under no less a 
 penalty than having my bowels torn out, 
 and cast out to the four winds of heaven ; 
 so help me God. I further promise and 
 swear, that I will do all in my power to 
 bring all good Democrats into this Circle of 
 Hosts. I further promise and swear, that I 
 will do all in my power, by all honorable 
 means, and all other means in reach, to sub- 
 vert, or overthrow, the present damnable, 
 Yankee, Abolition Administration; so help 
 me God." 
 
 I do not think this is the obligation I 
 took; nor do I ever remember hearing of 
 such a one. The obligation I took agreed 
 to sustain the Constitution of the United 
 States, and the Constitution of Indiana. 
 The penalty for revealing the secrets of the 
 society, was, that we were to be' torn into 
 four parts. 
 
 The Commission then adjourned, to meet 
 on Monday, the 21st of November, 1864, at 
 2 o'clock, P. M. 
 
 CouBT -Boom, Imsianafolis, Indiana, ) 
 Kovember 21, 180i, 2 o'clock, P. M. J 
 
 The Commission met pursuant to adjourn 
 ment. 
 
 All the members present. Also, the Judge 
 Advocate, the accused (exceptW. A. Bowles), 
 and their counsel. 
 
 The proceedings were read and approved. 
 
 The following dispatch was then read to 
 the Court by the Judge Advocate : 
 
 '' Washington, D. C, Kovember 18, 1S64. 
 'To Major H. L. Burnett, Judge Advocate: 
 
 "This is authority from the Secretary of 
 War to retain Colonel Ansel D. Wass, 60th 
 Massachusetts, as member of Court-martial, 
 as requested in your telegram of yesterday, 
 to Judge Advocate General. 
 
 [Signed] "THOS. M. VINCENT, 
 "A A. O." 
 
 The following was then submitted by the 
 counsel for the accused, William A. Bowles: 
 " To the President and Members of the Military 
 
 Commission: 
 
 " I hereby waive any objection to the ab- 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 171 
 
 sence of Colonel A. D. Wass, 60th Massa- 
 chusetts, during the past few days ; and do 
 now consent to his taking his seat as a 
 ihember of the Commission, and request 
 that he may do so ; and I hereby waive all 
 objections that might otherwise be raised 
 against his remaining on said Commission, 
 until the close of my trial ; and legalize and 
 sanction the same as far as my request and 
 full consent thereto can possibly do. 
 
 [Signed] "W. A. BOWLES. 
 
 "November 21, 18C4. 
 
 [Signed] "J. W. GORDON, 
 
 "M. M. EAY." 
 
 Colonel Wass, being present in Court, by 
 consent and expressed desire of all the ac- 
 cused, then took his seat as a member of 
 the Commission. 
 
 William Hikes, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as follows : 
 
 I live in Green county, in this State, and 
 am a farmer. I am acquainted with the 
 acjjused, Andrew Humphreys. I have 
 known him from twelve to fourteen years. 
 Politically, we do not agree. I know that 
 Mr. Humphreys has abused the Adminis- 
 tration since the war broke out. Since that 
 time I have heard him deliver two political 
 speeches. In the first speech 1 heard him 
 make, he criticised the acts of the Govern- 
 ment pretty severely. Speaking in relation 
 to the draft, and obedience to the law, he 
 used about this language : "I advise no man 
 to resist the draft, nor evade any law passed 
 by Congress, but I advise all to be good, law- 
 abiding citizens." That speech was made dur- 
 ing the summer of 1S63, in Green county, on 
 what is called the Five Mile Piaiiie. It was 
 delivered to the citizens of Wasliington town- 
 ship; and there were, perhaps, one hundred 
 or one hundred and fifty men and women 
 there. In his remarks he paid a good deal 
 of attention to the financial policy of Mr. 
 Chase. He wound up by telling the people 
 that they had better not resist the draft, or 
 the law of the United States. There had 
 been some talk about house-burning, and I 
 remember Mr. Humphreys directed his re- 
 marks to me in his speech, and .said that he 
 would knock the chunk out of any man's 
 hand that would attempt to set fire to my 
 property, or to any Republican's property. 
 I think I was the only Republican at the 
 meeting. The ne.xt occasion on which I 
 heard him, was about the middle of Sep- 
 tember last, a few days prior to his arrest. 
 He was speaking to the citizens of Green 
 and Sullivan counties. This speech was 
 made in the town of Linton. I was only 
 passing by, and heard but part of it. A good 
 many people were present. I heard him 
 say that resistance to the Government 
 would not do at all, in any shape or form. 
 That resistance was sure to bring disaster 
 upon them. That they must remain at 
 
 home, and quietly submit to the laws of the 
 Government. I believe he proposed to re- 
 ceive money to pay for substitutes for 
 drafted men, who could not aftbrd to get 
 them themselves. I may have heard him 
 speak five minutes; 1 was sitting on my 
 horse at the time ; I did not hear any one 
 else address the meeting. He exhorted 
 them to obey the laws. There seemed to 
 be some excitement among a part of those 
 who were present, and I think it was in re- 
 gard to the resistance of the draft. I so 
 judged from what I heard them say. .The 
 reason why the people were "down" on 
 him, as I understood, was for advising them 
 to submit to the draft. Mr. Humphreys 
 has for years been an active Democrat, and 
 has usually taken an active part in all polit- 
 ical matters in the county. He is a man of 
 influence in the party. 1 believe Mr. Hum- 
 phreys' reputation is that of a moral man ; 
 I do not know that he is a religious man, or 
 that he makes any pretensions to religion. 
 As to his political principles, some of my 
 friends call him a "Butternut" and a "Cop- 
 perhead," and even a "traitor," speaking of 
 him politically. Outside of mere political 
 controversies, I believe that the majority of | 
 his neighbors consider him a loyal man. 
 
 WiLLi.i-M JoHxsoN, a witness for the ac- 
 cused, was then introduced, and, being duly 
 sworn by the Judge Advocate, testified as 
 follows : 
 
 I reside in Green county, Indiana. I am 
 a farmer. I am acquainted with Andrew 
 Humphreys; I live about a mile and a half 
 from where he does business, and about six 
 miles from his residence. I have known 
 him for ten Jears. I am acquainted with 
 his general reputation and moral character, 
 and as a law-abiding citizen, and it is good. 
 Politically, I difier from Mr. Humphreys. 
 His general reputation outside of what 
 politicians say in our county, and so far as I 
 know, he is respected by both parties. I 
 heard him malce a speech, I think, in August 
 last, in Linton, Green county. It was de- 
 livered to the citizens of Green and Sullivan 
 counties. It was a Democratic political 
 meeting. Mr. Burton, of Sullivan, spoke. 
 Mr. Humphreys, in .his remarks, quoted 
 i'rom Jefferson's writings, and from Washing- 
 ton's farewell address; and he spoke of se- 
 cession as the right of a State. 
 
 He uttered no sentiment or exhortation 
 to tlie people to resist the laws, or to oppose 
 the Government. Mr. Humphreys has 
 always expressed himself personally to me 
 in favor of obedience to the laws. 
 
 Q. State whether or not Andrew Hum 
 phreys in the localities of Green and Sulli 
 van counties has, according to; your obser- , 
 vation, been engaged in exciting and in- 
 flaming, or allaying the passions of the 
 people ? 
 
 Question objected to by the Judge Advo- 
 cate, and withdrawn. 
 
172 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 CROSS-EXAMlNATIOir. 
 
 In Mr. Humphreys' speech, I understood 
 him to argue in favor of the right of a State 
 to secede, and that secession, therefore, was 
 right. I can not say that he endeavored to 
 convince tlie people of this in his speech, 
 but such seemed to be the inference from 
 the extracts v?hich he read. Among the 
 people of our county, the character of Mr. 
 Humphreys is not considered loyal. 
 
 RE-EXAMINATIOK. 
 
 When I speak of those who do not con- 
 sider Mr. Humphreys loyal, I mean the 
 Union party, and it embraces some Demo- 
 crats. I only consider those loyal who are 
 in favor of the prosecution of the war for 
 the suppression of the rebellion. That is my 
 only test of loyalty. 
 
 Q. Did he argue that while the Federal 
 Government could enforce its laws against 
 indivichials, that yet there was no power to 
 coerce Slates in their sovereign capacity ? 
 
 Question objected to by the Judge Advo- 
 cate, and withdrawn. 
 
 The Commission then adjourned, to meet 
 on Tuesday, November 22, at 10 o'clock, 
 A.M. 
 
 COTJBT ItOOH, lNDIAN.\POLIS, INDIANA, ( 
 
 November 22, 1864, 10 o'clock, A.M.) 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present. Also, the 
 Judge Advocate, the accused (except W. 
 A. Bowles), and their counsel. 
 
 The proceedings were read and approved. 
 
 William C. Kochek, a witness for the ac- 
 cused, was then introduced, and, being duly 
 sworn by the Judge Advocate, testified a^ 
 follows: 
 
 I reside in Huntington county, and prac- 
 tice law. I am Mayor of Huntington bor- 
 ough. I have known Mr. Milligan for ten 
 years; and am acquainted with his general 
 moral reputation, in the neighborhood in 
 which he lives; that reputation is good. 
 His reputation also as a peaceable, orderly, 
 law-abiding citizen has been good in that 
 community as far as I know. The relations 
 existing between myself and Mr. Milligan 
 since the summer of 1855, have not been 
 friendly. ^ 
 
 CROSS-EXAMINATION. 
 
 The reason why my relations have not 
 boen very friendly with Mr. Milligan are, 
 that when I came to Indiana, a young man 
 and a stranger, Mr. Milligan was one of the 
 older members of the bar, and he took a 
 strong position against me. I am not aware 
 that' he had any reason for bo doing. He 
 opposed other young attorneys in that place 
 in like manner. His opposition took the 
 form of brow-beating when I appeared as 
 counsel on the opposite side. In politics I 
 
 am a Democrat, though I do not belong to 
 Mr. Milligan's party; I am a War Democrat. 
 In saying that Mr. Milligan's general char- 
 acter is good, I do not refer to his reputation 
 as a loyal man in the support of his Gov- 
 ernment. 
 
 Joseph .Johnson, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as follows: 
 
 I reside in Wells county ; my occupation 
 is farming. I am acquainted with Dr. 
 Zumro, of Markle; I have known him some 
 ten years. I am acquainted with his gen- 
 eral reputation for truth and veracity in 
 the neighborhood in which he lives, and 
 know that that reputation is bad, and I 
 could not believe him under oath. I be- 
 came a member of the Sons of Liberty 
 about June or July last, in Eockcreek town- 
 ship, Wells county. I was initiated in com- 
 pany with Dr. Zumro, John Hautz, Isaac 
 Decker, Henry Johnson and Nathan John- 
 son; I joined at the solicitation of Dr. 
 Zumro. Dr. Horton, who initiated us, told 
 us it was an organization to support the 
 Constitution of the United States, and the 
 Constitution of the State of Indiana, and to 
 protect the rights and liberties of the peo- 
 ple at the ballot-bos. He said nothing 
 about the organization being intended to 
 subdue the Abohtionists, resist the draft, or 
 assist the Southern Confederacy. The mil- 
 itary part of the organization was gotten 
 up by Dr. Zumro, or, at any rate, the sub- 
 ject was introduced by him, but for what 
 purposes 1 can not tell. I went with Dr. 
 Zumro, at his request, in September, to see 
 Mr, Milligan. Dr. Zumro asked him what 
 we should do about the draft ; Mr. Milligan's 
 reply was, "We can not do any thing." Dr. 
 Zumro asked what the boys were doing 
 about Huntington; his reply was, "They 
 are doing the best they can, they are hiring 
 substitutes, and every man is taking care of 
 himself in the best manner he can." The 
 Doctor said, " I do not like to submit to the 
 draft myself, but I think it would be a poor 
 chance for a man to try to get away." Mr. 
 Milligan replied, " If I were to make an 
 attempt to get away, I would not be afraid 
 of twenty men arresting me." Nothing 
 was stated to the efifect that if a revolt was 
 started by ten men, others would flock in 
 in large numbers ; Mr. Milligan at the time 
 was very sick on his bed. The Doctor spoke 
 a few words to him, and he replied that he 
 was very weak, and did not wish to con- 
 verse.' Dr. Zumro stated to me, after leav- 
 ing Mr. Milligan, that if he was drafted he 
 would take medicine and be sick all the 
 time, and if I was drafted he would serve 
 me in the same way. When Dr. Zumro 
 asked Mr. Milligan what the order was going 
 to do about the draft, to the best of my 
 recollection Mr. Milligan said that the order 
 was disbanded, and that he could not es 
 pect any thing from it. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 173 
 
 CKOSS-EXAMINATION. 
 
 On the morning of the day on which I 
 saw Mr. Milligan, I called at Dr. Zumro's 
 house, as we had arranged the night hefore 
 at a meeting of the Sons of Liberty; some 
 twenty-five or thirty members were present, 
 and John Hautz, who was the Grand Seign- 
 ior, presided. At that meeting Dr. Zumro 
 was requested by some membera to go to 
 Huntington to see Mr. Milligan, and the 
 Doctor invited me to accompany him. It is 
 eleven miles from where I live, and we 
 went on horseback. The meeting was held 
 at Jacob Farling's, Eockcreek township, 
 Wells county, and Dr. Zumro was the only 
 member present from Huntington county. 
 I never attended any meeting at Hunting- 
 ton township. I think that Mr. Milligan 
 had said that the order was disbanded ; it 
 was not at that time iu our township ; I did 
 not, however, so state to Mr. Milligan. Dr. 
 Zumro was appointed by the meeting in 
 general, as a committee to visit Hunting- 
 ton; at the same time Jacob Farling was 
 sent to Bluifton to see what they were going 
 to do about the draft, I suppose. Nothing 
 was said in the meeting, to my knowledge, 
 as to what they were to be sent for, or who 
 they were to see; and it was only as we 
 were going along, that Dr. Zumro said that 
 he thought Mr. Milligan was about as good 
 a man to see as we could go to. The mili- 
 tary article which Dr. Zumro introduced to 
 the order, he said, was written by Mr. Mil- 
 ligan; at the next meeting he pretended 
 Mr. Ibach wrote it; I do not remember 
 how many members signed it ; I did ; but T 
 never drilled. There was no rule requiring 
 us to drill I have no arms, except a rifle 
 and a revolver, which I have had for some 
 years. The draft was frequently spoken of 
 by members, but no decision was come to. 
 Some talked of hiring sub.stitutes, and oth- 
 ers proposed running off. Something might 
 have been said about resisting the draft, 
 but not by the Jeaders of the organization. 
 Some said, " I will resist;" some, " I will 
 fight or run off." On our return from Hun- 
 tington we met Mr. Samuel Day ; but I did 
 not say to him or to Mr. Coffroth, or Mr. 
 Winters, whom we saw afterward, that Mr. 
 Milligan had advised resistance to the draft, 
 nor did I hear it said by any body. Mi-. 
 CJofiroth, I remember, advised us to go home 
 and rest easy about the draft, or something 
 like that.* 
 
 Samuel Winters, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as fol- 
 lows: 
 
 *In giving the testimony of unimportant witnesses, it 
 has been the aim of the Kditor to omit all irrelevant 
 matter, or matter that did not elicit, or confirm, some 
 fact inquired for. The record of the examination of this 
 ■witness — an exceedingly ignorant one — fills thirty-nine 
 pages of legal cap, averaging two hundred words to a 
 page, but the brief synopsis Here given contains all the 
 lacts to which he testified. 
 
 I reside in Huntington, Indiana, where 
 I publish the Huntington Democrail, a Dem- 
 ocratic newspaper. I became a member 
 of the American Knights — but not of the 
 Sons of Liberty — in .Huntington, sometime 
 in October, 1863. Mr. Milligan was a mem- 
 ber of that association, but held no ofllce. 
 He used his influence to prevent any but 
 responsible and respectable men from be- 
 coming members; I never. Icnew of any ef- 
 forts on his part to extend the organization 
 or establish branch temples. The order 
 was disbanded sometime in April, and we 
 ceased to meet as an organization. It never 
 was merged into the Sons of Liberty. I 
 was a delegate from the Huntington tem- 
 ple to the Council held here in February; 
 Mr. Milligan was not present; I know it 
 from the fact that I asked him to attend 
 with me, and he declined on account of 
 being too unwell. I attended the meeting 
 of the Council on the afternoon of the 17th ; 
 I know nothing of Mr. Milligan's appoint- 
 ment as Major General. 
 
 I am only slightly acquainted with Dr. 
 Zumro; I know him when I see him. In 
 September last he called at my ofiice in 
 company with another man, and asked, me 
 what the order was going to do about the 
 draft; I asked "What order?" He then 
 asked, "What are the boys going to do 
 about the draft ?" I said, "1 do not know." 
 I inquired, "What do you propose to do ?" 
 His reply was, "to resist it;" to which I 
 rejoined, " If you think so, why the devil 
 don't you resist it?" I had no knowledge 
 at the time of the part he was playing, 
 but I did not trust him, and did not want 
 to have any thing to do with him. 
 
 I understood the object of the Order of 
 American Knights was to disseminate cor- 
 rect political principles in relation to the 
 theory of our Government; and also as an 
 offset to the Union League in our county. 
 I understood it to be a purely political or- 
 ganization, and it had no avowed purpose 
 of resisting the draft or any law of the 
 Government. 
 
 1 was present at the Fort Wayne meet- 
 ing, and heard the whole of Mr. Milligan's 
 speech. It was in his usual style, elaborate 
 argument, and, as I thought, not suited 
 to the occasion, and was not calculated to 
 create any enthusiasm among the masses. 
 Nothing was said denunciatory of the Gov- 
 ernment. Mr. Milligan always separated 
 the Administration from the Government; 
 whether he did in that speech or not, I can 
 not distinctly remember. I believe he 
 stated that opposition would occur under 
 any Administration, and that if there were 
 any present who expected him to arraign 
 the Administration, they would be disap- 
 pointed, as he would leave that to persona 
 who delighted to arraign it. He spoke of 
 coercion ; he denied the power of the Gov- 
 ernment to coerce States, but admitted its 
 
174 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 power to coerce individuals. Nothing to 
 my recollection was said calculated to ex- 
 cite insurrection, or resistance to the draft; 
 if any thing had been said, I should proba- 
 bly remember it. I made a report of that 
 speech at the time, but have not consulted 
 it recently. I have been intimately ac- 
 quainted with Mr. Milligan since the fall 
 of 1858, and I know his general reputation 
 as to moral character in that community; 
 it is good; and also his reputation as a 
 peaceable, law-abiding citizen, which is also 
 good. 
 
 Q. Are you acquainted with his general 
 character as a loyal man, well disposed to 
 the preservation of the Government ? 
 
 A. I do not know what you mean by the 
 word "loyal." I am acquainted with his 
 general reputation for attachment to the 
 general principles of our Government, and 
 its preservation ; it is good. 
 
 CEOSS-EXAMINATIOK 
 
 I understand Mr. Milligan to be in favor 
 of the Union of the States, but I do not 
 know that he is favor of the prosecution of 
 the war for the suppression of the rebel- 
 lion. In conversations which I have had 
 with him, he has always maintained that a 
 war waged against foreign States was an ab- 
 surdity, and I have heard him say that he 
 was against the present war, because it was 
 an unconstitutional one. He is, therefore, 
 opposed to the prosecution of the present 
 war, and I have heard him say so. He 
 said at the Fort Wayne meeting, that the 
 existing war was an absurdity. He said that 
 if the war was right, the draft was right; 
 but he did not say that if the war was 
 wrong, the draft was wrong. I never saw any 
 thing of the military part of the order 
 until I saw it in the public prints. The 
 purpose of the order was the inculcation 
 of correct opinions or principles of Govern: 
 ment, among which were the Kentucky 
 Eesolutions of 1798. These resolutions I 
 understand give the States the right to 
 judge of their own grievances, that they 
 are on an equalfty with the General Gov- 
 ernment, and are co-equal with it, and may 
 be so construed as to give them the right 
 to dissolve the contract I was initiated in 
 the three degrees of the order by Dodd, 
 who took us through the three degrees the 
 first evening. I took the obligation and as- 
 sented to its principles. The expression, 
 "the Supreme Commander shall be Com- 
 mander-in-chief of all military forces be- 
 longing to the order, in the various States 
 when called into active service," I consid- 
 ered a figurative expression. I remember 
 this part of the obligation which I sub- 
 scribed to: 
 
 "I do further promise, that I will, at all 
 times, if needs be, take up arms in the 
 cause of the oppressed — in my country first of 
 all — against any monarch, prince, potentate, 
 
 power, or government usurped, which may 
 be found in arms, and waging war against 
 a people or peoples, who are endeavoring to 
 establish, or have inaugurated, a govern- 
 ment for themselves, of their own free 
 choice, in accordance with, and founded 
 upon, the eternal principles of truth, which I 
 
 have sworn in the V , and now in this 
 
 presence do swear, to maintain inviolate 
 and defend with my life. This I do prom- 
 ise, without reservation or evasion of mind; 
 without regard to the name, station, condi- 
 tion or designation of the invading or co- 
 ercing power, whether it shall arise within 
 or come from without." 
 
 I do not know that it had any reference 
 to an attempt to establish a government 
 within this Government I did not under- 
 stand that the order was to assist in the 
 establishing of the Southern Confederacy; 
 1 did not understand it so, nor do I believe 
 that they have established a separate Gov- 
 ernment; they have established a sort of a 
 Government, but I do not understand that 
 it is their intention to absolve themselves 
 from their allegiance to the old Union of 
 the States. I believe if the Constitution 
 was construed as the Supreme Bench con- 
 strued i^in the Dred Scott case, they would 
 come back to the Union. I do believe that 
 they are waging war to establish a separate 
 Government, but that they intend to come 
 back to the Union. I do not think that 
 the President of the Southern Confederacy, 
 when he said that they were trying to es- 
 tablish a separate Government, represented 
 the people of the South. I could not say 
 that any prominent man in the South has 
 said other than that they were fighting to 
 establish a separate Government, but I have 
 read something from Alexander H. Stephens 
 in which he does not say they will not come 
 back ; and though he may not have said a 
 word in favor of it, he has said nothing 
 against it. There is not, to my recollection, 
 any thing he has said in favor of any peace, 
 save on the terms of equality. I do not 
 believe that the Southerners are fighting 
 for a separate Government, but for the Con- 
 stitution as interpreted by the Dred Scott 
 decision. That decision is in relation to 
 their slave property — they want guarantees 
 to protect it in transit through the States, 
 and the right to take it into the Territo- 
 ries. This is my own judgment. I have 
 also seen it advocated in public prints, more 
 especially the New York Day Book. I re- 
 collect reading copious extracts from South- 
 ern speeches, avowing that they were not 
 fighting for a separate Government I as- 
 sert that the South has been fighting for 
 their rights as defined in the Dred Scott 
 decision, and I regard the reason of their 
 flying to arms to obtain that which they 
 already had a right to, by the decision of 
 the Courts of the land, with the whole ex 
 eoutive power of the Government pledged 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 175 
 
 to enforce if; that they supposed their 
 rights would not be sufficiently respected 
 to suit them ; and I do not think the de- 
 cision in that case was enforced to suit 
 them. 
 
 Q. Can you tell when and where that de- 
 cision was not enforced ? 
 
 Question objected to by the accused, for 
 the ];eason that it was not pertinent to the 
 question in issue in this trial. 
 
 The Judge Advocate said : 
 
 This witness has undertaken to state that 
 Mr. Milligan was loyal in his sentiments, 
 reputation and character, and devoted to 
 the maintenance of the laws and Constitu- 
 tion of his country; and he further said, 
 that the order had nothing in it but a sim- 
 ple exposition of the theories of the Gov- 
 ernment, as held by certain persons. I 
 deem it material to show this Court that 
 Mr. Milligan's principles were opposed to 
 the Constitution, and to the very life of the 
 Government itself; that the theories pro- 
 m.ulgated in this order were false, disloyal, 
 and destructive of the foundations of good 
 order and of society. That the foundations 
 of the order were lies, and that it was trea- 
 sonable in its very inception and organiza- 
 tion. This goes to the very foundation of 
 the issue. It becomes material to show 
 what these principles were. It is important, 
 further, in this view: they call members of 
 the order as witnesses, who swear that this 
 order is loyal ; that there is no harm in it, 
 so far as they knew. We must get at the 
 foundation of their belief, to judge of the 
 credibility and force of their testimony. 
 Without doing this, the Commission can 
 not judge what principles, theories, or acts, 
 they believe to be loyal, and what disloyal. 
 
 The court room was then cleared for de- 
 liberation. 
 
 On reopening the Court, the Judge Ad- 
 vocate announced that the objection had 
 been overruled. 
 
 The Commission then adjourned, to 
 meet on Wednesday, November 23, 1864, at 
 9 o'clock, A. M. 
 
 CouBT Boom, iNDiAKiPOLia, Indiama, 1 
 Kovember 23, 1804, 9 o'clock, A. M. j 
 
 The Commission met pursuant to ad- 
 journment. 
 
 All the members present. Also, the 
 Judge Advocate, the accused (except Wm. 
 A. Bowles), and their counsel. 
 
 The proceedings were read and approved. 
 
 The examination of Samuel JF. Winters, 
 a witness for the accused, was then resumed, 
 as follows : 
 
 I can not state when and where the Gov- 
 ernment has failed to execute the deci- 
 sion of the Dred Scott case, but there are 
 personal liberty bill^ or statutes in most of 
 the free States, which are a nullification of 
 that decision, at least in Wisconsin, New 
 York, Vermont, New Hampshire, Massa- 
 
 chusetts, and I think in Pennsylvania and 
 Maine; and it is my impression that these 
 States punish any person who assists in the 
 capture of an escaped slave. 
 
 Q. Do not these bills expressly state, and 
 are they not expressly for the punishment 
 of kidnapping in violation of the laws of 
 the State? 
 
 Question objected to by the accused, and 
 withdrawn. 
 
 I took notes of the speech of Mr. Milli- 
 gan at Fort Wayne. I am not a short 
 hand reporter, but I am a rapid writer, and 
 I wrote down as much of the speech as I 
 could in long hand, giving the substance of 
 it as I could recollect. 
 
 Q. Do you recollect whether this portion 
 of Mr. Milligan's speech is as he gave it: 
 "They (the States) wore thirteen nations, 
 and finally formed a Constitution, adopted 
 separately by the several States, Virginia 
 reserving to herself at any time to withdraw 
 from the Union, and what Virginia re- 
 served all the States had a right to reserve. 
 Their action was based entirely on State 
 rights. The Declaration of Independence 
 states who is to be the judge when the Gov- 
 ernment shall be subverted. It guarantees 
 to the people the right of revolution when 
 they can no longer tolerate the invasion of 
 their rights. I do not mean that Governor 
 Morton, or tlie Legislature, or any ma- 
 chinery of office, getting its authority frona 
 the people thi'ough elections, is the State. 
 But 1 mean the free range of all dts people 
 is the State. The officers are the mere ser- 
 vants of the people, the mere agents of the 
 Government Where does sovereignty rest? 
 It is time to settle this question. If you 
 are wrong in your theories, you should 
 change your principles. I know no sover- 
 eignty in the Federal Government, or in 
 the State Government, as contra-distin- 
 guished from the people of the State. I be- 
 lieve in the doctrine of popular sovereignty, 
 instead of sovereignty in the machinery of 
 the Government." 
 
 I think that is the substance of what Mr. 
 Milligan said on that subject. 
 
 Q. Do you recollect this portion of Mr. 
 Milligan's speech, and whether it is cor- 
 rect? 
 
 "If we have no power to make war upon 
 a State that secedes, was it right to take up 
 arms against a people who were doing what 
 they contracted to do, and what your fath- 
 ers and our fathers did eighty years ago? 
 Was it right?" How many believe it \v£fs 
 right ? If it was right, shoulder your guns, 
 and go forward, and don't growl about the 
 draft." 
 
 In speaking of the draft, I think he said 
 something like that; that if the war was 
 right, the draft was right; that the burdens 
 of the Government should rest equally upon 
 all; and that you might as well leave it to 
 the voluntary act of citizens to raise the 
 
176 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 revenues of the country, as tp raise an 
 army by volunteering, or something like 
 that; the deductions that I made from his 
 speech were that the war was unconstitu- 
 tional. 
 
 Q. Did he use these words : "Was it right 
 because you were more peaceable than your 
 neigliboring States, and unwilling to rebel, 
 to compel them by force of arms to re- 
 main your partners ? When you have an- 
 swered that question, I am ready to talk 
 about the draft." Is that correct? 
 
 A. I do not think that corresponds with 
 my report, and I do not think he said it. 
 I have not a copy of the paper, in which 
 the speech was reported, with me, nor do I 
 know that I have a copy on file at my 
 office. Mr. Milligan has occasionally writ- 
 ten communications for my paper, but he 
 has never written any of its leaders; they 
 were letters referring to local matters. He 
 wrote several communications last winter, 
 but perhaps not more than a dozen alto- 
 gether. I was present at the Grand Coun- 
 cil that met here on the 17th. I went to 
 see Mr. Milligan before I came here; I 
 wanted him to go with me, but he felt too 
 sick. I brought a series of resolutions; 
 they were given me by Colonel Milligan, 
 but I did not see them, nor did I read 
 them; certain resolutions were read at the 
 meeting of the Sons of Liberty. I do not 
 know in whose handwriting they were. 
 
 [A paper containing certain resolutions 
 was here handed to the witness by the 
 Judge Advocate.] 
 
 These resolutions were adopted at Fort 
 Wayne, but whether or not these are the 
 ones I brought 1 can not say. These, to 
 the best of my recollection, are the resolu- 
 tions which were read at the meeting of 
 the Order of American Knights. 
 
 Government exhibit "A" was here hand- 
 ed to the witness by the Judge Advocate. 
 
 Q. Are the resolutions in this book the 
 same that you heard read at the February 
 meeting of the Sons of Liberty? 
 
 A. I believe they are the same, but I 
 could not state positively whether they are 
 or not 
 
 RE-EXAIUNATION. 
 
 The resolutions to which reference has 
 been made, that were read at the Fort 
 Wayne meeting, I think, are nearly like 
 tlie resolutions of the 11th Democratic Con- 
 gressional Convention assembled at Hun- 
 ti,ngton. I only Know that certain resolu- 
 tions were contained in the envelope which 
 Mr. Milligan handed me, and I know that 
 in the pamplilet referred to, certain resolu- 
 tions are printed that were read before the 
 Grand Council, but I can not say positively 
 that they are the same. 
 
 G. R CoRLEW, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as follows: 
 
 I reside in Huntington county, Indiana^ 
 and am Deputy Sheriff in that county. I 
 have been in the hardware business. I 
 moved to Huntington in the spring of 1843, 
 and have lived there since. I have been 
 acquainted with Mr. Milligan for the past 
 sixteen years, and know his general moral 
 character in the neighborhood in which he 
 lives; I should call it good. I am acquainted 
 with his general reputation as a peaceable, 
 orderly, law-abiding citizen, and it is good. 
 I joined an order called the American 
 Knights, in October or November, of 1863, 
 at Huntington. Mr. Milligan was connected 
 with the organization. 1 attended most of 
 its meetings, till sometime in April, 1864, 
 when we quit meeting. I think about 
 twenty or twenty-five belonged to it. I 
 never knew of Mr. Milligan making any 
 efforts to increase the number of members, 
 nor was he in favor of organizing branch 
 temples throughout the country; the only 
 members that he seemed willing to admit 
 were good, reliable and responsible men. 
 As far as I understood the organization, it 
 was entirely political, and was to be an oflfeet 
 to the Union League. The object of the 
 organization was to influence elections, and 
 to get Democrats to stick together, so as to 
 carry elections, and not by force of arms or 
 any thing of that kind. I never knew any 
 thing as to its military organization. 
 
 CROSS-EXAMINATION. 
 
 I know nothing of the purposes of the 
 order, save what I have mentioned; I never 
 heard any thing about arms or ammunition, 
 nor of any attempt to establish a North- 
 western Confederacy. I joined in October 
 or November, 1863, and continued a mem- 
 ber till it was broken up, in March or April, 
 1864. I think 1 took three degrees in the 
 order, but 1 never attended any meetings, 
 save those of our own assembly. For a part 
 of the time 1 acted as treasurer, and re- 
 ceived probably fifty or sixty dollars, wilh 
 which 1 bought wood, and the rest had to 
 be expended in the rent of the hall, lights, 
 etc.; none of the money collected was, as 
 far as I know, sent to the Grand Council. 
 I know of no assessments having been made 
 on our members for money. I "know noth- 
 ing of members of the order pledging them- 
 selves to each other that they would resist 
 the draft. I have heard other individuals 
 talking about it, and I told them it was 
 nonsense to resist. I never recollect taking 
 an obligation of which the following is a 
 part: 
 
 " I do further promise that I will, at all 
 times, if needs be, take up arms in the cause 
 of the oppressed — in my country Jirst of all — 
 against any monarch, prince, potentate, 
 power, or government usurped, which may 
 be found in arms, and waging war against a 
 people or peoples who are endeavoring to 
 establish, or have inaugurated, a govern- 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 177 
 
 ment for themselves of their own free choice, 
 in aceordance with, and founded upon, the 
 eternal principles of truth, which I have sworn 
 in the V ." 
 
 I will not swear that I did not subscribe 
 to that obligation, but I do not remember. 
 If it was read to me, I swore to it. 
 
 Samuel P, Day, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as follows : 
 
 I reside at Huntington, Indiana, where I 
 have lived for four years, I am engaged in 
 the livery business. I am acquainted with 
 the general moral character of Mr. Milligan 
 in that county, and it is good as far as I 
 know. I am acquainted with his general 
 reputation as a peaceable, orderly, law-abid- 
 ing citizen, and that reputation is good. 
 
 I joined a secret organization last Septem- 
 ber, at Huntington, about the time Mr. 
 Dodd made a speech there; I think it was 
 called the Order of American Knights. We 
 had meetings about once in two weeks up 
 to the time we sent a delegate to Indian- 
 apolis; from that time our meetings were 
 irregular until March or April; and about 
 the last of April the organization was aban- 
 doned from want of interest in it by the 
 members. Between twenty and thirty be- 
 longed to it. It was a County Temple. I 
 learned from Mr. Dodd that the organiza- 
 tion was a political one. All the degrees I 
 ever took, I took the first night. I suppose 
 there were three degrees. The purpose of 
 the organization, it was stated, was to con- 
 solidate the Democracy, and to get influen- 
 tial men into its ranks, so that we might 
 influence the election, and carry the Demo- 
 cratic ticket. It was also supposed that the 
 organization would counteract the efieot 
 and purposes of the Loyal League in that 
 county. I never learned any thing of the 
 order being a military organization. I do 
 not know of any attempts of Mr. Milligan 
 to extend the order; I have known him to 
 blackball members to keep them out, and 
 I have known of his objecting to organizing 
 branch temples ; I never knew of his assent- 
 ing to but one, namely, at Eockoreek town- 
 ship, Huntington county; they were organ- 
 ized there, and had forty-five or fifty mem- 
 bers. 
 
 I am acquainted with Dr. Zumro, of 
 Markle. I remember a conversation I had 
 With him about the 16th of September, at 
 Huntington. He and Mr. Johnson came 
 to my stable door. Mr. Zumro stepped into 
 my office, and stated that he had just come 
 from Mr. Milligan's; he said that he and 
 Mr. Johnson were appointed to come over 
 to Huntington, to see what was to be done 
 about the draft. Zumro said that Mr. Milli- 
 gan did not give him much encouragement 
 as he was sick, and told him to go to me. 
 Zumro said, "We are bound to resist the 
 draft, and we want to know if you can give 
 assistance." I said it was foolishness and 
 12 
 
 nonsense to resist the draft; that folks were 
 already making preparations to get substi- 
 tutes. We talked a few minutes, and when 
 he went away, he said, ''I suppose we will 
 have to give it up, as we can get no encour- 
 agement here." I do not remember posi- 
 tively whether he said "we" or "they' are 
 bound to resist. 
 
 CROSS-EXAMINATION. 
 
 I was elected Grand Seignior of the or- 
 ganization, and served for two or three 
 months. The man who preceded me was 
 named John Jones, but no one was elected 
 to succeed me. The books and papers of 
 the order were in the care of the Secretary, 
 Mr. Cummings ; Mr. Corlew was Treasurer; 
 I do not know what became of the papers. 
 I think there was a meeting in May, but I 
 was not there. Mr. Milligan never gave 
 any reason, that I remember, for not wish- 
 ing to extend the order. He would often 
 say when asked about establishing a branch 
 lodge, "there is no use," or "do not be in 
 a hurry," and the probabihty was that it 
 would not be done. 
 
 I never heard of Mr. Milligan being ap- 
 pointed a Major General in tlie order, until 
 I heard it on the sti-eet. I heard nothing 
 of the military organization of the order, or 
 of its army ; Dodd said not a word about it; 
 nor was any thing said about organizing a 
 North-western Confederacy. I have heard 
 Mr. Milligan speak in the lodge, or out of 
 it, of the manner of conducting the war; 
 and he approved of it, if it was conducted 
 on a riglit policy, namely, for the Union. 
 He objected to it, so I understood, because 
 it was prosecuted for the abolition of slavery, 
 and he believes that tlie Union could bo, ' 
 restored by better means tlian by war. 
 
 When Dr. Zumro said "they" or "we'" 
 are going to resist the draft, Mr. Johnson 
 said nothing to contradict it, that I remem- 
 ber. I think Zumro also stated that Mr. 
 Milligan had said " we must do the best we 
 can," or something to the effect that each 
 one would have to take care of himself, and 
 do the best he could; but he did not say 
 that Mr. Milligan advised him to resist. 
 
 OcHMiG Bird, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as follows: 
 
 I reside in Allen county, Indiana, and am 
 a farmer. I am a member of the Legislature. 
 I was present at Fort Wayne, at the Demo- 
 cratic Convention, on the 13th of August 
 last, at which Mr. Milligan spoke, but I was 
 not by Mr. Milligan all the time he was 
 speaking. It was called a mass meeting tor 
 the people of the county. Mr. Milligan was 
 one of the invited speakers. Mr. Milligan's 
 was an argumentative speech on the sub- 
 ject of States rights, and the rights of the 
 Constitution. It did not elicit much enthu 
 siasm from the audience. I judge it had 
 an adverse tendency. Mr. Milligan did not 
 
178 
 
 TREASON TEIALS AT INDIANAPOLIS. 
 
 denounce the Government, but he did speak 
 against the Administration, and the man- 
 ner in which the war was conducted; and 
 I understood him to discriminate between 
 the pohcy of the Administration and the 
 Government. 
 
 I took one degree in the organization 
 called the Sons of Liberty. Its purposes, as 
 I understood then, were to rally the strength 
 of the Democratic party. The entire 
 strength of the order might have numbered 
 about fifty or sixty persons. There was an 
 impression in our place that the Loyal 
 Leagues were armed. We found some 
 papers that they had dropped around re- 
 quiring a very strict organization; it was 
 also reported that they intended to usurp 
 unreasonable authority at the polls; and 
 one of the objects of this organization was 
 to stand by and see that the people had a 
 fair chance at the election, and that no in- 
 roads were made on our party in delivering 
 their votes. 
 
 CEOSS-EXAMINATION. 
 
 In Mr. Milligan's argument at Fort 
 Wayne, as I understood it, he did not just^ 
 ify the States in the right to secede. His 
 argument went to prove that there was a 
 certain way to settle these things peaceably 
 between the States and the Government. 
 My impression is that he did not consider 
 this a constitutional war, from the manner 
 in which it was conducted, and he may 
 have said that the war itself was wrong — 
 that fighting for the coercion of seceded 
 States was unconstitutional, but I am not 
 positive. I am under the impression that 
 he treated the States as already out of the 
 Union, and the Union dissolved; but I did 
 not understand him to say that there was 
 no power in the Government to bring them 
 back. 
 
 I do not know that I have, in conversa- 
 tion, expressed the view that a State had 
 the right to secede, and that there is no 
 power in the Government to coerce it back 
 after having seceded ; those are not my 
 views. I think it possible that a State may 
 be coerced, though I do not entirely believe 
 in the prosecution of the present war for 
 the suppression of the rebellion; but I am 
 in favor of it if prosecuted under constitu- 
 tional principles. 
 
 Q. What would be a constitutional prose- 
 cution of this war ? 
 
 Objected to by the accused, for the rea- 
 son that the politics of the witness are not 
 a subject of inquiry before this Court 
 
 The Judge Advocate replied: 
 
 The question seems to me to be relevant, 
 and most material; and I insist upon its 
 being put. The accused bring witnesses 
 here to prove a good character for loyalty, 
 and the law-abiding nature and conduct of 
 the accused, Mr. Milligan. If they saw 
 ■proper to bring upon the stand a member 
 
 of the rebel army, and ask him whether 
 Mr. Milligan was a law-abiding, loyal man, 
 his test of loyalty would be the fact that 
 any man living in this Government would 
 permit those States to secede, and establish 
 a Government for themselves, and not in- 
 terfere with them. 
 
 In speaking of the speech at Fort Wayne, 
 this witness states that Mr. Milligan's speech 
 had no tendency to create insurrection, that 
 it separated the Government from the Ad- 
 ministration, etc. The only way to get at 
 the foundation of these speeches and acts, 
 is to find the basis, or premises, from wliich 
 the witnesses drew their conclusion!?. It is, 
 therefore, important, when they bring wit- 
 nesses upon the stand to prove the loyalty 
 of any speech or act, to get at the stand- 
 point from which the witness himself judges . 
 of loyalty. 
 
 This question goes to show the principles 
 of the witness, and his theories of Govern- 
 ment, and enables the Commission to find 
 out what he believes to be constitutional, 
 and what, in his judgment, is loyal, and 
 what disloyal. 
 
 The court room was then cleared for de- 
 liberation. 
 
 On reopening the Court, the Judge Ad- 
 vocate announced that the objection was 
 overruled. 
 
 The Commission then adjourned to 2 
 o'clock, P. M. 
 
 AFTEBKOON SESSION. 
 
 CoDET Booh, Ikdianapolis, Indiasa, 1 
 - .M.| 
 
 November 23, 1804, 2 o'clock, P. 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present. Also, the Judge 
 Advocate, the accused (except W. A. Bowles), 
 and their counsel. 
 
 The testimony of Ochmig Bird, a witness 
 for the accused, was resumed, as follows : 
 
 As a Democrat, I think the President of 
 the United States has exceeded his power 
 in requiring the abolition of slavery, as the 
 right to hold slaves is guaranteed by the 
 Constitution to every person who holds 
 slaves. I think, therefore, the Emancipa- 
 tion Proclamation is unconstitutional ; out- 
 side of this proclamation I am in favor of 
 the suppression of the rebellion, though I 
 am by no means strenuously in favor of the 
 war, for I believe in settling the diflSculty 
 by concihation and compromise. I am not 
 in favor of letting the rebel States go, but I 
 am in favor of the union of all the States; 
 I am in favor of prosecuting the war, if that 
 is the only alternative, and I am in favor 
 of coercion, if that be necessary for the 
 preservation of the Union. 
 
 We had a Democratic majority of twenty- 
 seven hundred at the last election in our 
 county. We organized this society to pro- 
 tect ourselves against the Loyal Leaguee. 
 Some of the leading members who belong 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 179 
 
 to the organization, are Mr. France, who is 
 the principal officer, Mr. Dills, Secretary, 
 Mr. Walkie, Mr. William Jones, Mr. John 
 Murray, Mr. Marshall Noll, Mr. Ilogan and 
 Mr. James W. Borden. 
 
 B. F. Ibach, a witness for the accused, was 
 then introduced, and, being duly sworn by 
 the Judge Advocate, testified as follows: 
 
 I reside in Huntington, Indiana, and 
 have lately been admitted to the bar in our 
 county. I joined a secret political organi- 
 zation in September, 1863. 1 was initiated 
 on the day that Mr. Dodd addressed the 
 Democratic Convention at Huntington. 
 The objects of the organization were set 
 forth in certain declarations of principles 
 which were read to us, and which I under- 
 stood to be to advance Democratic princi- 
 ples, as we understood them, and also to 
 counteract the influence of a society called 
 the Loyal League. It was a purely political 
 organization. I continued to attend its 
 meetings till May; at that time it had died 
 out entirely. In connection with the soci- 
 ety of American Knights, we had lectures 
 every two weeks, and no one was permitted 
 to lecture unless he indorsed the declara- 
 tion of principles taught in the order. I 
 was a delegate from that county temple to 
 the Grand Council which met here in June. 
 Mr. Milligan and myself came together, 
 but he did not accompany me to the Coun- 
 cil I reached the city a little before noon 
 on the first day of the meeting. We had a 
 meeting on that and the next day. I re- 
 member at this meeting a young man from 
 the northern part of the State was very 
 uneasy about the draft, and thought the 
 order should do something. This is the 
 first I learned that there was any idea 
 among the members that there was a mili- 
 tary part connected with the order; he 
 seemed to be very uneasy about the draft, 
 and thought that we ought to combine. A res- 
 olution was oftered by some member of the 
 Council, which was voted down; the reso- 
 lution was to the effect that the different 
 temples in the counties should organize for 
 the pui-pose of resisting the Government. 
 It created quite a turbulent time there; 
 some thought that the order was purely 
 political, and others that there was a mili- 
 tary branch in it. The majority of the 
 members did not want any military action, 
 but preferred to wait for a change through 
 the election. The resolution, I remember, 
 was voted down. They thought the ballot^ 
 box was the remedy for our troubles. I do 
 not remember that Mr. Milligan took 
 any part in the discussion. It was at this 
 meeting that Dodd, or the Deputy Grand 
 Commander, I forget which, said that they 
 had taken into consideration the appoint- 
 ment of military oflScers, and that some of 
 those appointed had not accepted their of- 
 fices, and others had not been heard from. 
 There was then a discussion whether their 
 
 action should be secret, and confined to the 
 Grand Commander and themselves, or 
 whether it should be known to the mem- 
 bers generally. Mr. Dodd said there were 
 some things about the order which all the 
 members need not know. Others said that 
 the whole Council should know what was 
 done, and should not be confined to single 
 individuals. Mr. Dodd said that the ap- 
 pointment of major generals would have to 
 remain as reported until the 4th of July; 
 if they did not report then, others would 
 have to be appointed. Mr. Dodd did not 
 press the matter then, because he saw it 
 did not suit the Council, and that they 
 would have voted the military part of it 
 down. 
 
 CROSS-EXAMINATION. 
 
 I took the three degrees of the order all 
 at one time. Part of the degi-ees were not 
 read; only the obligations. The means by 
 which Mr. Milligan and myself received 
 notice of the meeting of the Council here 
 in June was this : a notice was sent to the 
 order in Huntington, addressed to its sec- 
 retary, that we were to appoint delegates to 
 that meeting of the Council. This was re- 
 ceived in May, and we came up here to 
 the State Council on the 14th of June. We 
 had a meeting of the order in May, and I 
 was appointed a delegate, and though our 
 order died out in Huntington, I was here 
 on the 14th representing it. Mr. Milligan 
 was present at the first day's meeting. Mr. 
 Humphreys I did not see here either day. 
 I do not remember Mr. Dodd making use of 
 any such expression as this: "I will now 
 kick down the thin walls of patriotism and 
 talk treason for a while." I remember they 
 had quite a discussion on the subject of 
 the grievances which the Government had 
 inflicted, but could not come to an under- 
 standing about the matter. 
 
 The ascendency in the meeting seemed 
 to be of those who concluded that we 
 should rely on the ballot-box as a remedy 
 for the evils we suffered. There was also 
 some expression of opinion in favor of 
 McClellan as candidate for the Presidency ; 
 they were in favor of the nomination of a 
 man who favored the prosecution of the 
 war. 
 
 Dodd and the Deputy Grand Commander 
 were not in favor of the prosecution of the 
 war, and I think were hostile to the Admin- 
 istration. I think from what Dodd said, 
 that the appointment of the military offi- 
 cers was within his province. None of our 
 organizations drilled as far as I know. 1 
 had a preamble for organizing a company; 
 the list had fifteen or twenty names upon 
 it, some of whom were members of the 
 order; we intended getting seventy-five 
 members, and then organizing under the 
 State law, and drawing our arms from the 
 State, in accordance with an act of the Leg- 
 
180 
 
 TREASON TBIALS AT INDIANAPOLIS. 
 
 islature; my name, I believe, was at the 
 head of the company. It was first com- 
 menced some eighteen months back, a long 
 time before I belonged to any secret organ- 
 ization. We intended to drill; our object 
 was to protect ourselves against the soldiers 
 that were coming home. Some citizens, 
 also, had made threats against our printing 
 office, and we thought it best to take the 
 arms in our own hands. Quite a number 
 of our friends had received letters from 
 soldiers in the army, saying that when they 
 came home, they were going to take care of 
 what they were pleased to term the Copper- 
 heads. Another reason why we contem- 
 plated protecting ourselves was that the 
 Home Guards had been furnished with arms, 
 and we thought that we had the same 
 right to the State arms as they had. Had 
 we been furnished with arms, our company 
 would have been a Home Guard, to guard 
 ourselves against what we called encroach- 
 ments on our rights. 
 
 Captain Samuel Place, jr., a witness for 
 the accused, was then introduced, and, 
 being duly sworn by the Judge Advocate, 
 testified as follows: 
 
 I am Captain in the 5th Veteran Reserve 
 Corps, stationed at Burnside Barracks, In- 
 dianapolis. I was in command of the 
 squad of men who arrested Mr. Milligan at 
 his house in Huntington county, Indiana. 
 I made the arrest on the authority of a 
 written order from Major General Alvin 
 P. Hovey, which was as follows : 
 
 HEADQTJAaTEBfl DlSTRTCT OF INDIANA, ■) 
 
 ludianapolis, October 5, 18C4. J 
 
 Special Order No. 142. 
 
 6. Captain Samuel Place, jr., 5th Eegt. 
 V. B. C, with the force under his command, 
 will proceed to Huntington, Huntington 
 county, and arrest L. P. Milhgan, and bring 
 him to these Headquarters without fail. 
 
 By order of Brevet Major General Alvin 
 P. Hovey. AND. C. KEMPER, 
 
 Assistant Adjutant General. 
 
 The above was then offered in evidence 
 by the accused. 
 
 G. E. Corlew, a witness for the accused, 
 was then recalled, and testified as fol- 
 lows: 
 
 I have heard Mr. Milligan say that he 
 was born in 1812; he is therefore fifty-two 
 years old. I have known Mr. Milligan for 
 sixteen years, and I never knew of his 
 being in the military or naval service of the 
 United States. 
 
 Moses W. Milligan, a witness for the ac- 
 cused, was then introduced, and, being 
 duly sworn by the Judge Advocate, testified 
 as follows : 
 
 I reside in Huntington, Indiana, and am 
 a son of L. P. Milligan. On the evening of 
 Tuesday, the 16th of February, my father 
 started to come here to Indianapolis; he 
 
 went to the train, but it was crowded, and 
 he returned home. My mother asked him 
 the reason he did not go, and he said he 
 was sick. On the next day, the 17th, he was 
 at Court at Huntington. My father was 
 not from home during the month of Feb- 
 ruary, to my knowledge. The Common 
 Pleas Court was first held, and the Circuit 
 Court immediately afterward ; and my father 
 was in attendance during both terms, as 
 far as I recollect. I was present at both 
 Courts as acting bailiff. 
 
 CKOSS-EXAMINlTION. 
 
 I do not think my father was away from 
 Huntington more than one day during the 
 month of February; he was sick more or 
 less the whole month of February. I can 
 not state what he was doing on particular 
 days. I am enabled to fix the date of the 
 16th of February, by knowing that a meet- 
 ing of the Sons of Liberty was to be held 
 here on that day, and that my father in- 
 tended to be present, and he went to the 
 cars on that day. I remember Mr. Win- 
 ters went. 
 
 The Commission then adjourned, to meet 
 Friday, November 25, at 2 o'clock, P. M. 
 
 CouKT Boon, Indianapolis, Indiana, ) 
 November 25, 1864, 2 o'clock, P. M. ) 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present. Also, the Judge 
 Advocate, the accused, and their counsel. 
 
 The proceedings were read and approved. 
 
 Edwabd Price, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as follows: 
 
 I reside at Sullivan, Sullivan county, In- 
 diana; I am Clerk of the Court at that 
 place. I am acquainted with the accused, 
 Andrew Humphreys; I have known him 
 about twelve years,' I was present at a 
 meeting at a place called Caledonia, in June, 
 1863. I went there with Mr. CowgUl. On 
 the morning of that day, two or three citi- 
 zens of that township came to Sullivan and 
 requested some of us to come down and see 
 if we could not quell a disturbance that was 
 going on there ; they said, " Let some Dem- 
 ocrats and Republicans go out and talk to 
 the crowd, and see if they can not allay the 
 disturbance." That was the purpose for 
 which I went. I underetood the excite- 
 ment was occasioned by some soldiers, who, 
 getting off the cars, went to the house of a 
 Mr. Wagner, and asked for his horse. Mr. 
 Wagner was not at home, and his wife told 
 them they could not have it, but they went 
 into the stable and took it. They also shot 
 at a man by the name of Pigg. When I 
 received this notice, I got my horse and 
 carriage to go out there. Mr. Cowgill, who 
 was introduced to me by Mr. Wolf, the old 
 clerk of the county, went with me. There 
 were two or three carriage loads that wentj 
 
TREASON TRIALS AX INDIANAPOLIS. 
 
 181 
 
 but we were ahead of all the rest. About 
 a mile and a half from Sullivan we met the 
 soldiers qpming back. Mr. Cowgill stopped 
 some of them and talked for a few minutes. 
 He iisked something about the excitement 
 I think he told them the best thing they 
 could do was to go on to Sullivan, get on 
 the cars and go home. I think he also told 
 them that they had done wrong in taking 
 away property without the consent of the 
 owners. 
 
 We went on to Caledonia; when we got 
 there, Mr. Humphreys was speaking to the 
 crowd ; they seemed to be very much exci- 
 ted when we drove up. I don't know how 
 many there were present; perhaps about 
 two or three hundred. I got out of the 
 buggy and handed the lines to Mr. Cowgill. 
 I went up to Mr. Humphreys and told him 
 that the Deputy Provost Marshal was there, 
 and asked him to come out, and I would 
 give him an introduction. He stopped 
 speaking for a few minutes, and I went out 
 with him and introduced him to Mr. Cow- 
 gill; they walked into the crowd while 1 
 was hitching the horse. Mr. Humphreys 
 spoke a little while to the crowd after that, 
 and then introduced Mr. Cowgill; Mr. Cow- 
 gill got up and made a few remarks, advis- 
 ing the crowd to go home and disperse, that 
 they had done wrong in taking the prop- 
 erty, and told them the best thing they 
 could do was to take Mr. Humphreys' ad- 
 vice and go home, and not be the cause of 
 making any disturbance. Mr. Humphreys 
 said that, as the soldiers were gone, there 
 was no use of any excitement, and that the 
 best thing they could do was to go home. 
 I was walking around in the outskirts of the 
 crowd, and was not paying a great deal of 
 attention to what he did say. I think some 
 of the crowd said they would follow the 
 soldiers ; that was the thing Mr. Humph- 
 reys advised them not to do. My opportu- 
 nities for knowing what was going on, were 
 good, as I was in the crowd all the time 
 until we got into the carriage to go back. 
 I do not remember Mr. Humphreys saying 
 any thing about the Administration or the 
 Government. He did not speak more than 
 ten or fifteen minutes after I got there. 
 
 I was at the meeting in Jackson town- 
 ship in the September of 1863. Mr. Humph- 
 reys, Mr. Hammill, Captain Mandrell, S. G. 
 Burton and myself, spoke. Captain Man- 
 drell, it was said, was a rebel that had been 
 captured at Fort Donelson, and had taken 
 the oath of allegiance at Indianapolis. It 
 was reported that he had been engaged here 
 as clerk in the Quartermaster's office. He 
 was in the Recorder's office, at Terre Haute, 
 when I got acquainted with him; and he 
 was the agent for some Illinois company for 
 awhile. This was a political meeting — a 
 Democratic picnic. 
 
 I am acquainted with the moral charac- 
 ter of Mr. Humphreys, and it is good. I 
 
 am also acquainted with his general char- 
 acter, as a law-abiding man, and it is good. 
 
 CR0SS-E.\AM1NA.TI0N. 
 
 I reside twelve or fifteen miles from Mr. 
 Humphreys, and I have often been at his 
 house. I was a candidate on the Demo- 
 cratic ticket in the fall of 1863. In politics 
 I am of the same principles as Mr. Humph- 
 reys, and my speeches, 1 presume, would be 
 of the same class as his. Captain Mandrell, 
 I do not think, spoke more than five min- 
 utes at the meeting I have alluded to. I 
 do not remember what he said. Mr. 
 Humphreys' speech was about like Demo- 
 crats usually make. As I was a candidate 
 at the time, I did not pay much attention 
 to what was being said; I was more inter- 
 ested in myself than any body else. I 
 joined an order called the American 
 Knights, in August, 1863. I was initiated 
 by P. C. "Wright, at Terre Haute. I re- 
 mained in the order until I was elected, in 
 October, when I had nothing more to do 
 with it. I took tliree degrees. I joined 
 the order for fear they would defeat me. I 
 have always been opposed to secret political 
 organizations, not thinking that they were 
 right, and I might have done what 1 be- 
 lieved to be wrong, for the sake of being 
 elected. 
 
 S. (jr. Burton, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as follows: 
 
 I reside at Sullivan, Sullivan county, In- 
 diana, and practice law in that town. I am 
 intimately acquainted with Andrew Hum- 
 phreys, and have been for the last five years. 
 I made a speech at Linton, in August last. 
 It was at a large mass meeting; Mr. Hum- 
 phreys followed me, 
 
 Q. You may state the substance of hia 
 speech, if you recollect it ? 
 
 Question objected to by the Judge Advo- 
 cate, and withdrawn. 
 
 Q. In the course of that speech, what did 
 Mr. Humphreys say in relation to the Gov- 
 ernment and the right of secession ? 
 
 Question objected to by the Judge Advo- 
 cate. 
 
 The counsel for the accused said : 
 
 This witness is brought on the stand to 
 testify in behalf of the accused, Andrew 
 Humphreys, and we have a right to interro- 
 gate him as to Mr. Humphreys' speeches. 
 That course of examination has not been 
 objected to, up to this time. We introduced 
 three gentlemen from Mr. Humphreys' 
 neighborhood. One of them testified to 
 the speech made in August last We 
 proved that speech as indicative of the 
 sentiments which he offered to the people 
 for their guidance. We have a right to 
 prove what the accused has said, urged and 
 enforced upon the people as their path of 
 duty; the Court may determine whether 
 his sentiments were loyal, or disloyal. We 
 
182 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 propose to prove by this witness that he 
 pursued a particular line of argument. That 
 he read from Washington's Farewell Address, 
 and from Jefferson's writings, to enforce the 
 same views. One witness stated that he 
 understood Mr. Humphreys endeavored to 
 support his argument for secession by the 
 authority of Washington and Jefferson. No 
 principle of law is better settled, than the 
 right, as declared in the Statutes of Indiana, 
 that a party may always, in the event of a 
 witness being mistaken in his deductions, 
 of having his errors corrected by other wit- 
 nesses. If one witness is mistaken in a 
 particular point, the defendants have the 
 right to prove the whole facts in the case 
 by another witness, that the Court may de- 
 termine what is right and what is wrong. 
 We had the right, first, to fortify one wit- 
 ness by corroborating testimony as to what 
 Mr. Humphreys said, and show that all he 
 uttered was manifestly in favor of preserv- 
 ing the integrity of the Government. Sec- 
 ondly, we had the right to prove what act- 
 ually took place, to rectify what the other 
 witness said about the speech. 
 
 One of the charges against the accused is 
 that of making inflammatory speeches. We 
 have a right to meet and to disprove this, 
 and the law fixes no limit to the number of 
 the witnesses tliat we may call. 
 
 The Judge Advocate replied: I under- 
 stand the rule to be, that when they prove 
 any particular statement to have been made 
 by the accused, they are entitled to call out 
 the entire statement. The Court has further 
 ruled, that any acts or speeches made by 
 the accused, at any meetings of the order, 
 to show whether such acts were for a good 
 or bad purpose, would be received as evi- 
 dence; but I do not understand the Court 
 to go so far as to say that because we proved 
 that in the fall of 1863, certain treasonable 
 speeches were delivered by the accused, 
 that they can introduce, as rebutting testi- 
 mony, loyal speeches made in 1864, We 
 have introduced no witnesses as to speeches 
 made in 1864. We certainly did obtain 
 from one witness of the accused, in his cross- 
 examination, that Mr. Humphreys, in 1864, 
 spoke on secession, saying that a State had 
 a right to secede ; that in affirmation of his 
 views he read from Washington's Farewell 
 Address, and from Jefferson's writings. They 
 are attempting to put a witness on the 
 stand to testify to that which we have not 
 introduced on the part of the Government. 
 They can not disprove the disloyal utter- 
 ances of 1863, by proving loyal speeches in 
 1864. 
 
 As to when one witness may be brought 
 in to contradict another, Koscoe, in Crim- 
 inal Evidence, page 178, says: 
 
 "Whether the party calling a witness, 
 who gives evidence contrary to what is ex- 
 pected from him, may prove contradictory 
 statements previously made by the witnesSj 
 
 is a question on which there has been some 
 difference of opinion." 
 
 The court room was then cleared for de- 
 liberation. 
 
 On reopening the Court, the Judge Advo- 
 cate announced to the accused that the ob- 
 jection had been sustained. 
 Question by the accused: 
 What did Mr. Humphreys say in that 
 speech abojit secession? 
 
 Question objected to by the Judge Advo- 
 cate as illegitimate, and as already passed 
 upon. 
 
 The counsel for the accused replied : 
 On the discussion of the right of seces- 
 sion, a man may speak of that right and 
 not be in favor of it. In this country, it is 
 a matter of opinion whether a man is for 
 his Government or against it. It is not 
 treason to maintain one side or the other 
 of this question of secession: for in 1825 a, 
 very distinguished lawyer, who was long a 
 servant of the Government, wrote a treatise 
 on the Constitution of the United States, 
 in which he justified and maintained the 
 right of States to secede, under the Consti- 
 tution, and denied the right of coercion. 
 I always thought, and I think so still, that 
 this gentleman, Mr. Eowle, of Pennsylvania, 
 was greatly mistaken. But no man doubt- 
 ed the loyalty of his heart or his life, until 
 the days when treason was inaugurated in 
 this country. 
 
 De Tocqueville, in his Democracy in Amer- 
 ica, maintains it as an original proposi- 
 tion, that there can be no contest for the 
 enforcement of the Union; that it is not 
 a contest between the Government on the 
 one side and the seceding State or States 
 on the other; but that States seceding have 
 the same interest to maintain secession, 
 that the adhering States have to resist it, 
 because it is a question of self-interest to 
 each party. The General Government is 
 disBolved.^ 
 
 We claim that we have the right to in- 
 troduce testimony to show the loyalty of 
 Mr. Humphreys, from the present time back 
 to the organization of the order, at Terre 
 Haute, as the testimony on the part of the 
 Government goes back to this time. 
 
 The case of Home Tooke is to the point 
 He was on trial for treason. He goes i'ar 
 back of the commencement of the prose- 
 cution, and finds a book that he had writ- 
 ten in favor of the sovereign. In that book 
 his loyalty is fully established, and he in- 
 troduces it to show that he could not have 
 had the intent, as alleged, of destroying 
 the life of the King. It was admitted as 
 evidence in his favor, and though Lord 
 Ellenborough afterward questioned the cor- 
 rectness of the decision, it has not been 
 reversed. It followed and reversed the de- 
 cision in the case of Lord George Gordon, 
 the decision in Lord George Gordon's case 
 being decided in 1780, and the trial of 
 
TREASON TBIALS AT INDIANAPOLIS. 
 
 183 
 
 Home Tooke following fully fourteen years 
 after, during the turbulent scenes of the 
 French Revolution. 
 
 The foUowine is from Russell on Ciimes, 
 vol. 2, pp. 780-781 : 
 
 "And, as in trials for conspiracies, what- 
 ever the prisoner may have done or said,, 
 at any meeting alleged to be held in pur- 
 suance of the conspiracy, is admissible in 
 evidence against him, on the part of the 
 prosecution; so, on the other hand, any 
 other part of his conduct at the same 
 meetings will be allowed to be proved on 
 his behalf; for the intention and design of 
 a party, at a particular time, are best ex- 
 plained by a complete view of every part 
 of his conduct at that time, and not merely 
 from the proof of a single and insulated act 
 or declaration. In the case of Walker and 
 others, who were tried for a conspiracy to 
 overthrow the Government, evidence was 
 produced on the part of the prosecution 
 to show that the conspiracy existed, and 
 was brought into overt acts at meetings in 
 the presence of Walker, the counsel for 
 the prisoners was allowed to ask a witness, 
 whether, at any of these times, he had 
 ever heard Walker utter any word incon- 
 sistent with the duty of a good subject? 
 The question was opposed, but held by Mr. 
 J. Heath to be admissible. The prisoner's 
 counsel were also allowed, in the same 
 case, to inquire into the general declara- 
 tions of the prisoner at these meetings, 
 whether the witness had heard him say 
 any thing that had a tendency to disturb 
 the peace of the kingdom; and questions 
 to the same effect were put to many other 
 witnesses in succession. 
 
 "On the trial of Hardy for high treason, 
 where th^ overt act charged was that the 
 prisoner, for the purpose of accomplishing 
 the treason of compassing the King's death, 
 did conspire with others to call a conven- 
 tion of the people, in order that the con- 
 vention- might depose the King, the coun- 
 sel for the prisoner were allowed to ask a 
 witness, whether, before the time of the 
 convention, he had ever heard from him 
 what his objects were, and whether he had 
 at all mixed himself in that business. But 
 the better opinion seems to be, that in or- 
 der to make such other acts or declarations 
 of the prisoner applicable to his defense, it 
 must be shown that they are in some way 
 connected with the facts that are proved 
 against him. In the case of Home Tooke 
 and others, however, for high treason, sev- 
 eral publications having been given in evi- 
 dence on the part of the crown, containing 
 republican doctrines and opinions, the dis- 
 tribution of which had been promoted by 
 the prisoners, during the period assigned in 
 the indictment for the existence of the 
 conspiracy, the prisoner was allowed to 
 read, in his defense, various extracts from 
 works which he had published at a former 
 
 period of his life; and those the jury were 
 permitted to carry along with them, when 
 they retired to consider their verdict. But 
 the propriety of allowing such a defense 
 has been questioned by very high au- 
 thority." 
 
 The first question wo present to the 
 Court is, whether we have a right to prove 
 by this witness that facts were different 
 from what the other witness said they 
 were. On that question I wish to cite au- 
 thority. We called Mr. Johnson's atten- 
 tion to the meeting and the sentiments 
 expressed by Mr. Humphreys about the 
 Government. The witness stated that Mr. 
 Humphreys made a speech. The Judge 
 Advocate asked if he spoke in favor of the 
 right of secession? He answered, he did. 
 We now introduce a witness who made a 
 speech at the same time and place, and 
 who heard what Mr. Humphreys said. We 
 introduce him not to contradict what other 
 witnesses have said, but to show the real 
 facts of the case. 
 
 Roscoe says, page 178: 
 
 "But where a witness is called and 
 makes statements contrary to those which 
 are expected from him, the party calling 
 him may prove the facts in question by 
 other witnesses." But it is stated that this 
 decision applies only to the direct examin- 
 ation. It is not limited to that In exam- 
 inations as to character, we are confined to 
 two questions. In cross-examination we 
 are not so limited. Suppose on re-examin- 
 ation, a witness clings to a mistake made 
 in his direct examination, and we could pro- 
 duce a hundred witnesses to prove a con- 
 trary state of facts, should we be bound by 
 his statements, and cut off from correcting 
 his mistake? If so, no man would be safe 
 in introducing witnesses as to character. 
 
 Eminent authorities say on this point: 
 
 " Where a witness gives evidence against 
 the party calling him, and is an unwilling 
 witness, or in the interest of the opposite 
 party, he may be asked by the party calling 
 him, at the discretion of the Court, whether 
 he has not on a former occasion given dif- 
 ferent testimony as to a particular fact. 
 Bank Northern lAberties vs. Davis, 6 Watts & 
 Serg., 285. 
 
 "A party may prove the fact to be dif- 
 ferent from what one of his own witnesses 
 has stated it to be. That is not discrediting 
 his witness. Spencer vs. White, 1 Iredell's Jv. 
 a Bep^ 236. 
 
 "A party can not discredit his own wit- 
 ness or show his incompetency, though he 
 may call other witnesses to contradict him 
 as to a fact material to the issue, in order to 
 show how the fact really is. Franklin Bank 
 vs. Steam Nav. Co., 11 Gill dc Johns., 28." 
 
 The same principle was decided in the 
 case of Wright VB. Beckett, 1 Moore & Jt., 416, in 
 which Lord Denman held that a party call- 
 ing a witness, who, on cross-examination, 
 
184 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 has given testimony unfavorable to him, 
 may, on re-examination, ask the w^itness 
 questions to show inducements to betray 
 him. * * * An opinion, adverse to the 
 right of a party calling a witness to con- 
 tradict him, by his own previous statement, 
 has been expressed by a writer of great 
 authority. Phill. Ev., 309, 1th ed. And this, 
 the opinion, seems to have been followed by 
 other text-writers. Mr. Phillips, however, 
 in the last editions of his work appears to 
 have changed his opinion, and observes that 
 in the administration of criminal justice 
 more especially, the exclusion of the proof 
 of contrary statements might be attended 
 with the worst consequences. Phill. onEv., 
 pp. 451, 9ih ed. 
 
 I know that the Indiana Statutes are not 
 authority in this Court, but its practice is 
 supposed to be in harmony with the com- 
 mon law on these questions, and in con- 
 formity with the principles of humanity on 
 which our Statutes are based. 
 
 Section 244, of Part 1, page 172, reads: 
 
 "The party producitig a witness shall not 
 be allowed to impeach his credit by evi- 
 dence of bad character, unless it was indis- 
 pensable that the party should produce him, 
 or in case of manifest surprise when the 
 party shall have this right; but he may, 
 m all cases, contradict him by other evi- 
 dence, and by showing that he has made 
 statements different from his present testi- 
 mony." , 
 
 The foot-notes to that section contain the 
 following decisions: 
 
 "The rule of common law is thus stated 
 in Thompson vs. Blanchdrd, 4 Comsiock, 303. A 
 party calling a witness can not impeach his 
 character or assail his credibility by general 
 evidence ; but he may prove by other evi- 
 dence the truth of any particular fact in 
 direct contradiction to the testimony of the 
 witness." 
 
 "The right of a party to contradict his own 
 witness, by showing that he has made state- 
 ments different from his present testimony 
 {Civil Code, Sec. 660,) does not depend-on the 
 ability of the party to prove, in addition, that 
 the testimony of the witness is untrue; but 
 he may contradict him, first, by other evi- 
 dence ; and, secondly, by showing that he has 
 made statements different from his present 
 testimony. Either or both of these modes 
 may be adopted. Chdmp. yk Commofiwealth, 
 2 Meicalf, {Ky). 17." 
 
 We were surprised by the testimony of 
 this witness on the point of secession. 
 
 In reviewing the whole case, it seems that 
 the public life of Mr. Humphrey,"!, for the 
 time covered by the examination on the 
 part of the Government, is on trial befoi'e 
 this Court, and that Whatever has been done 
 or said at public meetiiigs by him during 
 that period is part of the rei geata in this 
 offense. Thei'efore, we think We are right 
 in attempting to introduce evidence to show 
 
 what he said in Linton, about the Uniojfl 
 and Government. The Government has 
 admitted evidence in reference to that meet- 
 ing without objection, and, therefore, the 
 whole of the facts in reference to it should 
 come before the Court. It is necessary that 
 we be permitted to introduce other witnesses 
 to show what Mr. Humphreys said in that 
 speech. If we can do this, it will enable us 
 to correct any wrong impression which may 
 have arisen from the answer, "Yes, sir," to 
 the question, "Did he say secession was 
 right?" Now, in the present state of the 
 country, such a declaration would not be 
 expected to come from a loyal source, but 
 would be considered disloyal, and showing 
 a disposition to enter into such an associa- 
 tion as this secret order has been claimed 
 to be. 
 
 The Judge Advocate replied: 
 
 I desire to correct a misapprehension, 
 frequently entertained, and which appears 
 to exist here, that the Judge Advocate is 
 counsel for the accused as well as for the 
 Government. His position is exactly de- 
 fined by the Articles of War, which say that 
 he " shall so far consider himself as counsel 
 for the prisoner, after the said prisoner shall 
 have made his plea, as to object to any lead- 
 ing question to any of the witnesses, or any 
 question to the prisoner, the answer to which 
 may tend to criminate himself" When the 
 accused came into Court ably represented 
 by counsel, I feel that the defense of the 
 accused rests upon their shoulders, rather 
 than on mine. I do not act as counsel for 
 the accused in this case. On all questions 
 of law, I put them on an equal footing With 
 the Government, but in questions of fact, I 
 act only for the Government, and leave the 
 accused in the hands of their counsel. 
 
 I had supposed that the point at issue 
 was already disposed of by the decision of 
 this Court. Its ruling I understood to be, 
 that what a man says, any statement he 
 makes outside of the particular times and 
 places proved by the Government, whether 
 said to one person, or a hundred, is imma- 
 terial, and every sentence of law, read by 
 the accused, goes to this, and only this eX' 
 tent, that all the prisoner said at the par- 
 ticular time proven by the Government, or 
 while he was engaged in those particular 
 proven acts, is competent. He can not go 
 outside of that. 
 
 Permit me to say one -iyord on the docs 
 trine of the right of a State to secede, which 
 is spoken of as only a political heresy. It 
 is the heresy that has made a part of our 
 land dissolate. It is the phantom that has 
 swept over one-half of the Surface of our 
 beloved country, leaving ruin in its wake. 
 It has Caused moaning and mourning 
 throughout the whole land. Whether it is 
 ttfeasoil or not, it has caused the treason 
 dgainst which the nation is now struggling. 
 This heresy contains the doctrine and prin- 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 185 
 
 ciples, which, once acted on, constitute trea- 
 son. You may advocate the right of seces- 
 sion as a principle, and the moment you 
 convince enougli people of tlie truth of that 
 principle, it ripens into action, and you pro- 
 duce secession and disrupt the Government. 
 When you convince a sufficient number of 
 the people of Indiana that secession is 
 right, and that there is no power in the 
 Government to coerce them, and prove to 
 them that a North-western Confederacy is 
 to their advantage, you lead them to actual 
 treason, and pave the way fof a division of 
 the Government, to any extent that inter- 
 est or caprice may dictate. From this her- 
 esy have culminated the wrongs under 
 which the nation is now groaning. Hence, 
 I dislike to hear counsel argue that a man 
 has the right to talk in favor of secession, 
 and claim that it is not wrong, or treason. 
 He argued that Mr. Rawle had advocated 
 the right of secession, and no man doubted 
 bis loyalty. But he did not believe this 
 was treason, and did not know that it would 
 be against Mr. Humphreys, that he argued 
 in favor of this doctrine. If so, why does 
 he try to rebut the remark of the witness 
 that Mr. Humphreys said secession was 
 right? This doctrine is the foundation- 
 stone on which treason is built. The ques- 
 tion is, whether he jbined a treasonable so- 
 ciety which had avowed its intention to 
 disrupt the Government; which conspired 
 for the establishment of a North-western 
 Confederacy, and proposed to seize the ar- 
 senals in the North-western States, release 
 the rebel prisoners, and arm them to aid in 
 this conspiracy; whether he had any knowl- 
 edge of these purposes, and whether he 
 was, by his membership and position, bound 
 to assist in carrying out what this organiza- 
 tion contemplated. They can not disprove 
 this fact, or rebut its force, by proving that 
 at another time, outside of the order, he 
 made loyal speeches. 
 
 CHOSS-EXAMINATIOK 
 
 I joined a society called the Sons of Lib- 
 erty, at Terre Haute, in August, 1863, and 
 took three degrees. I have not met with 
 the order for about six months. I was 
 called Ancient Brother in the order; the 
 principal duty of which office was to admin- 
 ister the obUgations. 
 
 RE-EXAMINATION. 
 
 I regarded this organization as having 
 only a political object. I thought I under- 
 stood all about it, but since these trials 
 commenced, matters have been developed 
 of which I knew nothing before. Although 
 I have conversed with members of the or- 
 der outside of my own county, I never was 
 able to ascertain that its designs were any 
 other than to secure a bettei' organization 
 of the Deaiocratic party; and I never knew 
 of any thing more being revealed to third 
 
 than to first degree members; I understood 
 that tiio objects of Uie order were to be 
 secured tlirough the means of the ballot- 
 box. / 
 
 BE-CROSS-EXAHINATION. 
 
 I had in my possession the ritual of the 
 order. The ritual of the first degree I have 
 read. 
 
 The attention of the witness was called 
 by the Judge Advocate to the following 
 passage, which he was asked to explain: 
 
 "10. Whenever th'e officials, to whom the 
 people have intrusted the powers of the 
 Government, shall refuse to administer it in 
 strict accordance with its Constitution, and 
 shall assume and exercise power not dele- 
 gated, it is the inherent right and impera- 
 tive duty of the people to resist such of- 
 ficials, and, if need be, expel them by force 
 of arms. Such resistance is not revolution, 
 but solely the assertion of right." 
 
 That has reference to counter revolution. 
 When the political party in power begins to 
 trample on the rights of other citizens, 
 these can take their rights in their own 
 hands, and defend them by force of arms. 
 My idea is, that it is right for every Ameri- 
 can citizen to defend his rights by fofce 
 when they are trampled upon, and it was 
 one of the purposes of the order, that in 
 case of such encroachments, it should I'esist 
 by force of arms. They had apprehensions 
 that the ballot-box would be interfered 
 with, and, in case they were driven from 
 the ballot-box, it was their right to secure a 
 free election by force of arms. If one class 
 was driven from the polls to obtain the tri- 
 umpli of the other party, it was right for 
 the party driven away to take up arms, and 
 I suppose the passage quoted has reference 
 to that, if such a state of things should 
 arise. The passage has reference to the 
 exercise of powers not delegated; and I 
 claim that the Government has assumed 
 powers not delegated, and I suppose the 
 order claims the same. I believe it was one 
 of its principles that the Government had 
 assumed too much power. 
 
 Willis G. Neff, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as follows : 
 
 I reside at Sullivan, Indiana, and am en- 
 gaged in the practice of law. I know Cap- 
 tain Mandrell, who has been spoken of in 
 this case. I met him at Terre Haute, in 
 the spring, in the Clerk's office, after the 
 battle of Fort Donelson, and had some con- 
 versation with him. He then told me he was 
 released on taking the oath of allegiance. 
 
 The Commission then adjourned, to meet 
 Monday, November 28, at 2 o'clock, P. M. 
 
 In consequence of the absence of Some 
 of the members, the Commission adjourned 
 over the 28th and 29th, to meet on Wednes- 
 day, November SO, at 2 o'clock, P. M. 
 
186 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 CounT Room, Indianapolis, Indiana, 
 Novemlier 30, 1804, 2 o'clock, P. 
 
 H.} 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 All the members present, i^lso, the Judge 
 A dvocate, th e accused ( except W. A. Bowles), 
 and their counsel. 
 
 The. Jiroceedings were read and approved. 
 
 John Eoach, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as fol- 
 lows : 
 
 I live at Huntington, where I have lived 
 for thirty years ; I am a farmer. I am well 
 acquainted with the people living near 
 Huntington. I have known Mr. Milligan 
 since 1847 or 1848. He has been my at- 
 torney for several years. I am acquainted 
 with his moral character in the community 
 in which he lives, and it is good. His gen- 
 eral reputation as an orderly, peaceable, 
 law-abiding citizen, is good. I never joined 
 any secret organization. 
 
 CBOSS-EXAMINATION. 
 
 Since 1854 or 1856 1 have acted with the 
 Democratic party, though not actively. I 
 have never acted with the Eepublican 
 partj''. I have heard Mr. Milligan make re- 
 marks, in which he held that some of the 
 oflScers of the Government were exceeding 
 their authority, and he complained that 
 they were not acting according to law. I 
 never heard him speak of the executive 
 officers of the Government as usurpers. 1 
 have never heard people of our community 
 speak of him as a disloyal man, I do 
 not think they regard him as more disloyal 
 than other Democrats. Some of our citi- 
 zens believed that every one who did not 
 vote the Republican ticket was disloyal. I 
 believe Mr. Milligan has been regarded as 
 a leader of the peace wing of the Demo- 
 cratic party. I have heard him spoken of 
 as a " Butternut," but I have not heard of 
 him working against the Government in her 
 efforts to suppress this rebellion. Mr. Mil- 
 ligan, I believe, has a worse reputation, per- 
 haps, than other Democrats, because he 
 has worked with more earnestness than 
 others of the peace party. 
 
 EE-EXAMINATIOir. 
 
 Though I have voted with the Democratic 
 party, I have assisted the Government in 
 aiding in the enlistment of soldiers, and I 
 have helped soldiers' families. As one of 
 the largest tax payers of the county, I have 
 gone before the board of County Commis- 
 sioners and asked them to make appropria- 
 tions to encourage enlistments, and for the 
 support of soldiers' families. 
 
 Wilson B. Lockridge, a witness for the 
 accused, was then introduced, and, being 
 duly sworn by the Judge Advocate, testi- 
 fied as follows : 
 
 I reside in Peru, Miami county, Indiana, 
 
 and am now and have been, for the last two 
 years, a lawyer. I am now the editor of 
 the Miami County Sentinel — a Democratic 
 paper. 1 have acted as Judge of the Court 
 of Common Pleas for two terms. I have 
 been intimately acquainted with Mr. Milli- 
 gan since 1847 or 1848. I was two years a 
 partner of his. I am acquainted with his 
 general moral character in the community 
 in which he lives, and it is good. I am also 
 acquainted with his general reputation as a 
 peaceable, orderly, law-abiding citizen, and 
 it is good. J was, for a short time, a mem- 
 ber of the Sons of Liberty. I was inform- 
 ally initiated, and only attended one or two 
 meetings. 
 
 I attended a Council of the organization 
 in this city in February last. I understood 
 that the intention of the organization was 
 altogether political; that it was intended 
 to protect the members of the Democratic 
 party against violence, which, it was thought, 
 had been used against them in particular 
 quarters; in short, to protect the Demo- 
 cratic party and see that their rights were 
 not trampled upon. Mr. Milligan was 
 not present at the Council in February 
 while I was there, which was the first day. 
 1 looked for him in the meeting, and heard 
 one of the prominent members inquire for 
 "Milligan;" the reply was that he was not 
 there. There was nothing said about the 
 appointment of Major Generals while I was 
 there. I had not a great deal of faith in 
 the matter. I did not know it to be what 
 it purported to be, and I came to Indian- 
 apolis more for the purpose of seeing into 
 it than for any thing else, and from those I 
 saw in attendance that day, 1 concluded 
 that it would not be productive of much 
 good After returning home, I had nothing 
 more to do with it. 
 
 Dodd and Heffren were the principal 
 leaders, and I did not think they were fit 
 persons to, take part in such a thing. 
 
 CROSS-EXAMINATION. 
 
 I understood that we were to protect the 
 rights of the Democratic party, in the event 
 of their being kept away from the polls, 
 with such means as were necessary to afford 
 us protection. We were first to exhaust 
 all peaceable means, and if these failed, to 
 resort to the right of self-defense. I do not 
 know that any precise means were deter- 
 mined upon. Each member of the order 
 had to judge of his own rights and the best 
 means to maintain them, and when any 
 member's rights were infringed upon, it 
 was regarded as the duty of other mem- 
 bers of the order to protect him — peacea- 
 bly at first, forcibly if necessary. But there 
 was to be nothing beyond acting in self- 
 defense, I had learned of persons being 
 attacked on account of their political prin- 
 ciples, and being beaten and bruised; and 
 if such a thing occurred again, I conceived 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 187 
 
 it to be the duty of the order to protect 
 such persons as were assailed. 
 
 The civil law might have been sufficient 
 to protect them, but there wore many in- 
 stances where it had not aflbrded protec- 
 tion; 1 think if a man was attacked, he 
 had the right to self-protection; and it was 
 upon this principle that the order was to 
 act. When I attended the Grand Council 
 I gave no password; I was vouched for by 
 some person at the door; I did not know 
 that it was a rule that no persoia was ad- 
 mitted to that body who had not taken 
 three degrees. 
 
 The following was then quoted by the 
 Judge Advocate: "Whenever the oflicials, 
 to whom the people have intrusted the 
 powers of the Government, shall refuse to 
 administer it in strict accordance with its 
 Constitution, and shall assume and exercise 
 power not delegated, it is the inherent 
 right and imperative duty of the people 
 to resist such oflBcials, and, if need be, ex- 
 pel them by force of arms; such resistance 
 is not revolution, but is solely the assertion 
 of right." 
 
 I can not say whether I have heard that 
 before or not. I probably did at Indianap- 
 olis. There was something to that effect 
 among the cardinal principles of the order, 
 and I do not know that I have heard 
 members of the organization dissent from 
 it. I have expressed the same opinion in 
 my paper, but I can not say that the order 
 generally held to it as a principle, though 
 it is my opinion it did. I have said that 
 the President had exercised power that 
 the Constitution had not given him, and 
 \ised authority not delegated to him. 
 
 I do not know that I have ever expressed 
 myself to the effect that usurpation might 
 reach a point where revolution would be 
 necessary. 
 
 S.iMCEL McGaughey, a witness for the ac- 
 cused, was then introduced, and, being duly 
 sworn by the Judge Advocate, testified as 
 follows : 
 
 For fourteen years I have resided at 
 Huntington, Indiana; am a farmer. For 
 two years I served as Treasurer of the 
 county. I became acquainted with Mr. 
 MiUigan soon after settling in Huntington. 
 I am acquainted with his moral character; 
 it is good; also with his reputation as a 
 peaceable, orderly, and law-abiding citizen; 
 it is also good. I became a member of a 
 secret political society, in Huntington, about 
 a year ago, but paid very little attention to 
 the matter. I understood it to be purely a 
 political association, and I remember the 
 idea was suggested by some of the members 
 that it was to counteract the influence of 
 the Loyal League. 
 
 CuTTEK S. Dobbins, a witness for the ac- 
 cused, was then introduced, and, being duly 
 8\Torn, testified as follows : 
 
 I reside at Dover Hill, Martin county, In- 
 diana, and practice law. I have been ac- 
 quainted with Stephen Horsey for nine or 
 ten yoars. I am acquainted with his char- 
 acter as a quiet, peaceable, law-abiding citi 
 zen, and it is good. 
 
 Q. You may state whether Stephen Hor- 
 sey is a man of influence in the neighbor- 
 hood where he lives. 
 
 Question objected to by the Judge Advo- 
 cate, and withdrawn. 
 
 Harrison Connell, being recalled as a 
 witness for the accused, testified as follows: 
 
 I am acquainted with the character of 
 Stephen Horsey as a peaceable, quiet, law- 
 abiding citizen ; it is good. 
 
 CROSS-EXAMINATION. 
 
 It was not extensively known in his 
 neighborhood that Mr. Horsey got the pow- 
 der and shot, about which I testified; and 
 I do not know that such a fact would con- 
 duce to his reputation as a peaceable, law- 
 abiding citizen. I assisted in carrying the 
 powder and lead from where it was con- 
 cealed, but no one else knew of it, that I 
 know. I do not know of his buying any 
 more ammunition, or lead, or shot; nor do 
 I know of any attempts made by him to 
 arm the order. I do not know that I ever 
 heard any one say that he was disloyal to 
 the Government. 
 
 William M. Eannet, a witness for the ac- 
 cused, was then introduced, and, being duly 
 sworn by the Judge Advocate, testified as 
 follows: 
 
 I reside near Shoals, Martin county, In- 
 diana; am a farmer. I am acquainted with 
 the character of Stephen Horsey as a peace- 
 able, quiet, law-abiding citizen, and it is 
 good. I have known Mr. Horsey since 
 1833. I joined a secret organization that 
 was formed in April, 1863 ; Mr. Shirkliff, I 
 think, initiated me. Mr. Horsey and sev- 
 eral others were there. I do not know 
 whether Wesley Tranter, or Stephen Teney, 
 was there ; we met in a vacant house. The 
 obligation we took, as I understood it, was 
 to support the Constitution of the United 
 States, and the State of Indiana. There 
 was some other obligation, but I do not re- 
 collect what it was. I did not meet with 
 the organization after that night. 
 
 CROSS-EXAMINATION. 
 
 The name of the order I joined was the 
 Circle of Honor. At the time of Mr. Hor- 
 sey's arrest, some people talked pretty hard 
 about him, as they have done since. 
 
 RE-EXAMINATION. 
 
 Those who talked hard about Mr. Horsey 
 at the time of his arrest, were political op- 
 ponents, who thought him guilty of what 
 he was charged with. Up to the time of 
 his arrest, his character for peace and qui- 
 etness was good. 
 
188 
 
 TREASON TRIALS AT INDIAJf APOLIS. 
 
 The Commission adjourned, to meet on 
 Thursday, December 1, at 10 o'clock, A. M. 
 
 Couht Room, Indianapolis, Indiana, } 
 December 1, 1864, 10 o'clock, A. M. / 
 
 The Commission met pursuant to adjourn- 
 ment. 
 
 AH the members present. Also, the 
 Judge Advocate, the accused, and their 
 counsel 
 
 The proceedings were read and approved. 
 
 General AlVin P. Hovey, a witness for the 
 accused, was then introduced, and, being 
 duly sworn by the Judge Advocate, testified 
 as follows : 
 
 Question by the accused: 
 
 State your name and oflioial position ? 
 
 Answer. My name is Alvin P. Hovey. I 
 am Commander of the District of Indiana. 
 
 Q. State whether or hot it was by your 
 order that Mr. Milligan was arrested ? 
 
 A. It was. 
 
 Q. State upon what that order was 
 based, whether upon affidavit made to you. 
 Or Upon what it was based? 
 
 A. It was based upon my general knowl- 
 edge of affairs in Indiana, the condition of 
 the country, and Mr. Milligan's action in 
 regard to it, together with the dangers that 
 surrounded us at that time. 
 
 Q. What actions have you reference to ? 
 
 A. To the conspiracies against the author- 
 ity of the United States. 
 , Q. Whatparticular actions of Mr. Milhgan 
 in the matter ? 
 
 A. Mr. Milligan, I understood from reli- 
 able authority, was a Major General of the 
 organization, and had taken steps to aid it, 
 and carry on revolution. 
 
 Q. Please state to us the source of that 
 information? 
 
 A. The information generally came from 
 Detectives. 
 
 Q. State who they were? 
 
 Question objected to by the Judge Advo- 
 cate, and withdrawn. 
 
 Q. Am I right in understanding you as 
 saying that the order was not based upon 
 an affidavit? 
 
 A. It was not, sir. 
 
 Q. State whether you have not made the 
 observation that Mr. Milligan was a dan- 
 gerous man; if so, upon what information 
 you made the remark? 
 
 Question objected to by the Judge Advo- 
 cate, and withdrawn. 
 
 Q. Was this information from persons re- 
 siding in Mr. Milligan's neighborhood, or 
 elsewhere? 
 
 Question objected to by the Judge Advo- 
 cate, and withdrawn. 
 
 CBOSS-EYAMIlfATIOir. 
 
 Question by the Judge Advocate: 
 1 suppose, General, the sum of the matter 
 was this: that in your judgment it was neces- 
 
 sary for the public welfare to arrest this 
 man, and upon that you moved ? 
 
 Question objected to by the accused, and 
 withdrawn. 
 
 The witness : 
 
 I would like to makef this further explan- 
 ation. The first person arrested by me, was 
 Dodd ; that arrest was made without con- 
 sulting the autliorities any-where. Subse^ 
 quently I made the others. In the first ar- 
 rest, I tooli the responsibility on myself; I 
 was authorized by the War Department to 
 make the subsequent arrests, and to take 
 what action I might deem advisable in re» 
 gard to it, and I did so. The testimony 
 which I have given with regard to these 
 prisoners, applies to each and all of the 
 others. 
 
 M. B. Brant, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as follows: 
 
 I live in Huntington county, Indiana. 
 Since the fall of 18.44, I have been Auditor 
 of the county. I became acquainted with 
 Mr. Milligan in 1844, and since 1851 I have 
 known him intimately. In politics I am 
 now a Republican and a Union man. In 
 years past, I was an Old Line Whig. The 
 first vote 1 ever gave was for Andrew Jack- 
 son. I next voted for Martin Van Buren, 
 next for Harrison, and since then I have 
 been connected with the Democratic party. 
 I am acquainted with Mr. Milligan's moral 
 character in the community in which he 
 lives, and it is good. 1 am acquainted with 
 his general reputation as a law-abiding citi- 
 zen; that reputation is good. 
 
 CUOSS-EXAMINATION. 
 
 Mr. Milligan's character is that of a man 
 who, till lately, has advised entire obedience 
 to the law. The Democratic party still re- 
 gard him as a law-abiding citizen, while 
 Republicans speak of him as operating, of 
 late, against the laws of our country. Be- 
 publicans regard him as connected with a 
 secret organization that is in favor of further 
 secession among the States, and in favor of 
 the establishnlent of a North-western Con- 
 federacy. 
 
 RE-EXAMINATIOK. 
 
 I think that that reputation is confined 
 exclusively to the more rabid and bitter 
 portion of the Republican party, and most 
 of this reputation has grown up since about 
 the time of Dodd's arrest, and since the ex- 
 posure of the members of the Sons of Lib- 
 erty in the public prints ; though a year ago 
 last fall Mr. Milligan made speeches, and 
 some persons in the Republican party re- 
 garded him as a man opposed to the Gov- 
 ernment, and as seeking the estabUshment 
 of a North-western Confederacy; By oppb* 
 sition to the Government, I mean opposition 
 to Mr. Lincoln's Administration. 
 
 W. J. Smith, a vfitness for the accused, 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 189 
 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as fol- 
 lows: 
 
 I am Clerk in the United States District 
 Court, and have held that position since 
 May, 1863. The business of the Court has 
 in no way been interfered with. We have 
 had our special and regular terms, and 
 processes have been issued and returned 
 regularly. There have been one or two 
 suits instituted for obstructing the processes 
 of the Court, but the regular business of 
 the Court has not been interfered with. 
 
 Samuel Chandler, a witness for the ac- 
 CTlsed, was then introduced, and, being duly 
 sworn by the Judge Advocate, testified as 
 follows : 
 
 I am Deputy Clerk of the United States 
 CSrcuit Court, and b«,ve held that position 
 since the 4th of February, 1863. The Court 
 has been exercising jurisdiction . in this 
 State; since that time it has been open, 
 and holding its regular sessions, and there 
 has been no disturbance or civil commotion 
 to intei-fere with the business of the Court, 
 that I know of. 
 
 D. Garland Eose, a witness for the ac- 
 cused, was then introduced, and, being duly 
 sworn by the Judge Advocate, testified as 
 follows: 
 
 I am United States Marshal for this Dis- 
 trict, and have held that office since April, 
 1861. I do not know of any obstructions 
 to the serving of processes during the past 
 year; I do not know of any suits now pend- 
 ing in the Federal Courts for obstructing 
 the service of process, though the District 
 Attorney could answer that question better 
 than I could. 
 
 I know threats were made, and resistance 
 was apprehended, but none was oflfered 
 that caused any arrests to be made, that I 
 know of. 
 
 Edward Harrison, a witness for the Gov- 
 ernment, was then introduced, and, being 
 duly sworn by the Judge Advocate, testified 
 as follows : 
 
 I live in Wells county. Union township, 
 Indiana; I am a farmer, and at present sub- 
 stitute in the army. I have known Dr. 
 Zumro for five years; I live about three- 
 quarters of a mile from him. I know his 
 general reputation in the neighborhood in 
 which he lives, and that reputation is good, 
 and from that reputation I would believe 
 him under oath. 
 
 CROSS-EXAMINATION. 
 
 I am a Union man. Among those I have 
 heard speak of Dr. Zumro, are Mr. Eatliff 
 and Mr. Cagger, both of whom are Union 
 men EatUff said that he respected Zumro; 
 that he was a man of principle, and could 
 be depended upon. No inducements have 
 been held out to me to testify as to Zumro's 
 (Character. I have been pretty intimately 
 
 acquainted with him; he has been my fam- 
 ily physician. 
 
 John Nave, a witness for the accused, was 
 then introduced, and, being duly sworn by 
 the Judge Advocate, testified as follows: 
 
 Dr. Zumro has been my family physician 
 for seven or eight years. I know his repu- 
 tation for truth and veracity in the neigh- 
 borhood where he lives, and it is good ; I 
 would believe him under oath. The class 
 of men that have usually spoken against 
 Dr. Zumro, belong to the Democratic party. 
 I have not heard any body else say any 
 thing against him. I, myself, belong to the 
 Democratic party. 
 
 CROSS-EXAMINATION. 
 
 I know that Dr. Zumro has had enemies 
 in the medical profession ; I have heard men 
 say that he was a great liar; but it was by a 
 Dr. Joseph Scott and others, who differ from 
 him professionally, and it did not affect his 
 character for truth and veracity. Before 
 this controversy came up, I have heard Dr. 
 Stockwell and Mr. Daniel Haeflee speak of 
 him as a man of truth ; they always spoke 
 well of him. 
 
 BE-EXAMINATION. 
 
 Before these trials came up, I did not 
 hear any one speak against Dr. Zumro, ex- 
 cept for some special reason, or because he 
 was a personal enemy. 
 
 W. C. Smock, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as fol- 
 lows: 
 
 I am Deputy Clerk of the Markle Circuit 
 Court, and ex-officio of the Common Pleas 
 Court. The courts of this county have 
 been unobstructed in the exercise of their 
 jurisdiction. 
 
 David Stockman, a witness for the Gov- 
 ernment, was then introduced, and, being 
 duly sworn by the Judge Advocate, testified 
 as follows: 
 
 I live in Eock Creek township. Wells 
 county, Indiana; I have been somewhat in- 
 timately acquainted with Dr. Zumro for 
 about three years. I live about a quarter 
 of a mile from him. I know his reputa- 
 tion for truth and veracity to be good, and 
 would certainly believe him under oath. 
 Politically I belong to the Democratic 
 party. 
 
 cross-examination. 
 
 I have heard people speak against Dr. 
 Zumro, and say that he was not a very 
 good Doctor. I have not mixed much with 
 the people of the neighborhood, but as far 
 as I have heard, no one has spoken against 
 him as a man of truth. 
 
 Jacob Farling, a witness for the Govern- 
 ment, was then introduced, and, being duly 
 sworn by the Judge Advocate, testified as 
 follows: 
 
190 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 I live in Bock Creek township, Wells coun- 
 ty, Indiana. I am trustee of that town- 
 ship; I belong to the Democratic party, 
 and joined the Sons of Liberty. I live 
 about five miles from Dr. Zumro; have 
 known him four or five years; he has been 
 my Doctor; his reputation for truth and 
 veracity in our neighborhood, where he 
 doctors most of the people, is good as far 
 as I have learned; the people of that 
 neighborhood are mostly Pennsylvania 
 Dutch. I did not hear any thing against 
 his reputation before these treason cases 
 came up ; and I would believe him under 
 oath. 
 
 CROSS-EXAMINATION. 
 
 I have not heard Dr. Zumro's character 
 much discussed; it did not come up; I 
 have not heard people speak against him 
 until of late; since these cases came up, I 
 have heard people speak ill of him. 
 
 KE-EXAMINATION. 
 
 I never heard any thing said against Dr. 
 Zumro, till he came on the stand and testi- 
 fied about these Sons of Liberty. 
 
 William E. Taylor, a witness for the Gov- 
 ernment, was then introduced, and, being 
 duly sworn by the Judge Advocate, testified 
 as follows: 
 
 I live in Rock Creek township. Wells 
 county, in this State, and run a saw mill. 
 I have acted as Justice of the Peace 
 for two terms. Politically I am a Republi- 
 can, and voted for the Union party. I 
 have been drafted, and am now a soldier. 
 Have known Dr. Zumro ten years, dur- 
 ing which time he has been my family phy- 
 sician. 1 am acquainted with his general 
 reputation for truth and veracity ; that rep- 
 utation is good, and I would believe him 
 under oath. 
 
 R. C. Booking, a witness for the accused, 
 was then introduced, and, being duly sworn 
 by the Judge Advocate, testified as fol- 
 lows: 
 
 I am the inventor of certain Greek fire 
 shells, and missiles of various kinds. 1 
 made a shell and applied for a patent, 
 and had a caveat filed for it as well as 
 for the Greek fire, which I invented, and 
 which I claim to be the same as that used 
 by the Greeks, and which burns under 
 water. I have been traveling for the pur- 
 pose of presenting my claims to the public, 
 since the spring of 1863. Have been at 
 Cincinnati, Louisville, Detroit and here. 
 Being short of means, I was trying to find 
 some person to assist me in getting my in- 
 vention through. It was open to the pub- 
 lic ; and I came here to try it by order of 
 General Burnside. I brought it before 
 Adjutant General Noble, Colonel Freybar- 
 ger, Major McClure, General Wilcox and 
 his stafi', Mr. IloUoway, editor of the Indi- 
 anapolis Journal, and I showed it every- 
 
 where to the public. General Wilcox was 
 Commander of this State at that time. I 
 am not a member of the secret organization 
 known as the Order of American Knights 
 or Sons of Liberty, and never was. My 
 Greek fire had no connection with the or- 
 der, nor did I receive any assistance from it 
 in any way. I know Dr. Bowles. He asked 
 me, when in Louisville, if I would show 
 him and his friends some of the shells and 
 the Greek fire; I told him yes. In the af 
 ternoon he came to my room at the Louis- 
 ville Hotel, with several gentlemen, and 
 I showed it and explained it to them. I 
 told them it was a pity I could not get 
 along with my inventions for want of 
 means, and Dr. Bowles said he would 
 see some of his friends and ascertain if 
 something could not be done, so that I 
 could get along with the shell. In the 
 evening, when I was at the hotel, a young 
 man came to me, and asked me to go up to 
 Dr. Kalfus' office; when I went up, some 
 person, I did not know who, said to me, 
 that some of the gentlemen to whom I had 
 shown my inventions had agreed to help 
 me, and they gave me a little paper with 
 money in it, which I did not count until I 
 got back to the hotel, when I found that it 
 was in the neighborhood of two hundred 
 dollars. 
 
 This gift had no connection that I know 
 of witli the Order of American Knights, 
 or Sons of Liberty, and not a word was 
 said about any thing of the kind. Nothing 
 was said that I know of, at the hotel, about 
 using my invention for improper, disloyal 
 or treasonable purposes; when the gentle- 
 men talked together, they were quite far 
 ofi' from me, and they spoke very low. I 
 was never in Salem, Indiana; though I 
 may have passed through the place on the 
 train ; nor did I ever exhibit my shells, or 
 experiment with my Greek fire to Mr. 
 Horace Hefiren, at Salem. I never saw 
 him until I met him in the cell where I am 
 now confined. I never received from Dr. 
 Bowles any money, or aid in any way; nor 
 did I have any'contract with him to fur- 
 nish my missiles to him or to the Order of 
 Sons of Liberty. 
 
 CROES-EXiMINATlON. 
 
 Dr. Bowles was present when the money 
 was given to me, but I do not know who it 
 was that furnished it, and never heard any 
 one say. I think it was some gentleman 
 to whom I showed the shell. I did not 
 know the name of any one present, except 
 Dr. Bowles and Mr. Stidger. My object in 
 going to the Louisville Hotel was to try to 
 get help. 1 knew Dr. Bowles before going 
 there, having seen him at his place; he 
 keeps a watering place; I went there to 
 board at one time when I was sick. When I 
 went to Dr. Bowles' place, he was not there; 
 I waited perhaps an hour; when he came 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 191 
 
 back, he asked me what my business was, 
 and I told him that I had an invention. 
 In the conversation it came out that I was 
 out of means, and I thought I would board 
 there, as it was cheaper than liere. He 
 said if I would go to Louisville, he would 
 meet me there with some friends, and try 
 to help me. I staid at his house until after 
 dinner, when I left. 
 
 Q. Do you pretend to say that you told 
 them you were hard up, and they gave 
 you two hundred dollars without mak- 
 ing any agreement, or exacting any prom- 
 ise? 
 
 A. Yes, sir; they just presented me with 
 two hundred dollars. 
 
 From Louisville I think T came "here, 
 and staid about a week; I then went to 
 Detroit, and staid about another week; 
 from Detroit I went to Cincinnati; from 
 there to Adams county, Ohio; then back to 
 Cincinnati, and from Cincinnati here, where 
 I have staid until now. 
 
 Q. When was it you were in Windsor, 
 Canada? 
 
 A. I think it was in April or May. I was 
 there a couple of weeks, but doing nothing, 
 I boarded with a Mr. Steele ; I think they 
 called him Colonel Steele, but I do not 
 know why. Possibly he was a Colonel in 
 the rebel army, though he never told me, 
 and I never asked him. There were a 
 couple of young men boarding with Colonel 
 Steele; one was a nephew of his, the other 
 I did not know. One of them, I believe, 
 had been in the rebel army. I think I went 
 from Kentucky to Canada. I knew Colonel 
 Steele in Kentucky, when I was Major in 
 iletcalf's Cavalry. It was when I was in 
 Detroit that T went over to the Canada side, 
 and saw Colonel Steele in a billiard saloon. 
 I told him how I was situated ; that I 
 wanted a partner to go in with me to get 
 that shell through; Mayor Barker, in De- 
 troit, became my partner. 1 slept at Col- 
 onel Steele's, and went over to Detroit every 
 day. I saw Mr. Vallandigham there two or 
 three times, but never spoke to him. 
 
 William H. Chapman, a witness for the 
 Government, was then introduced, and, be- 
 ing duly sworn by the Judge Advocate, tes- 
 tified as follows: 
 
 I reside at Markle, Huntington county, 
 Indiana, where I have lived about eight 
 years. I am acquainted with Dr. Zumro, 
 and know his general reputation for truth 
 and veracity, and, from that reputation, I 
 certainly should believe him under oath. 
 
 CB0SS-EIAMINATI0>f. 
 
 I am a Union man, and have voted with 
 that party for several years. 
 
 William Johnson, a witness for the Gov- 
 ernment, was then introduced, and, being 
 duly sworn by the Judge Advocate, testified 
 as foUows: 
 
 I reside at Markle, Huntington county, 
 Indiana. I am Captain of a home guard 
 company ; I belong to the Union party. I 
 have been acquainted with Dr. Zumro eight 
 or ton years, and know his reputation for 
 truth and veracity; that reputation is good, 
 and I would believe him under oath. 
 
 CROSS-EXAMINATION. 
 
 I have heard some people speak against 
 Dr. Zumro, but I believe they have been his 
 personal enemies; and I do not know that 
 Dr. Zumro has a larger share of men who 
 speak ill of him, than other people who live 
 in a town like Markle. There are between 
 two and three hundred people in Markle. 
 
 Samuel D. Price, a witness for the Gov- 
 ernment, was then introduced, and, being 
 duly sworn by the Judge Advocate, testified 
 as follows: 
 
 I reside in Eockcreek township, Wella 
 county, Indiana. I am a carpenter ; at 
 present a soldier in the army, which I en- 
 tered about three weeks ago. I have known 
 Dr. Zumro, intimately, for three or four 
 years; he is our family physician. I know 
 his general reputation for truth and vera- 
 city; it is good: and I would believe him 
 under oath. 
 
 CROSS-EXAMINATION. 
 
 Dr. Zumro never made any promises, or 
 told me that I should be assigned to easy 
 duties, if I testified in this case. I am not 
 much acquainted about Markle, nor in 
 Huntington county. I never heard any 
 one say any thing against Dr. Zumro, but I- 
 have heard several speak in favor of him 
 before these treason cases came up. Among 
 them I have heard Mr. Dresser, Mr. Kitting 
 and Mr. Taylor. In politics I am a Repub- 
 lican. 
 
 Thurston W. Kitting, a witness for the 
 Government, was then introduced, and, 
 being duly sworn by the Judge Advocate, 
 testified as follows: 
 
 1 reside in Rockcreek township, AVells 
 county, Indiana, and am a farmer. I live 
 four or five miles from Markle. I have 
 been somewhat acquainted with Dr. Zumro 
 about four years. His reputation is gener- 
 ally good, and I would believe him under 
 oath. 
 
 CROSS-EXAMINATION. 
 
 I am a Union man. I have heard several 
 people speak of Dr, Zumro, and they have 
 said that he was a fine man, and that he 
 was thought a good deal of 
 
 BoRziLLAi Messler, a witness for the Gov- 
 ernment, was then introduced, and, being 
 duly sworn by the Judge Advocate, testified 
 as follows: 
 
 I reside in Eockcreek township, Wells 
 county, and live about two miles from Dr. 
 Zumro, whom I have known eight or ten 
 
192 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 years ; his reputation for truth and veracity 
 is good, and I should believe him under 
 path. 
 
 CBOSS-EXAMINATION. 
 
 I used to vote the Democratic ticket, but 
 I voted for Fremont for President, and have 
 voted the Republican ticket since. 
 
 Thomas Gr. Smith, a witness for the Gov- 
 ernment, was then introduced, and, being 
 duly sworn by the Judge Advocate, testified 
 as follows: 
 
 1 reside in Markle, Huntington county, 
 Indiana; have lived there since 1860; I 
 Lave known Dr. Zumro since that time. My 
 private relations with him have not been 
 good. His reputation for truth and veracity 
 in the neighborhood where he lives is gene- 
 rally good, and I would believe him under 
 oath. 
 
 CROSS-EXAMINATION. 
 
 I have said, in times past, that Dr. Zumro 
 was a scoundrel; that was before this con- 
 troversy came up, and it arose out of a per- 
 sonal difficulty, which made me feel un- 
 kindly toward him at the time. I have heard 
 Dr. Zumro spoken against, but I thought 
 medica,! matters caused it. I have heard 
 Dr. Zumro censured by some in connection 
 with the church which he left; I believe 
 the circumstances were these : In Pennsyl- 
 vania there is a denomination which has a 
 large fund for the education of ministers ; 
 Dr. Zumro was one of their students, and 
 was educated for the ministry at their ex- 
 pense. He afterward changed his course, 
 and instead of preaching, practiced medi- 
 cine. Politically I am a friend of the Ad- 
 ministration; I did not, however, vote for 
 Mr. Lincoln the first time he was elected; 
 in 1859 I voted with the Democratic party. 
 
 Mrs. Elizabeth T. Simons, a witness for 
 the Government, was then introduced, and, 
 being duly sworn by the Judge Advocate, 
 testified as follows : 
 
 I reside at Lagro, Indiana; formerly I re- 
 sided at Huntington, Indiana. My father's 
 name is Kev. Richard A. Curran. 
 
 Q. Did you have any difficulty with your 
 father about the time of your marriage? 
 
 Question objected to by the accused, as 
 it is incompetent to impeach a witness who 
 is called as an impeaching witness. Mr. 
 Curran having been called to testify to Mr. 
 Milligan's good character, and to Dr. Zum- 
 ro's bad character. 
 
 If it were permitted to call witnesses to 
 impeach witnesses for character, they might 
 call rebutting witnesses, and there would be 
 no end to such testimony. A witness whose 
 character is impeached, can not call rebut- 
 ting witnesses to testify to his good charac- 
 ter, but that ends it. You might inquire 
 whether an impeaching witness has a good 
 character, or whether he has not. It is also 
 a rule of law, that, on all material matters, a 
 
 witness can not be impeached by calling 
 other witnesses as to a matter of fact. 
 
 The Judge Advocate replied: 
 
 The reverend gentleman who testified in 
 this Court, was called for the purposfe of cer- 
 tifying to the moral character of Mr. Milli- 
 gan, as well as to his loyalty and law-abid- 
 ing disposition. He testified at length upon 
 that question. To ascertain from what 
 stand-point he testified as to Mr. Milligan's 
 character, in those respects, I asked about 
 his own sentiments, also as to whether he 
 had a difficulty with his daughter on this 
 question, and whether he had not laid vio- 
 lent hands upon her. 
 
 I asked these questions to ascertain his 
 sentiments toward the Government. When 
 asked whether he had any difficulty with 
 his daughter about her marriage with a 
 Union man, and whether he had laid vio- 
 lent hands upon her, he flatly denied the 
 charges. It is, therefore, perfectly legiti- 
 mate to disprove his assertions. 1 propose 
 to a,sk the character of the man by whom 
 the accused undertook to establish his char- 
 acter. 
 
 The accused replied: 
 
 1 do not remember that the foundation 
 for the impeachment was laid by calling the 
 attention of the witness to the time and 
 place when he made the declarations, or 
 committed the act upon which he is to be 
 impeached. Unless this was done, the wit- 
 ness can not be impeached. I quote from 
 Greenleaf On Evidence, vol. 1, page 602: 
 
 "The credit of a witness may also be im- 
 peached by proof that he has made state- 
 ments out of Court contrary to what he has icMiJicd 
 at the trial. But it is only in such matters 
 as are relevant to the issue, that the wit- 
 ness can be contradicted." 
 
 I may here ask whether it was relevant 
 to the issue to know whether the witness 
 choked his daughter or not, or did not 
 want her to marry a Union man ? 
 
 The author adds : 
 
 " And before this can be done, it is gene- 
 rally held necessary, in the case of verbal 
 statements, first to ask him as to the time, 
 place, and person involved in the supposed 
 contradiction. It is not enough to ask him 
 the general question, whether he has ever 
 said so and so, nor whether he has always 
 told the same story; because it may fre- 
 quently happen, that upon the general 
 question, he may not remember whether he 
 has so said; whereas, when his attention is 
 directed to particular circumstances and 
 occasions, he may recollect and explain 
 what he has formerly said. This course of 
 proceeding is considered indispensable, 
 from a sense of justice to the witness ; for 
 as the direct tendency of the evidence is to 
 impeach his veracity, common justice re- 
 quires that, by first calling his attention to 
 the subject, he should have an opportunity 
 to recollect the facts, and, if necessary, to 
 
TKEASON TRIALS AT INDIANAPOLIS. 
 
 193 
 
 correct the statement already given ; as well 
 as by a re-examination to explain the na- 
 ture, circumstances, meaning, and design 
 of what he is proved elsewhere to have 
 said." 
 
 The present case is one where on attempt 
 is not only made to contradict the witness 
 in regard to verbal statements, but also as 
 to facts not relevant to the issue, and the 
 rule of law just quoted is against the com- 
 petency of the mode of examination pro- 
 posed by the Judge Advocate. 
 
 The Judge Advocate replied : 
 
 If the testimony of the witness was not 
 relevant to the issue, he should not have 
 been put on the stand. It is relevant to 
 the issue to iind out whether he told the 
 trxith or not. 
 
 The couri room was then cleared for do- 
 liberation. 
 
 On being reopened, the Judge Advocate 
 announced that the objection had been 
 overruled, and the question sustained. 
 
 The witness continued : I had a difficulty 
 with my father at the time of my marriage, 
 but he always said that he did not oppose 
 my marriage on account of the politics of 
 my husband, though my impression has 
 been otherwise. I think his words were, 
 that he would as soon I would marry a 
 negro as an abolitionist. He did use vio- 
 lence toward me during that difficulty; 
 he laid hands on me, and caught me 
 by the. throat, and made threats against my 
 life. 
 
 Q. Did he choke you? 
 
 Question objected to, and withdrawn. 
 
 He ordered me to leave the house, and 
 forbade me to return. He threatened to 
 knocli my brains out if he met me any- 
 where with Mr. Simons. 
 
 CKOSS-EXAlirN-AXrON BY JOHN It COFFROTH, ESQ. 
 
 My father drove me from his house in the 
 morning, and, by the advice of my mother, 
 I went to Dr. Blount's. In the afternoon 
 of the same day, he came with Mr, Cofiroth 
 to the house where I was staying. I re- 
 member my father saying to me, in an un- 
 der tone, that he was perfectly willing that 
 I should return home. I had had a con- 
 versation with Mr. Coffroth prior to that. 
 AYhen I got to Dr. Blount's, I wrote a letter 
 to Mr. Simons, stating the difficulty that 
 had occurred. From there I went to his 
 brother's. It was through Mrs. Blount's in- 
 fluence I sent for Mr. Coffroth. 
 
 Q. What motive did you have in sending 
 for me? 
 
 Question objected to by the Judge Advo- 
 cate. 
 
 The counsel replied: 
 
 I pressithe question, because the witness 
 was laboring under strong mental excite- 
 ment, and to show that h6r father went 
 there with myself, and that the whole mat- 
 ter was talked over and reconciled, and 
 13 
 
 harmony restored between them, I pro- 
 pose, further, to show that she was laboring 
 under hallucination, and misunderstood her 
 father. There are many reasons why this 
 question should be allowed. It is an act of 
 simple justice to the accused, and to tlie 
 witness, whose character is called in ques- 
 tion, that this course of examination should 
 be permitted. 
 
 The Judge Advocate replied : 
 
 The present question is : "What was your 
 motive in sending for me ?" It is perfectly 
 immaterial to the Court what the motives 
 of the witness were; that the counsel can 
 investigate privately, if he desires. The 
 simple question before the Court is, did 
 Mr. Curran tell the truth when he said that 
 he had never laid violent hands on his 
 daughter, and never drove her from his 
 house ? The examination-in-chief was con- 
 fined to that, and the cross-examination 
 must be confined to the same point. If 
 the accused can ask the witness what oc- 
 curred after her father drove her from his 
 house, he can asli her about every transac- 
 tion in her life from that time to this. 
 
 The Court was cleared for deliberation. 
 On the Court being reopened, the Judge 
 Advocate announced that the objection 
 had been sustained. 
 
 Question by the accused: 
 
 You may state whether on the day of 
 the difficulty, your father did not visit you, 
 and whether you did not become entirely 
 reconciled with each other ? 
 
 Objected to by the Judge Advocate, as 
 involving the same legal question just 
 passed on. Question witlidrawn. 
 
 Question by the accused : 
 
 "When your father came to see you, at 
 that time, you may state, if in the conver- 
 sation between yourself and your father, 
 in talking over the difficulty, was it not ad- 
 mitted by you to him, that the difficulty 
 grew out of your calling your father a liar, 
 and putting his hand on your shoulder he 
 stated to you that you must not speak to 
 him in that manner? 
 
 A. I did not state any such thing. 
 
 Q. Were not Mrs, Young, Mrs, Dr. Blount, 
 and Mrs. Wm. Blount present at that in- 
 terview ? 
 
 A. Mrs. Dr. Blount was present; I am 
 not positive about Mrs, Young being 
 there. They were in the room when you 
 came in, but I think left, except Mrs. Dr. 
 Blount. 
 
 Q. "Was not Mrs. Dr. Blount present? 
 
 A. Yes, sir. 
 
 Q. Is it not true, that this matter of 
 choking you was nothing more than the 
 fact that your father laid his hand on your 
 shoulder? 
 
 A. He did choke me. 
 
 Q, Where did he choke you? 
 
 A. He caught me by the throat 
 
 Q. Have you not, for the last four or five 
 
194 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 years, been laboring under strong mental 
 excitement, induced by sun-stroke? 
 
 Question objected to by the Judge Ad- 
 vocate. 
 
 Bach a question can only be put for one 
 purpose: To prove the incompetency of 
 the v.'itness to testify. It is too late to 
 make that point. It should have been 
 made before going into such a cross-exam- 
 ination as has been had. 
 
 The counsel for the .accused replied: 
 
 The objection of the Judge Advocate is 
 not well taken as to the proper time of 
 showing the mental condition of the wit- 
 ness. I m\y show that the witness is en- 
 tirely incompetent to testify as~ to that par- 
 ticular occurrence, because she was labor- 
 ing under such strong mental excitement 
 that it rendered her statements entirely 
 incredible. We may show that the wit- 
 ness was laboring under a partial hallucin- 
 ation. It may be shown that during this 
 excitement, and partial derangement, the 
 witness may have conceived ideas not 
 founded on fact, and I do not confine my 
 question to the particular time of this dif- 
 ficulty. It is well known that the witness 
 had a sun-stroke several years ago, which 
 affected her brain, and caused periods of 
 strong mental excitement, and that they 
 existed before the time of this difficulty, 
 at the time, and since then. 
 
 I withdraw the question as to that par- 
 ticular time. 
 
 My father has accused me of insanity, 
 hut I never understood that his reason for 
 so thinking, was the cause of his objection 
 to my marriage. 
 
 Q. You may state whether, from that time 
 to this, your father has not been the same 
 kind father you have always known him 
 to be? 
 
 Objected to by the Judge Advocate, as 
 immaterial. 
 
 The counsel for the accused replied : 
 
 I propose to show that for a long series of 
 years, and indeed up to this time, her father 
 has been one of the kindest and most in- 
 dulgent of parents. I think I can show 
 that he did not do what she complained of, 
 and that she may be mistaken in her im- 
 pressions about this matter. 
 
 The Judge Advocat-e withdrew the objec- 
 tion. 
 
 The witness continued: 
 
 I can not say that my father was kind in 
 his treatment of me. He is naturally a 
 very passionate man. 
 
 EB-EKAMINATION. 
 
 When I was suffering from this mental 
 excitement, I was always prepared for these 
 attacks of dehrium, by a severe pain in 
 my head several hours before the dehrium 
 set in. Sometimes the attacks would last 
 a day and a night. At the time of my 
 father's making that attack upon me, I had 
 not suffered from any paroxysm of deli- 
 rium for more than a year, nor have I 
 had any attack since that difficulty occur- 
 red, except immediately afterward. Within 
 three or four days after this difficulty I 
 was taken quite ill, and was delirious for 
 twenty-four hours afterward, during which 
 I ruptured a, blood vessel. Though my 
 father is a passionate and excitable man, 
 he did not use any violence toward me be- 
 fore the difficulty of which I have spoken. 
 He used threatening language to me 
 in the fall, I think, previous to this diffi- 
 culty, which was in the spring of 1863. 
 His threat, I think, was that he would 
 shoot me, and he made this threat several 
 times. I never had any words with my 
 father about political matters until the 
 morning of my difficulty, and I do not 
 recall any other instances of unkindness 
 except the threats in connection with 
 my contemplated marriage with Mr. Sim- 
 ons. 
 
 I never heard my father make use of any 
 expressions against the Government. 
 
 The Judge Advocate then annouiiced that 
 the accused and the Government having no 
 more witnesses to introduce, the testimony 
 was closed. 
 
 The counsel for the accused desired the 
 Commission to adjourn till Tuesday next, 
 to allow time for the preparation of their 
 final argument. 
 
 The Commission then adjourned, to meet 
 on Tuesday, December 6, 1864, at 10 o'clock, 
 A. M. 
 
A-RaUMENT 
 
 ON THE 
 
 JURISDICTION OF A MILITARY COMMISSION, 
 
 JON"ATHAN W. QOEDON, 
 
 Mr. President and Gentlemen of the Commission : 
 
 I appear for Colonel Bowles and Mr. Hum- 
 phreys, who have directed me to discuss the 
 question of your jurisdiction to try them. 
 Before proceeding to this discussion, however, 
 I may be pardoned for briefly referring to 
 some preliminary considerations. 
 
 I will not deny that I am oppressed with 
 the greatness and weight of the labor assigned 
 me. Many circumstances conspire to make 
 this day's work a burden, while but few 
 sources of external encouragement and sup- 
 port are to be found. 
 
 I meet at the threshold of the solemn duty 
 of this hour, the settled hostility of the Ad- 
 ministration, the fierce and relentless spirit 
 of the dominant party, and a strong tide of 
 prejudice and passion created by a partisan 
 press, which, during this trial, has continually 
 prejudged the questions to be discussed and 
 decided here to-day. Nor, indeed, has this 
 uncharitable work been confined to the press. 
 Public speakers have caught up the testi- 
 mony of witnesses even before their cross-ex- 
 amination; and, with such one-sided, partial, 
 broken fragments of the whole truth, have 
 rushed eagerly into the popular arena, and 
 proclaimed the guilt of the accused in every 
 part of the State. 
 
 It-is impossible that these facts should not 
 have met your observation ; and almost as im- 
 possible that you should not (although you 
 are all unconscious of their influence) be 
 more or less affected by them. They can not, 
 indeed, have passed unobserved by you who 
 have been at liberty, and circulating freely 
 among the people; for they have found their 
 way even into the lonely cells of the prisohers, 
 and made themselves manifest by the dim and 
 dismal twilight of their dungeons. They are, 
 indeed, every-where. They have polluted the 
 atmosphere, and infected the minds of the 
 people. They are like the air around and 
 within us; and pass unheeded and unthought 
 of, while they give color, direction and tone to 
 all our thoughts and actions. 
 
 Nor, in regard to one of the accused, has it 
 been sufficient for the purposes of those who 
 have joined in this hue and cry, to confine 
 their assaults upon him to the present time, 
 or to the offenses with which he now stands 
 charged. They have gone back to the days of 
 
 other years, and have dragged up and scal- 
 tered over the land, old, and stale, and 
 groundless imputations of delinquency orig- 
 inating in the time of the Mexican War. A 
 record, made by interested men, for selfish and 
 ambitious purposes, has been rcfei-red to, and 
 old passions and prejudices invoked, upon a, 
 point whereon the people of Indiana are justly 
 more sensitive than upon any other — the point 
 of honor. But even that record does not as- 
 sail his courage, his gallantry, or his patriot- 
 ism; and, if it did, he mighf still proudly ap- 
 peal from it to the testimony of his illustrious 
 commander. Major General Zachary Taylor, 
 under whose eye he fought on the glorious 
 field of Buena Vista. To the report of that 
 chieftain he appeals against the slanders born 
 of subsequent and interested accounts of that 
 contest; and prays that they may not be al- 
 lowed to give a false and injurious coloring to 
 the present accusation, and to the sentence 
 which you are now about to pronounce. 
 
 I confess, however, that a still graver source 
 of embarrassment to me, in the performance 
 of my present duty, springs from the nature 
 of the subject to be discussed — the importance 
 of the principles to be defended. In view of 
 these, the lives and fortunes of the accused — 
 and, indeed, of us all — are as nothing. They 
 and we are but mortal men. The worst that 
 can possibly befall them at your hands, can, 
 therefore, but anticipate, by a very few years, 
 the common doom which time, or disease, or 
 both together, will bring to them and to us all; 
 for 
 
 *' To every man upon this earth, death cometh soon or 
 late." 
 
 It is not, then, merely because the lives and 
 fortunes of the accused are suspended upon 
 the result of this trial, that I confess myself 
 embarrassed — overwhelmed at this moment, 
 in the presence of the duty to which it calls 
 me. That the lives, and fortunes, and good 
 fame of the defendants are all involved in this 
 cause, is, indeed, of itself, a fact of sufiicient 
 importance to touch very nearly any one 
 whose heart is not dead to the gentle plead- 
 ings of pity and mercy; and weigh heavily 
 upon him who in any, even the least degree, 
 may divide the responsibility of an unfortu- 
 nate result to either. I am not insensible to 
 the weight of responsibility due, in that re- 
 195 
 
196 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 spect, to my relation to their cause. I am 
 sure, howeyer, that I should but ill represent 
 their sentiments and wishes, if I allowed my- 
 self, in this defense of their individual in- 
 terests, wholly to lose sight of the conse- 
 quences which must follow to the cause of con- 
 stitutional liberty in our country, by sub- 
 jecting them to a military jurisdiction, to 
 which, by the Constitution and laws of the 
 land, they are, in my judgment, clearly not 
 amenable. The general consequences which 
 must iiow from such a precedent, giye this 
 trial an importance far above any private in- 
 terests involved in it; and make my sense of 
 responsibility painful in the extreme, for fear 
 that "the good old cause" may suffer detriment 
 through some default of mine. 
 
 But amid all these sources of discourage- 
 ment and embarrassment — and there are 
 others which time will not permit me to no- 
 tice — ^I acknowledge with due thankfulness 
 that there are not wanting some great encour- 
 agements and supports. Among these is the 
 fact of publicity. These things are not done 
 in a corner, nor under a bushel. They will 
 be proclaimed from the house-top; and read 
 and known of all men. They will be recon- 
 sidered and rejudged long after they shall 
 have lost all their importance to us who are 
 now engaged in them. What is right in them 
 will bo retained and appropriated by man- 
 kind to aid the great cause of civil liberty, 
 and advancing civilization. What is wrong 
 will just as certainly be condemned and re- 
 jected, as useless or hurtful to the same cause, 
 by the same judgment. The record which we 
 this day make up and complete, will go to the 
 tribunal of history — v, tribunal where preju- 
 dice can not wound, nor slander kill. To all 
 who earnestly strive to follow the path of 
 truth and justice this day, the decisions of this 
 tribunal can bring neither harm nor shame; 
 for truth and justice are its eternal founda- 
 ■ tions. 
 
 Nor am I less encouraged and upheld by 
 the voice of history. The labor assigned me 
 will rest upon facts and precedents, handed 
 down to us by the liberty-loving race to which 
 .we belong. If these shall be regarded as of 
 any authority in this forum, then my labors 
 shall not be in vain. Success shall crown 
 them. The character of the members of this 
 Commission, their habitual love of constitu- 
 tional liberty, and of order maintained by 
 law, do not permit me to doubt that they will 
 carefully consider the great question of juris- 
 diction; and, indeed, all other questions prop- 
 erly before them, and render an honest find- 
 ing and sentence 'according to the Constitu- 
 tion and laws of the land. That Constitution 
 and those laws are but the organization of the 
 facts and precedents transmitted to us witli our 
 blood, by our British ancestors. They are 
 mingled with our very being; and permeate 
 all the channels of our social and political 
 life. To abandon them, is to give up our social 
 and political life — is to die. And, indeed, in 
 this time of national sickness, when the pub- 
 lic mind is suffering under a melancholy and 
 morbid excitement, amounting almost to frenzy. 
 It would be madness to give up the sure foun- 
 
 dations of the Constitution and laws, and the 
 history and customs of a thousand years upon 
 which they rest, for any new-fangled notion 
 born of these evil times. It would be like a 
 man, amid the delirium of a fever, abandon- 
 ing the business and habits of a whole life- 
 time, for a new business and new habits with 
 which he had no acquaintance whatever. His 
 friends would confine him in u, straight 
 jacket, and send him to a lunatic asylum. 
 
 No, therefore, it must not be. The past is 
 the only basis upon which to reconstruct the 
 present — the Constitution, on which it is pos- 
 sible to reunite the belligerent members of this 
 once glorious, but now broken Union. But 
 we, who are devoted to this great work of re- 
 construction, must not exhibit to all the world 
 our utter disregard of its plainest provisions, 
 and most sacred principles. We must not 
 throw down and destroy the fences, which it 
 has built about the primordial rights of man- 
 kind; and then expect our enemies, or even 
 our friends to believe us sincere in our profes- 
 sions of love for the Constitution, or desire to 
 restore the Union ; for, by such a course, we 
 shall become scarcely less guilty of treason 
 to our country, than rebels in arms against it. 
 Indeed, the only distinction, in such case, 
 would be that which separates /orce from /raurf; 
 and as between two such means to such an 
 end, I am sure you will agree with me that 
 force is by far the more noble and manly. 
 But we stand opposed to both — we who stand 
 for our country; and I am comforted to believe 
 that you who have each offered your lives for 
 its salvation from the dangers that assail it 
 by force, will not hesitate to interpose your 
 justice to save it from overthrow which may 
 threaten it under the forms of law. 
 
 It is left for others to discuss the questions 
 of guilt or innocence arising from the testi- 
 mony in its application to the charges. I 
 have nothing to do with it. Only so much of 
 the evidence as tends' to throw light on the 
 question of jurisdiction falls to me; and !■ 
 shall refer to the charges and specifications in 
 so far only as they may aid in the same gen- 
 eral purpose. The argument I am to make 
 would be just as valid if the guilt of the ac- 
 cused stood admitted, as if their innocence 
 were established by the proof, beyond all 
 question. 
 
 There are rights which belong to the guilty 
 as well as to the guiltless; and among them 
 is that of a fair constitutional and legal trial, 
 and all the legitimate consequences thereof. 
 This right, among the ignorant and unthink- 
 ing, is often lost sight of, and sometimes dis- 
 regarded. It is, nevertheless, as important as 
 any other. Its denial is, therefore, a crime, 
 not only against the individual, but also 
 against society at large. To destroy a mur- 
 derer or a traitor by any other process than 
 that prescribed by law, is as much murder as 
 to kill the best man in the country. Dr. 
 Francis Lieber has well presented this subject 
 in his treatise on Political Ethics. He says: 
 
 "The State never ceases to protect; even the 
 blackest criminal, the moment before his head 
 falls, is protected. It was a most fallacious 
 argument that, frusira legis auxiliwm inxwcat gjiu 
 
TREASON TMALS AT INDIANAPOLIS. 
 
 197 
 
 legem committit, from the lex talionis, or is St. 
 John said before the Lords, when ho brought 
 in the bill of attainder against the Earl of 
 Stafford (April 29, 1641), 'He that would not 
 have others have a law, why should he have 
 any himself? ' 'Why should not that be done 
 to him, that he himself would have done to 
 others?' Even modern writers have endeav- 
 ored to derive the punitory power of the 
 State, from the fact that the offender, by doing 
 wrong, declares himself out of the jural soci- 
 ety. Nothing can be more untenable in all its 
 bearings. On the contrary, the State being 
 especially a jural society, can not possibly act 
 except by law, and upon jural relations, and 
 as far as the right of an individual is the 
 condition of his union with other rational 
 individuals, punishment is the right of the 
 offender, however paradoxical this may sound 
 at first, because we are accustomed to imagine 
 under right, some specific privileges. Slate 
 punishment is likewise the protection of the 
 offender, who, without it, would be exposed to 
 all, even the most extravagant modes of pri- 
 vate redress. No offender would hesitate to 
 acknowledge and claim State punishment as 
 his right, if the choice were left him, between 
 State punishment, which, because it is State 
 punishment, requires a formal trial on the one 
 hand: and, on the other, those summary pro- 
 ceedings against criminals caught flagrante 
 delicto, which we find, perhaps, in all early 
 codes, and sometimes acknowledged to a very 
 late period [Blackstone, 4, 308), or to which an 
 excited people sometimes return, when the 
 regular trial appears too slow for their in- 
 flamed passions, as has been the case in those 
 riotous and illegal inflictions of death or other 
 punishment, so unfortunately called lynch 
 law in our country. I say unfortunately called 
 lynch law, for it is ever to be deplored, if any 
 illegal procedure receives a regular and sepa- 
 rate name of its own. By this very applica- 
 tion of a technical term, it assumes an air of 
 systematized authority, which has an aston- 
 ishing effect upon the multitude, and, in fact, 
 upon most men." Book 2, § 345. 
 
 It is this simple principle that makes it 
 murder for any one to kill even a man con- 
 demned to death by a competent court, in a 
 different manner, or at a different time or 
 place, than may have been fixed by the judg- 
 ment. The law in this respect makes no dif- 
 ference between the lives of the guilty and 
 the guiltless. Hence, when men seek to bring 
 their enemies to justice and punishment by 
 short and easy methods unknown to the law, 
 and, therefore, in violation thereof, they but 
 dig a pit into which themselves may, at any 
 moment, fall and be lost. He who kills even 
 a traitor in violation of law, kills at the same 
 time the law itself. 
 
 Whatever may be your opinions, therefore, 
 of the guilt or innocence of the accused, it 
 can not effect the question of jurisdiction. 
 
 The next topic to which I desire to call your 
 attention, arises from the language of the 
 several specifications, and is particularly im- 
 portant for the purposes of this discussion, in 
 BO far as it may apply to those embraced un- 
 der the last charge, namely, "Violation or 
 
 THE Laws or War." It is this; that the alleged 
 offenses were committed "within the military 
 lines of the army of the United States, and 
 the theater of military operations." 
 
 Whatever may have been the purpose of the 
 Judge Advocate in inserting this clause, it is 
 clear to any lawyer that no jurisdiction can 
 arise from it, when taken in connection with 
 the fact that the accused are citizens of the 
 State of Indiana, and of the United States; 
 and that Indiana has always sustained a rela- 
 tion of loyalty to the Union and its Govern- 
 ment. But even if there was no proof of 
 citizenship of the accused, it has not been 
 proven that the State of Indiana is either 
 "within the military lines of the armies of 
 the United States," or "the theater of military 
 operations." Had the averment been that it 
 was within the theater of war, it would have 
 been well; for the whole country is the theater 
 of war. But that can not be said of the lines 
 of the army, or of the theater of military 
 operations. There is no definition of "the 
 lines of the army " that extends so far ns is 
 here claimed by the Judge Advocate; and all 
 military writers which I have been able to 
 examine, define "the theater of operations" 
 as follows, contradistinguishing it from the 
 theater of war; 
 
 "The theater of war embraces not only the 
 territory of the two belligerent powers, but 
 also that of their allies, and of such second- 
 ary powers as, through fear or interest, may 
 be drawn into the contest." « « » 
 
 "The theater of operations, however, is of a 
 more limited character, and should not be con- 
 founded with the theater of war. In general, 
 it includes only the territory which an army 
 seeks, on the one hand, to defend, and on the 
 other to invade." JIalleck's Elements of Military 
 Art and Science, p. 44; Jominis Art of War, 74, 75. 
 
 I conclude, therefore, that "the theater of 
 military operations," of a given army, must 
 be in front of the base of operations of that 
 army. Thus, the base of operations of Gen- 
 eral Buell's army, during the winter of 18CI 
 and the succeeding spring, was the Ohio river; 
 and his theater of operations, the whole coun- 
 try south of that base. And so of other armies. 
 The base of our operations has generally been 
 some line separating friendly from hostile 
 territory; and hence, "the theater of opera- 
 tions," during this war, has generally been 
 upon the enemy's soil. The sea-coast, I know, 
 has frequently, during the present war, be- 
 come the base of our operations; but, then, the 
 enemy's country was, still, in every instance, 
 the theater of those operations. It is useless, 
 however, to discuss these public and notorious 
 facts; for the citizenship of the accused ren- 
 ders the attempt to make them responsible for 
 a violation of the laws of war, wholly futile. 
 Public enemies, only, are subject to the laws 
 of war. The citizen, on the other hand, must 
 answer for such acts as would, if committed 
 by an enemy, be a transgression of the laws 
 and usages of war, to his own Government, 
 according to its own laws. I will offer a sin- 
 gle example, which I quote from the autobi- 
 ography of Lieutenant General Scott. It is 
 as follows: 
 
198 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 "In time of war all persons, not citizens of 
 or owing allegiance to the United States of 
 America, who shall be found lurlciAg, as spies, 
 in or about fortifications or encampments of 
 the armies of the United States, or any of 
 them, shall suffer death according to the law 
 and usage of nations, by sentence of a gen- 
 eral court-martial." 
 
 '"Not citizens;' because, if citizens, and 
 found 'lurking,' the crime would be that of 
 treason — 'adhering to [our] enemies, giving 
 them aid and comfort; ' and is so deiined by 
 the Constitution." Vol. 1, pp. 290, 291. 
 
 But what are " the laws of war? " To whom 
 do they apply? The answer to these questions 
 must forever put an end to all attempts to in- 
 voke the aid of those laws, and of the tribu- 
 nals in which they are administered for the 
 trial and punishment of one of our own citi- 
 zens; for it must be remembered that "the 
 laws of war " constitute that branch of inter- 
 national law which regulates the intercourse 
 and conduct of belligerent persons — public 
 enemies — -with each other. It is this code that 
 condemns spies, when taken, to an infamous 
 punishment at the hands of their enemy. It 
 is for cruel breaches of tliis code, that .we are 
 sometimes compelled, as a measure of self- 
 defense, to resort to the cruel practice of 
 retaliation. It is to this code we refer for 
 authority to punish guerrillas. And so I might 
 go on until I had enumerated all its provi- 
 sions; but I should not find one for the pun- 
 ishment of one of our own citizens among 
 them all, unless it was established that he had 
 first joined himself to, and become part of our 
 acknowledged public adversaries. These laws 
 of war are international — wholly interna- 
 tional; and do not apply to the internal regu- 
 lation of either one of two or more belligerent 
 powers engaged in the same contest. 
 
 If, however, it shall be said that all persons, 
 or the great body of them, engaged in the 
 present contest, on either side, are citizens of 
 the United States; and, therefore, that a diffi- 
 culty results in the application of this public 
 code to the parties, and that what character 
 any citizen may sustain to either, may not 
 always be clear, I grant it; but what follows? 
 Can we give a man a hostile character before 
 he has openly espoused it ? Can we strip him 
 of the rights of citizenship, before he has ac- 
 quired that relation to the enemy which will 
 entitle him to the protection of this code, as 
 well as subject him to its penalties, in case he 
 violates it? There must be some general rule 
 on the subject; and there can be no other or 
 better one than to hold all persons resident in 
 the States which have seceded and still remain 
 out of the Union, as prima facie public enemies; 
 and all those who have adhered, and still ad- 
 here, to the Constitution and Union, as prima 
 facie citizens of, and subject to the laws and 
 authority of the United States. 
 
 I know, indeed, that there are at least two 
 States which have hitherto sustained an am- 
 biguous relation to the struggle. I allude to 
 Kentucky and Missouri. They have never 
 seceded by solemn act; and still maintain 
 their Constitutional relation to the Federal 
 Government. But, then, they are also repre- 
 
 sented in the Confedeiate Congress and army. 
 The character of a citizen of either, must, 
 therefore, depend upon his conduct; and he 
 must be treated accordingly. If he has not 
 joined the public enemy openly, but commits 
 a crime against the Government, he is entitled 
 to be tried therefor by the ordinary courts of 
 the Union, in pursuance of the Constitution 
 and laws. If he has joined the public enemy 
 and been taken in arms, or "lurking as a spy," 
 he is entitled to be treated according to "the 
 laws of war:" in the former ease to be ex- 
 changed as a prisoner of war; in the latter, to 
 be hung for violating the laws of war. And 
 this is just what our Government has been 
 doing during this rebellion. 
 
 The form of these charges places the Gov- 
 ernment, then, in the following attitude toward 
 the accused, namely: As claiming them as cit- 
 izens on the one hand, but denying them the 
 rights of citizenship on the other: as fixing 
 upon them, for the purposes of this trial, and 
 the punishment and infamy that may follow 
 it, the character of public enemies, on the one 
 hand; but denying them any of the advan- 
 tages resulting from that character, on the 
 other. Such a course, I submit, is unheard of 
 in the judicial proceedings of our country; 
 and with all deference to my friend, the Judge 
 Advocate, is, in my opinion, wholly inadmis- 
 sible. I have little apprehension, therefore, 
 tliat you will claim jurisdiction of the accused 
 on the ground that they are' guilty of a viola- 
 tion of the laws of war; and, by consequence, 
 public enemies. If you sustain your juris- 
 diction at all, it must, therefore, be upon the 
 basis of martial law. 
 
 I beg leave to call your attention to a fact, 
 in evidence, which must exercise an important 
 influence upon your judgment on the ques- 
 tion : Whether martial law is, or has been, in 
 force in the State of Indiana, or not? and, of 
 course, upon that of your jurisdiction. I 
 allude, of course, to the fact that the courts, 
 both of tlie State and of the United States, 
 within the State of Indiana, have never, at 
 any time, during the present rebellion, been 
 thereby shut up, and the course of justice 
 therein disturbed and stopped; but that those 
 tribunals have all along remained open, and 
 engaged in the administration of justice; and 
 capable of enforcing their judgments, orders, 
 and decrees, according to the established laws 
 of the land. This fact was not proven in Mr. 
 Bodies case. His escape cut off all evidence 
 in his defense; and, of course, this fact among 
 others. Upon this fact, however, and a more 
 thorough arguipent, I build my hopes of an 
 ultimate decision against the jurisdiction. In 
 pressing the argument and giving utterance 
 to these hopes, I beg leave to say for myself, 
 and for those whom I represent, that our ob- 
 jection to the jurisdiction does not spring 
 from any objection to the individual members 
 of the Court as fair-minded and honorable 
 gentlemen, and worthy to sit in judgment 
 upon any man in the laud, subject, under the 
 Constitution and laws, to their authority. It 
 is, on the other hand, simply because as citi- 
 zens, in no wise connected with the military 
 or naval service of the United States, the 
 
TREASON TKIALS AT INDIANAPOLIS. 
 
 199 
 
 accused are not ■within any military jurisdic- 
 tion whatever. They claim the right to be tried 
 by one of the constitutional courts of thoir coun- 
 try, and by a jury thereof. They ask justice 
 at the hands of their peers of the District of 
 the State of Indiana. For justice is properly 
 justice only when legal, constitutional, and just 
 means are employed in the attainment of legal, 
 constitutional, and just ends. Your findings 
 may correspond precisely with what would be 
 those of a jury of the country; but if you 
 lack jurisdiction — the right to find at all in 
 the premises — it would be a mockery to call 
 them, or any subsequent proceedings thereon, 
 justice. Justice must have a right origin, or 
 it can not exist. If what is called justice 
 proceed from a tribunal without authority, it 
 is injustice, outrage, crime; and, if it reach 
 the life of him who is made its subject, it is 
 taurder. 3 Co. Inst, p. 52; 1 Hale's Mis. C. P., 
 p. 6, 499-501; i Bl. Com., 178; and 4 Stale 
 Trials, p. 129. 
 
 A good citizen will not accept even a favor- 
 able judgment at the hands of an unauthor- 
 ized tribunal, much less an adverse one; 
 because it involves the overthrow of the laws 
 and government of his country, on which all 
 rights, whether of person or property, depend. 
 A good State, alive to a proper sense of its 
 duty and dignity, will never allow him to ac- 
 cept the one, nor to be made the victim of the 
 other. 
 
 Has this Commission, then, jurisdiction of 
 this cause ? May it rightfully, lawfully, con- 
 stitutionally try the accused upon the charges 
 and specifications exhibited against them ? 
 If it may, whence does it derive its authority 
 for that purpose? 
 
 I am here, to-day, to endeavor to answer 
 these questions. You are here, to-day, to 
 judge whether I give the true response, or not. 
 That you may " the better judge," I ask your 
 attention, your candor, and your patience. 
 
 I do not believe that you will hold, as was 
 maintained before you on a former occasion, 
 that you are precluded from going into the 
 question of jurisdiction by the mere order of 
 the General convening this Commission, and 
 that sending the accused before you "for 
 trial." That I may not misrepresent the posi- 
 tion taken by the learned Judge Advocate, 
 upon this point, I beg leave to quote the entire 
 paragraph. It is as follows : 
 
 "When General Hovey convened this Com- 
 mission within the limits of his jurisdiction, 
 and committed the case of Harrison H. Dodd, 
 the accused, to this Commission to try it, by 
 virtue of his military power, acting under the 
 authority that was given to him by the Com- 
 mander-in-chief of the Army, namely, the 
 President of the United States, he suspended 
 the civil law, and put in operation the military, 
 or martial law. The ofScers of this Commission 
 could not, under the oath that they have taken, 
 refuse to obey the orders of the oficers placed 
 over them. They could not stop and go back 
 of that order, and refuse to hear and determ- 
 ine this case." 
 
 Now, whatever may have been your deci- 
 sion in that case upon the question of jurisdic- 
 tion, I am very certain that you did not adopt 
 
 the doctrine of this paragraph. I know you 
 do not, and can not hold to the slavish and 
 shameful notion, that you sit here to do what- 
 ever the commanding General may order. 
 Obedience of the inferior to the superior is 
 for the field, the march, the camp, the desk ; 
 and ovon there it has its limits. The law does 
 not require obedience auy-where in contraven- 
 tion of its own provisions. You arc sworn to 
 obey the "lawful" commands of your supe- 
 riors ; and there your obligation ceases. The 
 employment of the word "lawful" [Art. War, 
 Sec. 9), clearly excludes the idea of obedience 
 to all but such commands. The unlawful 
 order of a superior, even the highest, can not 
 be given in evidence in justification of a tres- 
 pass — much less of a felony. Can obedience, 
 then, extend to the duties of the court room, 
 and' subordinate the justice which, in your 
 judicial capacity, your are to administer 
 there? If it does, what a mockery is all mili- 
 tary justice I Who would, or could consent to 
 sit as a member of a military court, and pass 
 judgment upon the lives and fortunes of hia 
 fellow-men, when his own convictions of the 
 law and the facts, in the case, were to have no 
 control over his decisions 1 
 
 *'I had sooner bo a dog and bay at tho moon." 
 
 Held on such terms, your commissions would 
 be but badges of the most odious and wicked 
 servitude. Every free mind that has not quite 
 escaped the direction of conscience, must 
 reject such a position with indignation and 
 horror I I think I hear you exclaiming at 
 such a proposal: "No; let the General go di- 
 rectly to his purposes, and punish whom he 
 will, and as he will, without the deceitful and 
 wicked pretense of a trial. I will brave all 
 consequences sooner than thus surrender my 
 manhood. Ho shall never employ me in a 
 mockery so foul, and so cruel I" Every hon- 
 orable mind would so feel and so speak ; 
 and none, I am sure, more promptly and 
 warmly than my distinguished friend, the 
 General, who now commands this district; 
 and under whose authority you sit. For, if it 
 is all a matter of command and obedience, 
 then let the commund and its execution stand 
 together, without the intervention of this hol- 
 low form of justice. Do not mock the pre- 
 destined victims with the delusive hopes 
 arising from the forms of a trial, that, from 
 first to last, on this theory, can not rise 
 higher than a miserable trick to deceive the 
 looker-on; and divide the responsibility of 
 acts not capable of justification, when placed 
 before the world in their true light. Indeed, 
 on such a theory, you db not constitute a 
 court at all, in any received sense of the 
 term; for "a court is a place where justice is 
 judicially administered." 
 
 With these observations, I shall deliver this 
 topic to your consideration and judgment. 
 
 I am thus brought at last to the discussion 
 of martial law, as the basis, and, indeed, tho 
 only basis on which your jurisdiction of the 
 present cause can possibly be sustained. If 
 martial law does, in fact, exist in the State of 
 Indiana, you may have jurisdiction. If it 
 does not, you do not, and can not possibly pos- 
 
200 
 
 TKEASON TRIALS AT INDIANAPOLIS. 
 
 ses3 such jurisdiction. The question, there- 
 fore, recurs upon us : 
 
 Has martial law an actual existence in the 
 State of Indiana to-day? If so, how has it 
 received such existence? Does it exist by 
 proclamation, by law, or by necessity? If by 
 proclamation, or law, when was the proclama- 
 tion made, or the law passed? If by neces- 
 sity, when did that necessity arise; and 
 wherein does it consist ? 
 
 As the first step toward a satisfactory an- 
 swer to these questions, let us determine what 
 martial law really is ; for this is still a ques- 
 tion. This question I propose to answer from 
 Uie books. Smith says : 
 
 " Martial law is the law of war, that depends 
 on the just, but arbitrary power of the King 
 or his lieutenant; for, though the King doth 
 not make any law but by common consent in 
 Parliament, yet in time of war, by reason of 
 the necessity of it, to guard against dangers 
 that often arise, he useth absolute power, so 
 that his word is law." Smith on the English Me- 
 public, book 2, chap. 4. 
 
 Sir Matthew Hale, in his Sistory of the Com- 
 mon Law, says : 
 
 " Martial law is not, in truth and reality, a 
 law, but something indulged rather than 
 allowed as a law; the necessity of govern- 
 ment, order, and discipline in an army is that 
 only which gives these laws any countenance." 
 1 liis. a L., p. 54. 
 
 I make this quotation, not because, in the 
 present state of opinion and law, either in 
 England or America, it gives us a very pre- 
 cise and accurate notion of martial law; but 
 in order to bring it into relation to a criticism 
 which, when taken in connection with the 
 state of British military law at the time the 
 venerable Hale wrote, is, in my opinion, en- 
 tirely unjust ; and, to show that, at that time, 
 this definition was as accurate and complete 
 as could be given. The criticism to which I 
 refer is that of the late Attorney General 
 Gushing. He says : 
 
 " This proposition is a mere composite blun- 
 der — a total misapprehension of the matter. 
 It confounds martial law and military law; it 
 ascribes to the former the uses of the latter ; 
 it erroneously assumes that the government 
 of a body of troops is a necessity, more than 
 that of a body of civilians, or citizens. It 
 coi^founds and confuses all the relations of 
 the subject, and is an apt illustration of the 
 incompleteness of the notions of the common- 
 law jurists of England in regard to matters 
 not comprehended in that limited branch of 
 legal science." 8 Opinions of the Att'ys Oen., 
 365, et seq. 
 
 Now, I beg leave to say, that Sir Matthew 
 Hale was not a mere common-law lawyer. His 
 writings show him to have been familiar with 
 (he civil law; and to have read extensively 
 the Continental writers on public law. Nor 
 is it true that his observations on the nature 
 .ind usee of martial law constitute a mere 
 " composite blunder " — " a total misapprehen- 
 sion of the question." The "blunder," on the 
 contrary, is on the part of the learned At- 
 torney General; and not on that of the ven- 
 erable Chief Justice. It will be apparent that 
 
 I am right, if we refer to the state of Eng- 
 land and English military law at the time the 
 History of the Common Law was written. Its 
 author died in 1676. Up to that time England 
 had properly no military cod.e. Her ^armies 
 were really subject to such laws as the King 
 might impose, where a limit upon his will, in 
 this respect, had not been fixed by Parliament. 
 It was not until after Hale wrote, and had 
 been gathered to his fathers, that the first mil- 
 itary bill was passed, and military law thereby 
 placed upon a difi^erent footing from that of 
 martial law. The will of the King, until then, 
 was the law of the army — a will regulated, 
 indeed, by the principles of the civil law; 
 but, even, in that respect, controlled no fur- 
 ther than he chose ; and this will is the same, 
 whether applied to soldiers or civilians. "It 
 is not, in truth and reality, a law." It was, 
 nevertheless, pretty much all the law known 
 to the British army in the time of Hale. 1 
 Bl. Com., chap. 13; 2 Sullivan's Lectures, p. 257. 
 In this view of the facts of history, and the 
 state of military law when Hale wrote, the 
 learned Attorney General seems to be guilty 
 of the blunder which he attributes to the 
 Chief Justice. 
 
 The first member of Mr. Stephens' defini- 
 tions of martial law' is sufficiently accurate. 
 He says : 
 
 " Martial law may be defined as the law 
 (whatever it may be), which is imposed by 
 military power." 2 Com. Laws of Englaiid, 
 p. 561. 
 
 The Duke of Wellington was also right 
 when he defined it thus: 
 
 y Martial law is neither more nor less than 
 the will of the General who commands the 
 army." Hansard's Debates, (8d series), vol. 
 115, p. 880. 
 
 And again when he wrote as follows : 
 
 "Military law" [i. e., martial law"], "as ap- 
 plied to any persons excepting officers, sol- 
 diers, and followers of the army, for whose 
 government there are particular provisions 
 of law, in all well regulated countries, is 
 neither more nor less than tfie will of the Gen- 
 eral of the army." Dispatches, vol. 6, p. 43. 
 
 The distinction between martial and military 
 law is, in this last definition, made plain, the 
 latter being confined to provisions of law for 
 the regulation of the army; and the former to 
 such as the will of the General may impose 
 upon those — not soldiers — under martial law. 
 
 Earl Grey, in discussing the questions 
 growing out of a declaration of martial law 
 in Ceylon, again expresses the idea with suf- 
 ficient accuracy. He says; 
 
 " What is called proclaiming martial law, is 
 no law at all; butmerely forthe sake of public 
 safety, in circumstances of great emergency, 
 setting aside all law and acting under military 
 power; a proceeding which requires to be fol- 
 lowed up by an act of indemnity when the 
 disturbances are at an end." Hough's Free, in 
 Mil. Law, p. 515. 
 
 Judge-Advocate-General Dundas, in writing 
 upon the subject, says: 
 
 "Martial law is not a written law; it arises 
 on a necessity to be judged of by the JSxecii- 
 iive, and ceases the instant it can possibly bo 
 
TKEASON TRIALS AT INDIANAPOLIS. 
 
 201 
 
 allowed to cease. Military law has to do only 
 with the land forces of the Crown, mentioned 
 in the second section of the Mutiny Act. Mar- 
 tial law comprises all persons, all are under it, 
 whether they be civil or military." Second Rep. 
 on Ceylon, Hough, supra, p. 535. 
 
 "When martial law is proclaimed," says 
 Hough, "courts-martial are thereby vested 
 with such a summary proceeding, that neither 
 time, place nor persons are considered. Ne- 
 cessity is the only rule of conduct; nor are 
 the punishments which courts-martial may 
 inflict under such authority limited to" such 
 as are prescribed by law. Hough on Courts- 
 Martial, p. 383. 
 
 Captain Benet, in his treatise on Military Law 
 ind Courts-Martial, in speaking of martial law, 
 says: 
 
 " Martial law, then, is that military rule and 
 authority which exists in time of war, and is 
 conferred by the laws of war, in relation to 
 persons and things, under and within the scope 
 qf active military operations in carrying on the 
 war, and which extinguishes or suspends civil rights, 
 and the remedies founded upon them for the time 
 being, so far as it may appear to be necessary, 
 in order to the full accomplishment of the pur- 
 pose of the war, the party exercising it being 
 liable in an action for' any abuse of the au- 
 thority thus conferred. It is the application 
 of military government — the government of 
 force— to persons and property within the 
 scope of it, according to the laws and usages 
 of war, to the exclusion of municipal govern- 
 ment, in all respects where the latter would 
 impair the efSciency of military law, or mili- 
 tary action." Benet on Mil. Law and Courts- 
 Martial, p. 14. 
 
 The late Commander-in-chief of the Army 
 of the United States, Major General Halleck, 
 observes : 
 
 "We remark, in conclusion, that the right 
 to declare, apply and exercise martial law, is 
 one of the rights of sovereignty, and is as es- 
 sential to the existence of a State, as is the 
 right to declare or carry on war. It is one 
 of the incidents of war, and, like the power 
 to take human life in battle, results directly 
 and immediately from the fact that war le- 
 gally exists. It is a power inherent in every 
 government, and must be regarded and recog- 
 nized by all other governments, but the ques- 
 tion of the authority of any particular func- 
 tionary to exercise this power, is a matter to 
 be determined by local, and not by interna- 
 tional law. Like a declaration of siege, or 
 blockade, the power of the officer who makes 
 it, is to be presumed until disavowed; and 
 neutrals who attempt, in derogation of that 
 authority, do so at their peril." International 
 Law and Laws of War, p. 380. 
 
 Again, he says : 
 
 "The English common law authorities gen- 
 erally confound marft'oZ with military lain; and, 
 consequeiitly, throw very little light upon the 
 subject, considered as a domestic fact; and in 
 parliamentary debates it has usually been 
 discussed as a fact, rather than as forming 
 any part of their system of jurisprudence. 
 Nevertheless, there are numerous instances 
 in which martial law has been declared and 
 
 enforced, in time of rebellion or insurrection, 
 not only in India, and British Colonial Pos- 
 sessions, but also in England and Ireland. It 
 seems that no act of Parliament is required 
 to precede such declaration, although it is 
 usually followed by an act of indemnity, 
 when the disturbances which called it fortii 
 are at an end, in order to give constitutional exist- 
 ence to the fact of martial law." Id., 374. 
 
 I desire to remark, in passing, that a care- 
 ful study of the English authorities alluded 
 to, will, perhaps, explain them, and show that 
 their confusion is only apparent, in relation 
 to this subject. In the first place, as already 
 shown, the English had no distinct system of 
 military Zato^ until after the revolution of 1C88; 
 and before that time, their armies were sub- 
 ject, in a great degree, to simple martial law. 
 It is true, the King's will was, in some meas- 
 ure, restrained by statute. In the second, as 
 the only ground upon which that will — martial 
 law — can apply to others than soldiers within 
 the kingdom, is that of necessity, it was both 
 natural and philosophical for them to regard it 
 as simply a fact. Indeed, it is nothing else 
 but a fact both in its origin and its applica- 
 tion. It originates in necessity, which is a 
 fact. It is the will of the commanding gen- 
 eral, who always determines its extent and the 
 mode of its application. It will thus assume 
 a different form — will be more or less sweep- 
 ing — cruel or merciful, according to the exi- 
 gency of each particular instance of its exer- 
 cise, as well as the character and temper of 
 him who administers it. A thing thus vari- 
 ant and uncertain can not be allowed as a 
 law; for a law must be a rule prescribed, 
 must be uniform in its application, which can 
 never be said of any thing resulting from 
 mere necessity, and subject for its measure 
 and duration to mere human will. The only 
 element common to such a state of administra- 
 tion and law, is that both are applied to the 
 affairs of men. It will, therefore, be subject, 
 of course, to the judgment of public opinion 
 as all other facts are, in which moral agents 
 and relations are involved; but whatever re- 
 straint that imposes, can not change the fact 
 into a law. Nor, it would seem, does the right 
 of a belligerent depend upon the legality of 
 the war, as remarked by General Halleck. On 
 the contrary, we might naturally suppose that 
 he who entered upon an illegal and unjust 
 war, would be most likely to avail himself 
 first of the advantages of martial law, which, 
 in the language of Mr. Adams, would "sweep 
 the laws of his adversary by the board," and 
 substitute his discretion therefor. Hence, up- 
 on the whole, I see no reason why the learned 
 general should criticise the English. The 
 last two authors cited, seemingly without per- 
 ceiving it, confine the operation of martial law 
 to the territory of public enemies, or to the 
 immediate theater of military operations. In 
 either view, their remarks are inapplicable to 
 our condition here; for we may admit the 
 most unbounded authority to exercise martial 
 law in our generals, in carrying on a foreign 
 war in an enemy's country; or in a domestio 
 war "within the scope of active military operations," 
 and it will not follow that any such authority 
 
202 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 can exist in a, State devoted to the GoTorn- 
 ment, and in no sense the theater of "active 
 military operations." In the foreign country, 
 the citizen will he subject to international 
 law; and our public enemy can not look be- 
 yond that to see whether, in the exercise of 
 martial law, we disregard our own Constitution. 
 At home, the fact of war and the immediate 
 presence of hostile armies puts an end to all 
 other laws; and martial law, for the time be- 
 ing, exists by necessity. Military power is 
 rather, in such case, a law to itself. They 
 leave us, therefore, in quite as much doubt 
 and confusion, so far as the case in hand is 
 concerned, as they found us. 
 
 I beg your pardon for introducing here, a 
 little out of place, the observations upon 
 martial law of some of our own leading politi- 
 cians. I say politicians advisedly ; for I do 
 not think that they were generally actuated in 
 the utterance of these opinions by the motives 
 that should govern statesmen ; and I do not 
 think so, because the whole spirit of the de- 
 bates in which they were delivered, was of a 
 most decided and even bitter partisan tone. 
 I allude to the debates on remitting the fine 
 imposed by Judge Hall upon General Jack- 
 son, at New Orleans, in 1815, for contempt of 
 court in refusing obedience to a writ of habeas 
 corpus. Democrats in Congress were in favor 
 of the measure ; while most, if not all the 
 Whigs, were opposed to it. Mr. John Q. 
 Adams, then in the House of Representatives, 
 made it an occasion for striking at both the 
 Democratic party and slavery. He maintained 
 that the measure was a hobby, on which lead- 
 ing Democrats were seeking to elevate them- 
 selves to the Presidency upon General Jack- 
 son's popularity; and then turned upon the 
 slaveholders of the South, and reminded them 
 how easy it would be, in some fit emergen- 
 cy, to employ martial law for the abolition 
 of slavery. And such generally was the 
 spirit of the debate; a spirit, one would think, 
 little calculated to render opinions remarka- 
 ble for their legal accuracy. It was in this 
 debate that Mr. Adams said: 
 
 " The power of Congress " — the power to de- 
 clare martial law — "has, perhaps, nevei- been 
 called into exercise under the present Consti- 
 tution. But when the laws of war are in 
 force, what, I ask, is one of those laws? It is 
 this : that when a country is invaded, and two hos- 
 tile armies are met in martial array, the com- 
 manders of both armies have power to eman- 
 cipate all the slaves in the invaded territory. 
 
 "And here I recur a^ain to the example of 
 General Jackson. What are you about in 
 Congress? You are about passing a law to re- 
 fund to General Jackson, the amount of a cer- 
 tain fine imposed upon himby a judge under the 
 laws of Louisiana. You are going to refund him 
 the money with interest, and this you are going 
 to do, because the imposition of the fine was un- 
 just. And why was it unjust? Because 
 General Jackson was acting under the laws 
 of war; and because the moment you place a 
 military commander in a district that is the 
 theater of war, the laws of war apply to that 
 place. 
 
 "I might furnish a thousand proofs to show 
 
 that the pretensions of the gentlemen to the 
 sanctity of their municipal institutions, un- 
 der a state of actual invasion, and actual 
 war, whether servile, civil, or foreign, is 
 wholly unfounded, and that the laws of war 
 do, in all such cases, take precedence. I lay 
 this down as the law of nations. I say, the 
 military authority takes, for the time, the 
 place of all municipal institutions, and of 
 slavery among the rest; and that, under that 
 state of things, so far from its being true, that 
 the States where slavery exists have the ex- 
 clusive management of the subject, not only 
 the President of the United States, but the 
 commander of the army, has power to order 
 the universal emancipation of the slaves. I 
 have given here more in detail a principle 
 which I have asserted on this floor before 
 now; and of which I have no more doubt 
 than that you, sir, occupy that chair." 
 
 In the course of the same debates, Mr. Bu- 
 chanan, taking it for granted that General 
 Jackson had done no more than his duty in 
 declaring martial law in. New Orleans, in 1814 
 and 1815, said: 
 
 "If General Jackson did no more than his 
 duty in declaring martial law, the moment that 
 declaration was made, the official functions of 
 Judge Hall ceased, with regard to his power 
 of issuing writs of habeas corpus, which might 
 interfere with the defense of the city. As 
 soon as martial law was in force, every citizen 
 of New Orleans, whether sustaining an official 
 character or not, was bound to submit to it. 
 » ■» Si por it ^yf|,g quite a plain case, that, 
 if martial law did not supersede and put in 
 abeyance the civil power, it would be wholly 
 insufficient in attaining the only objects for 
 which alone it could be tolerated or justified." 
 
 Mr. Douglas, in the House of Representa- 
 tives, maintained the same principles; but, 
 from his statement of the case, confined their, 
 operation to the defense of the city; in other 
 words, to a state of siege. Among other thinga, 
 he said: 
 
 "I maintain that, in the exercise of the power 
 of proclaiming martial law, General Jackson did 
 not violate the Constitution, nor assume to him- 
 self any authority not fully authorized and 
 legalized by his position, his duty and the ne- 
 cessity of the case. General Jackson was the 
 agent of the Government, legally and constitu- 
 tionally authorized to defend the city of New 
 Orleans. It was his duty to do this at all hazards. 
 It was then conceded, and is now conceded, that 
 nothing but martial law would enable him to 
 perform that duty. His power was commen- 
 surate with his duly, ancl he was authorized 
 to use the means essential to its performance. 
 This principle has been recognized and acted 
 upon by all civilized nations, and is familiar 
 to all who are conversant with military his- 
 tory. Jt does not imply the right to suspend the 
 laws and civil tribunals at pleasure. The right 
 grows out of the necessity. The principle is that 
 the commanding General may go as far, and 
 no further than is absolutely necessary to the 
 defense of the place committed to his protec- 
 tion. There are exigences in the history of 
 nations, when necessity becomes the para- 
 mount law, to which all other considerations 
 
XllEASON TRIALS AT INDIANAPOLIS. 
 
 203 
 
 must yield. If it becomes necessary to blow 
 up a fort, it is right to do it. If it is necessary 
 to sink a ship, it is right to sink it. If it is 
 necessary to burn a city, it is right to burn 
 it." Life and Speeches of Senator jjouglas, pp. 
 2o, 26. 
 
 And so I might go on, adding opinions and 
 definitions of martial law to endless e.\teut. I 
 will quote but one more; and that is the 
 opinion of Attorney General Gushing, already 
 referred to. He says: 
 
 ^•Martial law, as exercised in any country by 
 the commander of a foreign army, is an ele- 
 ment of the jua belli. It is incidental to a state 
 of solemn war, and appertains to the law of 
 nations. The commander of the inyading, 
 occupying, or conquering army, rules the in- 
 vaded, occupied, or conquered foreign country, 
 with supreme power, limited only by interna- 
 tional law, and the orders of the sovereign or 
 government he serves or represents. For by 
 the law of nations, the occupatio bellica, in a 
 just war, transfers the sovereign power of the 
 enemy's country to the conqueror." Wolff's 
 Jus Gentium, ^ 255; Grotiua De Jure et Pads, ed. 
 Cocceii, lib. iii, cap. 8, 
 
 Such occupation by right of war is, so long 
 as it is military only, that is, flagrante hollo, will 
 be the case put by the Duke of Wellington, of 
 all the powers of the government resumed in 
 the hands of the commander-in-chief. If any 
 local authority continue to exist, it will be 
 with his permission only, and with the power 
 to do nothing, except what in his plenary dis- 
 cretion, or his own sovereign, through him, 
 shall see fit to authorize. The law of the 
 land will have ceased to possess any proper 
 vigor. 
 
 Thus, while the armies of the United States 
 occupied different provinces of the Mexican 
 Republic, the respective commanders were not 
 limited in authority by any local law. They 
 allowed, or rather required, the magistrates 
 of the country, municipal or judicial, to con- 
 tinue to administer the laws of the country 
 among their own countrymen, but in subjec- 
 tion always to the military power, which acted 
 summarily and according to discretion, when 
 the belligerent interests of the conqueror re- 
 quired it, and which exercised jurisdiction, 
 either summarily or by means of military 
 commissions, /or the protection or punishment of 
 citizens of the United States in Mexico. 
 
 That, it would seem, was one of the forms 
 of martial law. A violent state of things, to 
 cease, of course, when hostilities should cease, 
 and military occupation be changed into polit- 
 ical occupation. Elphinstone v. Bedruchund, 1 
 Knapp's Rep., p. 338; Cross v. Harrison, 16 How., 
 p. 164. 
 
 If we now return, and endeavor to glean from 
 all these authorities and opinions an idea of 
 martial law, as applicable to the internal affairs 
 of a State, we shall find ourselves scarcely 
 nearer to it than we were at the start. The 
 laws of war regulate a state of war, and define 
 the rights of parties to it, with respect to each 
 other; and can only afford, therefore, a remote 
 analogy for our guidance in the internal con- 
 cerns of a State in which riots or rebellions 
 call into requisition the military power. True, 
 
 when a civil war assumes the magnitude of 
 our present contest, and the parties thereto — 
 rebels on the one side and Government on the 
 other — from the necessity of the case, as well 
 as from considerations of humanity, are com- 
 pelled to adopt the public law of war, and to 
 regulate their conduct according to its princi- 
 ples, the laws of war become, to that extent, 
 a sufficient guide. But all this does not, in 
 the least, help us, in regard to those States 
 which have never been engaged against the 
 Government. Whether any, and if any, what 
 assertion of military power, incompatible with 
 civil institutions and civil rights, is admissi- 
 ble in those States, does not appear from the 
 books that treat of martial law. Earl Groy 
 seems to approach the point more nearly than 
 the rest; for in such case martial law would 
 "m truth and fact he no law at all; hut the setting 
 aside of all law and acting under military power. 
 Supra. And this, he says, can only be done 
 "in circumstances of great emergency," and 
 must be followed "by an act of indemnity." 
 It is, therefore, the substitution of military 
 force for, and to the exclusion of, the laws; 
 and can be justified no further than is abso- 
 lutely necessary. And all the authorities 
 and opinions cited go to this extent, and no 
 further. 
 
 Has this substitution, then, of military power 
 for civil law, and civil tribunals and institu- 
 tions, taken place in Indiana? And if so, 
 upon what necessity? When was it done? 
 Who determined the necessity, and made the 
 substitution? Where is the act of Congress, 
 the proclamation of the President, or the order 
 of the military commander of the department, 
 or the district? Have these, or has any of 
 them, acted upon this subject; and, if so, to 
 what extent? And above, and before all, 
 where is the grant of authority to any, or all 
 of them combined, or, indeed, to the whole 
 Government, thus to "set aside all law," and 
 substitute "military power" therefor? To 
 assume that any such authority can exist in a 
 limited government, is a self-contradiction. 
 
 Let us examine, briefly, the nature of the 
 Anglican system of civil liberty — institutional 
 government — a system which, in a very large 
 measure, we have inherited or adopted; and 
 see whether such a system as martial law is at 
 all compatible therewith. Can the two exist 
 together? 
 
 I shall endeavor to answer this question by 
 a brief review of English history and law; 
 for if this power "to set aside all law," and 
 to "act under military power,". be at all con- 
 sistent with such a system of law and govern- 
 ment, we shall thus be able to determine iu 
 what emergencies and to what extent. 
 
 I enter the more cheerfully upon this re- 
 view, because it will enable me to correct my 
 friend, the Judge Advocate, in an assertion 
 which he has frequently made during thu 
 progress of these trials, namely: "We are 
 making new precedents daily." Now, I think, I 
 shall bo able to show him that we are follow- 
 ing old and bad precedents — the work of 
 wicked and lawless princes in evil times — 
 which were condemned, disallowed, and re- 
 versed by better princes immediately upoa 
 
204 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 the return of better times; and which are 
 only not known to him, because they have so 
 long remained dead and buried among the 
 rubbish of barbarous ages, that he has not 
 been able, or, at least, has not chosen to dig 
 them up for his own and your guidance on 
 this occasion. I shall aid him in this respect; 
 and, while I do so, must beg his pardon, and 
 that of the Government he represents, for dis- 
 pelling the illusion that either is entitled to 
 patent a new precedent. In this regard they 
 will find, after all, and, indeed, they should 
 have known from the first, that the further 
 back they go in the history of the past, the more 
 precedents they will find for the easy but 
 ruinous substitution of force for law. Wher- 
 ever a free people have lost their liberties, 
 there will be found a precedent in point. The 
 history of Greece and Rome ia fruitful of such 
 precedents. Solomon had wiser conceptions 
 of the methods by which history continually 
 repeats itself, than to speak of new prece- 
 dents; and the sum of wisdom on this point, 
 as in his day, still remains happily expressed 
 in these words: "There is no new thing un- 
 der the sun." 
 
 I will not go back in the history of English 
 law beyond Magna Charta; for that "solemn 
 instrument" has been justly regarded as lay- 
 ing the imperishable foundations of the great 
 political institutions of that country. Oreasy 
 on ihe English Constitution, 3. Ours, in America, 
 rest on the same foundations — are referable to 
 the same origin. 
 
 The 29th chapter of that instrument, as given 
 by Henry III, contains these provisions, which 
 have found a place in all our American Con- 
 stitutions: 
 
 "Nullus liber homo capiatur, vel imprisoneiur, 
 aut disseisieiur de libera tenemento suo, vel liberta- 
 tibus, vel liberis consuetudinibus suis, aut utlagatur, 
 aut cxuletur, aut aliquo modo distruatur, nee super 
 eum ibimus, nee super eum mittimus, nisi per legale 
 judicium parium suorum, vel per legem terrce." 2 
 Coke's Inst., p. 45. Which has been rendered 
 as follows: 
 
 "No freeman shall be taken, or imprisoned, 
 or disseized, or outlawed, or exiled or ban- 
 ished, or in any ways destroyed; nor will we 
 pass upon him, nor will we send upon him, 
 unless by the lawful judgment of his peers, 
 or by the law of the land." Oreasy, supra, 
 p. 134. 
 
 "These are," as Mr. Creasy observes, "all 
 words that should be carefully read over, and 
 over, and again; for, as Lord Coke quaintly 
 observes, in bis comments on them, 'as the 
 gold-finer will not, out of the dust, threds, or 
 shreds of gold, let passe the least crum,' in 
 respect of the excellency of the metal; so 
 ought not the learned reader to passe any 
 syllable of this law, in respect of the excel- 
 lency of the matter.' " Id., 135; and 2 Inst, 57. 
 Lord Coke in commenting upon the words : 
 " No man destroyed," etc., gives the following 
 commentary and illustration; 
 
 "That is, forejudged of life, or limb, dis- 
 herited, or put to torture or death." » » « 
 " Thomas, Earl of Lancaster, was destroyed, 
 that is, adjudged to die as a traitor, and put 
 to death, in 14 JS. 2, and a record thereof ' 
 
 made; and Henry, Earl of Lancaster, his 
 brother and heir, was restored for two prin- 
 cipal errors against the same Thomas, Earl : 1. 
 Quod non fuit araniaius, et ad rcsponsionem posi- 
 tue tempore pads, eo quod cancellaria et alice curice 
 Regis fuer, apertce, in quibus lex fiebat vnicuique 
 proui fieri consuevit : that is to say : Because 
 ho was not arraigned, and because in time 
 of peace, he was put to trial while the 
 Chancery and other courts of the King were 
 open, in each of which the law was regularly 
 administered: 2. Quod contra cariam de liber- 
 tatibus, cum diciu^s Thomas fuit unus parium ei 
 magnatum regni, in qua continetur — and reciteth 
 this chapter of Magna Charta, and specially 
 quod Dominus Lez non super eum ibit; nee mittei; 
 nisi per legale judicium parium suorum, contra 
 legem, et contra tenorum Magna Charta; that is, 
 because it was against the charter of liber- 
 ties, since the said Thomas was one of the 
 peers and magnates of the realm in which it is 
 preserved ; and reciteth this chapter of Magna 
 Charta, and specially 'because the Lord the 
 King will not proceed against any one, nor send 
 upon him, unless by the legal judgment of his 
 peers. Nevertheless, by the aforesaid proceed- 
 ing, in time of peace, without arraignment, 
 or pleading, or the legal judgment of his 
 peers, against law, and the terms of Magna 
 Charta, he was put to death. More examples 
 of this kind might be found." Id., supra. 
 
 This case, when the mode of trial is shown, 
 is the reversal of a precedent which the Judge 
 Advocate would, perhaps, style "a new pre- 
 cedent ; " for the historian tells us that Thomas 
 of Lancaster was adjudged to death by a kind 
 of military court, extemporized by the King, 
 and consisting of himself and a few Earls and 
 Barons. 2 Lingard Sis. Eng., p. 248, and note; 
 2 Rume His. of Eng., pp. 159, 160. 
 
 The learned Coke adds, immediately after 
 citing this case, and its reversal: 
 
 "Every oppression against law, by color of 
 any usurped authority, is a kind of destruc- 
 tion; for Quando aliquid prohibitur, prohibiter et 
 omne, per quod devenitur ad illud; and it is the 
 most grievous oppression that is done by color 
 of justice." Id., sup. 
 
 The reversal of a second precedent that 
 might be regarded as new, is recited by Sir 
 Matthew Hale in his History of the Common 
 Law; and is thus given: i 
 
 "The exercise of martial law, whereby any 
 person should lose his life, or member, or lib- 
 erty, may not be permitted in time of peace, 
 when the King's Courts are open for all per- 
 sons to receive justice according to the laws 
 of the land. This is, in substance, declared 
 by the Petition of Eight, 8 Car. 1, whereby such 
 commissions and martial law were repealed and 
 declared contrary to law. And accordingly 
 was that famous case of Edmund, Earl of 
 Kent, who being taken at Pomfret, 15 Edw. 2, 
 the King and divers lords proceeded to give 
 sentence of death against him, as in a kind 
 of military court, by a summary proceeding, 
 which judgment was afterward, in 1 Edto. 3, 
 reversed in Parliament. And the reason of 
 that reversal serving to the purpose in hand, 
 I shall here insert it as entered in the record, 
 ' Quod ctim quicunq; homo ligexu domim 
 
 VIZ.: 
 
TEEASON TKIALS AT INDIANAPOLIS. 
 
 205 
 
 regis pro seditionibus, etc., tempore pacts captus ei 
 in gtiacvngue curia domini regis ductus fuerit de 
 ejusmodi sediiionibus et aliis feloniis sibi impositis 
 per legem ei consuetudine regni arrectari debet et 
 responsionem adduci, et inde per communem legem 
 antequam fuerit morti a^udicand' {triari) etc. 
 Unde cum notorium sit et manifestum quod totum 
 tempus quo impositum fuit eidem comiti propter 
 mala ei /acinora /ecisse, ad tempus in quo capius 
 fuit et in quo morti adjudicatus fuit, fuit tempus 
 pacts maximm, cum per totum tcmptis prccdictum et 
 cancellaria et alice plac. curicB domini regis apertce 
 fuer. in quihus cuilibet lex fiebatur sicut fieri con- 
 mevit, nee idem dominis rex unquam tempore illo 
 cum rexillis expUcatis equitabat, etc." Whioli 
 record may bo rendered thus : 
 
 " Whenever the subject of the Lord the King, 
 shall be arrested for sedition in time of peace, 
 before he can be adjudged to death, according 
 to the common law, he must be taken into 
 some court of the King, and hold to answer 
 for such seditions and other felonies; whence 
 it follows, that when it is made known and 
 manifest, that all the time during which it is 
 alleged that the crimes were done, on account 
 of which he was arrested, to the time in which 
 he was taken and adjudged to death, was a 
 time of profound peace, and during all the 
 time aforesaid, the Chancery and other courts 
 of the King were open, in which any law 
 could be executed, as it was the custom to haye 
 done, the same Lord the King had no power, 
 during that time, to exercise military control. 
 
 "And, accordingly, the judgment was re- 
 versed; for martial law, which is rather in- 
 dulged than allowed, and that only in case of 
 necessity, in time of open war, is not permitted 
 in time of peace when the ordinary courts of justice 
 are open." 1 Sis. C L., pp. 55, 56. 
 
 In order that these precedents may have 
 their due weight in this case, I beg leave to 
 give a legal definition of what is, in this 
 respect, held to be a time of peace in England, 
 according to the common law. I will quote 
 the precise language of Lord Coke, who says: 
 
 " When the courts of Justice are open, and the 
 judges and ministers of the same may by 
 law protect men from oppression and vio- 
 lence, and distribute justice to all, it is said 
 to be a time of peace. So, when by invasion, in- 
 surrection, or rebellion, etc., the peaceable 
 course of justice is stopped, so as ike courts of jus- 
 tice be as it were shut up, then it is said to be 
 time of war." Coke upon Littleton, 249, b. n. 1. 
 
 In further commenting upon the great chap- 
 ter of Magna Charta, already quoted, Lord 
 Coke says: 
 
 "'By the judgment of his peers' are to be 
 understood of the King's suit" — in other 
 words, of a State prosecution. "And it ex- 
 tendoth to the King's suit in case of treason 
 or felony, or misprision of treason or felony, 
 or being accessory to a felony before or after, 
 and not to any other inferior offense. Also, 
 it extendeth to the trial where he is to be con- 
 victed." 2 Insi., 49. 
 
 And upon the word "legale," he says: 
 
 "By the word legale, amongst others, three 
 things are implied: Ist. That the manner of 
 trial was by law before this statute. 2d. That 
 their verdict must be legally given, wherein 
 
 principally it is to be observed, let. That the 
 lords ought to hoar no evidence but in the 
 presence and hearing of the prisoner; 2d. 
 After the lords have gone together to consider 
 of the evidence, they can not send £o the High 
 Steward to ask the judges any question of 
 taw, but in the hearing of the prisoner, etc.; 
 3d. When all the evidence is given, etc., the 
 High Steward can not collect the evidence 
 against the prisoner, or in any sort confer 
 with the lords, touching their evidence, in the 
 absence of the prisoner," etc. 2 Inst., 49. 
 
 And again, upon the word, "by the law of 
 the land," while, perhaps, going to the extent 
 of permitting a party suspected of treason to 
 be arrested without writ, upon suspicion and 
 common fame, he totally excludes the notion 
 of his continued imprisonment without some 
 warrant; and leaves out of the question all 
 other forms of trial, but that by the legal 
 judgment of his peers. Id., pp. 50, 65. 
 
 After the close of the long and glorious 
 reign of Edward the Third, his unworthy 
 grandson, Bichard the Second, came to the 
 throne, which he finally lost, by attempting to 
 return to such precedents as those just cited 
 of his great grandfather. His efforts to get 
 rid of Magna Charta and the Common Law, 
 and to substitute the Boman Civil Law for 
 them, may be learned from the records of his 
 reign. An outline sufftoient for our purpose 
 will be found in Sullivan's Lectures on the Laws 
 and Constitution of England. (See vol. 1, p. 318, 
 el seg.; and vol. 2, 257.) In the former place 
 will be seen what great efforts he made to in- 
 troduce the Civil Law, and in the latter, that 
 this law became the law of the Marshal's 
 Court; no doubt on account of the fondness 
 of the kings therefor, and, also, that the ju- 
 risdiction of that court embraced the admin- 
 istration of martial law over soldiers and camp 
 followers. 
 
 In subsequent reigns, the kings of England 
 struggled almost constantly to extend this 
 jurisdiction to others than soldiers; but it 
 was a struggle against the free spirit of the 
 nation. In the reign of Henry the Eighth, an 
 instrument was placed in the hands of that 
 monarch, by the Parliament, which seemed to 
 go far towai'd making the king absolute; and 
 v^ich was subsequently used by him and his 
 successors in such a way as almost to insure 
 that end. This was done by the passage of a 
 statute "which," as Lord Coke observes, "gives 
 more power to the king than he had before;" 
 and yet even there it is declared that he can 
 not "alter the law, statutes or customs of the 
 realm, or impeach any in his inheritance, 
 goods, body, life, etc." The father of that 
 King had gone so far, prior to this act, as to 
 claim the right to control the subject's right 
 of doing all things not unlawful (Ilallam's 
 Constitutional History, Tp. my, and his daughter, 
 Queen Elizabeth, carried the power under this 
 act to such an extent as to set all law at defi- 
 ance. " One Peter Burchill, a fanatical Puri- 
 tan, and, perhaps, insane, conceiving that Sir 
 Christopher Hatton was an enemy to the true 
 religion, determined to assassinate him; but, 
 by mistake, he wounded instead a famous sea- 
 man, Captain Hawkins. For this ordinary 
 
206 
 
 TEEASON TRIALS AT INDIANAPOLIS. 
 
 crime, the Queen could hardly be prevented 
 from directing him to he tried instantly by 
 martial law. Her council, howeTer, (and this 
 it is important to observe), resisted this ille- 
 gal proposition with spirit and success." 
 {Mallam Cons. Sis., 143.) "The Queen had been 
 told, it seems, of what had been done in 
 Wyatt's business — a case not at all parallel ; 
 though there was no sufficient necessity, even 
 in that instance, to justify the proceeding by 
 martial law. But bad precedents always be- 
 get progeniwn viiiosiorem." (Id., in note). 
 But the same learned authority gives the 
 following instances of the exercise by Queen 
 Elizabeth of a power almost absolute, through 
 proclamations. I quote: 
 
 "Vt^e have, indeed, a proclamation some 
 years afterward, declaring that such as 
 brought into the kingdom, dispersed papal 
 bulls, or traitorous libels against the Queen, 
 should, with all severity, be proceeded against 
 by Her Majesty's lieutenants, or their depu- 
 ties, by martial law, and suffer such pains and 
 penalties as they should inflict; and that none 
 of her said lieutenants, or their deputies, be 
 in any wise impeached in body, lands, or 
 goods, at any time hereafter, for any thing to 
 be done or executed in the punishment of any 
 such offender, according to the said martial law 
 and the tenor of this proclamation, any law 
 or statute to the contrary, notwithstanding." 
 This Mr. Hallam regards as "by no means con- 
 stitutional ; " but apologises for it, because it 
 was done "when, within a few days, the vast 
 armament of Spain" — known in history as 
 the Spanish Armada — "might effect a landing 
 on the coast." "But," he remarks further, 
 "it is an unhappy consequence of all devia- 
 tions from the even course of law, that the 
 forced acts of overruling necessity come to be 
 distorted into precedents, to serve the pur- 
 poses of arbitrary power." Id., 143; Hume's 
 His. Png., p. 344. 
 
 I quote the same author for the following 
 instance of a still greater stretch of this ar- 
 bitrary and unconstitutional power, which oc- 
 curred during the same reign: 
 
 "No measure of Elizabeth's reign can be 
 compared, in point of illegality, to a commis- 
 sion in July, 1595, directed to Sir Thomas 
 Wilford, whereby, upon no other allegation 
 than that there had been of late sundry great 
 unlawful assemblies of a riotous sort, both in 
 the city of London and the suburbs, for the 
 suppression whereof (for the insolency of 
 many desperate offenders is such that they 
 care not for any ordinary punishment) it was 
 found necessarj' to have some such notable re- 
 bellious persons to be speedily suppressed by 
 execution to death, according to the justice of 
 martial law; he is appointed provost marshal 
 with authority by the magistrates, to attack 
 and seize such notable, rebellious and incor- 
 rigible offenders, and in the presence of the 
 magistrate to execute them openly, on the 
 gallows." » « « 
 
 "This peremptory style of suspending the 
 Common Law was a stretch of prerogative 
 without an adequate parallel, so far as I know, 
 in any former period." Id., 143, 144; 4 Hume's 
 His. Eng., p. 844. 
 
 It must be remembered that these high-handed 
 measures took place in the sixteenth century, 
 a period when both religious and political 
 revolutions were rife in Europe; that the life 
 of Elizabeth was more than once the object of 
 conspiracies, both foreign and domestic; that 
 the ablest men in Europe were parties to and 
 prompters in these perfidious and bloody 
 schemes [Motley's Dutch RepubUc, vol. 2, part 3, 
 p. 333; and D' Israeli's Curiosities of Literature, 
 1st. ser., p. 166); that the very persons at 
 whom these proclamations were aimed, had, in 
 the preceding reign of her sister, employed the 
 same agencies for the overthrow of her religion 
 in the kingdom, and the destruction of her 
 friends; that the constable's and marshal's 
 court, "whose jurisdiction was considered as 
 of a military nature," and whose proceedings 
 were not according to the course of the com- 
 mon law, had "sometimes tried offenders" — 
 not soldiers — by what was called martial law, 
 "either during or not long after a serious re- 
 bellion; " and, above all, that, at the time of the 
 last-mentioned proclamation, the queen was a 
 very old woman, and, it may be, somewhat 
 subject to fits of ill temper. All these things 
 must be reckoned in her favor, to mitigate the 
 judgment of history against these arbitrary 
 measures; but still can not. save the acts them- 
 selVes from the indignant condemnation of 
 mankind. Accordingly, we find Lord Coke, 
 in the next reign, condemning utterly the doc- 
 trine that the king's proclamation can either 
 alter, repeal, or suspend the law, or make that 
 criminal which before was not. He says: 
 
 "The King can not ci'eate any offense by his 
 prohibition or proclamation, which was not an 
 offense before; for that was to change the law, 
 and to make an offense which was not; for ubi 
 non est lex, ibi non est transgressio : therefore that 
 which can not be punished without proclama- 
 tion, can not be punished with it." "But," he 
 further remarks, "we do find divers precedents 
 of proclamations which are utterly against 
 law and reason, and for that void; goes contra 
 rationem juris introducia sunt, non debent trahi in 
 conseguentiam " — i. e., measures introduced con- 
 trary to the reason of the law, ought not to be 
 drawn into consequence, or precedent. Again, 
 he says that it had been held that the king, by 
 his proclamation, can not create any offense 
 which was not an offense before, "for then he 
 may alter the law of the land by his procla- 
 mation, in a high point; for, if he may create 
 an offense where none is, upon that ensues fine 
 and imprisonment. Also, the law of England 
 is divided into three parts — common law, 
 statute law, and custom; but the King's procla- 
 mation is none of them. Also, malum aut est 
 malum inse, aut prohibitum, that which is against 
 common law is malum in se, malum prohibitum is 
 such an offense as is prohibited by act of Par- 
 liament, and not by proclamation." 12 Hep., 
 pp. 74, 75, 76. 
 
 Yet, notwithstanding the law was thus co- 
 gently laid down in the time of James the 
 First, we, nevertheless, find Charles the First, 
 in the first year of liis reign, endeavoring to 
 return to the bad and unlawful measures of 
 his predecessors. He accordingly addressed a 
 commission to Lord Wimbleton, 28th Decern- 
 
TTIBASON TRIALS AT INDIANAPOLIS. 
 
 207 
 
 ber, 1625, empowei-ing "him to proceed against 
 soldiers, or dissolute persons joining with 
 Ihem, who should commit any robbex-ies, etc., 
 which, by martial law, ought to be punished 
 with death, by such summary course as is 
 agreeable to martial law." He, also, issued 
 another commission of the same Icind, in 1626. 
 See Uallam's Const. His., p. 2"2;3, and note. 
 
 These unlawful proclamations, among other 
 grievances, subsequently moved Parliament to 
 demand of His Majesty the justly celebrated 
 Petition of Right, which forever put an end to 
 all colorable pretenses of their legality. Let 
 it be observed, too, that this great act is but 
 declaratory of the common law. No measure 
 was ever supported on the side of the Parlia- 
 ment with greater force of talents and learn- 
 ing; or opposed by the King with worse show 
 of reason, or more barefaced attempts to de- 
 ceive the public, and to prevent its final pas- 
 sage. Among the managers of the Commons, 
 on that occasion, may be reckoned the great 
 names of Coke and Seldcn — two names that 
 may, perhaps, be equaled, but certainly not 
 surpassed, for learning and ability, in English 
 history. Under their management, the measure 
 was finally perfected and passed; and became 
 a new guaranty of Anglican liberty. I shall 
 make no apology for reading hei-e such parts 
 of it as I deem pertinent to the subject under 
 consideration. They are as follows; 
 
 "And whereas, also, by the statute called 
 the Great Charter of the Liberties of England, 
 it is declared and enacted, that no freeman 
 may be taken or imprisoned, or be disseized 
 of his freehold or liberties, or his free customs, 
 or be outlawed, or exiled, or in any manner 
 destroyed, but by the lawful judgment of his 
 peers, or by the law of the lind. 
 
 "And in the eight and twentieth year of the 
 reign of King Edward III, it was declared and 
 enacted by authority of Parliament, that no 
 man, of what estate or condition that he be, 
 should be put out of his lands or tenements, 
 nor taken, nor imprisoned, nor disherited, nor 
 put to death, without being brought to answer 
 by due process of law. * * ® 
 
 "And whereas, also, by authority of Parlia- 
 ment in the five and twentieth year of the 
 reign of King Edward III, it was declared and 
 enacted, that no man should be forejudged of 
 life or limb against the form of the Great 
 Charter and the law of the land; and by the 
 said Great Charter, and other, the laws and 
 statutes of this your realm, no man ought to 
 be adjudged to death but by the laws estab- 
 lished in this your realm, either by the 
 customs of the same realm, or by acts of Par- 
 liament: and whereas, no offender of what 
 kind soever, is exempted from the prooeediugs 
 to be used, and punishments to be inflicted by 
 the laws and statutes of this your realm; 
 nevertheless, of late time, divers commissions 
 undec- your Majesty's great seal have issued 
 forth, by which certain persons have been 
 assigned, and appointed commissioners with 
 power and authority to proceed within the 
 land according to the justice of martial law 
 against such soldiers, or mariners, or other 
 dissolute persons joining with them, as should 
 commit any murder, robbery, felony, mutiny, 
 
 or other outrage or misdemeanor whatsoever; 
 and by such summary course and order as is 
 agreeable to martial law, and as is used in 
 armios in time of war, to proceed to the trial 
 and condemnation of such offenders, and them 
 to cause to be executed and put to death ac- 
 cording to the law martial. 
 
 "By .pretext whereof some of your Majesty's 
 subjects have been by some of said commis- 
 sioners put to death, when and where, if by 
 the laws and statutes of the land they had 
 deserved death, by the same laws and statutes 
 also, they might, and by no other ought, to have 
 been judged and executed. 
 
 "They do, therefore, humbly pray your Most 
 Excellent Majesty * * * that the afoi-e- 
 said commissions for proceeding by martial 
 law, may bo revoked and annulled; and that 
 hereafter no commissions of the like nature 
 may issue forth to any person or persons 
 whatsoever to be executed as aforesaid, lest 
 by colour of them any of your Majesty's sub- 
 jects be destroyed, or put to death contrary to 
 the laws and franchises of the land." 
 
 And to this prayer the King was finally 
 compelled to answer, "Soil fait comme est desire — 
 be it as it is desired." 2 Farl. Ms., p. 374, et 
 seq.; and Creasy on the Eng. Const, pp. 260-264. 
 
 But this act was no sooner passed than the 
 perfidious King set about violating its provi- 
 sions; wherebj' he finally drove his Parliament 
 and the people into open rebellion against him. 
 In the contest which ensued they beat him, took 
 him, and beheaded him, by the judgment of a 
 tribunal not better in point of constitution- 
 ality than those by which he had doomed 
 many of his subjects to death. The engineer 
 was thus literally "hoist with his own petard." 
 "The curse," which he had more than once 
 sent abroad over his kingdom, thus, at last, 
 "came home to roost." 
 
 It is necessary for our purpose to notice in 
 detail the measures of the next two reigns. 
 Let it suffice for the present to say that in the 
 31 Car. 2, the justly celebrated habeas corpus 
 act was passed, and the personal liberty of the 
 subject thereby more effectually guaranteed 
 than ever before; and that for attempting to 
 procure its repeal, dispense with acts of Par- 
 liament, by commissions or otherwise, and 
 other similar illegal measures, his brother, 
 James the Second, was obliged to abdicate, 
 and fly the kingdom, and William and Mary 
 were called to. the throne. 1 Macaulay's Bis. 
 Eng., p. 186; 2 Id., 3; Id., 62, 64. 
 
 Upon the accession of William and Mary, 
 the great principles of Anglican liberty were 
 again distinctly asserted in the Bill of Rights; 
 and all the guarantees thereof reaffirmed. 
 Creasy on the English Constitution, p. 284, et seq 
 Since that event there has been no trial of 
 any citizen by martial law in Great Britain. 
 The writ of habeas corpus has been suspended 
 often; and in two instances, arising from both 
 rebellion and invasion, martial law has been 
 proclaimed; but it has never been carried 
 further than to the arrest and imprisonment 
 of suspected persons, until trial by the ordi- 
 nary tribunals could be had. One would think, 
 too, from a perusal of the State Trials which 
 followed these invasions and rebellions, that 
 
208 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 the punishments inflicted were Ijoth certain 
 and sanguinary enough to satisfy all the ends 
 of State justice. It will he understood, of 
 course, that I speak of the invasions of the 
 Pretender in 1715, and again in 1745. But 
 that I am not mistaken in regard to the fact, 
 that martial law was not, in either instance, 
 enforced to the trial and punishment of any 
 citizen, and has not been in any other instance 
 since or before, subsequent to the abdication 
 of James the Second, I beg leaye to show by 
 reference to the case of Grant v. Gould, 2 .Hy. 
 Bl. Rep., 89; and the following passage from 
 DeLolme's excellent treatise on the Constitu- 
 tion ; 
 
 " At the time of the invasions of the Pre- 
 tender, assisted by the forces of hostile nations, 
 the habeas corpus act was, indeed, suspended 
 (which, by the by, may serve as one proof, 
 that in proportion as a government is in dan- 
 ger, it becomes necessary to abridge the lib- 
 erty of the subject), but the Executive power 
 did not thus of itself stretch its own authority. The 
 precaution was deliberated upon and taken 
 by the representatives of the people ; and the 
 detaining of individuals in consequence of 
 the suspension of the act, was limited to a 
 certain fixed time. Notwithstanding the just 
 fears of internal and hidden enemies, which 
 the circumstances of the times might raise, 
 the deviation from the former course of law 
 was carried no further than the single point 
 we have mentioned. Persons detained by 
 order of the Government were to be dealt with 
 in the same manner as those arrested at the 
 suit of private individuals; the proceedings 
 against them were to be carried on no other- 
 wise than in a, public place; they were to be 
 tried by their peers; and have all the usual 
 legal means of defense allowed them — such as 
 the calling of witnesses, peremptory chal- 
 lenges of jurors," etc. DeLolme on the Const., 
 ty Macgregor, p. 274. 
 
 It has been supposed by many that martial 
 law was proclaimed in England, in 1780, 
 during the great Protestant riot, headed in its 
 incipiency by the celebrated Lord George 
 Gordon. It is a mistake, however, due, per- 
 haps, to the discussions in Parliament soon 
 after that event, in relation to the King's 
 ordering the military to suppress the riot, 
 and which was done by direct military force. 
 It was supposed, then, by many members of 
 Parliament, that this could not be done with- 
 out a declaration of martial law; and in that 
 view the proceeding was condemned by them, 
 and especially by those in the opposition. 
 Two speeches, however, in the House of Lords, 
 may be regarded as triumphantly maintaining 
 the contrary opinion. I allude to the speeches 
 of Lord Chief Justice Mansfield and Lord 
 Chancellor Thurlow. In order that the Com- 
 mission may see the ground on which the ac- 
 tion of the military was placed by these great 
 men and by Parliament — for that body adopted 
 tlieir views — I shall submit a brief quotation 
 from that of the former, which has ever since 
 bee^ regarded by the English bar as an au- 
 thority. It is as follows: 
 
 "I presume it is known to His Majesty's 
 confidential servants, that every individual in 
 
 his private capacity, may lawfully interfere 
 to suppress a riot, much more to prevent' acts 
 of felony, treason and rebellion. Not only is 
 he authorized to interfere for such purpose, 
 but it is his duty to do so; and, if called upon 
 by a magistrate, he is punishable in case of 
 refusal. What any single individual may 
 lawfully do for the prevention of crime, and 
 preservation of public peace, may be done by 
 any number assembled to perform their duty 
 as good citizens. It is the peculiar business 
 of all constables to apprehend rioters, to en- 
 deavor to disperse all unlawful assemblies, 
 and, in case of resistance, to attack, wound, 
 nay, kill those who continue to resist ; taking 
 care not to commit unnecessary violence, or 
 to abuse the power legally vested in them. 
 Every one is justified in doing what is neces- 
 sary for the faithful discharge of the duties 
 annexed to his office, although he is doubly 
 culpable if he wantonly commits an illegal 
 act, under the color or pretext of law. The 
 persons who assisted in the suppression of 
 these tumults, are to be considered mere pri- 
 vate individuals, acting as duty required. 
 
 "My Lords, we have not been living under 
 martial law, but under that law which it has 
 long been my sacred function to administer. 
 For any violation of that law, the ofi'endcrs 
 are amenable to our ordinary courts of jus- 
 tice, and may be tried before a jury of their 
 countrymen. 
 
 " Supposing a soldier, or any other military 
 person, who acted in the course of the late 
 riots, had exceeded the powers with which he 
 was invested, I have not a single doubt that 
 he may be punished not by a courtr-mm-tial, but 
 upon an indictment to be found by the grand 
 inquest of the city of London, or the county 
 of Middlesex, and disposed of before the er- 
 mined Judges sitting in Justice Hall, at the 
 Old Bailey. Consequently, the idea is false that 
 we are living under a military government, or thai 
 since the commencement of the riots any part of the 
 laws, or of the Constitution, has been suspended, or 
 dispensed with. I believe that much mischief 
 has arisen from a misconception of the Kiot 
 Act, which enacts that, after proclamation 
 made, persons present at a riotous assembly 
 shall depart to their homes, and that those 
 who remain there above an hour afterward, 
 shall be guilty of felony, and liable to suifer 
 death. From this it has been imagined that 
 the military can not act, whatever crimes 
 may be committed in their sight, till an hour 
 after such a proclamation has been made, or 
 as it is termed, the 'Riot Act' is read. But the 
 riot act only introduces a new offense — re- 
 maining an hour after the proclamation — 
 without qualifying any pro-existing law, or 
 abridging the means which before existed for 
 preventing or punishing crimes." 2 Camp- 
 belVs Lives of the Chief Justices, pp. 401, 402. 
 
 The same can not be said, however, of the 
 dependencies of the British crown. Indeed, 
 Ireland, the Indias, and other provinces have 
 been frequently subjected to the rigors of 
 martial law — the will of the king's lieutenants, 
 or of the commanding general. But then, it 
 must be remembered that martial law has not 
 been the only hardship or outrage inflicted 
 
TREASON TKIALS AT INDIANAPOLIS. 
 
 209 
 
 upon them. Any one who will but read the 
 trial of Warren Hnstinga, must be satisfied, 
 notwithstanding his acquittal, that in her col- 
 onies and dependencies, Great Britain inflicts, 
 permits, or can not prevent great crimes 
 against the people. Who does not remember 
 to have read of the terrible punishments in- 
 flicted during the Sepoy rebellion? A man of 
 sensibility can see, "in the mind's eye," the 
 quivering fragments of the victims of martial 
 law flying through the air, as they are blown 
 from the mouths of cannon ; and yet even the 
 holy horror which our English cousins mani- 
 fest at our cruelty in the present war, has not 
 won our favor for their mild and Christian 
 warfare as practiced in India. May we never 
 be won to approve or practice such lessons of 
 humanity ! They really seem to regard their 
 provinces as subject to the absolute will of the 
 domestic government, very much as our law 
 books treat our territories. The Constitution 
 and laws do not exist for them. It was to rid 
 themselves of such a relation, and from the 
 oppressions incident to it, that the people of 
 America rebelled against the parent country; 
 and, after eight years of war, established 
 their independence and freedom. 
 
 But before I quit this subject, I beg leave to 
 notice two cases occurring in remote posses- 
 sions of Great Britain,, and which have be- 
 come marked in history, from the fact that 
 they were brought within the reach, and sub- 
 jected to the public opinion and laws of that 
 island. 
 
 The first of these, is the case of Colonel 
 Wall, Governor of Goree. It seems that this 
 officer, upon some apprehension of mutiny in 
 the forces at his post — an apprehension which 
 may or may not have been well founded, so 
 far as I have been able to learn from the very 
 meager report of the evidence found in the 
 Annual Register for 1802, p. 560 — convened a 
 drum-head court-martial one evening upon 
 dress-parade, and ordered a sergeant before it 
 for immediate trial. The Court adjudged him 
 guilty, and sentenced him to receive eight 
 hundred lashes, which were thereupon in- 
 flicted on the spot, by the servants of the Gov- 
 ernor, who stood by and urged them to lay on, 
 employing language indicative of great pas- 
 sion. The sergeant died of the flogging. The 
 Governor returned to England, where, after 
 some two or three years had elapsed, he was 
 arrested on a charge of murder. He escaped, 
 and remained absent for seventeen or eighteen 
 years, when he returned to England, was re- 
 arrested, indicted, tried at the Old Bailey, con- 
 victed, and hungformurder,inl802. This case 
 strongly marks the light in which martial law is 
 regarded when enforced against Englishmen ; 
 and the writer of the report of the trial in the 
 Register, employs the whole case as an illus- 
 tration, on the one hand, of the harshness of 
 martial law; and, on the other, of the impar- 
 tial justice of English courts and juries. 
 
 The second case is that of missionary Smith, 
 in Demarara. He was a missionary to the ne- 
 groes of that colony. Among these, in 1823 or 
 1824, an insurrection broke out: martial law yi&s 
 proclaimed; and the rebellion almost imme- 
 diately suppressed. Having already incurred 
 14 
 
 the ill-will of the planters, as the reward of 
 his kindness to their slaves, he was arrested 
 on a charge of having had knowledge of the 
 insurrection before the fact, and failing to 
 communicate it to the authorities; and was 
 brought to trial upon this charge before a 
 court-martial, and convicted and sentenced to 
 bei hung. Before the time for his execution ar- 
 rived, however, he had died of consumption. 
 This fact alone, it would seem, from what sub- 
 sequently transpired in Parliament, saved the 
 parties to this trial — the Governor and mem- 
 bers of the court — from being proceeded again St 
 criminally. Sir James Mackintosh, in a 
 speech of great power, delivered before the 
 House of Commons in regard to this case, said 
 that "the acts of this court were nullities, 
 and their meeting a conspiracy; that their 
 sentence was a direction to commit a crime; 
 that if they had been obeyed, it would not 
 have been an execution, but a murder; and 
 that they, and all other parties engaged in it, 
 must have answered for it with their lives." 
 Miscellaneous Essays, etc., p, 542. Lord Broug- 
 ham, in a masterly speech delivered on the 
 same occasion, maintained and demonstrated 
 the nullity of the sentence, and the crimin- 
 ality of the court. 1 Speeches, p. 390-391, Out 
 of Parliament, the Edinburg Review took up the 
 case, in an unanswerable and scathing arti- 
 cle of more than forty pages, and condemned 
 the whole proceeding to everlasting infamy. 
 40 vol., p. 226, (Old Series). 
 
 I have been able to find but two instances 
 in which the British Government declared 
 martial law in this country during the Bevo- 
 lutionary War. The first of these occurred at 
 Boston, Massachusetts, June 12, 1775, at which 
 time General Gage issued his proclamation of 
 martial law, resting it expressly upon the 
 ground that, owing to the rebellion of the peo- 
 ple, the ordinary courts of justice were closed, 
 and the course of justice therein stopped; 
 and the consequent necessity of proclaiming 
 martial law as a substitute for the common 
 law. Let it be remembered, that this was 
 nearly two months after the battles of Con- 
 cord and Lexington, and but five days before 
 that of Bunker Hill, and that Boston was, at 
 the time, almost in a state of siege, and it will 
 scarcely be thought, by any one living in our 
 country to-day, that this procedure was pre- 
 mature. Nevertheless, in the opinion of 
 Americans of that day, it was an outrage well 
 worthy to crown all the rest for which they 
 were then every-where rushing to arms. It 
 was spoken of in the old Congress as an at- 
 tempt "to supersede the course of the com- 
 mon law, and instead thereof, to publish and 
 order the use of martial law." Journal of tlu 
 Old Congress, 147; Ann. Reg. 1775, p. 261. 
 
 Governor Dunmore adopted a similar meas- 
 ure in Virginia, November 7th, 1775, which 
 the Virginia Assembly met and denounced as 
 "an assumed power which the King himself 
 can not exercise; because it annuls the laws 
 of the land, and introduces the most execra- 
 ble of all systcms^marftaZ law." 4 Am. Ar- 
 chives, 87; Ann. Reg. 1775, p, 28. 
 
 Sometime after the close of the war of In- 
 dependence, and about the time of the adop- 
 
210 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 tion of ouv present Constitution, I 1)611676 in 
 the year 1787, a rebellion occurred in the 
 State of Massachusetts. It is known in his- 
 tory as Shay's Rebellion. When it became too 
 strong for the civil arm of the State govern- 
 ment, and the militia vi^ere finally called out, it 
 was not to supersede the civil authority, but 
 was strictly employed in aid thereof. The 
 writ of habeas corpus was, indeed, suspended 
 for a brief period; but no marital km was pro- 
 claimed or enforced against the insurgents. 
 On the contrary. Governor Bowdoin directed 
 General Lincoln to "consider himself, in all 
 his military oifensive operations, constantly 
 as under the direction of ttie civil officer, say- 
 ing when any armed force shall appear and 
 oppose his marching to execute these orders." 
 In this way, the rebellion, though formidable 
 both for its numbers, and the extensive sym- 
 pathy it received among the people of the 
 State who did not yet openly engage in it, was 
 put down almost without bloodshed; and 
 peace, order and good feeling were restored. 
 I am now brought to the era of the Federal 
 Constitution; and we can form some notion 
 of what was, most likely, the opinions and 
 sentiments of its authors in relation to martial 
 law, as an- incident of the Government they 
 were about to establish for themselves. They 
 had received their notions of law from a 
 country in which martial law had not bfeen exer- 
 cised for more than one hundred years ; they 
 had suffered, in two instances, during the late 
 war, the outrage of martial law; and had re- 
 pelled and denounced it as wholly incompati- 
 ble with the limitation'^ imposed by law upon 
 the King's prerogative. They had claimed the 
 great acts of English liberty as their rightful 
 inlieritance. (4 Franklin's Works, 274). They 
 had asserted their independence; because, 
 among other reasons, the King "had affected 
 to render the military independent of, and su- 
 perior to, the civil power," which was sim- 
 ply an attempt to establish martial law. And, 
 finally, they liad just seen a formidable domes- 
 tic rebellion in one of the States, go down be- 
 fore the local authorities thereof, without a 
 declaration of martial law, and almost without 
 the shedding of blood. Now, may I not ask. 
 Is there a single fact in all the experience of 
 these men, that could possibly have given rise 
 to a wish on their part for a Government ca- 
 pable upon every occasidn, offered by invasion 
 or rebellion, of suspending all its ordinary 
 functions, and calling into play "the odious 
 system of martial law?" On the contrary, we 
 are led to conclude, that, with the ordinary 
 feelings of men, they must have been utterly 
 and intensely hostile to any such power in 
 their Government. This would be our conclu- 
 sion, if they had left us no record on the sub- 
 ject. But they have left us their solemn tes- 
 timony in the Constitution, and it completely 
 sustains the conclusion to which we are led 
 by reasoning from the history of the past, and 
 their experience; for, if ever any Constitu- 
 tion did entirely shut out the idea of any 
 power being vested in any department of the 
 Government to declare martial law, it is that 
 of the United States of America. From its 
 very nature, no lees than by its express terms, 
 
 any such power is rendered totally impossi- 
 ble, while a vestige of the Constitution re- 
 mains. Let us examine it, and see. 
 
 In the first place, it is a Government created 
 by a written constitution, which limits it to 
 the exercise of specified powers. The first 
 section of the instrument stamps its entire 
 character. Thus: "All legislative power herein 
 granted, shall be vested," etc. But this is not 
 all. After granting tie powers intended for 
 the Government, it limits them by express de- 
 nials of others, which would otherwise have 
 been embraced in those granted. The ninth 
 section of the first article, is thus wholly de- 
 voted to these denials of powers. Among 
 these negative provisions are some utterly in- 
 compatible with the notion that the framers 
 of the Constitution could have entertained the 
 thought, even for a moment, of conferring the 
 power upon any department of the Govern- 
 ment, to declare martial law over the whole 
 United States, or any part of it, where the 
 presence of embattled hostile armies had not 
 already suspended all civil authority. Take 
 a single instance: "The privilege of the 
 writ of habeas corpus shall not be suspended, un- 
 less when, in cases of rebellion or invasion, 
 the public safety may require it." Now, we 
 have already seen that martial law is the sus- 
 pension of, the civil law, and of all the func- 
 tions of the civil government — not only of 
 the writ of habeas corpus, butr of all other pro- 
 cess and laws whatever. Why should the Consti- 
 tution limit the power of suspending privileges 
 to the writ of habeas corpus alone, and strictly to 
 cases of rebellion and invasion, "when the pub- 
 lic safety may require it," if its authors had un- 
 derstood, or intended that, in every such case, 
 all other provisions of the Constitution and 
 laws, designed to protect the citizen against 
 the encroachments of arbitrary power, might 
 be suspended at pleasure, by the President, all 
 over the country; or by any General, all over 
 his department? The specific limitation of 
 this power of suspension, to this one writ, in 
 any extreme public necessity, the public 
 safety, 'In cases of rebellion or invasion," 
 forever explodes the notion that they intended 
 to confer, in such cases, the power to suspend 
 all other writs and rights arising under the 
 Constitution and laws of the land. The ex- 
 pression of one excludes the rest. 
 
 Let us, however, briefly consider this pre- 
 tended power to proclaim martial law with 
 special relation to a Government like ours — a 
 Government with » written and limited Con- 
 stitution. The power in question, provided it 
 exists, must reside in some one, or in some 
 two, or in all three of the departments of the 
 Government. The categories are exhaustive. 
 
 It will not be pretended that it resides in 
 the Judiciary alone; nor, indeed, that any 
 portion of it is vested therein. AH writers 
 who have supported the power, are silent as to 
 any portion of it residing in the Judiciary. 
 But not only so, the Supreme Court itself, 
 when called to discuss the subject, seem to 
 regard it as vested elsewhere by the Constitu- 
 tion, provided it exist at all. This is as it 
 should be; for that department is, by its char- 
 ter, confined to the exercise of judicial funO' 
 
TKEASON TRIALS AT INDIANAPOLIS. 
 
 211 
 
 tions; and it will not be claimed that the 
 entire suspension of such functions, and the 
 laws upon which they depend, is a judicial 
 function. Such a suspension of the Judi- 
 ciary must come from witliout that depart- 
 ment. It has to do with the laws, and with 
 rights and wrongs under them; and as long 
 as a case is presented to the courts under ex- 
 isting laws, they must, from their nature, 
 needs act upon it. But this constitutional 
 necessity under which the Judiciary is placed, 
 is directly at war with the nature and exist- 
 ence of marlial laxc, which puts an end, for tl^e 
 time being, to the courts. In other words, 
 martial law can only exist when the courts 
 have ceased to exist. As long as they remain 
 open, martial laio remains impossible. Hence 
 the courts can not possess any power to de- 
 clare, or aid others in declaring martial law. 
 The power in question must, therefore, reside 
 in the Legislative or Executive departments 
 separately; or in both together, provided it 
 exist at all. 
 
 Is the power in question vested in Congress 
 alone? If so, then what follows upon its ex- 
 ercise? Have you ever thought of that? If 
 you have not, let me show you what must be 
 the result. It is this: A declaration of mar- 
 tial law would, for the time being, put an end 
 to the functions of Congress; and it would do 
 so, by placing an absolutely unlimited power 
 in the hands of the President, or of his Gen- 
 erals. Now, if Congress had this absolute 
 power to bestow, does not all history tell us 
 that once gone from their hands, it would be 
 gone forever? But you know that Congress 
 has no such power to confer. A single limita- 
 tion upon the powers of Congress gives the lie 
 to any such assumption of power as is implied 
 in a proclamation of martial law. And yet the 
 whole charter of Congress is hedged in by 
 limitations — nothing but limitations; limita- 
 tions as to the subjects of their jurisdiction; 
 limitations as to their mode of proceeding in 
 the attainment of specified objects; and limit- 
 ations by the express reservation of all powers 
 not granted to the Federal Government, to the 
 people or the States. All the powers denied 
 to Congress in the Constitution, leave that 
 body so much less power than is necessary to 
 a proclamation of martial law. All the powers 
 reserved to the people and States by the Con- 
 stitution, is a further limitation of the power 
 requisite to a proclamation of martial law. All 
 the power legitimately in the hands of the 
 Judiciary, is still a further limitation of the 
 power requisite to enable Congress to establish 
 martial law. And the same may be said of the 
 rightful powers of the Executive. Hence, it 
 is plain that Congress has no power to pro- 
 claim or authorize the proclamation of martial 
 law, which, according to the definition thereof, 
 given by all writers on the subject, makes the 
 mil of the Commander-in-chief the supreme and 
 only law of the land; or, to use the language of 
 Mr. Webster, empowers the "officer clothed 
 with it, to judge of the degree of force that 
 the necessity of the case may demand; and," 
 he adds, "there is no limit to this, except such as 
 is to be found in the nature and character of the 
 exigency." Webster's Works, 6 vol., pp. 240, 241. 
 
 But gran t for the argument, that Congress has 
 this power, what would be the inevitable result 
 of its exercise? All history tells us that such an 
 act would bo the suicide of the National Legis- 
 lature. All liberty, all laws designed to secure 
 liberty, all free institutions would perish by 
 the rash act; for what would laws, liberties, 
 institutions, or life itself be worth, when all 
 were placed at the will of an absolute master? 
 The exigency in which such power passed 
 from the representatives of the people, would 
 be readily continued by him on whom it was 
 conferred. The Government would be changed 
 by the act from the freest to the most simple 
 and absolute despotism on earth. Congress, 
 therefore, has no such power to confer: 1 
 Because it is incompatible with the limitations 
 imposed upon the powers of that body, both 
 by denial and reservation. 2. Because it 
 would be a power of self-destruction; and we 
 can not justly hold that it was intended by 
 the framers of the Constitution, that any Con- 
 gress should, in its discretion in a given 
 emergency, put an end, not only to its own 
 existence, but to the possible existence of any 
 future Congress. 
 
 If the power in question belongs to the 
 President alone, then, in times of invasion or 
 rebellion — times like these — the Constitution 
 of the country affords no better guaranty for 
 the security of the lives, liberty, and property 
 of the people, than his wiU. And is that the 
 end of the labors and solicitude of Washing- 
 ton and his compatriots, for the establishment 
 of a free people upon the American continent? 
 What signifies a limitation on the power of 
 the Judiciary and on that of Congress, if the 
 President has, in any event, an unlimited 
 power over both, and all else in the land? 
 The power, then, does not belong to the Presi- 
 dent alone. 
 
 The same result is attained, if the power to 
 proclaim martial law is conceded to reside in 
 the Congress and President jointly; or, in- 
 deed, in all the departments of the Govern- 
 ment together; for its exercise involves the 
 transformation of the entire Government from 
 one limited and free, at least in form, to one 
 unlimited and despotic, both in form and in 
 fact. So that, in any view we can possibly 
 take of this power, it can not exist in a lim- 
 ited government created by a written consti- 
 tution. It is, indeed, an absurdity too gross 
 to be admitted, until all pretense of liberties 
 and rights on the part of the people is utterly 
 abandoned. 
 
 But let us now glance at the war power con.- 
 ferred by the Constitution upon the Govern- 
 ment, and ascertain where it is vested. Is 
 any part of it bestowed upon the President 
 by original constitutional grant? If not, upon 
 what basis are we to rest the stupendous pow- 
 ers claimed for him, as the foundation of 
 your jurisdiction? Let us examine, and see 
 how he stands. 
 
 He is, I grant, appointed Commander-in- 
 chief by the Constitution; but where is his 
 command? It is in the discretion of Congress. 
 If that body determine to have no army, why, 
 then, the President can have none to command. 
 If Congress takes the same view in regard to 
 
212 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 a navy, the President, again, will be in pre- 
 cisely the same situation as a naval officer. 
 Without an act of Congress, he can not, there- 
 fore, raise a^single soldier, or seaman, or build 
 a ship, or fort, or do any other military act 
 whatever. If Congress do not raise an army, 
 he can have no military power to repel inva- 
 sion, or suppress insurrection. But, if Con- 
 gress authorize him to raise an army and 
 navy, and provide him with the means neces- 
 sary to the end, they may still provide just 
 such rules and regulations for the government 
 thereof as they please, and may thus leave 
 him little or no power over either. The same 
 is true of the militia of the several States. 
 They are to be organized, armed, and discip- 
 lined according to the will of Congress; and 
 Congress alone has power to provide for call- 
 ing them forth to execute the laws of the 
 Union, suppress insurrection, and repel inva- 
 sion. The President is powerless on all these 
 subjects until Congress invigorate him. The 
 very terms which designate him as Command- 
 er-in-chief of the army and navy, and of the 
 militia of the several States, limit his power 
 over the last, until they are "called into the 
 actual service of the United States." Is it not 
 preposterous, then, to say of such an officer 
 one so entirely dependent upon Congress for 
 every element of military power, and bound 
 to accept it, subject to just such rules and 
 regulations as they "impose — that he is, never- 
 theless, authorized, upon a given emergency, 
 "to sweep the Constitution and laws of the 
 country by the board," as Mr. Adams expressed 
 it; to annihilate, for the time being, all the 
 powers and functions of Congress and the 
 Judiciary, by virtue of this same power, thi^s 
 dependent upon Congress; and, going still 
 further, to create a new political society, by 
 equalizing all the people of the several States, 
 by abolishing their several governments and 
 institutions, and consolidating them into one 
 social and political state, subject to one law 
 only — his own mere will; for this is martial 
 law. The power contended for by the Judge 
 Advocate, as the basis of your jurisdiction, 
 leads to this monstrous result; and some of 
 the opinions cited in support of it, may even 
 go to this extent. 
 
 It is, therefore, plain to my mind that the 
 several departments of the Government do not 
 possess the power in question, either jointly 
 or severally; for, if given, it would be a power 
 to subvert the Constitution and overthrow the 
 Government. 
 
 But the nature and objects of the political 
 society over which the Government of the 
 United States was organized to preside, pre- 
 cludes the idea that any such power, as that 
 of declaring martial law, can exist therein. 
 That society is confined and limited in its 
 objects and purposes by the Constitution; and, 
 in fact, has no existence beyond the tei'ms of 
 that instrument. The relations that in all 
 consolidated nations most deeply and nearly 
 interest mankind, and most strongly bind 
 them together, are not embraced in the pur- 
 poses and scope of the Federal Union at all. 
 It is in the States that the great elements and 
 relations of political society are principally 
 
 found. The Government of the Union can 
 not, therefore, assert the power in question, 
 for two reasons, namely: 
 
 1. Because the people of the several States 
 of the Union have formed no society — ^no com- 
 munity — beyond that which results from the 
 terms of the Constitution. 
 
 2. Because the exercise of such a power by 
 the Federal Government would destroy the 
 several distinct societies now represented by 
 the several State governments; and to such 
 destruction neither the people nor the govern- 
 ments of the States have ever consented. ' 
 
 But from such destruction of the States fol- 
 lows inevitably the destruction of the Federal 
 Government; for the States are in many and 
 essential regards constituents of that Gov- 
 ernment, which can not exist without them. 
 
 That the Federal Government is thus limited 
 by its Constitution, and from the special char- 
 acter of the political society upon which it 
 rests, is proven by its whole history. It can 
 not, like a government of general powers, 
 with no limitations upon them which it may 
 not by its own legitimate act remove, exercise 
 any power not conferred upon it by the char- 
 ter of its creation. If its officers should do 
 so, their acts are not the acts of the Govern- 
 ment; but simply the acts of the individuals 
 who do them; and are in no wise binding 
 upon the people who have never consented to 
 them. Whiiaker v. English, 1 Bajfs Rep., 15; 
 Thayer v. Hedges et al., 22 Ind. Rep., 282; Wil- 
 cox V. Qriffin, 21 Id., 370; and lAttle el al. v. 
 Barreme et al., 2 OrancVs Rep., p. 170. 
 
 In this respect the British Government has 
 greatly the advantage over ours; for there are 
 no written limitations upon its powers, which 
 Parliament — being omnipotent — ^may not ex- 
 pand or remove altogether. A declaration of 
 martial law by an act of Parliament; or under 
 an authority granted thereby; or with'the 
 assurance fhat an act of indemnity will fol- 
 low it, is in no wise inconsistent with the 
 British Constitution. The highest written ele- 
 ment in that constitution does not rise above an 
 act of Parliament. Parliament, at all times, rep- 
 resents the entire swra of all the politico-social 
 capability, or possibility of the whole country. 
 It may, therefore, properly take any step it 
 may deem necessary for the conservation of 
 the society over which it presides. As Parlia- 
 ment itself is but a means to an end — the 
 preservation and well-being of that society — 
 it may, in a great emergency, without viola- 
 ting any fundamental principle, surrender its 
 own existence. Arid yet, a declaration of 
 martial law is said to be unconstitutional there, 
 by a high legal and military functionary of 
 that country. HougKs Precedents in Military 
 Law, p. 543. 
 
 In view of all this, it seems passing strange 
 that the Government of the United States 
 should ever have been compared with that of 
 Great Britain in relation to the establishment 
 of this transcendent fact; and still more 
 strange that the President should have been 
 sot up as the equal in this respect of the 
 King — nay, as his superior. The entire pro- 
 ceedings of the . convention that framed the 
 Constitution, go to discountenance any such 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 213 
 
 position. They intended to create an execu- 
 tive with altogether less authority than the 
 King of Great Britain; and they succeeded 
 in doing so, if it is possible to impose limita- 
 tions by means of a written Constitution. 
 How they regarded this part of their work, 
 after its accomplishment, may bo learned from 
 the Federalist. (No. 69 MallowcU's ed., 1831, p. 
 347). It is not contended that the king can 
 rightfully suspend the writ of habeas corpus; 
 but in times of great emergency, he is per- 
 mitted to do so until the next meeting of Par- 
 liament, when an act of indemnity must be 
 passed- for the protection of those who were, 
 in anywise, engaged in such suspension, 
 against civil prosecutions on account thereof. 
 Now, this act of indemnity is an admission of 
 the original illegality of the previous suspen- 
 sion; for it is passed for the purpose of curing 
 it, and giving it the sanction of law. But 
 Dr. Francis Lieber maintains that there can 
 lie passed no valid act of indemnity by a 
 government created by, and acting under a 
 written Constitution like ours ; and this opin- 
 ion he cites in a second treatise published 
 many years after his work on Zeffal and Polit- 
 ical Jlermeneutics was given to the public. 
 (ITermeneutics, pp. 79, 80; and Civil lAberttj and 
 Self- Government, vol. ,1, p. 134). If argument 
 were wanting to support this authority, it 
 arises from the very nature of our Constitu- 
 tion. But I leave it to stand upon the author- 
 ity of a great name, adorned not only by great 
 learping devoted to the noblest purposes of 
 science; but, also, to the support of the cause 
 of his adopted country in the existing struggle 
 for the integrity of its territory and the su- 
 premacy of its Constitution. And yet, I 
 know, there are not wanting men, native to 
 the manor born, who claim that the President 
 has the power, under the Constitution, to sus- 
 pend the writ of habeas corpus . But do they 
 forget that no such opinion was ever expressed 
 by any one who had a hand in framing the 
 Constitution, or who lived and acted with 
 them? Mr. JefiFerson did not think so. (2 
 Jefferson's Corresp., pp. 274, 291; Id., 344). On 
 the contrary, he went to Congress and asked 
 for a suspension of the writ at the time of 
 Burr's conspiracy; and, while they refused to 
 suspend it, not a member of that body was 
 • found to question the fact that the power to 
 pass such an act, under proper circumstances, 
 was vested in them. 3 £enton't Debates in 
 Congress, p. 504e< seq. 
 
 About the same time, in the case of two 
 men imprisoned by order of the President for 
 complicity in that conspiracy, Chief-Justice 
 Marshall, in speaking upon the writ of habeas 
 corpus, and the act of Congress which author- 
 izes judges and courts of the United States to 
 grant it, said: 
 
 " It may be worthy of remark that this act 
 was passed by the first Congress of the United 
 States, sitting under a Constitution which had 
 declared 'that the privilege of the writ of 
 habeas corpus should not be suspended, unless 
 when, in cases of rebellion or invasion, the 
 public safety may require it.' Acting under 
 the immediate influence of this injunction, they 
 must have felt with peculiar force the obliga- 
 
 tion of providing efficient means by which 
 this great constitutional privilege should re- 
 ceive life and activity; forif the means be not 
 in existence, the privilege itself would be lost, 
 although no law for its suspension should be 
 enacted. Under the impression of this obli- 
 gation, they gave all the courts the power of 
 awarding writs of habeas corpus. « » « 
 
 "If, at any time, the public safety should 
 require the suspension of the powers vested 
 by this act in the courts of the United States, 
 it is for the Legislature to say so. That question 
 depends on political considerations, on which 
 the Legislature is to decide. Until the legislative 
 will be expressed, the court can only see its duty, 
 and must obey the laws." 4 Cranch's Reports, pp. 
 75, 137. 
 
 In this opinion concur all respectable au- 
 thorities that I have been able to consuH. 
 Among them are Rawle, Sedgewiok, Story, 
 and the late Chief-Justice Taney. Rawle on 
 (AeCons*., pp. 114,115; 2 Story onthe Const.,^\H'l; 
 Sedgewick on the Const, and Statute Law, p. 598 ; 
 and 9 Am. Law Reg., p. 524. 
 
 But if the President has no power to sus- 
 pend the writ of habeas corpus, and Congress 
 no power to indemnify him, and those acting 
 under liis orders, for forcibly denying it, then 
 it fellows' that he can not have the far greater 
 power of proclaiming martial law — a power 
 which embraces the suspension not only of 
 the writ of habeas corpus, but of all other writs 
 and laws, even the Constitution itself. 
 
 And hence, I conclude, that there is not, and 
 can not possibly be, any power in a government 
 like ours to declare martial law, unless it be 
 upon the theater of active military opera- 
 tions; and that every such declaration of mar- 
 tial law, in any State or place, not subject to 
 such operations, is mere naked unautliorized 
 force, and altogether unjustifiable; that the 
 true test of the fresence, in any State or 
 place, of such military operations as justifies 
 a proclamation of martial law, is found in the 
 fact that the courts of justice therein are 
 closed, and the administration of justice 
 stopped by the presence of hostile armies ; 
 that, whenever that is not the case in any part 
 of the United States, martial law, in no possible 
 view, can rightfully exist; and, finally, as the 
 courts of justice in this State are proven, in 
 this case, to be open at this time, and to have 
 been so all the time, both before and since the 
 arrest of the accused, any attempt to enforce 
 martial law against them is a grievous wrong, 
 not only to them, but to the whole country; 
 and, indeed, to the general cause of freedom 
 and free government throughout the world. 
 
 While upon this branch of the subject — the 
 power to declare martial law — I beg leave to re- 
 peat a few propositions urged in a former 
 trial. I am now prepared to support them by 
 high military authority, which was not then 
 at hand. They are as follows: 
 
 "The charges in this cause involve capital 
 and infamous crimes; and the Constitution of 
 the United States expressly provides that 
 
 "'No person shall be held to answer for a 
 capital or otlierwise infamous crime, unless 
 on a presentment or indictment by a grand 
 jury; except in cases arising in the land or 
 
214 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 naval fovcea, or in the militia when in actual 
 service in time of war or public danger.' 
 (Amend. Const. U. S., Art. 5). And, again, 'in 
 all criminal cases, the prisoner shall enjoy 
 the right to a speedy and public trial, by an 
 impartial jury of the State and district where 
 the crime shall have been committed,' etc. 
 Amend. Const, Art. 6. 
 
 " These provisions were adopted after the 
 organization of the Government of the United 
 States under the present Constitution, and for 
 the purpose of placing the trial by jury en- 
 tirely beyond the power of Congress, and of 
 all other branches of the Government. The 
 Constitution, as originally adopted, contained 
 the following provision on the subject: 'The 
 trial of all crimes, except in cases of impeach- 
 ment, shall be by jury; and such trial shall 
 be held in the State where such crime shall 
 have been committed.' (Art. 4, i 2). So jeal- 
 ous were the people of the right in question 
 that they required, the amendments I have al- 
 ready quoted, notwithstanding this original 
 provision. 
 
 "The accused are citizens of the United 
 States, and of the State of Indiana, not in the 
 land or naval forces, or in the militia in ac- 
 tual service. They are, therefore, not within 
 the exception of the fifth article of amend- 
 ments just cited. The exception does not af- 
 fect their right any more than if it did not 
 exist. [On the contrary, it makes it alto- 
 gether more clear and undeniable]. These 
 several provisions are absolute as to them; 
 and if any constitutional provisions can pro- 
 tect a right, it would seem they ought to be 
 protected from a trial not in conformity with 
 them. Indeed, it would seem, they can not, in 
 fairness, be tried without being first presented 
 or indicted by a grand jury, nor without a 
 petit jury of the district wherein their alleged 
 offenses were committed." 
 
 Lieutenant General Scott, in his Autohiog- 
 raphy, republishes an article published by him 
 in the National Intelligencer, in 1842. From 
 this article I extract the following paragraphs, 
 which immediately follow the amendments 
 of the Constitution already quoted: 
 
 "If these amendments do not expressly se- 
 cure the citizen, not belonging to the army, 
 from the possibility of being dragged before a 
 council of war, or courlr-mariial, for any crime, 
 or on any pretense whatsoever, then there can 
 be no security for any human right, under any hu- 
 man institutions I 
 
 "Congress and the President could not, if 
 they were unanimous, proclaim martial law, in 
 any portion of the United States, without first 
 throwing these amendments into the fire. If 
 Mr. Madison (begging pardon of his memory 
 for the violent supposition) had sent an order 
 to General Jackson to establish the odious 
 code over the citizens of New Orleans, during, 
 before, ' or after the siege of that capital, 
 it would have been the duty of the General, 
 under his oath, to obey the Constitution, and 
 to have withheld obedience; for, by the Ninth 
 Article of War (the only one on orders), ofiiccrs 
 are not required to obey any but ' lawful com- 
 mands.' " Vol. 1, p. 292. 
 Again, he says : 
 
 "When Pompey played the petty tyrant at 
 Sicily, as the lieutenant of that master despot 
 Sylla, he summoned before him the Mammer- 
 tines. That people refused to appear, alleging 
 that they stood excused by an ancient privi- 
 lege granted them by the Romans. 'What,' 
 said Sylla's lieutenant, 'will you never have 
 done with citing laws and privjleges to men 
 who wear swords.' Roman liberty had already 
 been lost in the distemperature of the times. 
 ■:s » » If Pompey had gained the battle of 
 Pharsalia, would his odious reply to the Mam- 
 mertines have been forgiven by the lovers of 
 human liberty? With such maxims of Govern^ 
 ment, it wiite of little consequence to the Ro- 
 man world that Caesar won the day. A Terres 
 would have been as good as either." Zd., p. 294. 
 He also gives the following fact in our own 
 history, which, although a little out of its 
 place, I yet beg leave to insert as indicative 
 of the spirit in which the struggle of 1776 
 was conducted by the founders of our Gov- 
 ernment: 
 
 "In South Carolina, during the Revolution- 
 ary War, at the moment when Sir Henry 
 Clinton was investing the devoted city of 
 Charleston, and the tories in arms every- 
 where, the Legislature empowered her excel- 
 lent Governor, John Rutledge, after consulting 
 with such of his council as he conveniently 
 could, 'to do every thing necessary for the 
 public good, except the taking away of the life of 
 a citizen without legal triaV Under that excep- 
 tion, at a time when there was no Constitution 
 of the United States, there was no Louallier 
 deprived of the one, and put in jeopardy of 
 the other, by martial law." Id., pp. 297, 289. 
 
 But the same distinguished General has ' 
 consistently, throughout his whole life, main- 
 tained the same opinions on this subject. In 
 the month of October, 1846, he submitted to 
 Secretary Marcy a projet for the purpose of 
 enabling generals of our armies, then in the 
 field in Mexico, to enforce martial law for the 
 protection of our armies against lawlessness 
 on the part of the people of that country, and 
 the people against lawlessness on the part of 
 our soldiers, in cases not provided for in our 
 Articles of War. In this communication, 
 among many other things, he says: 
 
 "It will be seen that I have endeavored to 
 place all necessary limitations on martial law. , 
 1. ^^ restricting it to a foreign hostile coun- 
 try. 2. To offenses enumerated with some 
 accuracy. 3. By assimilating coMncife of war 
 to courts-martial. 4. By restricting punish- 
 ments to the known laws of some one of the 
 States," etc. 
 
 And, having shown the course usually pur- 
 sued by British commanders, under like cir- 
 cumstances, he proceeds to say: 
 
 "This law " — he was asking for an act of 
 Congress — "can have no constitutional, legal, or 
 necessary existence within the United States. 
 At homo, even the suspension of the writ of 
 habeas corpus by Congress, could only lead to 
 indefinite incarceration of an individual, or 
 individuals, who, if further punished at all, could 
 ordy be so through the ordinary or common law 
 of the land." 5 JExec. Doc, 30 Congress, lii 
 session, Doc. 59, pp. 50, 52. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 215 
 
 This projet, apparently so roasonablo and so 
 necessary, was, howeTer, never adopted by the 
 administration of Mr. Polk; and we accord- 
 ingly find the Secretary of War, about the 
 samd time, directing General Taylor to release 
 from confinement, and send out of his lines, a 
 notorious murderer, because the Articles of 
 War did not then authorize his trial by a 
 court-martial, ftlthou^h he was a soldier. And 
 so the Articles of War remained until the 
 present rebellion, notwithstanding the inter- 
 national laws and usages of war clearly 
 clothed our generals, in the enemy's country, 
 with the power requisite to punish such of- 
 fenses by martial law. Groiiua, Be Jure Belli ac 
 Pads, lib. 3, cap. 8; VatleVs Law of Nations, lib. 
 3, cop. 8; and Wheaton's Elements of Interna- 
 tional Law, part 4, cap. 2^ 
 
 Since the present rebellion began, Congress 
 have enlarged the jurisdiction of courts-mar- 
 tial over soldiers, so as to embrace such cases. 
 In the same act, too, they have made the pun- 
 ishments affixed to such crimes by the laws of 
 the State where they may be committed, the 
 measure, in one respect at least, of the pun- 
 ishments to be infiicted by sucli courts. The act, 
 however, is limited in its operations to soldiers. 
 Hence, I infer that it was not intended to extend 
 to citizens; and this upon the long established 
 principle, " that affirmatives in statutes that intro- 
 duce new laws do imply a negative of all that is not 
 in the purview." Hobart's Rep., p. 298. 
 
 It might readily be shown that, upon all the 
 principles of construction and interpretation 
 applicable to constitutional provisions in re- 
 gard to the right of trial by jury, that they 
 occupy a favored relation to the other provi- 
 sions of that instrument. In the first place, it 
 stands among the reserved rights of the peo- 
 ple. It is, as it were, placed in a Bill of 
 Rights: and is thus entitled to a favorable, or 
 liberal construction, as in favor of liberty, and 
 against the powers granted, which, simply be- 
 cause they are encroachments upon liberty, 
 must be strictly construed. There are no 
 rules better established in our constitutional 
 jurisprudence than these. Besides, amend- 
 ments must always prevail as against provi- 
 sions conflicting with them ; and the right of 
 trial by jury is secured by amendments to the 
 Constitution. If they had not been so named, 
 the mere fact that they were adopted after the 
 Constitution, and by equal authority to that 
 by which it was adopted, entitles them to pre- 
 vail against any provision conflicting with 
 them ; for as it is not possible for one Parlia- 
 ment, or Congress, to bind the hands of a sub- 
 sequent one, so one generation of the people 
 can not bind the next, or even itself, at a sub- 
 sequent time. 
 
 I disagree with the opinion expressed by 
 Mr.i Attorney General Gushing, in an opinion 
 which I have already quoted, in which he 
 seems to hold that these provisions in respect 
 to the right of trial by jury, are of but little 
 ralue, on account of the very general terms 
 in which they are expressed. He should have 
 remembered, however, that they were adopted 
 by the framers of the Constitution from an- 
 cient English laws, and had received a fixed 
 and practical signification and application for 
 
 ages. Mr. Justice Story was not inclined to 
 regard them as mere "glittering generalities;" 
 for he thus descants upon the rights they 
 secure; 
 
 "It seems hardly necessary, in this place, 
 to expatiate on the antiquity or importance of 
 the trial by jury in criminal cases. It was 
 from very early times insisted on by our ances- 
 tors, in the parent country, as the great bul- 
 wark of their civil and political liberties; and 
 watched 'with an unceasing jealousy and so- 
 licitude. The right constitutes one of the fun- 
 damental articles of Magna Charta, in which 
 it is declared: 'Nullus homo capiatur, ncc im- 
 prisonetur, aui ezulit, aut aliquo modo distrualur, 
 etc.; nisi per legale judicium parium suorum, vcl 
 per legem terras; no man shall be arrested, nor 
 imprisoned, nor banished, nor deprived of life, 
 etc., but by the judgment of his peers, or by 
 the law of the land.' The judgment of his 
 peers here alluded to, and commonly called, in 
 the quaint language of former times, a trial 
 per pais, or trial by the country, is the trial by 
 a jury, who are called the peers of the party 
 accused, being of the like condition and equal- 
 ity in the State. When our more immediate 
 ancestors removed to America, they brought 
 this great privilege with them, as their birth- 
 right and inheritance, as a part of that ad- 
 mirable common law which had fenced round 
 and interposed barriers on every side against 
 the approaches of arbitrary power. It is now 
 incorporated into all our State Constitutions 
 OS a fundamental right, and the Constitution of the 
 United States would have been justly obnoxious to 
 the most dmichisii^e objection, if it had not recog- 
 nized and confirmed it in the most solemn terms. 
 
 " The great object of a trial by jury in crim- 
 inal cases is to guard against a spirit of op- 
 pression and tyranny on the part of rulers; 
 and against a spirit of violence and vindic- 
 tiveness on the part of the people. Indeed, it 
 is often more important to guard against the 
 latter than the former. The sympathies of all 
 mankind are enlisted against the revenge and 
 fury of a single despot, and every attempt 
 will be made to screen his victims. But how 
 difficult is it to escape from the vengeance of 
 an indignant people, roused to hatred by un- 
 founded calumnies, or stimulated to cruelty 
 by bitter political enmities, or unmeasured 
 jealousies 1 The appeal for safety can, under 
 such circumstances, scarcely be made by in- 
 nocence in any other manner than by the se- 
 vere control of courts of justice, and by the 
 firm and impartial verdict of a jury sworn to 
 do right; and guided solely by legal evidence, 
 and a sense of duty. In such a course there 
 is a double security against the prejudices of 
 judges who may partake of the wishes and 
 opinions of the Government, and against the 
 passions of the multitude, who may demand 
 their victim with a clamorous precipitation. 
 So long, indeed, as this palladium remains sa- 
 cred and inviolable, the liberties of a free gov- 
 ernment can not wholly fall. But to give it real 
 efficiency, it must be preserved in its purity 
 and dignity, and not with a view to slight in- 
 conveniences, or imaginary burdens, be put 
 into the hands of those who are incapable of 
 estimating its worth, or are too inert, or too 
 
216 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 ignorant, or too imbecile to wield its potent 
 armor. Mr. Justice Blackstone, with the 
 warmth and pride becoming an Englishman, 
 living under its blessed protection, has said: 
 ' A celebrated French writer, who concludes, 
 that because Rome, Sparta, and Carthage have 
 lost their liberties, therefore those of England, 
 in time, must perish, should harve recollected 
 that Rome, Sparta, and Carthage, at the time 
 their liberties were lost, were strangers to the 
 trial by j ury .' 
 
 " It is observable that the trial of all crimes 
 is not only to be by jury, but to be held in the 
 State where they are committed. The object 
 of this clause is to secure the party accused 
 from being dragged to a trial in some distant 
 State, away from his friends, and witnesses, 
 and neighborhood, and thus to be subjected to 
 the verdict of mere strangers, who may feel 
 no common sympathy, or who may even cher- 
 ish animosities or prejudices against him. 
 Besides this, a trial in a distant State or Ter- 
 ritory might subject the party to the most op- 
 pressive expenses, or, perhaps, even to the in- 
 ability of procuring the proper witnesses to 
 establish his innocence. There is litMe dan- 
 ger, indeed, that Congress would ever exert 
 their power in such an oppressive and unjus- 
 tifiable a manner. But, upon a subject so vital 
 to the security of the citizen, it was fit to leave 
 as little as possible to mere discretion. By 
 the common law, the trial of all crimes is re- 
 quired to be in the county where they are 
 committed. Nay, it originally carried its 
 jealousy still further, and required that the 
 jury itself should come from the vicinage of 
 the place where the crime was alleged to be 
 committed. This was certainly a precaution, 
 which, however justifiable in an early and 
 barbarous state of society, is little commend- 
 able in its more advanced stages. It has been 
 justly remarked that, in such cases, to sum- 
 mon a jury, laboring under local prejudices, 
 is laying a snare for their consciences, and 
 though they should have virtue and vigor of 
 mind suiKcient to keep them upi'ight, the par- 
 ties will grow suspicious, and indulge other 
 doubts of the impartiality of the trial. It 
 was doubtless by analogy to this rule of the 
 common law, that all criminal trials are re- 
 quired to be in the State where committed. 
 But as crimes may be committed on the high 
 seas, and elsewhere, out of tjie territorial ju- 
 risdiction of a State, it was indispensable 
 that, in such cases, Congress should be enabled 
 to provide a place of trial." Story on the 
 Const., il 1778, 1779, 1780, tt seq. 
 
 M. De Tooqueville, in discussing the insti- 
 tution of the jury, gives very great weight to 
 its character as a political institution. In 
 times like these, we may, perhaps, learn some- 
 thing of the value of what we now seem about 
 to lose, even from the words of a foreigner. 
 He says; 
 
 " The true sanction of political laws is to be 
 found in penal legislation, and, if that sanc- 
 tion be wanting, the law will sooner or later 
 lose its cogency. He who punishes infractions 
 of the law, is, therefore, the real master of society. 
 Now, the institution of the jury raises the 
 people itself, or, at least, a class of citizens, to 
 
 tho bench of judicial authority. The consti- 
 tution of the jury consequently invests the 
 people, or a class of citizens, with the direc- 
 tion of societf." 1 Democracy in America, p., 
 309. 
 
 Again, he says : 
 
 "The jury is pre-eminently a political in- 
 stitution. It must be regarded.as one form of 
 the sovereignty of the people. When that sov- 
 ereignty is repudiated, it must be rejected; or 
 it must be adapted to the laws by which that 
 sovereignty is established. The jury is that 
 portion of the nation to which the execution 
 of the laws is intrusted, as the House of Par- 
 liament constitute that part of the nation 
 which makes the laws; and in order that so- 
 ciety may be governed with consistency and 
 uniformity, the list of citizens qualified to 
 serve on juries must increase and diminish 
 with the list of electors." Id., 310. 
 
 He further says: 
 
 "The system of the jury, as it is under- 
 stood in America, appears to me to be as di- 
 rect, and as extreme a consequence of the 
 sovereignty of the people as universal suffrage. 
 The institutions are two instruments of equal 
 power, which contribute to the supremacy of 
 the majority. All the sovereigns who have chosen 
 to govern by their own authority, and to direct society 
 instead of obeying its direction, have destroyed or en- 
 feebled the institution of the jury. The monarchs 
 of the house of Tudor sent to prison jurors 
 who refused to convict, and Napoleon caused 
 them to be returned by his agents." /rf., p. 
 310. 
 
 How much it is to be regretted that any 
 American citizen, and especially one in high 
 position, should allow himself to be driven by 
 the terrible condition of the country, or any 
 other consideration, to disparage the trial by 
 jury in criminal cases; and. In the very 
 teeth of the Constitution of his country, pub- 
 licly express his regret that the jury stands 
 in the way of a system of penal administra- 
 tion, which may be more certain to conform to 
 his own private views of justice; and to hold 
 men to answer "charges of crimes" not "well 
 defined by law." That any cause should have 
 led an American citizen to such conclusions, 
 is, I humbly conceive, one of the very worst 
 signs of these evil times. If our country is to 
 be successful in its present struggle, and if 
 its liberties are destined to survive, the jury,, 
 venerable for its antiquity and sacred for its 
 uses, must go with us, in all its vigor, through 
 the Red sea, in the midst of which we are now 
 journeying. To abandon it now, is to give up 
 the contest for free government in which we 
 are engaged. Wo must not, therefore, aban- 
 don it in these dark days, and it will follow us 
 again into the light, and long continue to pro- 
 tect and bless us in the possession of a manly 
 freedom, in the happy years to come. 
 
 I think it has already been sufficiently 
 shown, that there is, in fact, no power in the 
 General Government, nor behind that, in tho 
 society which it represents, to proclaim martial 
 law throughout the whole country. It may, 
 perhaps, have a local operation, as a mere 
 fact, resulting from the presence of hostile 
 armies; but, in that case, it will exist without 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 217 
 
 a proclamation ns well as with it. Dr. Leibcr, 
 whom I have already quoted, and whose worlcs 
 are of the highest possible value on nil sub- 
 jects which he touches, in General Orders, No. 
 100, 1863, of our War Department, fully sus- 
 tains this view. He says, or rather the Oom- 
 mander-in-chief, speaking his words, says: 
 " The presence of a hostile army proclaims its 
 martial law." If, therefore, there be no right- 
 ful power in the Government to proclaim viar- 
 lial toj%over any part of its own territories, 
 where the fact is not already established by 
 events, then Indiana is certainly not under 
 mfirtial law to-day, and has never yet been. 
 
 If, however, in the consideration of this 
 branch of the subject, you should still hold 
 that the Government, or any department there- 
 of, may declare martial law without the pres- 
 ence of the fact, then other questions nat- 
 urally present themselves. Among these I 
 may be permitted to ask the following: 
 
 Has the Government of the United States, 
 or any department thereof, declared martial law 
 in the State of Indiana? 
 
 Who has done it? — the President, or some of 
 his generals? 
 
 Has Congress authorized it? Let us exam- 
 ine and see how the fact stands. Has that 
 body taken that great, and, for themselves, as 
 ft department of the Government, it may be, 
 final step? Surely Congress has not turned 
 felo de se. On the contrary, they have showed 
 great prudence and discretion, as well as re- 
 gard for the Constitution, and our free insti- 
 tutions existing under it; while, at the same 
 time, thej/ have taken due care that the Republic 
 may tuffer no detriment. 
 
 lean not more pointedly and briefly present 
 the action of Congress on this subject than 
 was done in the case of Mr. Dodd; and, there- 
 fore, adopt what was then urged upon your 
 consideration : 
 
 "By an act approved July 31, 1864, (12 Stat. 
 at Large, p. 284), conspiracies are defined and 
 the mode of punishment prescribed, namely: 
 by tAil in the circuit or district courts of the 
 United States, of the proper circuit or district. 
 Can these parties be tried before any other 
 tribunal? The defendants hold not. 
 
 "By the President's proclamation of Sep- 
 tember 24, 1862, suspending the privilege of 
 the writ of habeas corpus, it was ordered, 'that 
 during the existing insurrection, and as a nec- 
 essary measure for suppressing the same, all 
 rebels and insurgents, their aiders and abettors 
 within the United States, shall be subject to 
 martial law, and liable to trial and punishment 
 by court-martial or military commission.' 
 Without stopping to inquire whether this 
 proclamation was authorized; and, if so, 
 whether it embraced persons charged with 
 committing a substantive offense, within a 
 State not in insurrection, and where the 
 United States courts were in full exercise of 
 their powers, the defendants claim that it has 
 been superseded by the act of Congress of the 
 3d of March, 1863, [12 Stat, at Large, 775], re- 
 lating to the writ of habeas corpus; and by the 
 President's proclamation based thereon, of 
 September 15, 1863. 
 
 "The first section of this act of 1868, au- 
 
 thorizes the President to suspend tjie writ of 
 habeas corpus. 
 
 "The second requires the Secretaries of 
 State and War to report to the judges of the 
 United States circuit and district courts the 
 names of all persons held in military custody 
 by order of the President, in their respective 
 districts; and, if the grand juries of the 
 proper districts fail to find bills, it is made 
 tlie duty of the judges to have all such per- 
 sons discharged, on taking the oath of allegi- 
 ance, and giving bond, if required. 
 
 "The third section provides that all persons 
 so held, and not reported, shall be entitled to 
 a discharge in the same manner as is pro- 
 vided in the second section, after a failure, on 
 the part of the proper grand jury, to indict 
 them. 
 
 "Here are all the sections of this act which 
 bear on the question; and, it will be seen, 
 that while they contemplate and sanction mil- 
 itary arrests, they do not countenance or au- 
 thorize military trials. On the contrary, they 
 fairly discountenance them. 
 
 "The President's proclamation, based on this 
 act, limits the suspension of the habeas corpus 
 to persons amenable to military law, or to the 
 Rules and Articles of War. No order is con- 
 tained in the proclamation in regard to trial, 
 and the inference is irresistible, that the 
 proper courts are left to act under the rules 
 of law upon that subject; and these are too 
 well defined to require comment. Civil courts 
 try offenses against the law, committed by cit- 
 izens — military courts try such as are sub- 
 ject to the Rules and Articles of War; and the 
 defendants claim that they do not fall within 
 that class." 
 
 I have been able to find no other act of Con- 
 gress, passed since the 3d of March, 1863, 
 whicli authorizes or countenances in any man- 
 ner whatever the notion that it has, at any 
 time, been the intention of that body to estab- 
 lish martial law, or to authorize any one else to 
 do so, or even to permit it. This act does, in- 
 deed, authorize the suspension of the writ of 
 habeas corpus, if Congress can transfer the dis- 
 cretion conferred upon them by the Constitu- 
 tion, to determine at what time, in the progress 
 of an invasion, or rebellion, the emergency re- 
 quired has arisen, when the public safety re- 
 quires its suspension. That Congress can do 
 any such tiling, I deny; but do not choose to 
 stop here to discuss the point, as it is -not in- 
 volved in this cause. 
 
 If we admit, for the sake of argument, that 
 Congress have invested the President with the 
 power both to judge and to act in the proper 
 emergency; and that he ha#(vell availed him- 
 self of this power by publishing his procla- 
 mation of September 15, 1863, what follows? 
 Certainly not, that Congress have proclaimed, 
 or authorized him to proclaim martial law; but 
 have, on the other hand, by a controlling im- 
 plication, provided that martial law, so far as 
 the trial of a citizen is concerned, shall not be 
 tolerated; but that such citizen shall, in all 
 cases, when under military arrest, be turned 
 over to the proper civil tribunals-^the circuit 
 or district courts, of the proper district — for 
 trial according to lawj or discharged either 
 
218 
 
 TKBASON TRIALS AT INDIANAPOLIS. 
 
 absolutely or conditionally, if no bill of in- 
 dictment be found against him. And this har- 
 monizes well with what Colonel Scott, in his 
 Military Dictionary, lays down as the conse- 
 quence of a declaration or proclamation of 
 martial law within the United States. He says: 
 "Within the United States, therefore, the ef- 
 fect of a declaration of martial law would not 
 be to subject citizens to trial by .courts-mar- 
 tial; but it would involve afeimply the suspen- 
 sion of the writ of habeas corpus, under the 
 authority given in the second clause of section 
 nine of the Constitution, viz.: 'The privilege 
 of the writ of habeas corpus shall not be sus- 
 pended, .unless when, in case of rebellion or 
 invasion, the public safety may require it.' 
 « » «■ 
 
 "The suspension of this privilege would 
 enable the commander to incarcerate all dan- 
 gerous citizens; but, when brought to trial, 
 the citizen would necessarily come before the 
 ordinary civil courts of the land." Military 
 Dictionary, tit. Martial Law. 
 
 And such would seem to be the opinion of 
 Mr. Attorney General Gushing, who says: 
 
 "I say we are without law on the subject. 
 
 "The Constitution, it is true, empowers 
 Congress to declare war, to raise and support 
 armies, to provide and maintain a navy, to 
 make rules for the government of the land and 
 naval forces, to provide for calling forth the 
 militia to execute the laws of the IJnion, sup- 
 press insurrections and repel invasions, and to 
 provide for organizing arming and disciplin- 
 ing the militia, and for governing such part 
 of them as may be employed in the service of 
 the United States.. But none of these powers 
 has been exerted in the solution of the present 
 question. 
 
 "In the amendments of the Constitution, 
 among the provisions of general right which 
 they contain, are some, the observance of which 
 seems incompatible with the existence of mar- 
 tial law, or, indeed, any other of the supposable, 
 if not necessary incidents of invasion or in- 
 surrection. But these provisions are not 
 sufficiently definite to be of practical appli- 
 cation to the subject-matter. 
 
 "In the Constitution there is one clause of 
 more apparent relevancy, namely, the declar- 
 ation that 'the privilege of the writ of habeas 
 corpus shall not be suspended, unless when, 
 in case of rebellion or invasion, the public 
 safety may require it.' This negation of power 
 follows the enumeration of the powers of Con- 
 gress, but it is general in its terms; it is in 
 the section of things denied, not only to Con- 
 gress, but to the Federal Government as a 
 government, aud4J;o the States. I think it 
 must be considered as a negation reaching all 
 the functionaries, legislative or executive, civil 
 or military, supreme or subordinate, of the 
 Federal Government: that is to say, that there 
 can be no valid suspension of the writ of 
 habeas corpus under the jurisdiction of the 
 United States, unless when the public safety 
 may require it, in cases of rebellion or invasion. 
 And the opinion is expressed by the commen- 
 tators on the Constitution, that the right to 
 suspend the writ of habeas corpus, and also that 
 of judging when the exigency has arisen, be- 
 
 long exclusively to Congress." Story's Comm., 
 ?1342; 1 Tucker's Blackstone, ^.1^2. 
 
 "In this particular, as in many others, the 
 Constitution has provided for a secondary in- 
 cident, or a single fact, without providing for 
 the- substance, or for the general fact; just as 
 when it gives power to establish post-roads, 
 but says nothing of the transportation of the 
 mails.^ It does not say that martial law shall 
 not exist, unless when the public safety may 
 require it, in case of insurrection or invasion; 
 but only that the writ of Jiabias corptis shall 
 notbesuspended, except in such circumstances.^ 
 But, if the emergency of insurrection or in- 
 vasion, involving the public safety, be requi- 
 site to justify the suspension of the writ of 
 habeas corpus, surely that emergency must be 
 not the less an essential prerequisite of the 
 proclamation of martial law, and of its consti- 
 tutional existence. 
 
 "We have in Great Britain several recent 
 examples of acts to give constitutional- exis- 
 tence to the fact of martial law. One is the 
 act of Parliament of the 3 and 4 Geo. 4, ch. 4, 
 designed for the more effectual suppression of 
 local disturbances in Ireland. Another act of 
 that same nature, that of 57 Geo. 3, ch. 3, was 
 for the case of apprehended insurrection 'in 
 the metropolis, and in^ many other parts of 
 Great Britain,' which act was followed the 
 next year by the indemnifying act of 58 Geo. 
 3, ch. 6. These examples show, that, in the 
 opinion of the statesmen of that country, the 
 general fact of the existence of martial law, and 
 its incident, the suspension of the writ of ha- 
 beas corpus, alike require the exercise of the 
 power of the supreme legislative authority. 
 (1 Slacks. Comm., p. 136, Coleridge's note; 
 Bowyer's Const. Law, p. 424). 
 
 "That idea pervades the constitutional or- 
 ganization of the several States of the Union. 
 Thus, in Massachusetts, it is provided that the 
 writ of habeas corpus 'shall not be suspended 
 by the Legislature, except upon the most ur- 
 gent necessity, and pressing occasions, and for 
 a limited time.' In other States, while the 
 exigency for the suspension of the writ is 
 defined, as in New York, the suspending au- 
 thority is not specified. In others, there is 
 express general provision, as to the suspension 
 of laws, without specifying this writ — the 
 general power of suspension being confided to 
 the legislature, as in Maryland, Virginia and 
 Tennessee. The State of Pennsylvania has 
 both provisions in its constitution. And it 
 may be assumed, as a general doctrine of con- 
 stitutional jurisprudence in all the United 
 States, that tlie power to suspend laws, whether 
 those granting the writ of habeas corpus, or any 
 other, is vested exclusively in the legislature of the 
 particular State. 
 
 "How intimate the relation is, or may be, 
 between the proclamation of martial law and 
 the suspension of the writ of habeas corpus, is 
 evinced by the particular facts of the case be- 
 fore me — it appearing, as well by the report 
 of the Governor as by that of Chief Justice 
 Lander, that the very object for which martial 
 law was proclaimed was to prevent the use of 
 the writ in behalf of certain persons held in 
 confinement by'the military authority, on the 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 219 
 
 charge of treasonable intercourse with hostile 
 Indians. That, however, is but one of the 
 consequences of martial law, and by no means 
 the largest or gravest of those consequences, 
 since, according to every definition of martial 
 law, it suspends, for the time being, all the 
 laws of the land, and substitutes in their place 
 no law, that is, the mora will of the military 
 commander. 
 
 "There may undoubtedly be, and have been, 
 emergencies of necessity, capable of them- 
 selves to produce, and, therefore, to justify 
 such suspension of law; and involving, for 
 the time, the omnipotence of military power. 
 But such a necessity is not in tlie range of 
 mere legal questions. When martial law is 
 proclaimed, under circumstances of assumed 
 necessity, the proclamation must be regarded as the 
 statement of an existing fact, rather than the legal 
 creation of that fact. In a beleaguered city, for 
 instance, the state of siege lawfully exists, 
 because the city is beleaguered; and the proc- 
 lamation of martial law, in such case, is but 
 notice, and authentication of a fact, that civil 
 authority has become suspended, of itself, by 
 force of circumstances; and that, by the same 
 force of circumstances, the military power has 
 had devolved upon it, without having author- 
 itatively assumed, the supreme control of af- 
 fairs, in the care of the public safety and con- 
 servation. Such, it would seem, is the true 
 explanation of the proclamation oi mtartial law 
 at New Orleans by General Jackson." 8 
 Opinions Attys Gens, of U. S., supra. 
 
 Now, this whole opinion establishes, I think, 
 beyond successful controversy, three points, 
 namely: 
 
 1. That an act of Congress is necessary to a 
 suspension of i\i.& -wvitoi habeas corpus j 
 
 2. That the suspension of that writ is em- 
 braced in a proclamation of martial law as one 
 of the incidents thereof; and, 
 
 3. That, afortiori,an act of Congress isneccs- 
 sary to authorize a proclamation of martial law. 
 
 We are thus, again, on solid footing; for, in 
 all cases where a proclamation of martial law is 
 necessarj'. Congress must act^ — must authorize 
 it before it can properly issue. Hence, mar- 
 tial law can only be declared by act of Con- 
 gress directly; or by act of Congress con- 
 ferring authority on some other department or 
 officer of the Government to make such proc- 
 lamation. The measure, in either case, must 
 proceed from Congress. 
 
 But a brief examination of the acts of Con- 
 gress, passed since the commencement of the 
 current rebellion, will satisfy you that Con- 
 gress has not interfered in this matter either 
 by direct or indirect means, except as already 
 noticed, to deny any such power to the Presi- 
 dent, or those under him. If, therefore, mar- 
 tial law must, in any case, be brought in by an 
 authoritative declaration, proclamation or 
 other public act, before it can properly exist, 
 then no such declaration or proclamation has 
 yet been made, or act done; and for the best 
 of all possible reasons, namely: Congress has 
 not authorized any such declaration or proc- 
 lamation to be made, or act to be done, and it 
 can not, on our present hypothesis, be done 
 without such authority. 
 
 I believe the Judge Advocate will find it ex- 
 ceedingly difficult to turn to any act of Con- 
 gress conferring any such authority. The act 
 of the 8d of March, 1863, is at war with any 
 such authority ; for why should Congress au- 
 thorize the suspension of the writ of habeas 
 corpus, if they intended to Confer the greater 
 power to declare martial law? Above all, why 
 should they prescribe terms upon which mili- 
 tary prisoners, not of war, should have a trial 
 in the ordinary courts of the land, and, in 
 case of a failure to indict them, should be al- 
 lowed habeas corpus for their discharge ? All 
 this is quite opposed to any disposition, on 
 the part of Congress, to confer any such au- 
 thority; and, indeed, is quite at war with any 
 act done by the President, before the passage 
 of that act, either for the suspension of the 
 writ of liabeas corpus, or the establishment of 
 martial law. 
 
 But, suppose that, although you should hold, 
 as I conceive you must, that the President can 
 not suspend the writ of habeas corpus without 
 an act of Congress authorizing him to do so, 
 you should yet maintain that he can, without 
 any act of Congress, exercise the all-embrac- 
 ing power of establishing martial law all over 
 the country, then the question arises: 
 
 Has he established martial law? 
 
 We have been told that the President estab- 
 lished martial law by his proclamation of Sep- 
 tember 24, 1862, which has been held up here 
 as the solid basis of your authority to sit in 
 judgment on the lives of the citizens of Indi- 
 ana, who are not in the military or naval ser- 
 vice of the United States, and have not been, 
 if ever, for many years. But this proclama- 
 tion is co-extensive with the territories of 
 the United States; and, if in force any-where, 
 it must beevery-where throughout the country. 
 In this view, it is here, and suspends the civil 
 laws and institutions of this State; and of all 
 other States of the Union. Is such a supposi- 
 tion consistent with facts? Can it be recon- 
 ciled with the subsequent action of the Presi- 
 dent himself? It is, on the contrary, di- 
 rectly contradicted by the acts both of Con- 
 gress and the President. Xhus, the act of 
 Congress of March 3, 1863, six months subse- 
 quent to the proclamation, authorizes the Pres- 
 ident to suspend the writ of habeas corpus, but 
 provides for a report of his military prison- 
 ers, not of war, to the proper courts at every 
 term, and for their trial therein if indicted; 
 but, if not indicted, then for their discharge, 
 provided they have been imprisoned twenty 
 days. These provisions are wholly incompat- 
 ible with the force and effect of every part of 
 the proclamation of September 24, 1862; and 
 no less with the notion that martial law had ac- 
 tually been proclaimed and was in force, than 
 with the notion that it should, in the future, 
 be proclaimed, or exist in future in any place 
 where the fact of war had not suspended the 
 civil law, and closed the civil courts. 
 
 Yet what do we find? The President ap- 
 proved this act, and subsequently acted under 
 it as the law of the land; and, of course, as 
 the true exposition of the Constitution in re- 
 spect to his power over the subjects it em- 
 braced. It is a plain expression, on the part 
 
220 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 of Congress and of the President, that the 
 writ of habeas corpus can only be suspended by 
 law; and that imprisonment of citizens by or- 
 der of the President, or his inferiors, shall 
 hereafter have, a limit entirely independent of 
 his will. Every circuit and district court, 
 within its jurisdiction, is to be, under this 
 act, u. jail delivery to the military prisons of all 
 persons, like the defendants, either by trial, 
 or discharge without trial. I may repeat here 
 the rule of interpretation applicable to stat- 
 utes which bring in new remedies, namely: 
 What is affirmed in such acts of one thing, is 
 denied of all others. [Hobart, supra"]. Then, 
 as the civil courts are, by this act, expressly 
 given jurisdiction of these cases, either to 
 try, or, if no indictment be found, to discharge 
 the prisoners, it follows that the jurisdiction 
 of them is denied to military courts or com- 
 missions. 
 
 The President accepted the act of March 3d, 
 1863, as the negative of his proclamation of 
 September 24th, 1862. Otherwise, why did he 
 afterward issue another proclamation to sus- 
 pend the writ of habeas corpus ? If the former 
 proclamation was valid, that writ was already 
 suspended; and his second could add nothing 
 to the force of the first. But the first procla- 
 mation contained a declaration of martial law. 
 Now, if this was valid, it carried along with 
 it, as its inseparable incident, the suspension 
 of the writ of habeas corpus; and, if it is still 
 in force, then the act of Congress authorizing 
 a subsequent suspension thereof, and the proc- 
 lamation to carry the same into effect, issued 
 on the 15th of September, 1863, both proceed 
 on a false basis; for it is taken for granted in 
 both these measures, that the writ of habeas 
 corpus was not, at the date of either of them, 
 suspended, which could not have been the case, 
 had either Congress or the President regarded 
 martial law as then in force ; for martial law, as 
 already defined, always carries with it the 
 suspension of the writ of habeas corpus. In 
 his proclamation of September 15th, ,1863, the 
 President makes no allusion to martial law, 
 manifestly intending to leave it just where the 
 act of Congress^had left it. This silence on 
 the subject in the last proclamation clearly 
 shows that the President, at its date, regarded 
 himself as restrained by the act of Congress 
 to the suspension of the writ of habeas corpus; 
 and did not design to transcend the authority 
 thereof, by a declaration of martial law. 
 
 But there is a still later act of the Presi- 
 dent's, that, in my opinion, utterly overthrows 
 all pretense that martial law is now in force in 
 the State of Indiana. The act to which I refer 
 is the following proclamation: 
 
 "Whereas, By a proclamation which was 
 issued on the 15th day of April, 1861, the 
 President of the United States announced and 
 declared that the laws of the United States 
 had been for some time past, and then were, 
 opposed, and the execution thereof obstructed, 
 in certain States therein mentioned, by com- 
 binations too powerful to be suppressed by the 
 ordinary course of judicial proceedings, or by 
 the powers vested in the marshals by law ; 
 
 "And whereas. Immediately after the issu- 
 ing of the said proclamation, the land and 
 
 naval forces of the United States were put 
 into activity to suppress the said insurrection 
 and rebellion; 
 
 "And whereas. The Congress of the United 
 States, by an act approved on the third day of 
 March, 1863, did enact that during said re- 
 bellion the President of the United States, 
 whenever in his judgment the public safety 
 may require it, is authorized to suspend the 
 privilege of the writ of habeas corpus in any 
 case throughout the United States, or any part 
 thereof; 
 
 "And whereas. The said insurrection and 
 rebellion still continue, endangering the ex- 
 istence of the Constitution and Government 
 of the United States; 
 
 "And whereas. The military forces of the 
 United States are now actively engaged in 
 suppressing the said insurrection and re- 
 bellion in various parts of the States where 
 the said rebellion has been successful in ob- 
 structing the laws and public authorities, 
 especially in the States of Virginia and 
 Georgia ; 
 
 "And whereas. On the 15th day of Sep- 
 tember last, the President of the United States 
 duly issued his proclamation, wherein he 
 declared that the privilege of the writ of 7io- 
 beas corpus should be suspended throughout the 
 United States in the cases where, by the au- 
 thority of the President of the United States, 
 military, naval and civil officers of the United 
 States, or any of them, hold persons under 
 their command or in their custody, either as 
 prisoners of war, spies, or aiders and abettors 
 of the enemy, or officers, soldiers, or seamen, 
 enrolled, or drafted, or mustered, or enlisted 
 in, or belonging to, the land or naval forces 
 of the United States, or as deserters therefrom, 
 or otherwise amenable to military law, or the 
 rules and articles of war, or the rules or reg- 
 ulations prescribed for the military or naval 
 services by authority of the President of the 
 United States, Or for resisting a draft, or for 
 any other oflfense against the military or naval 
 service; 
 
 "And whereas. Many citizens of the State 
 ofKentucky have joined the forces of the insur- 
 gents, and such insurgents have, on several 
 occasions, entered the said State of Kentucky 
 in large force, and not without aid and com- 
 fort furnished by disaffected and disloyal 
 citizens of the United States residing therein, 
 have not only greatly disturbed the public 
 peace, but have overborne the civil authorities 
 and made flagrant civil war, destroying prop- 
 erty and life in various parts of that State; 
 
 "And whereas. It has been made known to 
 the President of the United States by the of- 
 ficers commanding the national armies, that 
 combinations have been formed in the State 
 of Kentucky with a purpose of inciting rebel 
 forces to renew the said operations of civil 
 war within the said State, and thereby to em- 
 barrass the United States armies now operat- 
 ing in the said States of Virginia and Georgia, 
 and even to endanger their safety ; 
 
 " Now, therefore, I, Abraham Lincoln, Pres- 
 ident of the United States, by virtue of the 
 authority vested in me by the Constitution and 
 laws, do hereby declare that, in my judgment, 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 221 
 
 the public safety especially requires that the 
 suspension of the writ of habeaa corpus, so 
 proclaimed in the said proclamation of the 
 15th of September, 1863, be made effectual and 
 be duly enforced in and tliroughout the said 
 State of Kentucky, and that martial law be for the 
 present established therein. I do, tlierefore, hereby 
 require of the military officers in the said State 
 that the privileges of the writ of habeas corpus be 
 effectually suspended within the said State, 
 according to the aforesaid proclamation, and 
 thai martial law be established therein, to take ef- 
 fect from the date of this proclamation, the said 
 suspension and establishment of martial law to con- 
 tinue until this proclamation shall be revoked or 
 modified, but not beyond the period when the 
 said rebellion shall have been suppressed or 
 come to an end. And 1 do hereby require and 
 command, as well all military officers as all 
 civil officers and authorities existing or found 
 within the said State of Kentucky, to take 
 notice of this proclamation, and to give full 
 effect to the same. 
 
 "The martial law herein proclaimed, and the 
 things in that respect herein ordered, will not 
 be deemed or taken to interfere with the 
 holding of lawful elections, or with the pro- 
 ceedings of the constitutional Legislature of 
 Kentucky, or with the administration of jus- 
 tice in the courts of law existing therein, be- 
 tween citizens of the United States in suits or 
 proceedings which do not affect the military 
 operations or the constituted authorities of the 
 Government of the United States. 
 
 "In testimony whereof, I have hereunto set 
 my hand, and caused the seal of the United 
 States to be affixed. 
 
 "Done in the City of Washington, this fifth 
 day of July, in the year of our 
 
 [l. s. ] Lord one thousand eight hundred 
 and sixty-four, and of the Inde- 
 pendence of the United States the eighty- 
 ninth. ABRAHAM LINCOLN. 
 
 "By the President: 
 
 "William H. Seward, Secretary of State.'' 
 
 Now, I respectfully submit: Why should 
 the President deem it necessary to proclaim 
 martial law in Kentucky, if martial law was al- 
 ready in force by a standing valid proclama- 
 tion, not only in that State, but all over the 
 Union? The question crushes the supposition. 
 But the recitals.of the last proclamation are 
 equally destructive of it; and the special terms 
 of the declaratory portion of the instrument 
 go to the same end. Thus, it is declared that 
 "jnariiffiZ law be, for the present, established 
 therein " — that is, in the State of Kentucky. 
 But, according to the theory of the Judge Ad- 
 vocate, martial law had already been estab- 
 lished therein two years almost, prior to this 
 proclamation; and in every other State of the 
 Union. The President goes still further to 
 overthrow the theory on which alone you can 
 entertain jurisdiction of this cause; for he 
 says, that the martial law "established" in 
 Kentucky, by that proclamation, shall " take 
 effect from the date" thereof, namely : the 5th 
 of July, 1864. What nonsense is this procla- 
 mation if the Judge Advocate is right in his 
 assumption, that the proclamation of Septem- 
 ber 24th, 1862, had already established martial 
 
 law throughout the Union? If the President, 
 on the other hand, is right, what nonsense is 
 the assumption, that martial law is in force in 
 this State? The President had reasons for 
 his discrimination against Kentucky; for ho 
 recites them. But it is quite unnecessary to 
 go into them. That he did discriminate against 
 her, is enough to answer my purpose; and to 
 place Indiana before you in a different condi- 
 tion from that which she occupies in relation 
 to martial law. Indiana is not yet touched 
 with the curse of martial law. Kentucky is. 
 I recur to the old rule of construction, and 
 ask you to apply it to this proclamation. The 
 expression of one excludes the rest — of Kentucky, 
 Indiana. 
 
 Then, there is no existence of martial law in 
 Indiana ; for I will not enter again upon the 
 question, whether the order convening this 
 Commission, and the other ordering the ac- 
 cused before it for trial, establish martial law. 
 It was not convened until these men were im- 
 prisoned for the offenses for which they are 
 now on trial. These offenses must, of course, 
 have been committed, if ever, before they were 
 arrested. Then, on this hypothesis, you are 
 convened to try them for offenses against mar- 
 tial law, which had not been proclaimed, and 
 did not exist until after their arrest I 
 
 Suppose, however, that there has, at any 
 time, existed an intention, on the part of the 
 President, or of the General commanding this 
 district, to declare martial law, what have they, 
 or either of them, done, to give vitality to 
 such intention, or to establish it as a practical 
 measure of public administration? What 
 rules have they laid down to govern your ac- 
 tion in its application? What crimes have 
 they said shall be punished by it? And how 
 shall they be punished? 
 
 No general in the world in the present age, 
 or, indeed, in any age, since the dawn of civ- 
 ilization, has ever yet thought of establishing 
 a martial law, the penalties whereof should be 
 confined to his own breast, and that of his 
 judges, until the moment they should fall with 
 ruin and destruction upon its miserable sub- 
 jects. God forbid that we should live to see 
 such a system put into operation here I All 
 writers on the subject agree that there must 
 always be some notification of what the com- 
 manding general intends may be done, and 
 what not done, by the people under his sway, 
 when he proclaims martial law. But has any 
 such notification gone before these proceed- 
 ings? Truly, I should like to know where we 
 are, and what we are about. Who has de- 
 fined the offenses you are to punish? What 
 is to be the rule and measure of your punish- 
 ments ? You are to select, I suppose, defini- 
 tions and penalties at pleasure, from the 
 boundless range of unlimited power; for, if 
 martial law has been proclaimed, and is in force, 
 all the laws of the land are suspended as to 
 the accused, and to you, and to all. You are 
 under no obligation to go to them, either for 
 definitions or penalties, unless they have been 
 adopted by the military power. But that power 
 has adopted nothing, ordained nothing, defined 
 nothing ; in a word, has given us no definitions 
 of offenses, and no measures of punishment. 
 
222 
 
 TREASON TKIAL8 AT INDIANAPOLIS. 
 
 It was not thus that Wellington adminis- 
 tered martial law; for he declares that the com- 
 manding general is — mark the words — "bound 
 to lay down distinctly the rules, and regulations, 
 and limits, according to which his will" — 
 which is martial law — "is to be carried out." 
 Sough's Precedents in Mil. Law, p. 514. 
 
 And BO our own illustrious military chief- 
 tain, Lieutenant General Scott, when he pro- 
 claimed martial law in Mexico, and enforced it, 
 prescribed rules for its administration. Let 
 me show you how he proceeded in the matter. 
 He did not surprise the people of Mexico, 
 though they were aliens and enemies, by an- 
 nouncing the advent of martial law, in the first 
 instance, by arrests and trials. On the con- 
 trary, he published a general order, in which, 
 among other things, he said : 
 
 "1. It is still to be apprehended that many 
 grave offenses not provided for in the act of 
 Congress 'establishing rules and articles for 
 the government of the armies of the United 
 States,' approved April 10, 1806, may be again 
 committed — ^by, or upon, individuals of those 
 armies, in Mexico, pending the existing war 
 between the two republics. Allusion is here 
 made to offenses, any one of which, if com- 
 mitted within the United States or their or- 
 ganized Territories, would, of course, be tried 
 and severely punished by the ordinary civil 
 courts of the land. 
 
 "2. Assassination, murder, poisoning, rape, 
 or the attempt to commit either; malicious 
 stabbing or maiming; malicious assault and 
 battery; robbery; theft; the wanton desecra- 
 tion of churches, cemeteries, or other religious 
 edifices and fixtures ; the interruption of re- 
 ligious ceremonies; and the destruction, except 
 by order of a superior officer, of public or 
 private property, are such offenses." 
 
 Then, after going on and reciting the absence 
 of any provision for the government of an 
 army and people situated, as were the army 
 of the United States and the people of Mexico, 
 to each other, in our military code; and the 
 necessity of such provision, and that it was 
 found in martial law as a matter of necessity, 
 he proceeded to order: 
 
 "8. From the same supreme necessity mar- 
 tial law is hereby declared as a supplementary 
 code, in and about all cities, towns, camps, 
 posts, hospitals, and other places, which may 
 be occupied by any part of the forces of the 
 United States in Mexico, and in and about all 
 columns, escorts, convoys, guards and detach- 
 ments of the said forces, while engaged in 
 prosecuting the existing war in and against 
 the said republic, and while remaining within 
 the same. 
 
 "9. Accordingly, every crime enumerated 
 in paragraph No. 2 above, whether committed — 
 1. By an inhabitant of Mexico, sojourner or 
 traveler therein, upon the person or prop- 
 erty of any individual of the United States 
 forces, retainer, or follower of the same. 2. 
 By any individual of the said forces, retainer 
 or follower of the same, upon the person or 
 property of any inhabitant of Mexico, so- 
 journer or traveler therein; or, 3. By any 
 individual of the said forces, retainer or fol- 
 lower of the same, upon the person or prop- 
 
 erty of any other individual of the said forces, 
 retainer or follower of the same, shall bo 
 duly tried and punished under the said sup- 
 plementary code. 
 
 "10. For this purpose, it is ordered that all 
 offenders in the matters aforesaid shall be 
 promptly seized, confined, and reported for 
 trial, before military commissions, to be duly ap- 
 pointed, as follows: 
 
 "11. Every military commission, under this 
 order, will be appointed, governed and lim- 
 ited, as nearly as practicable, as prescribed 
 by the 65th, 66th, 67th and 97th of the said 
 Rules and Articles of War, and the proceed- 
 ings of such commissions will be duly recorded 
 in writing, reviewed, revised, disapproved or 
 approved, and the sentences executed; all, as 
 near as may be, as in the cases of the proceed- 
 ings and sentences of courts-martial; pro- 
 vided, that no military commission shall try 
 any case clearly cognizable by any courts- 
 martial; and provided, also, that no sentence 
 of a military commission shall be put in ex- 
 ecution against any individual belonging to 
 this army, which may not be, according to the 
 nature and degree of the offense, as estab- 
 lished by evidence, in conformity with known 
 punishments, in like cases, in some one of the 
 States of the United States of America." 
 
 The order covers many more topics, and 
 presents a concise but masterly system for 
 the administration of martial law, well worthy 
 of the consideration of those who may be 
 placed under a similar necessity to that which" 
 called it forth. It is manifestly the same 
 which, nearly a year before its date, had been 
 presented to the Secretary of War, and which, 
 for some reason or other, that functionary had 
 rejected, as I have already shown. The whole 
 order will be found in Scott's Mil. Die, art. 
 Martial Law, p. 382. 
 
 Now, this order made all plain both for the 
 army and the people; and, indeed, for the 
 cohimissions sitting under it. There was cer- 
 tainty as to the crimes punishable ; and, as 
 far as practicable, as to the penalties to be in- 
 flicted. There could be no great surprises in 
 either. But how is it here, to-day? Are we 
 not left quite out at sea? And are we not thus 
 left without compass, or chart, or guiding star ? 
 If such things be permitted, where will they 
 end? I will not pause to picture the wreck that 
 surely awaits us, if we allow ourselves thus to 
 drift on, over the pathless ocean that lies before 
 us. I have no heart to think of it. 
 
 Tou will not, therefore, entertain jurisdic- 
 tion of this cause. I am sure you will not; 
 for I can not see where such jurisdiction can 
 begin, on what principles it can rest, or how it 
 can be justified. You will not, I beg leave to 
 repeat, entertain jurisdiction, because^^ 
 
 1. Such a jurisdiction is at war with the 
 principles of constitutional liberty as derived 
 by us from Great Britain, and embodied in the 
 Federal Constitution; 
 
 2. Such a jurisdiction is at war with all the 
 liberal principles of the good old laws of 
 Father-land, which our ancestors brought 
 over with them, as their best birthright, to the 
 wilds of America; 
 
 3. Such a jurisdiction is at war with all the 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 223 
 
 inspiring facts of our early history ; and ren- 
 ders worse than useless the noble examples of 
 the men of 1776; 
 
 4. Such a jurisdiction is at war with the 
 very nature of a limited constitutional gov- 
 ernment; and strikes it dead as soon as wo 
 permit it to cross our national threshold; 
 
 5. Such a jurisdiction nullities the acts of 
 Congress as well as the Constitution; 
 
 6. Such a jurisdiction, in Indiana, is at war 
 with the proclamations of the President; and 
 would make him the author of the most ab- 
 surd and monstrous folly, as well as of the 
 grossest injustice; 
 
 7. Such a jurisdiction outrages the facts of 
 our condition — our courts, both Federal and 
 State, being open — and the laws of the land 
 having therein free course and full power. 
 
 In order to sustain such a jurisdiction, you 
 must take the responsibility; for the General 
 commanding has issued no order taking it 
 upon himself; and the President is still more 
 distant and disinclined to assume it. Why 
 should you volunteer to do this thing? And 
 why should you now take a step that may, in 
 the future, be referred to as a precedent for 
 the abolition of our liberties 7 
 
 Under the administration of good honest 
 men, almost any thing evil, in the way of pre- 
 cedent, may remain harmless. They will not 
 use it; or, if they do, suffer it to die with the 
 evil exigency that called it forth. But if you 
 now go on with this business, may there not 
 come a time when the land shall mourn for its 
 lost freedom — lost through the evil example 
 of this hour? Then shall our children curse 
 the evil day in which the bad precedent — a 
 fatal departure from law and right — was left 
 by us for their ruin. 
 
 Mr. President and gentlemen, I have done. 
 I know you have each defended our common 
 country in the field; and, had it been your lot, 
 would have cheerfully and nobly died to pre- 
 serve its Liberty and Constitution from over- 
 throw or harm. To-day, you have a greater 
 duty to perform — a far more difficult one also. 
 Perform it according to the Constitution and 
 laws — according to justice and good con- 
 science, as I trust you will, and posterity, 
 more indebted to this day's work than to all the 
 military achievements of the war in which 
 we are now engaged, will rise up and call you 
 blessed. 
 
ARGUMENT OF M. M. RAY, ESQ. 
 
 ilr. President and Oenilemen of the Commission : 
 
 la discharging this last delicate and re- 
 sponsible duty to clients, I avail myself of 
 the occasion to tender my acknowledgment 
 to the Court and the Judge Advocate for the 
 courtesy and kindness toward myself and 
 clients, which we have uniformly enjoyed at 
 your hands, during these long and otherwise 
 painful trials. From day to day I have met 
 the Court with increased pleasure, and have 
 only to regret that our mutual duties may end 
 with the crisis in the fate of each defendant, 
 which will precipitate him into woe and mise- 
 ry, or send him forth to the world again, "re- 
 deemed, regenerated, and disinthralled." It 
 is proper, too, that I should say to the Court, 
 to my associate counsel, and to our clients, 
 that the exhaustive discussion of the question 
 of jurisdiction committed to the hands of our 
 Brother Gordon, leaves nothing for me to say 
 upon that subject. Learning and labor in his 
 hands have achieved a splendid triumph. It 
 is also due that I should say to Brother Cof- 
 froth, that I am indebted to him for the very 
 forcible and learned argument with which he 
 has favored us on certain points which, for 
 that reason, I fail to notice, and I here apprise 
 him and the Court, that I appropriate his 
 learning and his logic, on these points, to the 
 benefit of Mr. Humphreys and Colonel Bowles, 
 when they are applicable. The question of 
 jurisdiction is of common interest to all the 
 accused. The question whether the secret 
 order is, per se, a conspiracy, is likewise of 
 common interest, but of greater interest to 
 some than to others. I will consider it at 
 some length. The charges and specifications 
 are of common interest also, and I will briefly 
 consider them. The evidence being individual, 
 in the main, I shall only consider it in its re- 
 lations to Mr. Humphreys and Colonel Bowles. 
 But in all that I may say upon the charges and 
 specifications, it must be understood, that only 
 two of the charges are embraced in the terms 
 of the President's Proclamation, declaring mar- 
 tial law — upon which alone the Judge Advo- 
 cate predicates the jurisdiction of this Court. 
 If, then, this Court only has jurisdiction to 
 try civilians by virtue of the existence of 
 martial law, established by that proclama- 
 tion, and that proclamation enumerates only 
 two offenses, subject to trial by military com- 
 mission, I might, it seems to me, safely leave 
 the other three charges, with all the evidence 
 touching them, to the candor of the Judge 
 Advocate, for dismissal. The two offenses 
 covered by the proclamation, are — 1st. Incit- 
 ing insurrection. 2d. Giving aid and comfort 
 to rebels. These, according to the proclama- 
 tion, may be tried by military commission, 
 and none others. 
 
 Whatever may be the fate of the two unfor- ■ 
 tunate gentlemen, for whom I shall speak, I 
 sha.ll utter no word whose literal meaning, 
 even, on the one hand, would tend to subvert 
 the fabric of Government, nor on the other to 
 sanction the slavish abandonment of the priv- 
 ileges of free, legal controversy. Every word 
 that I shall utter, shall commend the Consti- 
 tution and Laws of my country to the rever- 
 ence and obedience, not only of this tribunal, 
 but of all my misguided countrymen, whose 
 credulity, fears and passions have placed 
 them in a false position toward that Govern- 
 ment, whose existence has been so causelessly 
 imperiled by the conspiracies of traitors, and 
 the storms of civil war. A gigantic civil war 
 rages in our once proud and happy land — 
 great armies are raised, organized, fight, and 
 perish, to maintain the great political neces- 
 sity of one flag and one nationality — and 
 whoever strikes an open blow for the rebel- 
 lion in the South, or a secret one in the North, 
 is an enemy of his country, in whom patriot- 
 ism is dead, and is liable to be crushed by the 
 iron hand of that Government, whose cause he 
 has betrayed, and whose allegiance he has 
 forsworn. The Northern people have risen 
 to a sublime elevation of patriotism, and have 
 declared that this Government, in its whole 
 territorial jurisdiction and integrity, shall 
 stand, and have pledged and dedicated the 
 resources of the nation to the sacred work — 
 all secret organizations have crumbled, and 
 all factious opposition has fallen, and a united 
 North will spring frbm the field of the late 
 political confiict. All political rancor — all 
 partisan clamor— all jealous intolerance of 
 opinion — all governmental proscription for 
 past differences, should cease. 
 
 While it may be true, in a very general 
 sense, as has often been sa\d, that, in refer- 
 ence to the struggle between the Government 
 and the Rebellion, the people are all patriots 
 or all traitors — yet in an exact, literal, and 
 definite sense, it is wholly deceptive, delu- 
 sive and false — an ad captandum proposition, 
 adapted to the loose purposes of politics, but 
 dangerous and inadmissible for all judicial 
 purposes. Honest differences of opinion, 
 based on high and unselfish considerations of 
 the public weal, furnish no grounds for such 
 a classification of our citizens. Whoever 
 assumes to himself, or to his class, all the pat- 
 riotism and loyalty of the country on no bet- 
 ter grounds than some abstract theories of 
 politics, is a sad victim of self-delusion ; and 
 whoever pronounces the guilt of a political 
 opponent on such grounds, wanders in the 
 maze and twilight of lost principles and for- 
 saken landmarks. 
 
 In addressing myself, therefore, to gentle- 
 
 224 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 225 
 
 men who are not only jealous of their per- 
 sonal honor and judicial rectitude, but the 
 sworn champions of the National cause, and 
 zealous for the perpetuity of the GoTernmcnt, 
 I feel all the more confident in urging certain 
 great principles of English and American jur- 
 isprudence, not only essential to the safety of 
 our clients, but absolutely necessary to the 
 establishment and exist-cnce of that Govern- 
 ment whose integrity they are accused of 
 haying conspired against. 
 
 Before attempting to analyze the testimony, 
 I beg permission to offer some observations on 
 the character and essential nature of this 
 secret organization, called the "American 
 Knights," or " Sons of Libertj-." I am per- 
 suaded that most of the points that I shall see 
 proper to make have not escaped, in the pro- 
 gress of the cause, the scrutiny of any mem- 
 ber of this Court. What is the original, true 
 character of the order, as fixed by the printed 
 work of the order, and as understood by the 
 honest masses of its members, when divested 
 of all extraneous and local absurdities with 
 which ignorance and passion have invested it 
 on the one hand, and of the meditated crimes 
 with which ambition and disloyalty in a few 
 military leaders have blasted it on the other? 
 After the question of jurisdiction, there is no 
 other of' such special gravity, because upon 
 its solution may depend the guilt or innocence 
 of several defendants. Although the first 
 charge of the accusation against all the de- 
 fendants is based on the assumption that the 
 order is, ^er se, a conspiracy, yet if there were 
 nothing but the written work of the order, 
 which is fully before the Court, and the un- 
 derstanding of the purposes and objects of the 
 order by its members — I hazard nothing in 
 saying to this Court, that the charges would 
 fall. Or to put the question in a more strik- 
 ing shape, permit me to ask, whether an order, 
 innocent at first blush, and into which a half 
 million of men h.ave innocently gone, and 
 from whom all knowledge of an evil purpose 
 is studiously withheld, and confined to the 
 breasts of the few, can be a treasonable con- 
 spiracy as to any but the guilty few? The 
 intelligence of the whole world will answer 
 no ! So must this Court, in justice to itself. I 
 do not speak of the mummery of its inductions, 
 the blasphemy of its invocations, nor the 
 solemn mockery of its charges, but of the 
 obligations assumed by its initiates, and the 
 lessons in the three Temple Degrees. It is 
 with u-nwavering confidence that I invite the 
 scrutiny of each member of this Court to the 
 obligations and the lessons of the order in In- 
 diana, as found in the printed works adduced 
 by the Government and now before the Court. 
 I appeal from that prematufe judgment of a 
 partisan press, fulminated in the blindness 
 and fury of a political campaign, to the calm, 
 unimpassioned judgment of honorable, dis- 
 criminating and critical minds — nay, I might 
 even appeal to the ignorance and prejudice of 
 zealots and fanatics for a triumphant vindica- 
 tion of the printed obligations and lessons of 
 this order, from all charges of conspiracy, dis- 
 loyalty, or treason — and as I challenge English 
 and American judicial history, civil and mill- 
 15 
 
 tary, barbarous and civilized, for a precedent 
 to justify such a forced, unnatural interpreta- 
 tion, to make constructive conspiracy and 
 treason from a printed work which inculcates 
 nothing worse than bad politics — as I clial- 
 lenge the liberal and enlightened spirit of this 
 age of toleration in politics and religion, to 
 find cause of treasonable accusation against 
 these defendants, in the rituals and printed 
 work of the order, without a shameless aban- 
 donment of the cause of free thought, speech, 
 and press, and a return to a gloomy and fero- 
 cious period, when to hate was to accuse, and 
 to accuse was to convict — so I challenge tho 
 judicial records of our own wise and benefi- 
 cent Government, whose tribunals administer 
 her laws according to established rules and 
 forms, and in the spirit of magnanimity, 
 mercy, and justice, to furnish an example of 
 such obligations, such lessons, and such u, 
 secret association being held, ^er«e, a treason- 
 able conspiracy. The Vestibule, or Neophyte 
 lessons and obligations avow nothing but the 
 most common-place platitudes, in morals and 
 politics, while the obligations and lessons of 
 the Temple Degrees are but an embodiment 
 and amplification of the Virginia and Ken- 
 tucky Resolutions of 1798-'9, to which the 
 Democratic statesmen and masses have been 
 committed by periodical conventions, from tho 
 days of Jefferson and'Madison to the present 
 hour — all parties, in fact, have at times sub- 
 scribed to the orthodoxy of these Resolutions, 
 with qualifications of interpretation. What 
 is the true interpretation of these Resolutions 
 can not be gathered from the repositories of 
 angry debate, but is now undergoing a bloody 
 and final solution by the arbitrament of the 
 sword. I have no hesitation in saying that 
 the construction of these Resolutions, M-hich 
 is apparently maintained by the order, is 
 erroneous and miechievous, and that it has 
 been in the baleful light of a less equivocal 
 construction, that Southern aristocracy and 
 Southern ambition have traveled, by a few 
 short steps, from the base of a mere logical 
 abstraction to a practical assertion of peacea- 
 ble State secession, and finally to an armed 
 struggle for Confederate independence and 
 the overthrow of Federal authority, and pos- 
 sibly the overthrow of Republican liberty 
 itself. With these fruits before me, I can not 
 ask this Court to indorse State sovereignty 
 in the sense of this mischievous interpreta- 
 tion — but I do for myself entreat, and for my 
 clients demand of the Court, that they shall 
 not be adjudged conspirators and traitors 
 for holding an admitted abstract heresy in 
 religion, politics, or constitutional law, be- 
 cause the precedent would be more perni- 
 cious and dangerous than the heresy — for the 
 standard of orthodoxy and the oracles of 
 death, which revolution throws into the places 
 of power to-day,' may tremble and quiver ns 
 the reed, and be washed away along with tlieir 
 red calendar of doomed victims, by the rovn. 
 lutionary move of to-morrow. AVhat I ask, 
 in a word, is, that these defendants shall 
 .not bo hunted as felons for pledging their 
 faith to abstract doctrines, which, for sev- 
 enty-five years, have furnished the press, tho 
 
226 
 
 TREASON TRIALS ,AT INDIANAPOLIS. 
 
 legislative halls, the court, the colleges, the 
 pulpits, with a profound theme of legitimate 
 debate. It never has been, and never can be, 
 the subject of governmental interference this 
 side of the point where absolutism begins and 
 liberty ends. This Court will not forget that 
 the National Democratic Convention that con- 
 vened in Cincinnati, in 1856, indorsed as a 
 cardinal, article of their creed the Resolutions 
 of 1798-9 — but, in that undefined sense which 
 committed the party to no given construc- 
 tion — still I never heard that the party was 
 thereby committed to the cause of treason and 
 rebellion. Some years ago, the advocates of 
 State rights, in the worst sense of these Reso- 
 lutions, held State rights conventions at 
 Nashville and Charleston — the country was 
 generally shocked at the sentiments they 
 uttered, but they were not met by indictment, 
 but by argument and rebuke. Startling 
 utterances came from the Buffalo, Cleveland, 
 and Boston convocations of anti-slavery 
 Radicals — they were not answered by arrest, 
 nor punished by bastiles. Societies were 
 formed to promote the growth and dissemina- 
 tion of what conservatism pronounced rank 
 heresy, fraught with discord and death; yet 
 these agitators were never supposed to be 
 amenable to the law of conspiracy and trea- 
 son. But one political revolution after 
 another has sanctified their doctrines, and 
 their advocates now hold the power, dispense 
 the honors, and move the armies of this great, 
 but distracted country. Once their princi- 
 ples were condemned, but not contraband — 
 they were proscribed, but not prosecuted. 
 Give these defendants the benefit of the inher- 
 ent, inalienable Anglo-American privilege of 
 entertaining and promulgating odious doc- 
 trines at war with the supposed highest inter- 
 ests of the Church and State — let ijiem enter- 
 tain in secret, or- proclaim in public, the Reso- 
 lutions of 1798-9, and they will not be guilty 
 of any crime, however you may differ with 
 them on the doctrinal question, as I freely 
 confess that I do. 
 
 This brings me to propound this question: 
 whether, if the revelations published by Gen- 
 eral Carrington in a, newspaper, last summer, 
 constituted the sum of knowledge of this order, 
 and none of the aims, plots, schemes and con- 
 spiracies with which the evidence connects 
 Dodd and others, had been divulged — whether, 
 I say, there is a member of this Court — 
 whether the Judge Advocate would have sup- 
 posed any conspiracy or treason lurked in 
 the printed work of the order? The sponta- 
 neous answer to this question that rises to 
 every tongue, sweeps away every vestige of 
 accusation based on the theory that this order 
 is, per se, a conspiracy. There are several le- 
 gal consequences hinging on the solution of 
 this question. If the order is a conspiracy 
 per se, then not only the defendants, but all the 
 members, from Mr. Vallandigham down, are 
 conspirators, and each is affected by, and re- 
 sponsible for, every act and declaration of the 
 other done in furtherance of the common de- 
 sign — for this is the law of conspiracy. Now, 
 what is the "common design" of the order? 
 Whether we go to the written work of the or- 
 
 der, or to the teachings and understanding of 
 its members, we find the " common design '{ 
 to be principally the success of the Demo- 
 cratic party, or at least the overthrow of the 
 party in power, through the instrumentality 
 of the ballot-box, and dontingently to defend 
 that ballot-box, and ptiblic and personal lib- 
 erty from assault. No other purpose than to 
 make a doctrinal issue with the party in 
 power, is patent upon the face of the written 
 work of the order; and no other purpose 
 than to defend the ballot-box, and to shield 
 and protect personal and public liberty, can 
 be deduced from the reliable evidence in this 
 case, and that, too, as a measure of defense 
 against the supposed designs of another se- 
 cret order, known as the "Loyal League," 
 which was supposed to entcjrtain views and 
 purposes inimical to the general freedom of 
 speech, press, and ballot. I can not conceive 
 of any legitimate line of defense of either of 
 these orders. Without approving or apolo- 
 gizing for either of them, I can readily see, 
 and frankly admit, how a fanatical credulity, 
 hightened by ignorant agitators and cunning 
 impostors, can believe foul schemes of each 
 other, and rush into these dens of political 
 leprosy for mutual protection, and arm them- 
 selves against the phantoms of their own de- 
 luded imaginations. Yet the masses of both 
 of these orders are law-abiding and patriotic, 
 but open to the designs of wicked and ambi- 
 tious men. If you will go to the rebel districts, 
 you will find Free Masons and Odd Fellows 
 among the chief conspirators that put this 
 rebellion on foot, yet you can not arraign 
 those orders in the North as disloyal and 
 treasonable, because a large number of them 
 raised the arm of rebellion against the Gov- 
 ernment. I regard it as one of the most 
 melancholy marks of the disease of the times, 
 that so many, otherwise estimable and sensible 
 men, should voluntarily seek so miserable a 
 refuge as the "Sons of Liberty," as a fortress 
 for offensive or defensive purposes — since, 
 born of delusion, it could only end in defeat, 
 ignominy and shame; and whilst its ruin is 
 hailed with general satisfaction, neither the 
 bitterest sneers that can be uttered against its 
 blackened memory, nor the most obsequious 
 homage that adulation can pay to power, 
 can convei-t -its faults and its follies into 
 crimes. It seems to me if the Judge Advocate 
 had any confidence in the order being treas- 
 onable per se, he would not have procured the 
 additional evidence of extrinsic facts, at the 
 price of the liberation of Harrison, Bingham, 
 Heffren and Wilson. The truth is, the com- 
 mon intelligence of the country revolt at the 
 assumption that the members of this order are 
 all traitors. The traitors in this order were 
 embraced in a very small compass, and it is a 
 noteworthy fact, that the villainous scheme 
 of the few was first challenged, denounced and 
 crushed by third degi'ec members of the or- 
 der; whilst the Stidgers, under the auspices 
 of the Government oflicials, were extending 
 the order, and urging treason to its culmina- 
 tion. The fact that a half dozen, or a dozen, 
 restless and corrupt leaders of this order, con- 
 ceived a wicked and treasonable plot, no more 
 
TREASON TRIALS AT INDIANArOLIS. 
 
 227 
 
 implicates the order than if such leaders had 
 robbed a bank or burnt a church. All who 
 participate in the robbery or arson are guilty, 
 and if perpetrated in pursuance of a common 
 design, the acts and declarations of each are 
 good against the others, if charged with con- 
 spiracy, but to charge the whole order with 
 what one or more said and did, in regard to 
 the robbery or arson, would be a monstrous, 
 perversion" of, and a lasting reproach to, the 
 law, and the shadow of a military commis- 
 sion would become a frightful specter at ev- 
 ery iireside in the land. By this illustration, 
 I aim to demonstrate tlie obvious distinction 
 and difference between conspiracy and treason 
 by relation and construction, and that which 
 is brought home to a party by proof of guilty 
 knowledge, and actual participation. I shall 
 not nicely discriminate the various shades of 
 guilt or innocence, which might attach to 
 membership in each degree of this order, for 
 in the abstr.ict theory of a conspiracy per se, 
 the mystified, unsophisticated neophyte is, by 
 construction, as guilty as the chief culprit, 
 who bought arms to levy war; who received 
 the gold of the enemy, to lavish in the worli 
 of hostility to the Government; or who en- 
 tered into schemes with wicked, malignant and 
 rapacious men, to plot against the Government, 
 and to deliver up to the devouring flames of 
 civil war the peace, the property, the liberties, 
 and the lives of a betrayed people. No one 
 with his moral and natural sense not wholly 
 blunted by long indulgence in the gluttonous 
 demands of a partisan appetite, can accept 
 the doctrine. I confess that I hear the propo- 
 sition advanced with horror, and I tremble for 
 my clients in the presence of an imminent 
 danger, which threatens to confound all dis- 
 tinctions, and expose those who should only be 
 branded with absurdity and folly, to the pen- 
 alties of wicked, atrocious, flagitious treason. 
 I presume it has not escaped the Court, that 
 the formal accusation against the defendants 
 embraces five charges, with as many specifica- 
 tions under each charge. The first charge is 
 conspiracy against the Government of the 
 United States — the second is a charge i)f treason, 
 in affording aid and comfort to rebels against 
 the authority of the United States — the third 
 charge is for "inciting insurrection" — the 
 fourth charge is for " disloyal practices " — and 
 the fifth charge is for "violation of the laws 
 of war." I am at a great loss to divine under 
 which of these charges a conviction will be 
 claimed by the learned Judge Advocate. If I 
 were not already under many obligations for 
 his numerous acts of courtesy and kindness 
 during these protracted trials, I should have 
 so far presumed upon his frankness and fair- 
 ness, as to ask that information in advance, 
 but I am left to conjecture. Is the defendant 
 Humphreys guilty of conspiracy under the 
 first charge and first three specifications? If 
 80, it is solely by force of membership in nn 
 order, which is a conspiracy per sc, for the first 
 three specifications proceed upon that theory. 
 I have elsewhere argued that the written work 
 of the order may contain bad politics, but cer- 
 tainly violates no law — human or divine — 
 civil or military. If a mere connection with 
 
 the order does not make him a conspira- 
 tor, then where is the affirmative, positive, 
 extrinsic evidence of conspiracy against him 
 under the fourth specification of charge first? 
 I answer, there is none. Is he guilty under 
 charge second, of treason, by affording aid and 
 comfort to rebels ? Pretermitting all dis- 
 cussion and opinion, whether the giving of 
 aid and comfort to domestic enemies or rebels 
 can, in any event, constitute treason, I sub- 
 mit, without further debate, and in a spirit of 
 exultation, that there is not a shadow of, evi- 
 dence to sustain the specifications under this 
 charge, except on the very complicated, 
 strained and visionary hypothesis, that the 
 order is a treasonable conspiracy, and that 
 Humphreys is chargeable, by a fiction of law, 
 with all that every member has said or done, 
 within two years past, however foreign to the 
 avowed purposes of the order. The ghost of 
 Jeffreys, in his star chamber, surrounded by 
 the shades of his murdered victims, might hail, 
 with delight, the revival in America of the 
 long lost legal fiction, if constructive treason — 
 if this ingenious, refined, cruel and fearful 
 legal, military sophism is to obtain. Let 
 the shades of the wronged and ruined men of 
 the past come forth from their sepulchers, and 
 protest against its revival in this land and 
 age I Again, is Mr. Humphreys amenable to 
 charge third, for "inciting insurrection?" 
 The first specification lays the offense to con- 
 sist in arming a portion of the citizens of the 
 United States, through the Order of the Sons 
 of Liberty, against the authority of the United 
 States. Where is the evidence to sustain this 
 against Humphreys? All attempts to prove, 
 by credible witnesses, that the order, as such, 
 armed itself against the United States, sig- 
 nally failed. As citizens of the United 
 States they were invested, as by charter, of 
 the indefeasible right to be armed, for pur- 
 poses of defense. Mr. Erskine, on the trial 
 of Thomas Hardy for treason, remarks, that 
 the preamble to the English Bill of Rights 
 enumerated the offenses of King James the 
 Second ; amongst the chief of which was, his 
 causing his subjects to be disarmed; and then 
 our ancestors claim this violated right as their 
 indefeasible inheritance. "Let us, therefore, 
 be cautious how we rush to the conclusion, 
 that men are plotting treason against the King, 
 because they are asserting a right, the viola- 
 tion of which has been adjudged against a 
 King, to be treason against the people; and 
 let us not suppose that English subjects are a 
 banditti, for preparing to defend their lib- 
 erties." 
 
 The second specification of the same charge 
 is based on supposed incendiary speeches and 
 seditious writings. And how much of this is 
 Humphreys guilty of? It is in evidence, that 
 he made two or three public speeches, always 
 exhorting the people to loyalty, obedience and 
 law; and generally at the expense of his 
 popularity and influence among his ultra 
 friends. Some say that he also criticised, with 
 freedom, the policy of the Administration. Let 
 the minions and parasites of power, and the 
 sycophants of titled authority in other coun- 
 tries, swallow their speech and stifle their 
 
228 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 opinions, but I would not have this Court 
 think so meanly of Mr. Humphreys, as to sup- 
 pose he could so divest himself of all man- 
 hood aa to do it — or that the standard of free 
 thought and speech had fallen so low, as to 
 call from me an apology to this Court, for the 
 audacity of Mr. Humphreys. On the question 
 of free thought and speech, the Court will al- 
 low me to borrow the following eloquent ex- 
 tract from the great Webster : 
 
 "Important as I deem it to discuss, on all 
 proper occasions, the policy of the measures 
 at present pursued, it is still more important 
 to maintain the right of such discussion, in its 
 full and just extent. Sentiments lately sprung 
 up, and now growing fashionable, make it nec- 
 essary to be explicit on this point. The more 
 I perceive a disposition to check the freedom 
 of inquiry, by extravagant and unconstitu- 
 tional pretenses, the firmer shall be the tone in 
 which I shall assert, and the freer the manner 
 in which I shall exercise it. It is the ancient 
 and undoubted prerogative of this people to 
 canvass public measures, and the merits of 
 public men. It is a 'home-bred' right, a 
 fireside privilege. It hath ever been enjoyed 
 in every house, cottage, and cabin in the na- 
 tion. It is not to be drawn into controversy. 
 It is as undoubted as the right of breathing 
 the air, or walking on the earth. Belonging 
 to private life as a right, it belongs to public 
 life as a duty; and it is the last duty which 
 those whose representative I am, shall find me 
 to abandon. Aiming at all times to be cour^ 
 teous and temperate in its use, except when 
 the right itself shall be questioned, I shall 
 place myself on the extreme boundary of my 
 right, and bid defiance to any arm that would 
 move me from my ground. This higji constitu- 
 tional privilege I shall defend and exercise 
 within this House, and without this House, and 
 in all places; in time of peace, and at all times. 
 Living, I shall assert it, and should I leave no 
 other inheritance to my children, by the blessing 
 of God, I will leave them the inheritance of free 
 principles, and the example of a manly, inde- 
 pendent and constitutional defense of them." 
 
 In weighing the seditious and insurrection- 
 ary character of speech in this country, re- 
 gard must be had to the habits of our people, 
 and the untrammeled indulgence of the right, 
 at all times and places, and upon all subjects, 
 by all parties, sects and associations. Who 
 shall say,- that one who has not only indulged 
 the right, in the temperate support of his own 
 opinions, but when he has heard the boister- 
 ous waves of popular excitement dashing 
 against the side of the ship of State, at the 
 hazard of alienation from friends, has allayed 
 their strife and hushed their murmurs, should 
 be dragged to the bar of public shame, and 
 public justice, and punished for the enormous 
 crime of inciting insurrection, against a Gov- 
 ernment whose excellence he was taught to 
 lisp in his cradle, to love In his youth, and to 
 defend in his manhood? What, in point of 
 law, gives u, seditious and insurreetiojiary 
 character to speech ? Such speech is always 
 composed of two elements, viz.: 1. Of words 
 of seditious import, addressed to the evil pas- 
 sions of disaffected men. 2. An insurrection- 
 
 ary intent, to foment civil commotion, and 
 precipitate revolt against the Government. 
 Who can escape prosecution, after the convic- 
 tion of Humphreys, except the slavish echoes 
 of a shifting partisan orthodoxy? It were 
 better that the stroke of pestilence, the wail 
 of famine, and the earthquake of revolution, 
 should all visit the country, than to be stricken 
 with a paralysis of such abject, sottish sla^ 
 very. 
 
 The fourth charge accuses him and others 
 of "disloyal practices," in six specifications, 
 in this, viz.: 1. In advising others to resist 
 the draft. 2. Arming the secret order to re- 
 sist the draft. 3 and 4. The same specifica- 
 tions laid at different dates. 5.'In holding 
 military offices in the order of the " Sons of 
 Liberty." I respectfully submit, to the recol- 
 lection of this Court, that there is not a scin- 
 tilla of evidence to countenance any of these 
 specifications. On all occasions, he is shown 
 to have exhorted submission to the draft, and 
 obedience to law. 
 
 Under charge fifth, for a " violation of the 
 laws of war," I am at a loss to know what to 
 say. The very sound of the charge is strange, 
 and the proposition itself is unfathomable, by 
 the citizens of a State that has remained firm 
 in her integrity to the cause of the Union — 
 lavish in her sacrifices of life, labor, and 
 money, for the National cause — ^but, perhaps, 
 it is possible, in the anomalous condition of 
 our National affairs, for a citizen adhering to 
 the cause of the Federal Government — engaged 
 in the peaceful avocations of life- — in do way 
 connected with the army, nor amenable to mil- 
 itary or maniai law — to subject himself to the 
 laws of war, which only prevail inside of mil- 
 itary lines, in the enemy's country, and in 
 the presence of belligerent armies. But 'I con- 
 fess that I do not believe that the laws of war 
 prevail in Indiana. The first specification 
 under this charge, lays the guilt of Hum- 
 phreys, with others, in attempting to introduce 
 into the loyal States the enemies of the United 
 States. Will it not be a suflicient answer to 
 this specification to ask, what witness con- 
 nects Mr. Humphreys with any such attempt, 
 actually or constructively ? Whatever force 
 it may have as against others, it is certainly 
 gratuitous and without warrant in the evi- 
 dence against Humphreys. The second speci- 
 fication under this charge lays the offense to 
 consist Of organizing and extending a certain 
 unlawful secret order, known as the " Sons of 
 Liberty," or "American Knights." It is not 
 in evidence that Mr. Humphreys ever organ- 
 ized, or extended, this order, but it is in evi- 
 dence, that he burnt the records, and dis- 
 banded the Temple to which he belonged, as 
 early as last March. But, while there is no 
 evidence connecting Humphreys with this 
 enterprise, there is ample evidence that Gen- 
 eral Carrington, through his confidential 
 agent, Mr. Stidger, engaged extensively in the 
 woi'k in Kentucky. This ought to be accepted 
 as conclusive, that there was nothing wrong 
 in £he order per se. To fix responsibility on 
 Humphreys, under this, as well as most of 
 the other charges, you must first find that this 
 order was a treasonable conspiracy, and that 
 
TREASON TKIALS AT INDIANAPOLIS. 
 
 220 
 
 its boasted half million of members were all 
 conspirators and traitors — and secondly, that 
 the organization and extension of the order 
 was in pursuance of the "common design" 
 of the conspirators and traitors — and thirdly, 
 that every thing that miight bo said or done, 
 at any time, or under any circumstances, in 
 any part of the United States, by anj' one of 
 the half million of members, affects, with guilty 
 knowledge and plenary responsibility, every 
 other member. Logic is a mighty engine, and 
 the human brain fertile in resources, but to 
 compass the demonstration of tliese proposi- 
 tions, must be the work, not of dialectics, but 
 of the sword that out the Gordian knot. I 
 have now gone through the charges and speci- 
 fications, as they relate to Mr. Humphreys, 
 with such observations as they necessarily 
 suggested, to one anxious for the fate of his 
 client. These observations having an equal 
 application to the charges as they relate to 
 the case of Colonel Bowles, I shall not recur 
 to them again. 
 
 This brings me to a consideration of the 
 measure of guilt, as indicated by the evi- 
 dence, first, of Andrew Humphreys, and, sec- 
 ondly, of William A. Bowles. 
 
 The term, "common design," applied to this 
 order, is suggestive of all that is absurd, in- 
 congruous, ridiculous, inconsistent, contra- 
 dictory, and stupid. "Multifarious design" 
 is the only term that adequately expresses the 
 inherent quality of the order. If it had any 
 " common design," it has not been made 
 manifest, either by the written work of the 
 order, or the testimony of its members, or both 
 together. Tlie written work binds the order 
 in abstract faith to the Resolutions of 1798-9, 
 as the embodiment of the doctrine of State 
 rights — the educated, intelligent members of 
 the order swear that it was simply a political 
 organization, to advance the interests of a 
 party, as they understood it — while others 
 understood it to look to defense at the polls 
 against violence — while the ignorant and 
 superstitious witnesses, from the unenlight- 
 ened localities, who left the order in a fit of 
 delirium tremens, and came upon the witness 
 stand under a subdued terror of nightmare, 
 swear that they were actually sworn into the 
 service of Jefferson Davis — though they did 
 not, I believe, see either his claws or his horns. 
 They also swear to what the Peter Noodles of 
 the ordev said about things in general, at the 
 meetings of the township temples — whilst the 
 detectives and spies have a medley of all these, 
 which they offer for our credence. The Court 
 must see that this chameleon character of the 
 order grows partly out of the difference in 
 point of intelligence and opportunity of the 
 members, and partly out of the confusion of 
 the old orders of the Circle of Honor, Knights 
 of the Golden Circle, the Circle of the Mighty 
 Host, and the like — and partly out of the 
 locality, people, and the teachers, in the order. 
 Harrison, Bingham and Hcffren, for example, 
 understood it to be purely political as to the 
 masses, awi also military, as to a few, as they 
 finally learned. I shall not stultify myself 
 by denying this military feature in the order, 
 nor that a few desperate men of that branch, 
 
 in and out of this State, sought to precipitate 
 the order into revolution ; but I do deny the 
 complicity of Humphreys, and a great many 
 others, who had been improvidently named to 
 some military office. If Humphreys was 
 guilty of complicity in the schemes of Dodd, 
 Bullitt, and other military chiefs, why is it 
 that he was not running up and down the 
 country, attending Grand and Supreme Coun- 
 cils? Why was he not at Chicago at sonic of 
 their meetings? Why was he not at the moot- 
 ing of the Supreme Council, in New York, last 
 February? Why was he not dangling at the 
 heels of Vallandigham at Hamilton? Why 
 did ho not respond to Dodd's summons to 
 attend the military consultation in this city ? 
 And how did he escape, and why did not he 
 attract the attention of spies and detectives ? 
 For who does not know that the system of 
 espionage in this State, would have marked 
 him for the snares of duplicity and treachery? 
 And yet he escaped. His innocence wa3> his 
 protection, and his character his shield. 
 
 Andrew Humphreys, when called on to an- 
 swer these charges, was taken from the body 
 of a loyal, but, in some respects, misguided 
 people. He occupied aproud eminence, notin 
 place and authority, but in the confidence and 
 hearts of all who knew him.' Impulsive in his 
 nature, free in his thoughts, sincere in his at- 
 tachments, confiding in his intercourse, firm 
 in his convictions, and brave and generous in 
 all his relations, imbued with hereditary jeal- 
 ousy of arbitrary power, he was the favorite 
 companion of his political friends; and who- 
 ever sought his counsels in the interest of 
 peace and law, ever found him faithful to the 
 highest obligations of citizenship. The honest 
 people with whom he lived, and who knew his 
 worst faults, of partisan zeal, and who knew 
 all of criminality that this trial has devel- 
 oped against him, and no one supposed him 
 guilty of any one of the gross and enormous 
 crimes with which he stands accused on the 
 records of this Court. Clothed with conscious 
 innocence, and with the kind wishes and bless- 
 ings of those people, of all parties, he stands 
 to-day before this Court without shame and 
 without fear — without shame, because he has 
 neither said nor done any thing at war with 
 the true principles of religion, of liberty, of 
 loyalty, or law — without fear, because ho be- 
 lieves his fate is in the hands of those whose 
 abilities and dispositions are equal to the task 
 of his vindication— that the goodness of your 
 justice is equal to the power of your trust. 
 That Mr. Humphreys is free from fault, is more 
 than I shall urge, but this Court was not 
 clothed with power and authority to punish 
 the social or political faults of men; and even 
 if it were, the temporary reproach which this 
 trial has conferred upon him, is penalty 
 enough for his brief connection with an or- 
 der whose claims upon his fealty and allegi- 
 ance he indignantly shook off in March, 1864, • 
 and as a testimony against it, deliberately 
 burned its records and washed his hands of 
 all responsibility for its existence; and if 
 others had done as well — if detectives had not 
 given it Government aid — the whole fabric of 
 the order would have tumbled into ruing long 
 
230 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 before it did. It is one thing, if it pleases the 
 Court, for a party man, in a sanguine, ■warm, 
 and even impassioned manner, without conceal- 
 ment and without apoIogy,to plead against the 
 measures of Administration and the abuses of 
 power, looking all the wjiile to the public 
 good — this may be a partisan fault, but no 
 crime ; and quite another thing for a party 
 man, when our Government is in the throes of 
 a life and death struggle, to play the agitator, 
 and- in the name of patriotism, to utter ac- 
 cents of despair; appeal to the selfish, bad pas- 
 sions of men; sow the seeds, by unworthy 
 speech, of demoralization in our armies; 
 thwart and paralyze the honest efforts of Gdv- 
 ernment to maintain its authority, by cal- 
 umny and denunciation — this would be a 
 grievous abuse of the liberty of speech, but 
 no crime of treason — and still another and a 
 wickeder thing, to go howling about the coun- 
 try, and in flaming speech and mock patri- 
 otism, arraigning the public authorities as 
 usurpers, tyrants and despots, poisoning the 
 public heart against those in authority, clam- 
 oring forpeace in fheface of embattled armies, 
 fanning the embers of discord and revolt, 
 kindling, by incendiary appeal, the fires of in- 
 surrection and revolution, and finally identi- 
 fying himself with the cause of rebels and 
 traitors, and lending himself, in thought and 
 deed, by night and by day, in secret and in 
 public, giving aid and comfort to the public 
 enemy against his own Government — this is 
 conspiracy sind treason — ithas all thedisloyallin- 
 eaments of treasonable deformity, and neither 
 eloquence nor art, neither painting nor poetry, 
 can change it — its office is discord, war and 
 misery. The fault first mentioned is common 
 to all Americans, and I consign Mr. Hum- 
 phreys to the company of that class of men, 
 whose whole fault is in ministering conscien- 
 tiously and innocently, but perhaps too lav- 
 ishly, to the partisan zeal of his friends, but 
 this is more than compensated in the ready 
 promptitude with which he has always re- 
 sponded to the demands of law, order, and au- 
 thority, in those frank, earnest exhortations 
 to the people, which never failed to allay 
 the temper of excited men, and restore the 
 supremacy of reason and law. If it please 
 this honorable Court to assign him to the sec- 
 ond category of offenders, then, I say, a bright 
 life, of resolute devotion to the public good, is 
 to that extent tarnished and obscured, but not 
 stamped with the dark hues of crime, known 
 to any established law, civil or military, com- 
 mon or martial. Censure, calumniate, revile 
 him, if you please, for his mistakes, errors, 
 and vicious sentiments, and I shall only find 
 less in him to commend, and more to deplore, 
 for the loss happy position you have assigned ; 
 but, gentlemen, in the name of law and jus- 
 tice — in the name of that legitimate authority 
 Ipf better days, which, I trust, will return to 
 U(S again, when the snowy banner of peace 
 shall herald a restored Union, and a fraternal 
 people — in the name of that shadow of com- 
 punction and retribution which follows the 
 havoc of those who rule by passion, and per- 
 secute by faith — in the name of those sorrows 
 and griefs which a harsh imprisonment has 
 
 added to the wounds of a sensitive and proud 
 spirit — in the name of that liberty of opinion 
 and speech which, in every country, has been 
 the last which the subject has wrested from 
 power, as it has always been the first which 
 power has wrested from the subject — in the 
 name of that little family circle whose memo- 
 ries and affections clustered around him in 
 his happier days — in the name of that deep 
 public interest which the magnitude of these 
 trials has evoked, and that scrutiny of his- 
 tory which your record will invite — in the 
 name, I say, of all these interests, I entreat 
 you to make this, your judicial record, as il- 
 lustrious for its probity, learning, impartial- 
 ity and justice, as your military record can 
 be, under the highest gallantry, and the most 
 auspicious fortunes of war. 
 
 It would be a useless consumption of tima 
 to discuss the elements of the third cate< 
 gory, in which I concede disloyalty, conspir- 
 acy, and treason all abide; and if you can, 
 gentlemen, in your consciences, bound by the 
 highest obligations of oath and honor, assign 
 him to this category of shame, of guilt, of 
 punishment, I could only say that the startling 
 conviction would be more productive of horror, 
 than the turpitude of the crime of which he is 
 convicted. Is it an example that is wanted? 
 Our people are practically a unit in their al- 
 legiance and devotion to the Constitution and 
 the Government, and as long as I have a. voice 
 I will labor to keep them so; but no Govern- 
 ment can rule long, by torture and terror, a 
 people accustomed to be governed through 
 their affections, and while one such example 
 might be potent, to weaken the bo«ds of loy- 
 alty, for this latitude and generation, while 
 the guiltiest of the accused have made their 
 atonement on the witness stand; the liberal- 
 ity, the generosity, and the humanity of all 
 parties, sexes, and ages, would embalm it in 
 their sorrows, as a melancholy act of vindic- 
 tive justice, such as history records only of 
 crumbling and expiring dynasties. For this 
 rebellion and its horrible consequences to the 
 nation, I have but one language and one sen- 
 timent, in Court and out, from its commence- 
 ment to the present day — and for those of the 
 North who withdraw their sympathy and alle- 
 giance from the Government, in the hour of 
 its trial, in this crisis of its fate, and conspire 
 for its overthrow and the success of the rebel 
 cause, no matter who administers the Govern- 
 ment, or what the policy, I have but one sen- 
 tence — for I feel too much interest in the cause 
 as a citizen, to prove false as a lawyer — and 
 if the law and the evidence demand their 
 blood to fertilize the land they betrayed and 
 dishonored, I will not murmur. But in the 
 name of this National cause, I claim the right 
 to protest against the useless sacrifice of any 
 man, however humble, or however heretical 
 in his partisan politics, either for the idle pur- 
 poses of an example, for the atonement of po- 
 litical offenses, or for the propitiation of 
 power. 
 
 Now, what is the evidence against Andrew 
 Humphreys, that he should be forced through 
 the solemn forms of trial? Mr. William Si. 
 Harrison, a witness for the Government, 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 231 
 
 swears that Humphreys was appointed a Ma- 
 jor General in the order, at a Council meeting 
 at Indianapolis, 10th of September, 1803, and 
 was also re-nppointed at the February Coun- 
 cil, 1864, but was not present at either meet- 
 ing, and was never notified of his appoint- 
 ment by him, as the Secretary. That Hum- 
 phreys never attended more than one State 
 Council, and that was the night session of the 
 meeting at Indianapolis, in June, 1864. The 
 Judge Advocate asked one question in such 
 form, as apparently made him say, that Ilum- 
 phreysVas present at the September meeting, 
 1863, but he corrected it fully on cross-exam- 
 ination. He was not present when the mili- 
 tary bill was discussed, or adopted. There is 
 no legitimate evidence that he either knew of, 
 or ever accepted this appointment. Stidger 
 swears that Bowles had something to say 
 about Humphreys accepting a brigadier's com- 
 mission to stay in the rear. Stidger also pre- 
 tends that he saw Humphreys at the Council 
 in the day-time, in June, 1804; that he sat be- 
 hind him on a seat in the hall, and was referred 
 to by one or more speakers — this statement 
 was wholly untrue. HefiFren swears that 
 Humphreys was not present when elected Ma- 
 jor General. He also swears that he had an 
 interview with Humphreys last spring, at 
 the Greencastle Junction, when coming to this 
 city — they talked about the order — and Hum- 
 phreys said "it would not do. We must de- 
 pend on Chicago" — and he said "he was for 
 his country, right or wrong" — and "would 
 have nothing further to do with the order, and 
 advised me to quit it." Thus, the Govern- 
 ment's own witness bears faithful testimony 
 to Mr. Humphreys' steadfast loyalty. This is 
 all the evidence that bears, in any way, on 
 his connection with the order — an order on 
 which he had set the seal of his condemnation, 
 long before Dodd and his wild schemes had 
 awakened suspicion auy-where. I now invite 
 the attention of the Court, while I follow Mr. 
 Humphreys to the counties of Sullivan and 
 Green, where he has lived for so many years, 
 enjoying the confidence, respect, and official 
 honors that are always held in reserve, by the 
 people, for their true men. It is a source of no 
 little pride and gratulation to Mr. Humphreys 
 to see that the' Government could bring not one 
 of his neighbors, not even a personal enemy, 
 to swear against him — that lived nearer than 
 nine miles — Mr. Elisha Cowgill, the timid 
 Provost Marshal, living thirty miles, and; Mr. 
 Nicholas Cochrane, nine or ten miles, from the 
 home of Humphreys. This satisfaction is the 
 reward of a well-spent life, in the midst of an 
 honest, gallant, high-toned people. ' All parties 
 and classes shrink from pursuing him, and 
 stand appalled at the supposed perils of his 
 situation. From this proud eminence of moral 
 worth, he this day surveys his accusers with 
 no narrow sentiments of hate or revenge, but 
 with those calm and serene reflections which 
 only spring from that honor and magnanim- 
 ity, which make large allowance for errors 
 and misunderstandings among men. From 
 that same eminence he surveys the array of 
 his judges, and while he thinks he can read 
 his acquittal in the sympathetic expression of 
 
 the Court, he still leans upon you with the same 
 anxious contidcnoe which he reposed at the 
 beginning of this trial, and will so continue, 
 until your final verdict shall wipe away all 
 reproach from his charactur. Mr. Cowgill, 
 who lives thirty miles from tho accused, comes 
 before this Court to say that "about the fourth 
 day of June, 1863, I saw Mr. Humphreys 
 in Sullivan county, at the head of an army of 
 four hundred men." 'What do the Court think 
 of the witness? Do you think him a fair wit- 
 ness, in view of the sequel disclosed by other 
 witnesses? He says some of the crowd called 
 him a " damned Abolition rascal." I think, 
 myself, that an army of four hundred men had 
 very little to do in uttering such personal in- 
 sinuations against so good a man, and I assure 
 him, if Humphreys had had the training of 
 that army, the offensive charge would never 
 have been uttered. The Judge Advocate asks 
 him, " What was Humphreys' shai-e in the 
 transactions of that day? Did he undertake 
 to subdue the mob, or to lead it ?" To which 
 this meek and exemplary gentleman is com- 
 pelled to answer — "Humphreys spoke a sec- 
 ond time, and did advise them to go home, 
 and mind their own business, and asked me if 
 I did not indorse his speech — I said I did." I 
 confess, I have had my suspicions of Hum- 
 phreys' speech ever since this witness swore 
 that he indorsed it — my confidence in thff 
 speech has been very much shaken. In the 
 next breath this witness swears that "Hum- 
 phreys did not try to stop the excited crowd, 
 in my presence." How is this to be reconciled ? 
 Here was a crowd of two hundred excited men, 
 which he put down at four hundred — here was 
 Humphreys, who, having been sent for to 
 quell the threatened disturbance, had come 
 twelve miles — addressed the crowd twice, ex- 
 horting them to go home, and keep the peace, 
 with the repeated assurance that the Govern- 
 ment would do them no harm; tho t the sol- 
 diers had returned the horses, and the crowd 
 must disperse — yet, he says, Humphreys did 
 nothing in his presence to stop them, although 
 tho speeches that Humphreys made to the men 
 he fully indorsed himself. But the coolesti 
 piece of imposture, that these fraudulent times 
 have witnessed, was ^he request that he made 
 on Humphreys, to tell the crowd that "he (the 
 witness) was a gmileman., and the crowd must 
 hear him speak" — and which was only equaled 
 by the violent presumption and false charity 
 with which Humphreys gave the unconscion- 
 able assurance to the crowd. He swore that 
 a man by the name of Ussery tried to get 
 him drunk, but that he got Ussery drunk — 
 this matchless piece of generalship consisted 
 in his capacity to drmk more strychnine 
 whisky than Ussery. He says Humphreys 
 had a pistol to his aide — and, I venture, the 
 witness had two or three of them. The Gov- 
 ernment, then, makes nothing out of this meet- 
 ing, but credit and honor for Humphreys. 
 The witnesses for the defense explain the 
 origin and character of this meeting, and if 
 they show an undue excitement of the people, 
 without adequate cause,. they, at the same time, 
 show a most commendable discharge of duty 
 on the part of Humphreys. The Government 
 
232 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 next introduced a modest and fair-minded 
 man, by the name of Nicholas Cochrane, liring 
 nine miles away. He heard Mr. Hunaphreys 
 make a speech in Jackson township, Sullivan 
 county, on the 5th of September, 1863, at a 
 Democratic picnic. His description of the 
 speech is in these words: "He criticised the 
 Administration tolerably strong — he seemed 
 solicitous for peace — to be out of the war — and 
 he seemed to think that the Democratic party 
 was imposed upon, and ought to stand up (o 
 their rights — the general run of his speech 
 was in opposition to the present Administra- 
 tion." Is there any sedition or treason in 
 this 7 But there were other speeches by other 
 gentlemen, and among the rest one by some 
 Georgia man, who called himself a rebel. I 
 suppose he was not a very dangerous rebel, 
 as another witness testifies that he had taken 
 the oath of allegiance from the military au- 
 thorities, and had been long employed in the 
 quartermaster's department, in this- State — so 
 that if any one is responsible for a "rebel" 
 being at large, it was not Humphreys — nor 
 was Humphreys responsible for all who might 
 attend a public meeting. This man, other wit- 
 nesses say, was not an invited speaker, but 
 was called on at the close of the meeting to 
 get up that the crowd might see him — and 
 then talked to them about five minutes. The 
 Judge Advocate was imposed upon when he 
 was led to give any consequence to this cir- 
 cumstance. He would scorn to throw such 
 trash into the scale against the innocence of 
 any man. Mr. Humphreys, witness says, 
 advised this meeting to disperse, and go home 
 in peace. Is there treason, or disloyal prac- 
 tice in all this ? Shall the guileless-simplicity 
 of his character be tortured into hypocrisy, 
 and from hypocrisy into crime ? This is all 
 the evidence of the Government touching 
 seditious speeches by the accused. A number 
 of witnesses were called for Mr. Humphreys, 
 as to character and conduct at home, as a cit- 
 izen, but much of their testimony is unimpor- 
 tant. They all sustain his unblemished repu- 
 tation for morality, honesty, honor, patriot- 
 ism and loyalty. Two Republican neighbors, 
 among others, indorse him in these respects. 
 Mr. Wines had heard him make two or more 
 speeches on politics, the draft, and the duty of 
 all his neighbors. He reports him as saying : 
 "I advise no man to resist the draft, nor in- 
 deed any law of Congress, but I advise all to 
 be good, law-abiding citizens." At another 
 meeting, he heard him say to the people, in a 
 Bpeech, that "Resistance to the Government 
 would not do, at all, in any shape or form — 
 disaster would be sure to overtake them. 
 They must remain at home, and submit quiet- 
 ly to the laws of the Government." I ask 
 (igain, is this inciting insurrection 7 This 
 witness says that Humphreys then made an 
 effort to raise money to procure substitutes 
 for poor men. Was this a disloyal practice7 
 Again, (his same witness says that Mr. Hum- 
 phreys at another time " exhorted the people 
 to obey the laws." 
 
 Mr. Johnson is another witness who gave 
 Mr. Humphreys an excellent character for 
 loyalty and patriotism in general, but thought, 
 
 on one occasion, he read Washington's Taie- 
 well Address, and Jefi'erson's writings, in sup^K, 
 port of the doctrines of secession; but as we 
 were notallowed to prove thathewas mistaken. 
 and as the Judge Advocate claims no affirma- 
 tive force for the evidence, we will give it no 
 further attention. Mr. Johnson was a Republi- 
 can gentleman, of moderate literary accom- 
 plishments, and was prone to construe every 
 argumentagainst sectional agitation and in fa- 
 vor of State rights into a secession argument — 
 in this he is, by no means, singularoreccentric, 
 for it is a prevailing weakness of the times. 
 But in view of all that Humphreys has said, 
 under every change of circumstance, and un- 
 der the strongest temptations to waver — if 
 it were not indelicate — I would like to ask 
 each member of the Court, whether he can 
 show an escutcheon of loyalty as bright with 
 the repeated utterances of fidelity to the Gov- 
 ernment, devotion to the Union, obedience tp 
 law, as Humphreys has registered upon the 
 memories of these witnesses, and upon the 
 hearts of his neighbors. 
 
 There is one other important fact, with 
 which I will refresh the recollection of the 
 Court, in favor of Mr. Humphreys. On page 
 35 of the Record, of November 17, after some 
 discussion, Mr. Wm. Moss, a witness for 
 Humphreys, .and who- was a delegate in at- 
 tendance at the Grand C'uncil, in February, 
 when Humphreys was appointed Major Gen- 
 eral, swears that he was authorized to convey 
 to Mr. Humphreys notice of his appointment — 
 in answer to a question, whether Humphreys, 
 on being informed of his appointment, re- 
 jected or accepted it? His answer was — "I 
 know he rejected it.". This- would seem to be 
 conclusive on the question^ and ought to with- 
 draw that point from all controversy. Mr. 
 Moss also heard Humphreys' speech to the peo- 
 ple when Mr. Cowgillwas present — heard him 
 exhort the people to disperse, and go home and 
 keep the peace — that the Government had not, 
 and would not, send soldiers out to harass 
 them — and they did disperse. Mr. Price tes- 
 tifies to the same thing, at the same meeting. 
 If Humphreys was a bad man, his neighbors 
 would know it — but none appeared against 
 him. From Moss' testimony, it appears im- 
 possible, from entries in their partnership 
 books, late in the evening before, that ho 
 should have been at the Council in June last. 
 
 Bear with me, gentlemen, while I sum up 
 the testimony for and against Colonel Bowles. 
 I am betraying no trust, when I admit that I 
 am oppressed with the weight of the circum- 
 stances which throw their dismal shadows 
 across his pathway, and shutout some of that 
 mellow sunlight which is so essential to 
 quicken with gladness the feeble pulse of age. 
 An old man, who comes down to us from a 
 past generation of heroes and giants, is before 
 you, struggling in the toils that accident, mis- 
 placed confidence, or foul intrigue has spread 
 for his destruction. Such a sight has not 
 been witnessed before in this country, and 
 the pen of history is waiting to record the 
 momentous issue made up between him and 
 his Government.' The moral sinews of a no- 
 ble nature sustain him with dignity in tho 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 233 
 
 presence of any peril, and if only tenrs of 
 mercy can win him dellveranoe, they would 
 refuse to flow. The unsuspecting simplicity 
 of the old man, has proved a snare to his 
 feet, and marked him an easy prey for the 
 kites and vultures of society, who, under the 
 deceitful guise of curing abuses, and in the 
 misapplication of doctrines and maxims, that 
 underlie all free States, win, traffic and trade 
 in confidence as a merchandise of the market. 
 It is only to be regretted, that Colonel Bowles 
 has not an abler and more learned counsel to 
 give force to those circumstances, that tell but 
 too plainly the extent of his wrongs, and to 
 erect around him a bulwark of innocence, jus- 
 tice and law. I am not about to urge any nevy 
 theory of human responsibility — all that the 
 evidence proves, or fairly implies, he accepts, 
 and it is with that evidence that I now pro- 
 pose to deal. But in this connection, I will 
 ask this question, and I ask the Court to dwell 
 upon it — it is suggestive of more than it ex- 
 presses — does it not stagger human faith, that 
 an old man, near seventy years of age — 4ead 
 to all the motives of young ambition — with 
 the whole field of human enterprise, by the 
 advance of years, contracted around him, 
 soon to be narrowed to the compass of the 
 grave — no dream of ambition, of wealth, of 
 fame, of love, of romance, of. chivalry, to 
 quicken his limbs, or fire his heart^should 
 voluntarily become the leader, and chief con- 
 spirator, in these alleged crimes? Was it 
 glory that he sought amid the din of arms ? — 
 there was no glory in the debasing plots of 
 murder, rapine, insurrection, conflagration, 
 and plunder. Was it wealth that he desired ? — 
 he needed not wealth, for he was surrounded 
 by broad acres, and the refinements and ele- 
 gancies of life. Was it a morbid political de- 
 lusion in favor of the rebel cause? — if so, be 
 could have enlisted in that cause four years 
 ago, and secured its doubtful honors, while he 
 could have saved himself an immense estate 
 in the South from confiscation. Was it a mean, 
 low, political popularity at home that he 
 sought? No, for he had courted no political 
 favor for near twenty years. But why dwell 
 in the regions of fancy and speculation, when 
 every thread, and every fiber, of the network 
 that is woven around him, proclaim, in char- 
 acters of living light, that his hospitality has 
 been abused — that his open hand, open heart, 
 and open house exposed him to the arts and 
 wiles of reckless and unscrupulous men ? 
 
 Without attempting to deal with the evidence 
 in detail, it will suffice for me to say, that the 
 Government's evidence tends to bring Colonel 
 Bowles within the charges: 1. Of conspiracy; 
 2. Of treason; 8. Of disloyal practices; and 
 4r. Of violation of the laws of war. The acts 
 and aims that implicate him in the one or the 
 other of these charges are proved, in the main, 
 by the statements and declarations of persons 
 more or less connected with the "Sons of Lib- 
 erty," but who do not admit that they were 
 themselves implicated in any actual or con- 
 templated scheme of disloyalty — and whose 
 declarations and statements, therefore, can 
 implicate no one but themselves — because, not 
 being actual conspirators themselves, their 
 
 declarations are inadmissible against others; 
 for I maintain that unless the Government can 
 bring declarations from actual conspirators 
 engaged in a "common design" with the ao- 
 cused, they are inadmissible. < 
 
 The whole question of the admissibility of 
 these declarations of members of the oinler, 
 simply because they are members, is held in 
 abeyance by the Court, and is still an open 
 one, to abide the antecedent decision of the 
 question whether the order is a treasonable 
 conspiracy? And unless you hold that it is, 
 all these statements afi'ecting Colonel Bowles 
 fall to the ground. 
 
 The acts and aims which the evidence tends 
 to establish against Colonel Bowles, consist, as 
 will be claimed: 1. In his membership in an 
 unlawful secret society j 2. The arming of 
 men to resist the authority of the Govern- 
 ment; 3. Conspiring to put on foot an insur- 
 rection in aid of the rebellion, by seizing the 
 arsenals in several of the States, liberating 
 rebel prisoners, deposing the Governor of this 
 State, and striking for a North-western Con- 
 federacy, or an alliance with the Southern; 
 
 4. Accepting and acting under a commission 
 of Major-General from the "Sons of Liberty." 
 
 5. Attending the conclaves at Chicago, and 
 mingling in the councils of traitors, and divid- 
 ing large sums of rebel money with the military 
 heads of the order; 6. By complicity with 
 Becking and others in his Greek-fire pre- 
 parations to destroy Government property; 
 7. Having intercourse and correspondence 
 with rebels, through one Dickerson, of Balti- 
 more; 8. The distribution of money to the 
 order to buy arms to resist the Government. 
 This is a huge array of atrocities, and if the 
 half has been proved by legitimate testimony, 
 I should have more pity for his fate than hope 
 for his deliverance. It would not be an im- 
 possible nor an improbable thing for a man 
 like Cplonel Bowles to follow a great way, 
 blindly, the artful leaders in such a scheme, 
 without comprehending or suspecting its bear- 
 ings, because all was being done in the name 
 of the order, whose legitimate objects he knew 
 were lawful. This, I claim, is true of Colonel 
 Bowles. It was somewhat difi'erent with Mr. 
 Humphreys in this respect. He suspected the 
 order as early as March, 1864, and when Mr. 
 Moss conveyed to him the intelligence of his 
 appointment as Major-General, together with 
 information of the action of the Council at 
 Indianapolis on the military bill, he at once 
 denounced and renounced the order, and re- 
 jected the commission, and gave as a reason 
 that he was not aware before that there was 
 any such military feature connected with the 
 order. He then'sent for the records and papers 
 of the temple in his township, burnt them in 
 the stove, and washed his hands of the order. 
 See testimony of Wm. Moss, November 17, 1864. 
 
 Was he a member of the order? Perhaps 
 he was; and yet the eTidenoe shows that he 
 either did not know, or did not care for the 
 obligations of secrecy, as he seems to have 
 talked to every body with great freedom upon 
 the subject. But even that membership, I 
 have shown, amounts to neither of the ofifenaea 
 charged. 
 
234 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 To constitute conspiracy, there must he con- 
 cert, concurrence, agreement, assent, by all 
 th^ parties, with a knowledge and approval of 
 the common design. Where there is no com- 
 mon design, there can be no conspiracy, and 
 where there is a common design, its object 
 must be unlawful. After the escape of Dodd, 
 the absence of Walker, the arrest of Bullitt 
 and Barrett, and the discharge of Harrison, 
 Bingham, HefFren and Wilson, the banishment 
 of Kalfus and others, and the imprisonment 
 of Yeakle and Booking, Bowles becomes the 
 most prominent, as he is the worst seduced, 
 betrayed and injured figure in the foreground. 
 It will, no doubt, be argued by the learned 
 Judge Advocate, that Bowles was a prime in- 
 stigator of treason. All the testimony that 
 makes him a traitor, tends to show that he 
 was seduced' and- betrayed into a false posi- 
 tion by the wily intrigues of designing men. 
 Bowles was looking at one object, and his be- 
 trayers at another. They meant treason and 
 revolution. He was dazzled by the glittering 
 bauble of compromise, which he hoped to in- 
 augurate by some kind of associated action. 
 Is this not a more rational explanation of his 
 conduct, than the harsh and incredible one 
 offered by the Government? He was always 
 as simple about it as a, child, and is to this 
 day, for he can see no crime in a compromise, 
 nor in the means to accomplish it; and this 
 was all the use he had for the order. Mr. 
 Harrison knew Bowles simply as a member of 
 the Council, and Major-General by appoint- 
 ment. Bingham only knew him as such. 
 Dodd insisted on making him a Major-Gen- 
 eral. He refused and protested until the law 
 was modified to suit his views. He was a man 
 of considerable fortune. The Bullitts, the 
 Dodds and the Barretts were poor and needy. 
 It seems to have been a matter of indifference 
 with them, and their tools, whether they lined 
 their pockets with rebel money, or money 
 from the coffers of Bowles. Stidger was sent, 
 time and again, by Bullitt to Bowles, to mis- 
 lead and betray him. Bowles always received 
 him without asking or caring whether he was 
 a member of the order or not. What motive 
 had Bullitt and Stidger, but to mislead him 
 into complicity with treason? Bowles was 
 passive — they were active. They even sought 
 to commit the old man to a sanction of the 
 assassination of CofSn. Bowles knew Coffin, 
 and would not credit the imputation upon his 
 fidelity, but finally promised to put men on 
 his track, to watch him. 
 
 Behold this simple old man, beset by Coffin 
 and Stidger, two Government spies, and also 
 by Dodd, Bullitt and others, of the revolution- 
 ary type I Men less credulous and infirm 
 than Bowles would have fallen before such a 
 combined assault. Dodd and his Kentucky 
 revolutionary schemers could not rest until 
 they forced a major-general's commission on 
 Bowles; and to do which, Dodd caused the 
 county of Orange to be thrown into another 
 district, to make him eligible. ' And now, that 
 one set of them have got him on trial for his 
 life, another set — Heffren and Wilson — who 
 purchased their safety at the price of dis- 
 honor, broken faith and violated pledges, by 
 
 exchanging the dock for the confessional — 
 the soldier's home for the witness stand — and 
 swearing Bowles into deep trouble, and them- 
 selves out; now scuttle the ship, and leave old 
 age, blighted hope and ruined fortune to buffet 
 the waves alone. Heffren's testimony was 
 like the mountain avalanche of snow — small in 
 the beginning, but gathering size and mo- 
 mentum as it rolls, until iCsweeps down in its 
 course every obstruction in its path. Heffren's 
 testimony swept down, not only Bowles, but 
 Dodd, Wilson and Walker, and buried himself, 
 finally, in the common ruin. Wilson, not to 
 be outdone by Heffren, comes upon the witness 
 stand, redolent with the savory odors of the 
 Chicago conclave, with forty dollars of rebel 
 Aoney in his pocket, obtained from Barrett as 
 mileage, and a thousand dollars, obtained 
 from Bowles, to buy arms, and strikes Bowles 
 and Heffren "lick about." For history not to 
 know and record the transcendent virtues of 
 these two defunct witnesses, were to rob pos- 
 terity of half of its inheritance. History has 
 already appropriated them. 
 
 I can understand and appreciate how an 
 honest man may join a treasonable order un- 
 wittingly, and on discovering its true char- 
 acter, abandon and expose it, in the interest 
 of law and public liberty — I can understand 
 also the reasoning and casuistry by which a 
 detective reconciles his deceptions and bad 
 faith with his paramount duty to society and . 
 stable Government — but I confess nothing but 
 loathing and detestation for one who is^aWi- 
 ceps criminis, and so continues, until the trial 
 proves his guilt, and then virtuously con- 
 cludes to save himself, and ruin' his accom- 
 plices. 
 
 It is proper that I should say, in behalf of 
 all the accused, that there is an inconvenient 
 redundancy of testimony, given on this trial, 
 which is not evidence, for the reason that it 
 does not support any issue — that it is mere 
 political scandal. I allude to it simply that 
 the Court may detect it, and dismiss it from 
 consideration. There is another item of testi- 
 mony affecting Colonel Bowles that I will 
 allude to. Heffren swears that he understood 
 from Wilson, that Dodd and Walker received 
 one hundred thousand dollars, each, of rebel 
 money, and that Bowles got his share. This 
 is a great wrong to Colonel Bowles, if false, 
 yet the -Government did not ask Wilson 
 whether it was true or not. Heffren left the 
 impression that the thousand dollars handed 
 to Wilson by Bowles, was part of this corrup- 
 tion fund — but Wilson virtually denies the 
 whole story, by declaring that it was of 
 Bowles' private funds — thus these witnesses 
 contradict themselves — but when dishonored 
 by apostasy, who can believe them, even when 
 they corroborate each other ? Heffren swears 
 that Wilson told him thus and so — ^Wilson 
 swears that Bowles told him thus and so. 
 According to Stidger, there were two other 
 gentlemen in this plot against Colonel 
 Bowles — General Carrington and Captain S. 
 E. Jones, of Louisville — they first sent Stidger 
 as a spy to Bowles. Stidger also played the 
 spy on Heffren, at Salem, as he swears — all of 
 which is denied by Heffren. So Bowles has 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 235 
 
 been, and is, confronted by the military pow- 
 er, the detective police of the country, and 
 all the apostates of the State's evidence depart- 
 ment. 
 
 Stidger swears to two interviews with Heff- 
 ren at Salem — Heffren denies having ever 
 seen Stidger at Salem. Heffren, in turn, un- 
 dertakes to swear to an interview with Book- 
 ing, the Greek fire man, at Salem — Booking, 
 this Court will remember, denies having ever 
 been in Salem — thus, when the Government 
 witnesses are at variance on the most vital 
 points in the case, Bowles may well exclaim, 
 " Whcm rogues fall out, honest men get their 
 dues," Stidger's accomplishments as a detec- 
 tive are only equaled by'his accomplishments 
 as a witness — he is both artistic and estheti- 
 cal in each character, and, I am inclined to 
 think, without an amateur. My opinion is, if 
 Bowles were liberated to-day, and at home, 
 that these corrupt and belligerent witnesses 
 could, by their blandishments, ingratiate them- 
 selves again into his confidence. My amateur 
 witness, Mr. Stidger, has a marvelous story 
 about Bowles, Becking and Greek fire. He 
 astonishes us all by detailing a meeting at 
 the Louisville Hotel, when Dr. ICalfus, Colonel 
 Bowles and others met Booking and others, and 
 heard an explanation of the infernal mysteries 
 of shells and Greek fire. The effect of all this 
 w.is greatly hightened by an exhibition, before 
 this Court, of shells, grenades, etc., as if the 
 globe itself could, and would be exploded by 
 this infernal machine. This engine of univer- 
 sal destruction, says Stidger, was under the su- 
 pervision and patronage of this order. Bowles 
 profaned the Sabbath with Booking, in a base- 
 ment in this city, experimenting with Greek 
 fire, says Stidger. Booking swears, the Court 
 will recollect, that he never met Bowles in this 
 city, on any such business — that he did exhibit 
 his invention at the Louisville Hotel, when 
 Bowles and others were present — but that 
 neither Bowles nor any one else ever furnished 
 money to send him to Canada — that two hun- 
 dred dollars were handed him in Louisville by 
 a young man to meet his pressing wants — that 
 his invention was, in no sense, at any time, 
 under the direction, interest, patronage, or 
 favor of this order — thus flatly contradicting 
 Stidger in toto, and Heffren in part. Booking 
 swears that the invention claimed by him, 
 was as open and public as the sunlight. He 
 had filed a caveat at Washington, and under 
 General Burnsido's order, he came to Indian- 
 apolis, and brought ijl to the notice of the 
 Governor, General Wilcox, and others, as he 
 had done in other States. Thus, this specter, 
 which seemed so fearful and ghostly, at one 
 time, vanishes into- thin air, and Colonel 
 Bowles is relieved of another incubus which 
 amateur swearing had placed on his vitals. 
 Stidger attempts to damage Colonel Bowles 
 still further, by swearing that Bowles said 
 he had communication with rebels South. 
 This, I venture, is all moonshine, like the 
 rest. But after all Stidger's bold fancies, and 
 his equivocal truths, he has not the effrontery 
 to say that Bowles ever concurred in, assented 
 to, or acted upon Bodd'^ scheme of insurrec- 
 tion ; but, on the contrary, he refused to have 
 
 any thing to do with it, except on conditions 
 which never happened, and could not happen, 
 and this refusal of Colonel Bowles proves that 
 no such scheme was agreed on at Chicago, 
 and that he refused to agree upon ony with 
 Dodd at Indianapolis. No other witness 
 attempts to connect Bowles with any actual 
 conspiracy, and he falls short in the very es- 
 sential point of consent and agreement. If 
 Bowles had his own method and plan of bring- 
 ing about the compromise between the two 
 sections, and Dodd and Bullitt dissented, that 
 was their fault, and not the fault of Colonel 
 Bowles. Then if Colonel Bowles is not guilty 
 of any of the charges, by reason of the Greek 
 fire phantom — by holding correspondence 
 with the public enemy — by arming the people 
 for resistance to public authority — by contri- 
 buting money to Booking — by joining Dodd 
 in his wild schemes — nor by receiving a part 
 of the rebel funds — nor by agreeing at Chicago, 
 or elsewhere, to an uprising — then he must 
 be acquitted on every charge, unless, indeed, 
 his membership in the order convicts him — 
 but this latter proposition is without either 
 authority orreason tosupportit. So if Colonel 
 Bowles be convicted, it must be either, first, by 
 force of the guilty character of the order, 
 which would be monstrous — or secondly, by 
 force of the statements and declarations of 
 members of the order, vague and distorted by 
 bad memory, and made veracity — or thirdly, 
 by force of the testimony of spies and detec- 
 tives, equally supported and contradicted, by 
 professedly guilty accomplices, who purchase 
 immunity from punishment by turning State's 
 evidence. Will the Court bo satisfied with a 
 conviction on such testimony ? According to 
 the law books, it is a very dangerous charac- 
 ter of testimony. And when it is considered 
 that you must find the defendants guilty be- 
 yond a reasonable doubt — and guilty of every 
 essential element of the offense, without a 
 reasonable doubt — Colonel Bowles feels strong 
 in the law and the evidence — though feeble 
 with disease, and infirm with age. 
 
 The Court will not fail to take notice, that 
 the Government, the better to secure the con- 
 viction of these defendants, has not only 
 pressed into the service accomplices, who 
 prove themselves to bo more guilty than most 
 of those remaining on trial, but avails itself 
 also of the labor and testimony of detectives, 
 spies, and informers. He must be an innocent 
 man indeed, or a prodigy of skill and man- 
 agement, or a miracle of luck, under a special 
 Providpnce, who can escape from the meshes 
 and machinations of such a formidable horde 
 of accomplices, informers, detectives and spies. 
 By the indulgence of the Court, I avail myself 
 of the opinion of an eminent English histo- 
 rian, who described a late period of English 
 history, in order to fix the moral and legal 
 status of such witnesses, pn the present trial, 
 and in addition to which, I shall not offer any 
 observations of my own — further than to say, 
 that the law of evidence holds spies, detec- 
 tives, informers, accomplices, and those who 
 turn State's evidence, in very great detesta- 
 tion; and while such witnesses are competent, 
 very little credit is given their testimony. X 
 
236 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 quote from Jfoy'i Constitutional History of Eng- 
 land: 
 
 "Next in importanc« to personal freedom, is 
 immunity from suspicious and jealous obser- 
 vations. Men may be without any restraint 
 upon their liberty ; they may pass to and fro 
 at pleasure; but if their steps are tracked by 
 spies and informers, their words noted down 
 for crimination, their associates watched as 
 conspirators — who shall say that they are 
 free? Nothing. is more revolting to English- 
 men than the espionage which forms part of 
 the administration system of continental des- 
 potisms. It haunts men like an evil genius, 
 chills their gayety, restrains their wit, casts a 
 shadow over their friendships, and blights 
 their domestic hearth. .The freedom of a coun- 
 try may be measured by its immunity from 
 this baleful agency. Rulers who distrust 
 their own people, must govern in a spirit of 
 absolutism ; and suspected subjects will ever 
 be sensible of their own wrongs. 
 
 "Our own countrymen have been compara- 
 tively free from this hateful interference with 
 their moral freedom. Yet we may find many 
 traces of a system repugnant to the liberal 
 policy of our laws. In 1764 we see spies fol- 
 lowing 'VVilkes every-where, dogging his steps 
 like shadows, and reporting every movement 
 of himself and his friends to the Secretaries of 
 State. Nothing was too insignificant for the 
 curiosity of these exalted magistrates. Every 
 visit he paid or received throughout the day 
 was noted; the persons he chanced to encoun- 
 ter on the streets were not overlooked; it was 
 known where he dined, or went to church, and 
 at what hour he returned home at night. 
 
 "In the State trials (England) of 1794, we 
 discover spies and informers in the witness 
 bo;x, who had been active members of politi- 
 cal societies, sharing their .councils, and en- 
 couraging, if not prompting their criminal 
 extravagance. And throughout that period of 
 dread and suspicion, society was every-where 
 infested with espionage. 
 
 "Again, in 1817, Government spies were 
 deeply compromised in the turbulence and se- 
 dition of that period. Castle, a spy of infa- 
 mous character, having uttered the most se'di- 
 tious language, and incited the people to arm, 
 proved in the witness-box the very crimes he 
 had himself prompted and encouraged. An- 
 other spy, named Oliver, proceeded into the 
 disturbed districts, in the character of a Lon- 
 don delegate, and remained for many weeks 
 amongst the deluded operatives, every-where 
 instigating them to rise and arm. He en- 
 couraged them with hopes that, in the event 
 of a rising, they would be assisted by a hun- 
 dred and iifty thousand men in the metropo- 
 lis; and thrusting himself into their society, 
 he concealed the craft of a spy under the dis- 
 guise of a traitorous conspirator. Before he 
 undertook this shameful mission he was in 
 communication with the Ministers, and 
 throughout his mischievous* progress was cor- 
 responding with the Government or its agents. 
 There is little doubt that Oliver did more to 
 disturb the public peace by his malign influ- 
 ence, than to protect it by timely information 
 to the Government. The agent was mischiev- 
 
 ous, and his principals could not wholly es- 
 cape the blame of his misdeeds. To the sever- 
 ity of oppressive measures and a vigorous 
 administration of the law, was added the re- 
 proach of a secret alliance between the Exec- 
 utive and a wretch who had at once bought 
 and betrayed his victims. 
 
 "The relations between the Government and 
 its informers are of extreme delicacy. Not to 
 profit by timely information were a crime, but 
 to retain in Government pay, and to reward 
 spies and informers who consort with conspir- 
 ators as their sworn accomplices, and encour- 
 age while they betray them in their crimes, 
 is a practice for which no plea can bo ottered. 
 No Government, indeed, can be supposed to 
 have expressly instructed its spies to instigate 
 the perpetration of crimes; but to be unsus- 
 pected, every spy must be zealous in the cause 
 which he pretends to have espoused; and his 
 zeal in a criminal enterprise is a direct en- 
 couragement of crime. So odious is (and 
 should be) the character of a spy (or informer) 
 that his ignominy is shared by his employers, 
 against whom the public feeling has never 
 failed to pronounce itself, in proportion to the 
 infamy of the agent and the complicity of 
 those whom he served." 
 
 It has always been my habit in criminal tri- 
 als, whatever I may have thought of the prob- 
 abilities of conviction, to address the jury on 
 the contingent measure of punishment, and at 
 the hazard of misconstruction, I will invite 
 your attention to that question. You, gentle- 
 men, unlike the common law tribunals, are 
 neither limited in the range of your juris- 
 diction, nor circumscribed in the measure of 
 your punishments. The Constitution of tho 
 United States furnishes no guide other than 
 the injunction, that cruel and unusual pun- 
 ishments shall not be inflicted, nor excessive 
 fines imposed — even if this inhibition applies 
 to tribunals organized under the laws of war — 
 upon which there might be great differences 
 of opinion among fair-minded men — since 
 many military punishments are unusual and 
 unknown to the common law courts. The 
 Constitution of the State of Indiana, in a 
 spirit of recognition of, and homage to, the 
 advanced and advancing state of criminal 
 jurisprudence, in the Christian world, pro- 
 vides that "cruel and unusual punishments 
 shall not be inflicted" — and that the "penal 
 code shall be founded on the principles of 
 reformation, not of vindictive, justice." All 
 penalties shall be proportioned to the nature 
 of the " offense." These provisions are alike 
 mandatory to courts and legislators, and em- 
 brace, if not in their letter, at least in their 
 spirit, all citizens and alltribunals. But it is 
 unworthy of any tribunal, in court or camp, . 
 in church or State, to make vindictive justice 
 tho measure of punishment. Punishment in 
 the State has the same wise ends i;i view, and 
 the same restraints and proprieties, upon its 
 indulgence, as in the family, circle — not to 
 gratify revenge — not in the spirit of execra- 
 tion, for the kind of crime of which he is convict, 
 ed — nor to punish the offender in the name of 
 one crime, for a great many other short-com- 
 ings, for which the law had fixed no penalty 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 237 
 
 By the act of Congress of July 17, 1862, 
 death — or in the discretion of the Court, im- 
 prisonment, for a period of not less than five 
 years, and not less than ten thousand dollars 
 fine — is imposed for the crime of treason. 
 
 For the crime of putting on foot insurrec- 
 tion, and giving aid and comfort to rebels, the 
 same act prescribes imprisonment not exceed- 
 ing ten years, or by fine not exceeding ten 
 thousand dollars, or by both. And for either 
 of these offenses, a confiscation of all prop- 
 erty follows. Those two offenses arc embraced 
 in the accusation against the accused. It is 
 also provided by the act of Congress of July 
 31, 1861, that the offense of conspiracy shall 
 be punished by a, fine of not less than five 
 hundred dollars nor mor^ than five thousand 
 dollars, or by imprisonment, with or without 
 hard labor, astho court shall determine, for a 
 period of not less than six months, nor greater 
 than six years, or by both. This is also one 
 of the ofl^enses embraced in the accusation 
 against all the accused. The other two offenses, 
 of "inciting insurrection," and "disloyal 
 practices," are not defined or punished by any 
 act of Congress, and you must look for the 
 penalties, when you look for the law. 
 
 Now, it may be argued, that as this Court 
 derives its jurisdiction to try common law of- 
 fenses from the laws of war, that you will 
 look to the laws of war for the definition of 
 crimes, and the fixation of their penalties. 
 There is some force in this argument, I admit — 
 but it carries a crushing retroactive stroke of 
 logic against the jurisdiction itself. For if 
 the jurisdiction rests on no law — and all 
 crimes and penalties are to bo looked for 
 among the dim and stained repositories of the 
 laws of war, or among the fickle, ubiquitous, 
 but unknown fountains of martial law — then 
 we have lost our foothold on the terra firma of 
 law, and have become the sport of the winds 
 and waves that are bearing us, at this time, 
 to an unknown shore. The latitude and long- 
 itude of judicial navigation are lost — inno- 
 cence has no sure protection, and guilt no cer- 
 tain punishment — might giyes right — law 
 hides itself, and justice is measured by the 
 strength and will of the tribunal and the de- 
 fenseless condition of the accused. This is 
 abstract argument, not intended for this Court, 
 whose courtesy and justice, thus far, we have 
 had so much reason to commend. But at least, 
 if conscience demands the conviction of one 
 or more of the accused, it would be a conso- 
 lation and a shield of justification, hereafter, 
 when our political skies have cleared away, to 
 know, that if you could point to no statute 
 for your jurisdiction, that you could for the 
 crime and its penalty. 
 
 The true criterion, doubtless, is that medial 
 line, which by its severity — but more by its 
 certainty — deters the incorrigible, and reforms 
 the penitent offender — while its cruelty and 
 
 vindictiveness do not give a greater shook to 
 the public sense than did the crime for which 
 ho is punished — and create a sympathy for the 
 offender and horror for the Court. Those are 
 unfavorable times for the admeasurement of 
 punishment, all must admit, where the offense, 
 or the offender, has to stem the sirocco breath 
 of our nation's present heavy breathings. Tlio 
 outside current is strong against the secret or- 
 der of the Sons of Liberty, and if a defense of 
 the accused necessarily involved a defense of 
 the order, as a political institution, I should 
 despair of the task. Time, and a very limited 
 exercise of reason, will make plain to the 
 popular mind, as it has already to this 
 Court, I trust, the difference between the crim- 
 inality of the order, and the criminality of par- 
 ticular members, at remote distances from each 
 other. And when this mingled pageant of 
 bright bayonets and bloody horrors—of mil- 
 itary victories and political defeats — of rival 
 military and civil courts — shall have passed 
 away — and when reason shall dethrone pas- 
 sion, and when, this great nation, with gar- 
 ments now bathed in blood, shall lift her head 
 above the clouds, and clothe herself again in 
 the majesty of law — may we have no record of 
 these cases, that we or posterity will blush to 
 read. When the unclouded intellect of the 
 nation is again supreme, in its sway, much 
 of the work, besides that of the Sons of Liberty, 
 to which prejudice and malignity are now de- 
 voted, will not receive the sanction, even, of 
 popular approval. 
 
 Now, Mr. President, and gentlemen of the 
 Commission, my task is done, whilst yours, in 
 its gravest responsibility, is before you. 
 Humphreys has an unblemished character, 
 the growth of many sacrifices, and the exer- 
 cise of many virtues — he has a career of honor 
 and usefulness among men, in the future — he 
 has an interesting family, whose fate, fortune 
 and happiness are involved in his own — he 
 has a noble, dauntless, unbroken spirit, which 
 he would not exchange for that of all his 
 accusers — he has life, liberty and happiness — 
 all staked on the issue ; and I commit them 
 all to your keeping. 
 
 And here is Colonel Bowles, sobered alike 
 by age and the solemnity of the crisis that has 
 overtaken him — with a frame bowed, some- 
 what, by the storms of life — intimately iden- 
 tified with the past legislative and military 
 history of our State — soon, in the course of 
 nature, nothing will remain of him but his 
 memory — he fondly hopes that his nj,emory is 
 not to be blackened by the stigma of convic- 
 tion — his family and friends will gather 
 around his grave, and protect that memory, 
 when dead, if you will shield it while living. 
 You might convict and remove him, bu>t great 
 abuses, bad laws, and defective institutions, 
 would still remain. I commend him to your 
 mercy. 
 
ARGUMENT OF JOHN R. COFFROTH, 
 
 IN DEFENSE OP 
 
 L. P. MILLIGAN. 
 
 Mr. Fresident and Gentlemen of the Commission: 
 
 I am counsel for Mr. Milligan alone. My 
 argument, therefore, will be more especially 
 directed to matters which concern his defense. 
 
 These defendants are on joint trial; their 
 motion for separate trials having been denied 
 them by this Commission. That matter is 
 passed, and I do not wish to refer to it com- 
 plainingly — propriety forbids it; but, as an 
 act of truth, as well as of simple justice to my 
 client, it is my duty to state, most solemnly, 
 that that refusal has most materially and 
 vitally embarrassed and prejudiced his de- 
 fense. Evidence of the most vital importance 
 to hira was not introduced from the selfish op- 
 position of a co-defendant, induced by the fear 
 that that evidence m,ight remotely affect him. 
 We yielded to that opposition, even to the 
 prejudice of my client's good name, beyond 
 which, in this trial, he haS' but little concern. 
 
 By the common law of practice, a separate 
 trial of persons jointly charged with a felony, 
 has been rarely refused, even in cases where 
 the accused were charged with the commission 
 of a single act, committed at the same time 
 and place; while in this, and many other 
 States, the separate trial of persons, jointly 
 indicted for a felony, is expressly guaranteed 
 by statute. I only refer to this matter in ex- 
 planation of our silence on points upon which 
 we otherwise should have been heard "trumpet- 
 tongued" by the evidence. 
 
 Tills is a remarkable case, not only in its 
 inception, but in its progress. Strange lights 
 have glcataed in upon us, showing the baleful 
 effects of partisan selfishness and malice; for 
 this cause has assumed in its progress more 
 of a political than a criminal prosecution. 
 You are sitting in judgment upon political 
 opponents for alleged political offenses: let 
 the history of the past admonish you against 
 lending a too Willing ear to what may be the 
 perjured tale of accomplices, paid spies or in- 
 formers. This is a State trial, a political 
 trial; and in all such trials, the tribunal be- 
 fore which the accused are immediately held 
 to answer, is not the only one that sits in 
 judgment. The cause before this tribunal is 
 about to close; but it is continued, for the 
 sober second thought, before that other self- 
 correcting tribunal — public opinion — whose 
 decree frequently reverses the first hasty de- 
 cision, and whose final judgment is most gen- 
 erally right. It is true that that final judg- 
 ment may come too late for Mr. Milligan, but 
 238 
 
 his children will reap its advantage. "The 
 mills of the gods grind slowly, but they grind 
 exceedingly fine." I shall be pardoned foi 
 this allusion, if it be remembered that it is 
 very difficult to live in a poisoned atmosphere 
 without inhaling a portion of the miasma. 
 
 During the whole progress of this trial, par- 
 tisan hate, with blind and fiendish malignity, 
 has been demanding blood. In many of the 
 public journals, the evidence has been gar- 
 bled, misrepresented and perverted, and then 
 criticised — begetting a mad fury in the minds 
 of a victorious party, dethroning truth, and 
 making us, at times, tremble for fear of a par- 
 tial judgment. But, fortunately for the cause 
 of justice, during the lengthy progress of the 
 trial, the storm has, in some measure, spent it^ 
 fury, and already the truth begins to peep 
 from behind the cloud. The first judgment of 
 that other tribunal is even now undergoing 
 review. The voices that cried "hosannah," 
 afterward shouted "crucify;" and the wild ac- 
 claim that welcomed the return of King 
 Charles, and proclaimed the Restoration, came 
 from the same throats that had howled with 
 savage fury for his blood. 
 
 " HeareBt thou," he said, •• the loud acclaim, 
 With which they Ghout the Douglas^ name ; 
 With like acclaim tlie vulgar throat 
 Strained for King Jamee their morniDg note ; 
 With like acclaim they haird the day 
 When first I broke the Douglas' sway ; 
 Aud like acclaim would Douglas greet 
 If he could hurl me from my seat." 
 
 The first question in order that presents 
 itself, in the consideration of this cause, is as 
 to the jurisdiction of this military tribunal to 
 try these defendants, who are all citizens of 
 Indiana, and in no wise connected with the 
 army or navy of the United States; and, 
 therefore, entitled, by the Federal Constitu- 
 tion, to "a speedy and public trial, by an im- 
 partial jury of the State and district wherein 
 the crime shall have "been committed," and not 
 by such a tribunal as this Commission, com- 
 posed, as it is, of citizens of Indiana, Michi- 
 gan and Massachusetts. But this question of 
 jurisdiction has been so ably and so fully 
 argued by my learned brother, Gordon, (wKo 
 is counsel for other of the defendants,) that 
 any further elucidation is unnecessary, if not 
 impossible; for the whole subject, to my mind, 
 has been, by him, most learnedly and ex- 
 haustively argued. 
 
 Allow me, then, at once, to call your atten- 
 tion to the charges, and to the' evidence in 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 239 
 
 support of them. The charges are as fol- 
 lows; 
 
 1. Conspiracy against the Government of 
 the United States. 
 
 2. Affording aid and oomfbrt to rebels 
 aguinst the authority of the United States. 
 
 3. Inciting insurrection. 
 
 4. Disloyal practices. 
 
 5. Violating the laws of war. 
 
 The gist of the specification to these chargSs 
 may be thus stated: That these defendants or- 
 ganized and disseminated, and were members 
 of the "Order of American Knights, or Sons 
 of Liberty," which was both civil and mili- 
 tary ; that this society was unlawful and 
 treasonable; that it was armed, and was de- 
 signed to aid the rebels, and to overthrow the 
 Government; that the defendants conspired 
 with Dodd, and others, to seize certain State 
 and United States Arsenals, and to release and 
 arm rebel prisoners. That they counseled and 
 incited resistance to the draft, and attempted 
 to introduce the enemies of the United States 
 within the loyal portions thereof, and held 
 communication with thetn. 
 
 In support of these charges and specifica- 
 tions, the main facts proven against Mr. Milli- 
 gan are, that he is a member of the '-Order of 
 American Knights, or Sons of Liberty;" that 
 he attended two Grand Councils of the society, 
 held at Indianapolis, the one in November, 
 1803, and the other in June, 18G4; and that he 
 was appointed by the order a Major-Goneral 
 thereof. Some minor matters of evidence will 
 be noticed in the course of this argument. 
 ■We are, therefore, at once led to the inquiry, 
 was the Order of American Knights a con- 
 spiracy ^er se, and was it treasonable? 
 
 "A conspiracy is a corrupt agreeing together, 
 by two or more, to do, by concerted action, 
 something unlawful, either as a means or an 
 end." 2 Bishop Grim. Law, ? 149. The legality 
 of the agreement, then, becomes a pertinent 
 question in this branch of our inquiry, or, 
 rather, the illegality of the act or acts that are 
 agreed to be done. It, therefore, becomes 
 necessary to institute a careful examination of 
 the several acts that the "Sons of Liberty" 
 agreed to do; and, first, let us look at the 
 ground work of that society — at its declara- 
 tion of principles. 
 
 And, while reading, I ask you to forget, for 
 the time being, that they are, in any way, con- 
 nected with the Sons of Liberty, and then let 
 us ask ourselves what part we will condemn. 
 
 " nECtARATION OF PRINCIPLES. 
 
 "1st. Essence Ethereal, Eternal, Supreme — 
 by us called God — hath created, pervades and 
 controls the universe! dwells in man, and is 
 the DivisiTT within him. 
 
 "Sponsors — Amen. 
 
 "2d. All men are endowed by the Creator 
 with certain rights, equal only so far as there is 
 equality in the capacity for the appreciation, 
 enjoyment and exercise of those rights, some 
 of which are inalienable, while others may, 
 by voluntary act or consent, be qualified, sus- 
 pended or relinquished, for the purpose of social 
 governmental organization, or may be taken 
 away from the individual by the supremacy of 
 
 the law which he himself hath ordained, in 
 conjunction with his fellows, for their mutual 
 protection and advancement toward perfect 
 civilization. 
 
 "3d. Government arises from the necessities 
 of a well organized society. 
 
 "4th. Eight government derives its sole au- 
 thority from the will of the govei-ned, expressly 
 declared. [ The majority should express sueh will in 
 the mode ivhich the unanimous voice shall approve, 
 always guaranteeing to each individual, unless he 
 shall have been restrained by the law, the privilege 
 and opportunity to make known his opinion and 
 express his will in regard to all matters relating or 
 pertaining to the Government.'] 
 
 "5th. The grand piirpose of government is 
 the welfare of the governed; its success is 
 measured by the degree of progress, which 
 the people shall have attained to the most ex- 
 alted civilization. 
 
 "6th. Government founded on the princi- 
 ples enunciated in the foregoing propositions 
 is designated Democracy. The division of a 
 Territory, where it exists, is usually called a 
 Republic, sometimes a State. 
 
 "7th. Reflection, observation and experience 
 seem to have established, in the minds of wise 
 and impartial men, the conclusion that 'De- 
 mocracy,' properly organized upon the great 
 principles which our Revolutionary ancestors, 
 patriots and sages, held, inculcated and de- 
 fended, best achieved the grand and munifi- 
 cent end of human government. 
 
 "8th. The Government organized and ex- 
 isting in the original thirteen States of North 
 America, when they had severally and unitedly 
 renounced their allegiance to the Government 
 of Great Britain, and dissolved their former 
 colonial relations, we regard as the wisest and 
 best adapted to the nature and character of 
 the people inhabiting the continent of North 
 America at the present day. Under the be- 
 nign influence of that Government a nation 
 has arisen, and attained u, degree of jower 
 and splendor which has no parallel in the 
 history of the human race. 
 
 "9th. The Government designated 'The 
 United States of America,' which blazons the 
 historic p^ige, and shed its light along the 
 path of future ages, was the transcendent 
 conception and mighty achievement of wis- 
 dom, enlightened patriotism and virtue, which 
 appear to have passed from earth amidst the 
 fading glories of the golden era, which they 
 illustrated with immortal splendor. That 
 Government was created originally by thirteen 
 free, sovereign and independent States, for their 
 mutual benefit, to administer the affairs of 
 their common interest and concern; being en- 
 dowed with the powers, dignity and su- 
 premacy, and no further, or other, which are 
 distinctly specified, and warranted, and con- 
 ferred by the strict letter of the immortal 
 compact — the Constitution qf the United States. 
 
 " Sponsors — Amen.", 
 
 I ask you to read this declaration of princi- 
 ples, and to examine them closely. Are they 
 not, BO far as they have any signification, the 
 very principles upon which our Government 
 was administered in the "better days of the 
 
240 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 Eepublic," when it was in the very noontide 
 of its prosperity and glory ; and which have 
 canonized their authors as the apostles of civil 
 liberty in America ? Which one of those 
 principles is it unlawful to hold, inculcate 
 and defend ? But I pass from them as need- 
 ing no comment. 
 
 But, perhaps, the obligations of the order 
 are thought to be objectionable ? During the 
 progress of this trial, our attention has been 
 particularly called to the following clause, as 
 ihe only obnoxious one I by the frequency 
 with which it has been read to the witnesses : 
 
 " I do further swear that I will, at all times, 
 if needs be, take up arms in the cause of the 
 oppressed — in my own country first of all — 
 against any monarch, prince, potentate, power or 
 government hscbped, which may be found in 
 arms, waging war against a people or peoples, 
 who are endeavoring to establish or have in- 
 augurated a government for themselves, in 
 accordance with, and founded upon, the eter- 
 nal principles of truth, which I have sworn 
 in the Vestibule, and now in this presence do 
 swear to maintain inviolate and defend with 
 my life." 
 
 There is no agreement here to do a particu- 
 lar act ; it is a mere promise, upon a given 
 case which may never arise — for we trust that 
 the Government will not adopt the necessity 
 of admitting that any of the contingencies 
 upon which this obligation presupposes the 
 taking up of arms as necessary, have hap- 
 pened or do exist, or that there is even a prox- 
 imate likelihood of their happening — and 
 which the accused say, by their action and 
 inaction, have not happened. Let us analyze 
 this pledge. And first, who were they to take 
 up arms against? "A monarch, prince, po- 
 tentate, power, or government usurped." 
 Now, we 'feel confident that we may, with 
 propriety, dismiss all the objects of this seem- 
 ing warlike proposition, except the last, fot 
 the reason that we can not believe that the 
 Government will insist that in this, our coun- 
 try, " any monarch or prince " has been 
 "found in arms," etc. We will, therefore, con- 
 fine our remarks to the last proposition, that 
 is, as to a "power or government usurped;" 
 and I here ask the learned Judge Advocate if 
 he is prepared to proclaim to the world that 
 this Government is a usurped one, in order to 
 make this obligation to take up arms apply to 
 it? The declaration would be as" startling as 
 any that the defendants are charged with. 
 
 I have no purpose to conceal the views of 
 Mr. Milligan, and freely admit that he may 
 have said, what every intelligent man in 
 America knows, that the President, the Con- 
 gress, and the military authorities, have each 
 and all exercised particular powers that did 
 not belong to them ; yet, I submit that he is a 
 gentleman of too much intelligence to enter- 
 tain or' express the opinion that our Federal 
 Government is an usurped one, or that Mr. 
 Lincoln is not the lawful President, elected 
 according lo the .forms of law, and, as such, 
 entitled to the respect^due to his station. 
 True, the defendant has criticised Mr. Lin- 
 coln's acts, and so have the American people, 
 as they have claimed and exercised the right 
 
 to criticise the acts of all administrations 
 since our existence as a people, Washington's 
 not excepted. The exercise of denied powers, 
 history informs us, has by the people usually 
 been denominated usurpations. But, I trust, 
 this Commission will not lose sight of the dis- 
 tinction between charging a legitimate Gov- 
 ernment with exercising powers denied to 
 it — using the term "usurp" with reference 
 to the exercise of such powers — and charging 
 a Government with being a usurped one. But, 
 if any one should, unfortunately for the defense, 
 be of opinion that the Government is a usurpa- 
 tion, still I insist that neither the defendants 
 as individuals, nor the Order of American 
 Knights, or Sons of Liberty, ever entertained 
 or expressed such sentiments, but that they 
 have ever treated the Government, including 
 the President, the Courts, the Congress, and 
 the Army, as legitimate, each in its sphere. 
 For the proof of this I appeal to their acts. 
 Where has that order taken up arms or made 
 any preparation to do so, either by organizing, 
 arming or drilling the members ? But it is 
 claimed that Mr. Milligan, in public speeches, 
 advised resistance to any encroachment upon 
 the elective franchise. Suppose he did ; who 
 would not and be a man? And suppose fur- 
 ther that he expressed the opinion that these 
 encroachments would come from the army I 
 Yet, will it be assumed that such encroach- 
 ments, had they come, would have been the 
 act of the Government? and that resistance 
 to such encroachments would be resistance to 
 the Government? If so, then there are mil- 
 lions of men aspiring to be freemen, who are 
 guilty criminals, deserving the fate now 
 threatened these defendants. 
 
 That this obligation did not contemplate the 
 taking up of arms against the Federal Gov- 
 ernment, is fully shown by the fact-that the 
 order did not take up arms ; nor was any re- 
 solve or movement made in any of its author- 
 ized councils, temples, or mgetings, to do so, 
 but, on the contrary, the evidence of Mr. 
 Ibach shows, that at the Grand Council of . 
 June, 1864, on a resolution being introduced, 
 pledging the order to resist the draft, it was 
 promptly and with great unanimity voted 
 down ; and that the belligerent gentleman 
 who introduced the resolution, went away 
 much dissatisfied with the Order. And may 
 ho not have been some bosom friend of General 
 Carrington, a la Stidger and Zumro ? That 
 there may have been persons in the organiza- 
 tion who would have gazed with delight upon 
 the torch being applied that should kindle the 
 flames of civil war, and who hoped to find a 
 helping hand in the order, I do not deny; but, 
 from the evidence, I do deny that the order had 
 any such purpose. Nor is the order respon- 
 sible for tiie individual acts of its members, 
 any more than a Church, or a lodge of Masons, 
 is responsible for the treasonable acts of any 
 or oven all of its members. Mr. Harrison esti- 
 mates the number of the order in Indiana at 
 18,000. I respectfully ask the Judge Advo- 
 cate if he will say, that that mighty host are 
 all responsible for the insane ravings and 
 actions of Dodd & Co., and therefore traitors? 
 If so, why have they not been arrested? Why 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 241 
 
 are they not brought liefore a military tribu- 
 nal, and put through the forms of trial and 
 ■hanged ? If they are traitors, thoy should bo. 
 What !L grand spectacle it would present I 
 How proud would be the bearing of that brave 
 and gallant General who has, by his paid spies 
 and informers, been so industriously extending 
 this order, duping innocent men into it, ini- 
 tiating rebel officers, carrying messages be- 
 tween Dodd & Co., and traitors in arms, and 
 facilitating by all possible means the grand 
 carniTal of blood that was to have been inaug- 
 urated in this city on the 16th of last August I 
 It is true, the accumulated wail of widows 
 and orphans would have risen, even to the 
 threshold of the Courts of Heaven, and what 
 of all that ? the strength of the Democratic 
 party would be very much broken, and the 
 soul of John Brown would go "marching on." 
 
 We have been informed that the commanders 
 of armies frequently resort to such means. 
 Possibly. But who ever heard of a com- 
 mander sending out agents to recruit for the 
 ranks of an enemy? What would be thought 
 of General Grant if he should send out 
 agents to recruit for the purpose of filling 
 up the decimated ranks of Lee's army? And 
 yet Carrington paid and encouraged Stidger 
 to extend, as rapidly as possible, an organiza- 
 tion that is claimed to be treasonable. And 
 ^mro, another of his infamous spies, in- 
 veigled innocent and unsuspecting farmers 
 into it for the purpose of betraying them into 
 peril. 
 
 But I must refer, again, to that obnoxious 
 obligation, in order to obtain a fair and ra- 
 tional interpretation of its phraseology, and 
 to ascertain if it is not consistent with patri- 
 otism and mo^t devoted loyalty, if you please. 
 It is a promise to take up arms, if needs be, 
 against particular forms of Government, 
 "found in arms, waging war against a people 
 or peoples who are endeavoring to establish 
 or have inaugurated a government for them- 
 selves, of their own free choice, and in ac- 
 cordance with, and founded upon, the eternal 
 principles of truth." Having shown that no 
 usurped Government exis* in this country, 
 and that the order has not found it necessary 
 to take up arms at all; let us endeavor to as- 
 certain if the contingency has happened, upon 
 which they obligated themselves to take up 
 arms for the people or peoples in whose behalf 
 they propose to volunteer. And we inquire 
 where is that people "who have established or 
 inaugurated a government of their own free 
 choice, and in accordance with, and faunded 
 upon, the eternal principles of truth?" It will 
 not do to say that the Southern Confederacy 
 is that people, for it would be a eulogy on 
 Jeff Davis' Government more glowing than 
 any Son of Liberty ever uttered. Is their 
 cause that of the oppressed? Is our Govern- 
 ment a usurpation? Is the Southern Confed- 
 eracy founded upon the eternal principles of 
 truth? All this must be admitted in 'order to 
 make a state of tbings upon which they agreed 
 to take up arms. 
 
 But it is claimed that this obligation has a 
 different meaning, known to aiA understood 
 by the order. Allow me to invito your atten- 
 16 
 
 tion to the evidence upon that point. There 
 are but three witnesses whose testimony tends 
 to support that view: Tranter, Teney and 
 Robertson. A case must be desperate indeed 
 which relies for support on the testimony of 
 such witnesses — ignorant and stupid beyond 
 comparison. I nm at a loss to know how the 
 latter ever found his way from the woods of 
 Randolph county to this Capitol; the other 
 two were drafted and duly escorted here, and 
 no doubt testified under the hope of indul- 
 gence from the draft in proportion as their 
 testimony might prove valuable. Tranter and 
 Teney contradict each other in almost every 
 particular, except that they both swear that 
 John W. Stone told them that the Circle of the 
 Mighty Host, and also the Golden Circle, were 
 to "assist Jeff Davis north and south." Tran- 
 ter swears that this obligation was a part of 
 the Golden Circle, but not of the Mighty Host. 
 Teney, who was not a member of the Golden 
 Circle, says that he was of the Mighty Host. 
 But neither of these pillars of the Government 
 was a, member of the American Knights or 
 Sons of Liberty. The evidence further shows 
 that both the defendant, Horsey, and the Gov- 
 ernment witness, Conncll, denied and repudi- 
 ated the declarations of John W. Stone, who, 
 for aught that appears in the evidence, may 
 have been a Stidger or a Zumro. But in op- 
 position to this apology for testimony, we have 
 the evidence of two Government witnesses, 
 Messrs. Bingham and Harrison, and in addi- 
 tion thereto the testimony of the large array 
 of witnesses for the defendants — all of the 
 most honorable cliaraoter, and many holding 
 the highest social and official positions — com- 
 ing from various sections of the State, all 
 bearing witness to the fact that the objects 
 of the order were purely political, and in- 
 tended solely to operate upon the elections by 
 a more systematic organization of the Demo- 
 cratic party ; just as the Republican party 
 was doing through the instrumentality of the 
 Loyal League, which it was intended to coun- 
 teract; and none of them understanding the 
 obligation to mean any thing more than it 
 said, or than the words themselves rationally 
 implied. The testimony of Mr. Bingham is 
 conclusive upon this point; he early became a 
 member, attended Grand Councils, acted on 
 committees, and was in almost daily inter- 
 course with Dodd and other leading members 
 of the ordeV, and yet never knew of any 
 other than its political character until Dodd 
 revealed his insane and hellish proposition, 
 when he immediately took measures to circum- 
 vent it. And, I submit, that the conduct of 
 Mr. Bingham is in a commendable contrast to 
 that of the authorities. As soon as he was 
 informed of Dodd's proposed plot, his best ef- 
 forts were at once directed to paralyze the em- 
 bryo rebellion; while, on the other hand, tlic 
 authorities who knew it all, long before Mr. 
 Bingham did, instead of destroying it, were 
 nursing and encouraging it, that it might 
 bring forth the ripe fruit of anarchy, strife, 
 and bloodshed. The, evidence of Stidger, their 
 detective and witness, sliows that while under 
 the pay and direction of Carrington, and witli 
 his consent and approbation, he (Stidger) was 
 
242 
 
 TKBASON TRIALS AT INDIANAPOLIS. 
 
 extending the order as rapidly as possible, 
 both in Indiana and Kentucky; that with the 
 same approbation he initiated rebel officers, 
 carried messages between Dodd and others 
 and ofScers in the Confederate service, and af- 
 forded every facility to Dodd and his immedi- 
 ate coiifederates to arrange and perfect the 
 plan for the inauguration of civil war in In- 
 diana, keeping the authorities here constantly 
 advised of every movement, by regular and 
 frequent reports; and all this for the sole pui-- 
 pose of influencing the then pending elections ! 
 History affords no parallel to the dark, malig- 
 nant designs against peace and good order, on 
 the part of those intrusted with their preser- 
 vation. They were fully advised of the exist- 
 ence of what they claim to have been a most 
 infernal conspiracy against the peace of the 
 State; they witnessed the maturing of the 
 scheme; they watched the preparation of the 
 brand that was to enkindle civil war, and yet 
 raised not a finger to stop it. Like the tiger, 
 standing at the edge of his jungle, watching 
 the unfortunate traveler as he comes along, 
 springs upon his victim, crushes his bones and 
 laps up his blood; so they looked with savage 
 delight upon the proposed uprising, regarding 
 no other consequence than its probable influ- 
 ence upon the elections. It seemed to matter 
 little to them, though the fire of civil war 
 should desolate our homes, and cause the 
 "shuddering mother to hug her babe more 
 closely to her bosom," so that they could only 
 remain masters of the burnt and blackened 
 field. If Mr. Milligan merits penalties for 
 knowing nolhing about these alleged conspira- 
 cies, what meed of punishment is due to those 
 authorities ? 
 
 According to the theory of the prosecution, 
 Biugbam was a Son of Liberty, and therefore 
 a co-conspirator with Dodd; and yet it is to 
 Bingham, and not to the authorities, that the 
 people of Indiana are indebted for being saved 
 from the v.'oes and hoj'r'ors of civil war. He 
 quenched the flame that the authorities were 
 fanning. While they wei-e nursing, he was 
 stifling it. This may not unjustly have given 
 rise to the dark suggestion, now current 
 throughout the State, that Dodd was the mere 
 hired tool of Carrington and his co-conspira- 
 tors against the peace of the State. But it is 
 asked why did not Bingham denounce Dodd 
 to the authorities? My answer is, they knew 
 all about it, long before he did; and in turn, 
 I demand, on behalf of tjie people of Indiana, 
 whose homes were in jeopardy, why did the 
 authorities suffer Dodd and Walker to remain 
 in this city, unarrested, for weeks after they 
 were apprised of the whole plot? Surely they 
 could ngt have considered it dangerous. If I 
 am asked why Mr. Milligan did not act as did 
 Bingham; my answer is, that he had no 
 knowledge of the scheme until it was exposed 
 and abandoned. 
 
 But I return again to the consideration of 
 that obligation, as it is the only prop upon 
 which the prosecution can reasonably rest its 
 claim that the order is a conspiracy ^er se; 
 and I submit, that its meaning must be ascer- 
 tained by the same rules by which other 
 writings are construed by the courts — that is, 
 
 by the import of the words taken in their or- 
 dinary or common acceptation, the sense in 
 which they are generally used and received. 
 For, otherwise, how are the members to know 
 the meaning of the obligation, especially in 
 the absence of such lights as Captain Burke- 
 bile, Wesley Tranter and John W. Stone? Let 
 it be borne in mind that this order was_ secret, 
 and, therefore, ,there could be no motive for 
 making the obligation mean more than, or 
 different from what the language imported. 
 I submit, therefore, that the Commission will 
 not feel called upon to adopt a rule of interpre- 
 tation heretofore unknown to judicial investi- 
 gations, in order to make offensive that which 
 is otherwise harmless; and especially against 
 such an array of testimony to the contrary. 
 
 If the order of American Knights, or Sons 
 of Liberty, is a conspiracy per se, it is only a 
 conspiracy to do what the rational import of 
 the obligations, the ritual, and the declara- 
 tion of principles imposed upon its members 
 at the time they became such; and therefore, 
 no after agreement of certain of its members, 
 no matter hov/ high in rank, to do a particular 
 thing, not within the purview of the order, 
 can be charged to the order, nor to any of its 
 members not actually a party to such subse- 
 quent agreement. This I submit as a legal 
 proposition, and challenge contradiction. To 
 make the act or declaration of a conspirator 
 binding upon another, it must be made or 
 done in pursuance of the originally concerted 
 plan, and with reference to the common ob- 
 ject. 1 Greenl JEv., § 111, et seq.; 2 Stark. Sv., 
 233, et seq. 
 
 Let us apply this principle. And here I will 
 assume, with all confidence, that it will not be 
 held that any of the obligatioas of the order 
 proposed that Camps Morton, Douglas, etc., 
 were to be emptied of their prisoners. If that 
 was agreed to, who were the parties to the 
 agreement? From the evidence, if it was 
 agreed to at all, it was simply an open propo- 
 sition of Dodd's; or, if you choose to give it 
 the latitude'claimed by that "mud-sill" of in- 
 famy, who, after Wng on joint trial for three 
 weeks, turned inf^-mer, in order to purchase 
 his own release, illustrati-ng the truth of the 
 adage that "it is always the biggest scoundrel 
 that turns State's evidence;" — of that -crea- 
 ture — but I will not speak of him; contempt 
 has the property of descending very low, but 
 to even that there is a limit, and it therefore 
 stops far short of Horace Hcfi'ren. I repeat, if 
 we adopt his statement, that the parties to the 
 conspiracy to seize the arsenals and liberate 
 the prisoners, consisted of delegates from all 
 the States but two, and that all the delegates 
 were Sons of Liberty | yet, unless that con- 
 spiracy comes fairly within the purview of the 
 order, it implicates no one but the parties ac- 
 tually agreeing to the unlawful undertaking. 
 Dodd,_ Hcfi'ren, Wilson, and others, may have 
 conspired, but it was only their own con- 
 spiracy, and Mr. Milligan and other of the de- 
 fendants are not shown to have taken any 
 part in it, or to have had any knowledge of it, 
 and, therefore, are not conspirators with Dodd. 
 Hence, their declarations and admissions are 
 not legitimate evidence against this defendant. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 243 
 
 For example: Suppose that A conspires with 
 B to rob the mail, and that, during the exist- 
 ence of that conspiracy, B conspires with to 
 kill Governor Morton ; now, upon the trial of 
 A for the former conspiracy, the declarations 
 of B and C would not be competent, although 
 they are parties with A to another conspiracy. 
 Thus certain persons became members of the 
 Sons of Liberty; a part of them afterward, 
 without the knowledge or consent of the 
 others, conspired to seize arsenals and release 
 rebel prisoners, etc. Can those other members, 
 by any principle of law, be bound by the 
 declaration of those conspirators, or be held 
 to answer for their acts? Why, the evidence 
 shows that Dodd not only contemplated duping 
 and inveigling the Sons of Liberty into his 
 scheme, but also the whole Democratic party. 
 You might, therefore, with as much propriety, 
 hold the individual members of that party re- 
 sponsible, as the individual members of the 
 Sons of Liberty, who, like Mr. Milligan, (I 
 speak by the evidence,) had no knowledge of 
 it whatever. Says Mr. Justice BuUer, in 
 Hardy's case: "Before the evidence of the 
 conspiracy can affect the prisoner materially, 
 it is necessary to make out another point, to- 
 wit, that he consented to the extent that the others 
 did." 2 Stark. Eo., 234. And in the course of 
 the same trial, Mr. Roscoe says, "It was said 
 by Eyre, C. J., that in u, case of conspiracy, 
 general evidence of the thing conspired is 
 received, and then the party before the Court 
 is to be affected /oi- his share of it." Eos. Orim. 
 Ev., iU. 
 
 "The rule," says Mr. Starkie, "that one 
 man is not to be affected by the acts and 
 declarations of a stranger, rests upon the 
 principles of purest justice; and although the 
 courts, in cases of conspiracy, have, out of 
 convenience, and on account of the difficulty 
 in otherwise proving the guilt of the parties, 
 admitted the acts and declarations of strangers 
 to be given in evidence, in order to establish 
 Vaefact of a conspiracy, it is to be remembered 
 that this is an inversion of the usual order for 
 the sake of convenience, and that such evi- 
 dence is in the result material so far only as 
 the assent of the accused to what had been 
 done by others was proved." 2 Stark. Ev., 235. 
 
 If insurrection was one of the purposes of 
 the order, why was not that subject intro- 
 duced, discussed' or suggested in some of its 
 business meetings, when none but those in its 
 secrets were supposed to be present? And 
 yet neither Government detectives nor truck- 
 ling accomplices ever heard of it. Biit it is 
 said that there was an inner circle of the or- 
 der, namely, the military part of it, and that 
 that was ti-easonable. .Harrison states that the 
 order was fully organized at Torre Haute, and 
 a Grand Council appointed. In this organiza- 
 tion there was no military feature, and it was 
 not till long afterward that what was termed 
 the "military bill," or military feature of the 
 Order, was introduced; and yet, while all the 
 other proceedings of the order, including re- 
 ports from county temples, were printed and 
 circulated, this "military bill "was not. In 
 fact, it remaine'd a dead letter, and was not 
 even known to members of the Grand Council, 
 
 as wo are informed by witnesses of the most 
 honorable character, such as Judge Lough- 
 ridge, and Messrs. IBird, Ibach and Winters, 
 all members of the Grand Council, and who 
 were never advised of any other than the po- 
 litical character of the order. The military 
 feature, therefore, never formed any part of 
 the order; and if it existed at all, was only a 
 part of an independent conspiracy of Dodd 
 and others. 
 
 I come now to the consideration of another 
 inquiry, to which I respectfully ask your at- 
 tention. Is there any legal evidence of a con- 
 spiracy, even on the part of Dodd and others? 
 Do all the acts and declarations proven, make 
 out a conspiracy within the meaning of the 
 law? although I insist that Mr. SlilUgan is 
 not concerned in this inquiry. "A conspiracy' 
 is a corrupt agreement to do, by concerted ac- 
 tion, something unlawful." [Bishop, supra.'] 
 Let us, then, see what, if any thing, was 
 agreed upon ; for if what is charged was ac- 
 tually agreed upon, I will admit that it is 
 both corrupt and unlawful. 
 
 It is claimed that the meeting at Chicago, of 
 .July 20, 1864, coilspired to seize certain ar- 
 senals, release rebel prisoners, and revolu- 
 tionize the Government. But what evidence 
 has been given in support of that propo- 
 sition? 
 
 Heffren swears that Wilson told him that 
 this uprising was agreed upon at Chicago. 
 But Wilson, who was there, swears that no 
 business (to his knowledge) was done at that 
 meeting; that Barrett, who had called it, said 
 it was to be a meeting of military men, but 
 that they had not come. Wilson tells us that 
 several plans were talked of; that Dodd's plan 
 seemed to meet with most favor, but was not 
 agreed upon. This is certainly bottPi- evi- 
 dence than the hearsay of Heffren; besides, it 
 is corroborated by the testimony of Hairison 
 and Bingham, and olso by the verj- character 
 of Dodd's plan. What did Dodd tell Harrison? 
 He says: "If it was agreed upon, he (Dodd) 
 was to have charge of releasing the rebel pris- 
 oners at this point." Again, Harrison informs 
 us that Dodd told him that it was not finally 
 agreed upon, but depended upon a consulta- 
 tion of prominent individuals, whom he was to 
 summon together for the purpose of deter- 
 mining as to his plan. And here flows in an 
 item of evidence which can not be explained 
 on any other principle than this uprising had 
 not been agreed upon. It is this: Dr. Bowles 
 (as the evidence clearly shows) was at the 
 Chicago meeting. Now, had the uprising been 
 agreed upon there. Dr. I3owles would have un- 
 derstood the whole affair. Why, then, would 
 Dodd send his son to Bowles (as H.irrison 
 says) to consult upon the proposition? The 
 evidence also shows that it was for the pur- 
 pose of consultation that Milligan, Hum- 
 phreys, Yeakle, Taylor and others were sum- 
 moned by Dodd. Nor was this call confined 
 to the so-called Major-Gcncrals, but embraced 
 others, to-wit: Yeakle and Taylor. They were 
 not ordered to report to Dodd for duty, but 
 were to consider the propriety of an uprising, 
 and to decide whether or not it should take 
 place. 
 
244 
 
 TREASON TRIALS AT INDIANAPOLIS, 
 
 All of Dodd's declarations show that the 
 uprising was not determined upon by the very 
 parties whose consent and co-operation were 
 necessary to its inauguration. You will tp 
 member the fact th%t the meeting in Chicago, 
 was on the 20th of July, when Sodd was in 
 company with Judge Bullitt ; that immediately 
 upon his return home, he communicated the 
 matter to Harrison, who fixes the date of that 
 retxirn at the 29th of the same month; and 
 also that the proposed uprising was to take 
 place on the 16th of August. Now, if the 
 scheme had been agreed upon at Chicago, to 
 take place within so short a period, is it ra- 
 tional to suppose that Dodd, who is represented 
 to be an impetuous, hasty man, would have 
 slept until more than one-third of the time 
 had elapsed before he made any move toward 
 that preparation which would necessarily re- 
 quire so much time in, maturing? The idea 
 is preposterous; the impetuosity of Dodd 
 would have put the thing in motion at once. 
 But we have the sworn statement of three of 
 the Government witnesses, that the uprising 
 had not been agreed upon, but was awaiting 
 the sanction and co-operation of others, whose 
 concurrence was necessary. 
 
 Not only do Wilson and Harrison state that 
 the project was not agreed to, but Bingham 
 (to whom Dodd divulged his whole plan, and 
 who, according to Dodd's statement, was the 
 only person to whom it had been revealed) 
 informs us that Dodd's scheme required his 
 consent as a condition precedent. That he 
 (Bingham) as chairman of the Democratic 
 State Central Committee, must agree to it, 
 and co-operate with him, by calling a mass 
 convention of the Democracy of the State as 
 a part of the programme, without which co-op- 
 eration on the part of Bingham, the whole 
 scheme would have to be abandoned; as it 
 could not otherwise receive its initiatory im- 
 pulse. Now this whole thing is consistent 
 with itself, for the Commission will bear in 
 mind Mr. Harrison's testimony, that when 
 Dodd sent him to notify Mr. Milligan to at- 
 tend this council of the leading men of the 
 order, he instructed him not to inform Milli- 
 gan of the nature of his errand, but merely 
 to state that business of a very important char- 
 acter would be considered. 
 
 I ask here (though for the time digressing) 
 if this looks as though Mr. Milligan knew of 
 the scheme, especially when it is further re- 
 membered that he did not attend the proposed 
 council? I respectfully ask the learned Judge 
 Advocate to answer this if he can. If Mr. 
 Milligan was a co-conspirator with Dodd, why 
 must he be kept in ignorance of the project? 
 Why instruct the messenger to observe silence 
 as to the proposed revolution? Does it not 
 show that Dodd considered Mr. Milligan as 
 only belonging to the political, or rather, the 
 silly and harmless branch of the order? al- 
 tliOLigh he had appointed him a Major Gen- 
 eral, and hoped to inveigle him into his plots I 
 I earnestly submit to you, as rational and im- 
 partial judges, that this one circumstance is 
 a complete refutation of the whole charge that 
 Mr. Milligan was a party to Dodd's proposed 
 conspiracy. 
 
 But, to return : what, I inquire, was the pur- 
 pose of calling these men together, if the plan 
 had already been agreed upon? Why, especially, 
 keep Mr. Milligan in ignorance of the matter? 
 Why instruct the messenger to keep him in 
 the dark? Did Dodd mistrust his messenger? 
 Was be unwilling to intrust so. important a 
 secret to him? The evidence informs us, that 
 he had already imparted the whole matter to 
 him ; he must, therefore, have regarded his mes- 
 senger as trusty. Then it will be remembered 
 that the prosecution insists, that, according to 
 the constitution of this order, the members 
 were to implicitly obey the commands of the 
 Grand Commander; I ask, then, if this scheme 
 had been agreed upon, where was the necessity 
 of calling these men together? He could have 
 assigned to each his duty, and implicit obedi- 
 ence must be the result. 
 
 But, possibly, the prosecution will abandon 
 its theory as to the supreme power of the 
 Grand Commander. Because, if insurrection 
 had been one of the purposes of the order, 
 why try to keep Mr. Milligan ignorant of a 
 fact which, of necessity, he must have known? 
 and why impose secrecy upon the messenger, 
 Mr. Harrison? This, I think, not only shows 
 how the members of the order, but also how 
 the Grand Commander understood that part 
 of the obligation which pledged them to obe- 
 dience. Thus, when we come to look at the 
 case as judges and lawyers, and not as mere 
 partisans, we find that there has been proven 
 no such complete agreement, as is necessary 
 under the law of conspiracy, even on the part 
 of Dodd, much less on the part of Mr. Milli- 
 gan, who knew nothing of it until it had died 
 from want of sympathy on the part of those 
 whose approval was to give it vital force. 
 
 Were it necessary, I might,, without impro- 
 priety, refer to the cloud of suspicion through 
 which the testimony of Stidger, Zumro; Heff- 
 ren and Wilson came to us. The two former 
 stand in the execrable light of informers; 
 the latter, in the equally odious light of ac- 
 complices, purchasing their own immunity at 
 the expense of their former alleged confeder- 
 ates; the former have ever been regarded with 
 scorn and abhorrence, while the latter have al- 
 ways, by all honorable minds, been character- 
 ized as infamous. Let HefFren pass — "room 
 for the leper, room!" Of Wilson, I scarcely 
 know how to speak — he is self-accused and 
 self-condemned. Contrast him, if you please, 
 with the honorable bearing of my client, and 
 it ought to make the "blush of shame" crim- 
 son even the cheek of Wilson. He came to the 
 witness stand with traitors' money under his 
 control, and loaned out to his friends — ha 
 came and confessed to the treason, as well as 
 to the ineffable meanness of accepting, from 
 the hands of his country's enemies, the piti- 
 ful sum of his expenses to and from Chicago. 
 And yet, this double-dyed traitor — traitor to 
 his own country, according to his own show- 
 ing, and, for the sake of purchasing his own 
 release, traitor to his former alleged confed- 
 erates — is to go forth to the world, duly in- 
 dorsed by the Government as honest and cred- 
 ible; for, I understand, it asks you to believe 
 him. Oh I kind and parental Administration, 
 
TREASON TRIALS AT INDIANAPOLIS 
 
 245 
 
 tiiat allows the confessed traitor to go un- 
 punished, tliat it may wreak its vengeance 
 upon'a mere political opponent 1 
 
 No Court, either in ancient or modern times, 
 has allowed the conviction of an individual 
 upon the uncorroborated testimony of accom- 
 plices. Mr. Greenleaf, in speaking of this 
 kind of evidence, says; "The case of accom- 
 plices is usually mentioned under the head of 
 infamy." Greml. Ev., ? 379. 
 
 Mr. Starkiesays: "With respect to the force 
 and effect of such testimony, it must, from its 
 very nature, be regarded with jealousy and 
 suspicion." "It is hard," Lord Hale observes, 
 "to take away the life of any person upon the 
 evidence of a particeps crimiiiis, unless there be 
 very considerable circumstances which may 
 give the greater credit to what he swears. 
 
 "In strictness of law, indeed, a prisoner 
 may be convicted on the testimony of a single 
 accomplice, since, where competent evidence 
 is adduced, it is for the jury to determine the 
 effect of that evidence. But in practice it is 
 usual to direct the jury to acquit the prisoner, 
 when the evidence of an accomplice stands 
 nncorroborated in material circumstances, 
 but this, it is said, is a matter resting entirely 
 within the discretion of the Courts." 2 Stark. 
 Ev., p. 12. 
 
 "But," says Mr. Phillips, "though accom- 
 plices are received as witnesses, their testi- 
 mony ought to be received by u, jury with a 
 sober degree of jealousy and caution, for on 
 their own confession they stand contamin- 
 ated with guilt, and in the hope of lessening 
 their own infamy, will often be tempted to 
 throw as much guilt as possible upon the pris- 
 oner. They may also, in some cases, bo en- 
 titled to rewards on the prisoner's conviction, 
 and in all cases expected to cam u, pardon, 
 and as fear is usually their motive, tlie same 
 feeling may tempt them to exaggerate their 
 evidence for the purpose of destroying their 
 former associate and securing themselves 
 against his vengeance." 1 Phillips^ Ev., 29. 
 
 "But their testimony alone is seldom of suf- 
 ficient weight with a jury to convict the of- 
 fenders, the temptation to commit perjury 
 being so great, where the witness, by accusing 
 another, may escb,pe hiniself. The practice, 
 therefore, is to advise the jury to regard the 
 evidence of an accomplice only so far as he is 
 confirmed, in some part of his testimony, by 
 unimpeachable testimony." lb., p. 32. 
 
 "The degree of credit," Mr. Greenleaf says, 
 "which ought to be given to an accomplice, is 
 a matter exclusively within the province of 
 the jury. It has sometimes been said that 
 they ought not to believe him unless his testi- 
 mony is corroborated by other evidence; and, 
 without doubt, great caution in weighing such 
 testimony, is dictated by prudence and good 
 reason. But there is no such rule of law, it 
 being expressly conceded that the jury may, 
 if they please, act on the evidence of the ac- 
 complice without any confirmation of his 
 statement. But, on the other hand, judges, in 
 their discretion, will advise a jury not to con- 
 vict of felony upon the testimony of an ac- 
 complice alone, and without corroboration, 
 and it is now so generally the practice to give 
 
 them such advice, that its omission would bo 
 regarded as an omission of duty on the part of 
 the judge. And, considering the respect always 
 paid by the jury to this advice from the bench, 
 it may be regarded as the settled course of 
 practice not to convict a prisoner, in any case 
 of felony, upon the sole and uncorroborated 
 testimony of an accomplice." 1 Oreenl. Ev., 
 I 380. 
 
 " Judges," observed Lord Ellenborough, 
 "will advise a jury not to believe an accom- 
 plice, unless he is confirmed, or only in so far 
 as he is confirmed, but if he is believed, his 
 testimony is unquestionably to establish the 
 facts he deposes. Jones' case, 2 Camp., 132. 
 So, where, on an indictment for highway rob- 
 bery, an accomplice only was called, the Court, 
 though it admitted such evidence was legal, 
 thought it too dangerous to permit a convic- 
 tion to take place, and the prisoners were ac- 
 quitted. Jones ^ Davis' case, 1 Leach, 479. 
 The practice, therefore, is for tlie Court to di- 
 rect the jury in such oases to acquit the pris- 
 oner, unless, in some respects, the evidence is 
 confirmed. Roscoe's Orim. Ev., p. 156. 
 
 " It is usual for a Court to advise a jury not 
 to regard the evidence of an accomplice, un- 
 less he is confirmed in some part of his testi- 
 mony by unimpeachable testimony. If con- 
 firmed in some parts, he may be believed in 
 others." U. S. vs. Kipler, 1 Bald. G. 0. R., 22 
 
 I might stop here and rest the defense with 
 propriety, but some might regard my duty in- 
 complete, and ask if Mr. Milligan's alleged 
 position as a Major General in the order had 
 been satisfactorily disposed of? That is an 
 easy task. For the sake of argument, we will 
 admit that he was appointed a Major General; 
 but where is the evidence that he over accepted 
 that appointment, or that he other than treated 
 it with merited contempt? I answer, there is 
 none whatever. But perhaps it is proposed to 
 invert the usual order of criminal jurispru- 
 dence, and hold him guilty unless he proves 
 himself innocent. Even in that case we are 
 not without the necessary proof; indeed, we 
 are prepared for almost any rule. Mr. Ibach 
 informs us that at the Grand Council, in June, 
 1864, it was stated that the gentlemen who 
 had been appointed Major Generals, had not 
 accepted, and that it was agreed in Grand 
 Council, that, if they did not accept by the 
 ensuing 4th of July, others should be ap- 
 pointed in their stead. Indeed there is no 
 credible testimony, but only an inference, 
 that he ever knew of his appointment. Mr. 
 Harrison states that the first appointment was 
 in September, 1863, and it is not pretended 
 that Mr. Milligan was at that meeting ; nor 
 was he ever informed of it in any official man- 
 ner, as the Grand Secretary, Mr. Harrison, 
 informs us. The same witness also states that 
 Mr.Milligan was again elected aMajorGeneral 
 at the February Grand Council; but this was 
 also during his absence. True, HefFrcn states 
 that Milligan was at that Grand Council, but 
 this is only another indication of the utter 
 un worthiness of his testimony, for we have 
 the evidence of Messrs. Bingham, Daily, Mo- 
 ses Milligan, Loughridge and Winters, all 
 corroborating Harrison and impeaching Heff- 
 
246 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 ren. Can they all be mistaken? Mr. Daily, 
 who is a practicing attorney at Huntington, 
 informs, ns that the Court at that place was 
 then in session, and that Mr. Milligau was 
 there. Moses Milligan, who was a court bail- 
 iff, gives us like testimony. Bingham swears 
 that Mr. Milligan was not there. Judge 
 Loughridge, a delegate to the Council, in- 
 quired for him, and found he was not present, 
 and finally, Mr. Winters, a gentleman from 
 Mr. Milligan's town, tells us that they both 
 bought railroad tickets for Indianapolis, but, 
 owing to the crowded state of the cars when 
 they arrived at Huntington, Mr. Milligan re- 
 fused to go, and did not go. That he (wit- 
 ness) went, and that inquiry was made of him 
 for the reason of Milligan's absence. Stidger 
 states that the roll of Major Generals was 
 called at the June Council; but, Mr. Ibach, 
 the delegate from Huntington, who went there 
 with Milligan, contradicts this, and makes 
 the reasonable statement that if any one from 
 his own town had been named a Major Gen- 
 eral, he would have observed it. But for the 
 sake of argument, let us suppose that he ac- 
 cepted the sounding title of Major General, 
 yet what was it more than a mere intended 
 compliment, or titular dignification ? Thus 
 the titles, " Grand Commander," " Sergeant 
 of the Guard," etc., etc., are terms of high 
 import in a lodge of "Sons of Malta," and 
 yet the recipients of these " blushing honors " 
 were never, for that cause, considered trait- 
 ors, altliough the crder was "military in its 
 character." The title of " King " is one of 
 high signification, and ordinarily means 
 much; and the office of "King "is contrary 
 to the Constitution and laws of the United 
 States ; and yet, who ever thought of holding 
 an individual guilty of a crime because of his 
 accepting and exercising the oflioo of King in 
 a Chapter of lloyal Arch Masons 1 It is going 
 back to those days of constructive treason, 
 when a man was hanged for dreaming that he 
 had made his son heir to the crown, although 
 that was the name o f his Inn; and another,whose 
 favorite buck had been killed by the King, for 
 wishing that the deer, horns and all, were in 
 the King's belly. 4 Black. Com., p. 80. Names 
 do not always signify the same thing — a Ma- 
 jor General in the army is a position well un- 
 derstood, and having well defined duties ; 
 but tell me, if you please, what were the 
 duties of a Major General in the Sons of Lib- 
 erty ? Where is the evidence of any assigned 
 duties? Mere high-sounding names are not 
 evidence. Men's lives are not to be forfeited 
 by the inconsiderate use of such flimsy stuff. 
 
 It is next insisted that Mr. Milligan made a 
 speech at a Democratic mass meeting at Fort 
 Wayne, on the 13tb of August last; in which 
 it is claimed that he uttered disloyal senti- 
 ments, urged resistance to the draft, and at- 
 tempted to incite insurrection. When we ask 
 for the proof of all this, we are referred to the 
 testimony of an itinerant news gatherer of 
 the Cincinnati Gaiclte (and which, he says, is 
 not a partisan paper), who was there hunting, 
 ^ at "a penny a line,' for some item to be used 
 against the Democratic party, in that political 
 contest. True, ho would have you believe that 
 
 the speech was very disloyal; but against this, 
 we have the testimony of honorable witnesses, 
 Messrs. Bird and Winters, who heard, tho 
 speech throughout (Mr. Winters having re- 
 ported it for his paper), who swear there was 
 nothing said in it calculated to incite resistance 
 to the draft, or which counseled insurrection ; 
 that the speech was a dry, able, and argumen- 
 tative one, characterized by moderation and 
 respectful language toward his opponents ; 
 that he dealt in no denunciation of the Gov- 
 ernment, as Mr. Bush would have you believe, 
 but made a broad distinction between the 
 Government and the Administration. No in- 
 surrection followed tEat speech. True, he 
 argued in favor of the doctrine of State Sov- 
 ereignty. And suppose he did. It is no new 
 doctrine, but is as old as the Constitution. 
 The great and good men of America have ad- 
 vocated the same ideas, and yet were uncon- 
 scious of committing any crime in doing so. 
 On that very basis our Government was ad- 
 ministered for sixty years with most unpar- 
 alleled success. But suppose the party in 
 power does deem it a political heresy; is 
 heresy of political opinion a crime in this 
 country ? Who is to be the judge of the ques- 
 tion of what is heresy of opinion ? Shall it 
 be the party in power ? Then it would ba 
 very easy for them to perpetuate that power, 
 by condemning all their political opponents 
 to the halter, as traitors. Liberty of speech 
 would then consist in the right to say, freely, 
 what the Administration dictated. It was a 
 wise remark of Jefferson, that "Error of opin- 
 ion may well be tolerated as long as reason is 
 left free to combat it." 
 
 But it ought not to be expected that gentle- 
 men of the age, firmness, honesty and intelli- 
 gence of Mr. Milligan, can change their 
 honest convictions upon political questions to 
 suit the views of the Administration, brought 
 into power, perhaps, by a mere changeling 
 mob. But arc we to_b6 held criminally i-e- 
 Sponsible for a political speech, addressed to 
 a political meeting in the course of a political 
 campaign, even though it be bitter and de- 
 nunciatory in its terms? Were it so, half tho 
 political speakers in the United States would 
 then deserve hanging. I have only contempt 
 to express for such a proposition. Once ad- 
 mit that principle, and probably at the next 
 change of administration the gentlemen be- 
 fore me would have to change places with Mr. 
 Milligan. If American citizons can not, in a 
 cool, calm and respectful manner, criticise the 
 acts of their public servants, in a canvass for 
 their re-election, it is time they should be in- 
 formed of the new order of things. 
 
 Tlie next thing that claims our considera- 
 tion is a letter from Mr. Milligau to General 
 Dodd. It is claimed that addressing Dodd as 
 General, is an acknowledgment of acquaint- 
 ance with his militsCry character, and of fa- 
 miliarity with what is termed the military 
 branch of the order. But has it any such 
 significance? Titles are cheap things now-a- 
 days. In this country they do not preclude 
 even the parly using them from showing that 
 they are improperly used. Thus, the titles, 
 'Squire and Judge, are not uufrequently ap- 
 
TKEASON TRIALS AX INDIANAPOLIS. 
 
 247 
 
 plied to loafers; and how often, indeed, do wo 
 hear individuals called Colonel, upon whose 
 shoulders the "Eagle Bird" has never rested; 
 while the prefix of "Hon." has now little or no 
 meaning beyond compliment. 
 
 In this letter, Mr. Milligan is writing as a 
 politician, his name having been presented as 
 a candidate for Governor; he was not writing 
 as ii Son of Liberty. That the appellation. 
 General, was only used in compliment, is cor- 
 roborated by the fact that Dodd was not Gen- 
 eral in, but Grand Commander of, the Sons of 
 Liberty. If Mr. Milligan had been referring 
 to Dodd's official position in the order, he 
 would have addressed him as "Most Eminent 
 Grand Commander." I aslc the indulgence of 
 the Commissipn while I examine this letter a 
 little further. It has been introduced in evi- 
 dence, and we can not anticipate the uses to 
 which the learned Judge Advocate will at- 
 tempt to apply it. The letter is a confidential 
 answer to another, in which the writer states 
 his grief on account of the desertion of sup- 
 posed friends, and the consequent lessening 
 of his political hopes. One or two expressions 
 I will briefly notice. First, he expresses his 
 willingness "to do whatever the cause of the 
 North-west may require;" and then that other 
 sentence, in which he says, "what will those 
 of less pretension do when the real contest 
 comes, when life and property depend upon 
 the issue, when bullets instead of ballots are 
 cast, and when the halter is a preamble to our 
 platform? For unless Federal encroachments 
 are arrested in the States by the effort as well 
 of the Legislative as of the Executive, then 
 will our lives and fortunes follow where our 
 honors will have gone before." It seems from 
 this that he was looking to legitimate sources, 
 to-wit, the Legislative and Executive authority 
 of the State, for the arrest of apprehended 
 encroachments. 
 
 His expressions of sympathy for the North- 
 west, I contend, are shared in, to a great ex- 
 tent, by men of all parties, who have felt that 
 her interests have, by partial legislation, been 
 made to pay tribute to those of New England. 
 Indeed, it was quite a common expression 
 among many members of the party with which 
 Mr. Milligan acted, that the burdens of the 
 war were not equally distributed, and that the 
 Eastern States had not responded to the calls 
 for volunteers with the same alacrity that had 
 distinguished the North-west. Indeed, it will 
 be remembered, that, previous to the date of 
 that •letter, public attention was frequently 
 directed by the public journals to the alleged 
 fact, that while Indiana was putting her 118th 
 Regiment into the field, Massachusetts, with a 
 population about equal to that of this State, 
 was recruiting negroes in Indiana to fill up 
 her o4th Regiment. With the justice of these 
 comparisons we have, in the present inquiry, 
 nothing to do, but only with the fact that such 
 complaints were made. Mr. Milligan was 
 then seeking office at the hands of those who 
 uttered them, and the expression meaat, 
 simply, that if be was elected Governor, he 
 would only ask Indiana to do her just part; 
 it certainly had no reference to a North-west- 
 ern Confederacy. As to the expression about 
 
 the halter being a preamble to the platform, 
 etc., it is clearly referable to a reported 
 declaration, said to have been made in a pub- 
 lic speech, by our State Executive, shortly be- 
 fore tliat time, that those leading opponents 
 of .the Administration would come to grief, 
 and their families suffer want. Whether or 
 not the declaration was ever made, is unim- 
 portant in this inquiry; for, whether true or 
 false, it was so published, and explains the 
 phraseology of this portion of the letter. 
 
 And thus closes the last cii'cumstance and 
 the last inquiry, leaving this unhallowed 
 prosecution without a stay or support. 
 
 After an investigation, occupying a period 
 of about two months, the prosecution having 
 failed to establish, by evidence, a single one 
 of the inculpatory circumstances charged 
 against Mr. Milligan, I am at a loss to kno^ 
 upon what principle of law, morality, or 
 justice, he is detained in «, loathsome prison, 
 under circumstances of extreme hardship. 
 This may, perhaps, be considered strong lan- 
 guage, but knowing personally all the cir- 
 cumstances of the case, I must say that his 
 arrest and confinement, considering his char- 
 acter, his physical condition, the health of his 
 family, and the offer of his friends to give 
 bail in any sum that might be asked for his 
 appearance, does not accord with that degree 
 of civilization which should characterize a 
 great people. Never was a citizen more vin- 
 dictively pursued. Every principle held sa- 
 cred among honorable men has been violated 
 by tliose following his track. Professional 
 confidence, ever heretofore held sacred, has 
 been prostituted to manufacture evidence 
 against him. His kindly sympathies were 
 aroused by a villain, who only sought to 
 betray and ruin him. Private and confi- 
 dential correspondence has been seized and 
 introduced, in the vain hope of finding 
 some inadvertent treason. And yet what 
 has been discovered? What fatal act or 
 word has been found? It is in evidence that, 
 nearly a year ago, Zumro was placed on his 
 track (and I am compelled to give its authors 
 credit for the completeness of their plan) — 
 Zumro, who was his neighbor and acquaint- 
 ance! In order to more effectually blind Mr. 
 Milligan, Zumro was arrested by the military 
 authorities, and, as a part of the plan, em- 
 ployed his unsuspecting victim, who is a lead- 
 ing lawyer of the State, to defend him; and 
 yet, during all the sacred and confidential in- 
 tercourse existing between attorney and cli- 
 ent, when all restraint is ordinarily thrown 
 off, not a. word, not even a murmur against 
 the Government escaped his lips. That ear 
 that was paid to listen with aching interest 
 for some unguarded remark, never caught 
 even a whisper of discontent; until finally, 
 when on a bed of perilous sickness — the bed 
 from which he was dragged to his present 
 dungeon — while delirious with disease and 
 drugs — that spy and informer goes to him in 
 the hopes of hearing some treasonable ex- 
 pression escape him in his wild and incohe- 
 rent ravings. 
 
 And now, forgetting for awhile his terrible 
 impeachment, let us look his evidence full in 
 
248 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 the face. 'With insinuating manner, he squats 
 beside that bed of sickness, and asks, "What 
 is the order going to do about the draft?" to 
 which Mr. Milligan replies, "Nothing; there 
 are no fighting men about Huntington." But, 
 unwilling to give it up, for his pay was 
 shining before his greedy vision, with lying 
 tongue he says, "we are going to resist it if 
 we get assistance from here;" to which, he in- 
 forms us, Mr. Milligan replied, "It is as good 
 a time as any," and that "if he was well and 
 in the woods, he could kill twenty before 
 they could take him." But in this, as in every 
 thtng else, he is impeached by Mr. Johnson, a 
 respectable farmer, who was present and 
 heard the whole conversation. Infamous be- 
 ing! May God help you, and never allow 
 your children to know the deep damnation of 
 your infamy; else, from utter shame, they will 
 become vagabonds and outlaws on the earth. 
 I have done; and now, Mr. President and 
 officers of the Commission, I commit the cause 
 of my client to you. I have known him long 
 and intimately. For fourteen years we have 
 practiced at the same bar, and commingled in 
 its kindly and fraternal intercourse. With 
 his extreme political views I have held no 
 sympathy — for the Sons of Liberty I have 
 had no respect; but I never will ^believe that 
 Mr. Milligan, either in act or heart, is a 
 traitor. His life has already measured the 
 span of fifty-two years, the last twenty of 
 which have been spent in this State. With 
 
 "an unblemished reputation" (as the evi- 
 dence shows,) a good, kind and affectionate 
 wife, a comfortable home, devoted friends, and 
 an enlarged and cultivated mind, he might, 
 in ordinary times, laugh to scorn a charge so 
 preposterous. 
 
 To you, gentlemen, I commit his reputation, 
 his liberty and his life; and, higher than all, 
 gentlemen, there is committed to you the duty 
 of respecting that sacred right — ^the trial by 
 jury. Better let these defendants go, even 
 should you deem them guilty, than to strike 
 at that glorious old bulwark of liberty! It 
 was in defense of it that Hampden fell, that 
 Sidney bled, that Washington fought, and 
 for which the battle fields of our holy Revolu- 
 tion were incarnadined with the best blood 
 of our patriot fathers. Shall we forget the 
 lessons of history? Is the emergency so 
 great? is our nation in such deadly peril? 
 and have we become so insane, as to think we 
 can save its life by cutting out its very vitals? 
 If it can be saved only by the sacrifice of con- 
 stitutional liberty, and the inalienable rights 
 of our race, I say let it die. But no, no, it is 
 not so. The God of our fathers will not for- 
 sake us. True, this nation is sick, very sick — 
 the mailed hand of a foul rebellion has been 
 grappling at its throat, but even now the arm 
 is becoming weak and palsied. Then, while 
 we strike at the fell fiend of treason, let us be 
 careful that our dagger may not, in our blind 
 fury, reach the dear idol of our hopes. 
 
REPLY OF THE JUDGE ADVOCATE. 
 
 Gentlemen of the Commission: 
 
 In closing this trial, it becomes my duty to 
 reply to the able addresses or arguments made 
 on behalf of the accuse4 by their counsel. 
 
 These trials have been in progress now since 
 the nineteenth day of September. It has been 
 one long, continuous labor, exhausting to the 
 Court, to the counsel for the defense, and cer- 
 tainly to myself. The labor that has been 
 required to develop the facts given to this 
 Court, few will ever know, or appreciate. The 
 responsibility of giving to you the facts in- 
 volved in this issue, and the correct law, so 
 far as I was able, during nearly a three months' 
 struggle, has been solely upon my shoulders, 
 unaided. I beg the Court, therefore, to look 
 charitably upon those efforts wherein I have 
 failed to do the cause of the Government full 
 justice. While I yield to many, to the counsel 
 for the accused, greater experience, learning 
 and ability, I can, and do claim to be the peer of 
 any man in my love of country, love of her glo- 
 rious institutions, and in my desire and inflex- 
 ible determination to deal justly with all 
 men. 
 
 In discussing this question, I hope to say no 
 word that is not fully warranted by the law 
 and the evidence. There is certainly no bit- 
 terness in my heart toward any of these 
 accused ; they are all alike strangers to me. 
 Their counsel have, in the conduct of the de- 
 fense, ever been high-toned, gallant, courteous 
 gentlemen, able advocates, and learned in the 
 law. 
 
 /■ In meeting the question of the jurisdiction 
 ^ of this Court, I shall make no plea or apology 
 for the President, or the Commanding General 
 of this District. I shall claim that the Presi- 
 dent, in issuing his proclamation declaring 
 martial law, suspending the writ of habeas 
 eorptu, and making this class of offenses 
 punishable by a military tribunal, acted in 
 conformity to the law, and within the pro- 
 visions of the Constitution ; that his acts were 
 warranted and sanctioned by the Constitution ; 
 and that had he done less than he has done, 
 he would have performed less than his whole 
 duty — he would not have taken "care that 
 the laws were faithfully executed," and would 
 have been unworthy to be the Chief Executive 
 of this great nation, and the Commander-in- 
 Chief of her armies. Had the Commanding 
 General of this District permitted this con- 
 spiracy to ripen, to move forward to its cul- 
 mination, or even to sleep for the time being, 
 until, ^tna-like, it belched forth upon a 
 Bleeping people its glowing, seething, red tide 
 of fire and blood, without grappling it and 
 its leaders with the strong military arm, he 
 
 would have been an Arnold, instead of the 
 brave soldier and patriot he is. 
 
 This Court has jurisdiction in these cases, 
 and has a right to hear, and pass sentences. 
 
 First. Because it has been expressly clothed 
 with that right and power by the authority 
 competent to give them; and 
 
 Second. Because, were no such formal power 
 conveyed, the "laws of war," the military lex 
 non scripta, and the necessity of the present 
 crisis, would clothe this Court with jurisdiction 
 to try this class of offenses. 
 
 Then as to the express authority. In Gen- 
 eral Orders No. 141, of the War Department, 
 dated September 25th, 1802, will be found the 
 proclamation of the President, which reads 
 as follows: 
 
 •} 
 
 Wab Depabtuent, Adjutant General's Office, ' 
 'NVoBhiDgtoD, September 25, 1862, 
 
 Genera! Orders No. 141. 
 
 The following proclamation by the President 
 is published for the information and govern- 
 ment of the Army, and all concerned: 
 
 BY THE PEE6IDENT OF THE UNITED 6TATEB OF AMERICA — 
 A PROCI.AMATION. 
 
 Whereas, It has become necessary to call 
 into service not only volunteers, but also por- 
 tions of the militia of the States by draft, in or- 
 der to suppress the insurrection existing in the 
 United States, and disloyal persons are not ad- 
 equately restrained by the ordinary processes 
 of law from hindering this measure, and from 
 giving aid and comfort in various ways to the 
 insurrection; now, therefore, be it ordered: 
 
 I\rst. That during the existing insurrection, 
 and as a necessary measure for suppressing 
 the same, all rebels and insurgents, their aiders 
 and abettors, within the United States, and all 
 persons discouraging volunteer enlistments, 
 resisting militia drafts, or guilty of any dis- 
 loyal practice, affording aid and comfort to 
 the rebels against the authority of the United 
 States, shall be subject to martial law, and 
 liable to trial and punishment by courts-mar- 
 tial or military commission. 
 
 Second. That the writ of habeas corpus is sus- 
 pended in respect to all persons arrested, or 
 who are now or hereafter during the rebellion 
 shall be imprisoned in any fort, camp, arsenal, 
 military prison or other place of confinement, 
 by a«y military authority, or by the sentence 
 of any court-martial or military commission. 
 
 In witness whereof, I have hereunto set my 
 hand, and caused the seal of the United Statei 
 to be affixed.' 
 
 Done at the City of Washington, this twenty- 
 
 [. , fourth day of September,in the year 
 
 L ''• "• J of our Lord one thousand eight 
 249 
 
250 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 hundred and sixty-two, and of the independ' 
 ence of tlie United States the eighty-seventh. 
 ABRAHAM LINCOLN. 
 
 By the President; 
 
 William H. Sewakd, Secretary of State. 
 
 By order of the Secretary of War; 
 
 L. Thomas, Adjutant General. 
 
 This proclamation, it will he seen, covers 
 many of the offenses set forth in the charges 
 and specifications. It expressly says "that 
 during the existing insurrection, and as a 
 necessary measure for suppressing the same, 
 all rebels and insurgents, their aiders and 
 abettors within the United States, and all per- 
 sons discouraging volunteer enlistments, re- 
 sisting militia drafts, or guilty of any disloyal 
 practice, affording aid and comfort to rebels 
 against the authority of the United States, 
 shall be subject to martial law, and liable to 
 trial and punishment by court-martial." 
 
 To settle the question of jurisdiction beyond 
 all doubt, this Court has but to determine 
 whether the President had the power and the 
 right, under the Constitution, to issue this 
 proclamation. If he had that right as the 
 executive arm of the Government, or as Com- 
 mander-in-Chief of her armies, then Congress 
 could in no wise interfere with, or talce from 
 a co-ordinate branch of the Government one 
 of its constitutional prerogatives. For it is 
 admitted of all men, that within the limits 
 prescribed by the Constitution, each branch 
 or department, of the Government is su- 
 preme, and free of control or dictation from 
 cither of the others. The question then re- 
 curs, had the President the right to suspend 
 the civil law, and put in force martial law, as 
 against the class of offenders designated in 
 the paragraph just quoted? I do not under- 
 stand that the gentleman contends against, or 
 even questions the authority of a commanding 
 general in the field to declare martial law. In 
 fact, the gentleman who has argued the ques- 
 tion of jurisdiction in this case, Mr. Gordon, 
 well stated, in the Dodd case, that the army, 
 wherever it moves, carries martial law with it, 
 without any proclamation. The proclamation, 
 as a general rule, is but the giving notice of 
 a fact which already exists. Then, if a com- 
 manding general in the field may, within the 
 theater of his military operations, or within 
 the lines of his military command, declare 
 and enforce martial law, who shall be the 
 judge of when and under what circumstances 
 this shall be done? Certainly fhe military 
 commander himself. It is one of the rights 
 and powers incident to his military position. 
 An ai-my would be powerless could its opera- 
 tions be hindered and stopped by the processes 
 of civil courts. Could the soldiers of an army 
 be talien from its ranks by habeas corpus, how 
 long, think you, could any army hold together? 
 If by injunction you could stop the erection 
 of fortifications, or the destruction of private 
 property, of what efficiency would be the 
 raovemefnts of your array? The nearer you 
 approach perfect, arbitrary power, in the gov- 
 ernment of an army, the greater the efiiciency 
 and power of that army. To make it effective, 
 it must be as nearly as possible one will, one 
 intelligence, governing and giving direction 
 
 to the entire physical force under its control; 
 and just in proportion as you distract and 
 divide that will, that intelligence, you distract 
 and divide the strength and efficiency of that 
 army. 
 
 The operations of the civil law, of the civil 
 courts, and the full enjoyment of civil rights, 
 are entirely inconsistent with, and opposed to, 
 the operations of an army. The rights of war 
 and the rights of peace are antagonistic, and 
 can not co-exist; one must yield to the other. 
 The laws of war and the laws of peace can not 
 operate at one and the same time upon the same 
 subject-matter; one must take precedence, and 
 the other remain in abeyance. When a war is 
 once in esse, the civil courts will take judicial 
 notice of the fact, they should themselves give 
 way, and yield to this new order of things. 
 It is only in great emergencies that the armies 
 of a nation are called into the field, that war 
 is inaugurated; and when war is once inau- 
 gurated, it is the great, all-absorbing, vital 
 question to that nation. Upon the success of 
 its arms depend its national glory, the full 
 enjoyment; of the rights of its people, and, 
 generally, its continuance as a government. 
 Therefore, and for^this reason, the civil rights 
 of individuals, the powers and duties exercised 
 by civil courts, for the time being, yield to this 
 greater and more important interest. The 
 commanding general, duly empowered as such, 
 when in the field, has placed upon him great 
 duties and high responsibilities. His power 
 should be adequate to, and coextensive with 
 his duties and responsibilities. He may then, 
 if he deem it necessary for the success of the 
 operations of his army, without its being 
 claimed, it seems to me, by any person, to be 
 a violation of any of the provisions of the 
 Constitution, declare and enforce martial law; 
 he may, at his will, if he deem it necessary, 
 arrest any person within his military limits, 
 or within the theater of his military opera- 
 tions. If he may arrest one, upon the same hy- 
 pothesis he may arrest a thousand. The num- 
 ber is limited only by the necessity. While 
 the Constitution says no man shall be deprived 
 of life, liberty, or property, without due pro- 
 cess of law, yet it can not, and would not be 
 claimed thatthis would be an unconstitutional 
 exercise of his power. And why? Simply 
 because this clause of the Constitution does 
 not refer to this emergency; it has reference 
 to times of peace, to the normal condition of 
 the country. So while private property, under 
 the Constitution, is to be held inviolate, no 
 man will contend but that n* military com- 
 mander may seize, at his will, all the forage 
 and provisions necessary for the subsistence 
 of his army, and any thing necessary for its 
 transportation, or enter upon any realty nec- 
 essary for the encampment of his troops, or 
 use any amount of private property necessary 
 for constructing fortifications. He may turn 
 his guns upon the residence of any citizen, 
 loyal though he may be, if it harbor the enemy, 
 or if its removal would render the movements 
 of his army more efficient. He may seize 
 steamers and vessels for transportation; ha 
 may blow up bridges and forts; burn and de- 
 stroy towns and cities; and this power is none 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 251 
 
 the less perfect and unlimited from the fact 
 that the pi-operty taken or destroyed is that 
 of a friend, instead of an enemy. Upon this 
 point, Solicitor Whiting, in his pamphlet upon 
 "The War Powers of the President," has well 
 said: 
 
 "While war is raging, many of the rights 
 Held sacred by the Constitution — rights which 
 can not be violated by any acts of Congress — 
 may and must be suspended and held in abey- 
 ance. If this were not so, the Government 
 might itself be destroyed; the army and 
 navy might be sacrificed, and one part of the 
 Constitution would m;llift the rest. 
 
 "If freedovi of speech can not be suppressed, 
 spies can not be caught, imprisoned and 
 hung. 
 
 "I{ freedom of the press can not be interfered 
 with, all our military plans may be betrayed 
 to the enemy. 
 
 "If no man can be deprived of life without trial 
 hy jury, a soldier can not slay the enemy in 
 battle. 
 
 '■If encviy's property can not be taken without 
 'due process of law,' how can the soldier 
 disarm his foe and seize his weapons ? 
 
 "If no person can be arrested, sentenced, 
 and shot, without trial by jury in the county 
 or State where his crime is alleged to have 
 been committed, how can a deserter be shot, or 
 a spy be hung, or an enemy be taken prisoner ? 
 
 '■It has been said that 'amidst arms the laws 
 are silent.' It would be more just to say, that 
 while war rages, the rights which in peace 
 are sacred, must and do give way to the higher 
 right — the right of public safety — the right 
 which the country, the whole country, claims, to 
 be protected from its enemies, domestic and 
 foreign — from spies, conspirators, and from 
 traitors. The sovereign and almost dictato- 
 rial powers — existing only in actual war; 
 ending when war ends — to be used in self- 
 defense, and to be laid down when the occa- 
 sion has passed, are, while they last, as lawful, 
 as constitutional, as sacred, as the administration 
 of justice by judicial courts in times of peace. 
 They may be dangerous; war itself is danger- 
 ous ; but danger does not make them uncon- 
 stitutional. If the Commaudcr-in-Chief or- 
 ders the army to seize the arms and ammu- 
 nition of the enemy; to capture their per- 
 sons; to shell out their batteries; to hang 
 spies, or shoot deserters; to destroy the 
 armed enemy in open battle; to send traitors 
 to forts and prisons; to stop the press from 
 aiding and comforting the enemy by be- 
 traying our military plans ; to arrest within 
 our lines, or wherever they can be seized, 
 persons against whom there is reasonable 
 evidence of their having aided or abetted the 
 rebels, or of intending so to do — thp preten- 
 sion that in so doing he is violating the Con- 
 stitution, is not only erroneous, but it is a plea 
 in behalf of treason. To set up the rules of 
 civil administration, as overriding and con- 
 trolling the laws of war, is to aid and abet 
 the enemy. It falsifies the clear meaning of 
 the Constitution, which not only gives the 
 power, but makes it the plain duty of the Pre- 
 sident, to go to war with the enemy of his 
 country. And the restraints to which be is 
 
 subject when in war, are not to bo found in the 
 municipal regulations, which can bo adminis- 
 tered only in peace, but in the laws and 
 usages of nations regulating the conduct of 
 war." 
 
 Then, while these powers are conceded to 
 a subordinate military commander in the 
 field, with what consistency can they be 
 denied to his superior, the Commander-in- 
 Chief of all the armies? Is the inferior 
 greater in power than the superior ? Is the 
 servant greater than the master ? The supe- 
 rior may order the inferior, his junior in 
 rank, to suspend the civil law and declare 
 martial law. He may abrogate and set aside 
 the proclamation of an inferior commander 
 declaring martial law. All the acts of the 
 inferior, the subordinate commander, receive 
 their force, and have vitality only as they are 
 supposed to emanate from and receive the 
 sanction of the military superior, the Com- 
 mander-in-Chief. Under the Constitution, 
 the Commander-in-Chief appoints all these 
 officers ; and when the Constitution says that 
 the President of the United States "shall be 
 Commander-in-Chief of the army and navy," 
 that provision carries with it all the necessary 
 power incident to such office. 
 
 Then it having once been admitted" that the 
 subordinate military commander can do these 
 acts, the only question that can arise, is, 
 under what circumstances can he thus act ? 
 First, then, who is to be the judge of when the 
 necessity exists for the Commander-in-Chief 
 to issue his proclamation of martial law, or 
 when he shall declare that martial law does 
 exist? 
 
 We have seen that in the field, the subordi- 
 nate military commander is, and can alone 
 be the sole judge of that necessity; and he 
 will be held to a high accountability for the 
 exercise of a sound discretion in the use of 
 this despotic power. For a wanton, or unwar- 
 ranted exercise of it, he could be tried before 
 a military tribunal; or on the restoration of 
 peace, he could be held answerable by the 
 aggrieved persons, before a civil tribunal. 
 The only limit to this power in the hands of 
 the subordinate commander, is the existence 
 of the necessity; he being the judge of the 
 necessity within his own military limits. No 
 stronger rules, or greater limitations, of 
 course, would obtain as against the Comman- 
 der-in-Chief. If, under the existence of u. 
 great and overpowering necessity, it is con- 
 stitutional and lawful for a subordinate com- 
 mander to declare and enforce martial law. 
 under the same circumstances, and with the 
 same necessity, the Commander-in-Chief can 
 constitutionally and legally declare and 
 enforce martial law. It is not as President 
 of the United States, not as the Chief Execu- 
 tive of a great nation, that he exercises this 
 power, this despotic and arbitrary power, 
 but it is as the Commander-in-Chief of her 
 armies in time of war, made such by the 
 express provisions of the Constitution itself. 
 
 In his judgment, that necessity existed in 
 1862. For a wanton, or unwarranted exer- 
 cise of that power, he could have been im- 
 peached and tried by the Senate. He was the 
 
252 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 Bole judge of that necessity. If he had thought 
 the necessity for it existed, he could have 
 issued his proclamation for the civil law and 
 ci"vil courts to be entirely suspended through- 
 out the land ; or in part, only, as the neces- 
 sity demanded. In these Northern States, 
 where branches of the army were operating, 
 where the civil authorities, though weak, and 
 often needing help from the military arm, 
 were yet dominant, as Commander-in-Chief, 
 the President ha3 said that to "rebel insur- 
 gents, their aiders and abettors, and all per- 
 sons discouraging volunteer enlistments, re- 
 sisting militia drafts, or guilty of any dis- 
 loyal practice, affording aid and comfort to 
 rebels against the authority of the United 
 States," the civil law shall be silent, and that, 
 as to them, martial law shall obtain. In all 
 other respects, the civil courts are open and 
 the civil law is in full force. 
 
 The counsel, in arguing this question of ju- 
 risdiction, has treated the subject, at all times, 
 as though the President, in putting in opera- 
 tion the martial law, must entirely subvert and 
 set aside the civil law and its tribunals. 
 This is an error. If he have the right to do 
 it in whole, he can do it in part; the greater 
 includes the less. 
 
 His military lines, as Commander-in-Chief 
 of the armies of the United States, and the 
 theater of the military operations of those 
 armies, are coextensive with the geographical 
 lines of the country. Can the gentlemen 
 point to any State or Territory that is not to- 
 day the theater of vast military operations ? 
 He has cited this State. 
 
 Of the extent of military operations here, 
 of all interests affecting the public welfare, 
 this Court has a right, without proof, to take 
 judicial notice. On that subject, Greenleaf, 
 vol. 1st, page 7, says: 
 
 "In like manner, the Law of Nations, and 
 the general customs and usages of merchants, 
 as well as the public statutes and general 
 laws and customs of their own country, as 
 well ecclesiastical as civil, are recognized, 
 without proof, by the courts of all fcivilized 
 nations. * '* -s a » * * 
 Neither is it necessary to prove things which 
 must have happened according to the ordi- 
 nary course of nature ; » * « -» 
 nor, any matters of public history, affecting 
 the whole people ; nor, public matters, affect- 
 ing the government of the country." 
 
 When I say to you, then, that there are to- 
 day in Indianapolis and the vicinity, and 
 have been for the last six months, and the 
 greater portion of the time, ever since 1861, 
 soldiers on duty, preparing for or returning 
 from the field, or passing through your city, 
 in transitu from other points, in number more 
 than one-half of the entire army of the United 
 States previous to this war, it will scarcely 
 be denied that this is the theater of military 
 operations. There are here, to say nothing of 
 other portions of the State, nearly 4,000 
 troops. This Court will recognize the further 
 fact, that upon the streets of this city, to-day, 
 more than one-half of the persons you meet, are 
 either soldiers of the Government, or persons 
 in the military employ and pay of the Gov- 
 
 ernment; and more than one-half of the busi- 
 ness done in your city is directly, or indirect- 
 ly, for our army. You are holding in your 
 camps here, within sight of this city, nearly 
 •5,000 prisoners of war, to capture whom proba- 
 bly not less than 5,000 lives of loyal men have 
 been expended ; — a force of the enemy as large 
 nearly as either the army of General Scott or 
 General Taylor, when they invaded Mexico. 
 
 But, last year, the enemy made a triumphal 
 march through a large portion of this State, 
 and all the available military forces of the 
 State were called out to defend your homes. 
 At what hour this same exigency may happen 
 you again, with the enemy's cannon thunder- 
 ing less than a hundred miles from your bor- 
 der, no man can tell. No year has passed 
 since the inauguration of this rebellion, and 
 scarcely any month, that the commanding 
 officer of this District has not had to send 
 military forces into some portion of this 
 State, to suppress armed insurrection. This 
 is a notorious, public fact. And no month 
 passes, now, but a guerrilla raid is announced 
 from some of the river counties. The theater 
 of military operations is the place where the 
 armies are moving, or operating, where mili- 
 tary forces are performing their legitimate 
 duties ; tried by this rule, it can scarcely be 
 denied, and certainly not successfully, that 
 your State is the theater of military opera- 
 tions. The condition of things here is paral- 
 leled by almost every other State in the 
 Union. It could scarcely be otherwise when 
 the whole country is engaged and taking part 
 in this war; when from an entire population 
 of a little more than twenty millions of people 
 you draw from it, by volunteering and draft, 
 over two millions of able-bodied men. As a 
 general rule in voting, you get but one vote 
 for every six inhabitants, and certainly the 
 proportion of men for the army would not be 
 greater than of votes. This army comes from 
 every township, school district, neighborhood, 
 and almost every family in the land. The 
 whole land, more or less, is making this 
 struggle its chief object. Congress has the 
 right to call into the field, for the sake of 
 maintaining the life of the Government, the 
 entire physical force of this nation. When 
 once in the field, that force is wielded, con- 
 trolled and molded by but one will, and that, 
 the will of the Commander-in-Chief. How 
 soon it may be necessary to call upon this 
 entire physical force, no one can tell. You 
 certainly have already in the service more 
 than half of those physically able to bear 
 arms; and just in proportion as you obstruct 
 and intei'fere with the efficiency of that army, 
 as you promote and protect conspirators and 
 conspiracies, here in these States, that must 
 furnish the men for the armies, and the mate- 
 rials of war, just in that ratio will the remain- 
 ing portion of the able-bodied men be called 
 upon and put into the field, to carry this war 
 successfully through. 
 
 As to the extent of this rebellion, its place* 
 of operation, etc., Aaron F. Perry, in his ad- 
 mirable argument on the application for a 
 writ of habeas corput, before Judge Leavitt, in 
 the Vallandigham case, gays: 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 253 
 
 "Ab a. matter of course it can not be, and as 
 a matter of fact it is not, limited to places, or 
 described by geographical descriptions. In 
 some parts of the country it dominates society; 
 in other parts it is dominated by the regular 
 civil administration. Wo hear of no place so 
 dark but that some weak prayers !ire uttered 
 for the Constitution ; and of no place so bright 
 but that lurking treason sometimes leaves its 
 trail, or shows, through all disguises, its sin- 
 ister unrest. 
 
 "The power and wants of the insurrection 
 are not all, nor chiefly, military. It needs not 
 only food, clothing, arms, medicine, but it 
 needs hope and sympathy. It needs moral 
 aid to sustain it against reactionary tenden- 
 cies. It needs argument to represent its origin 
 and claims to respect favorably before the 
 world. It needs information concerning the 
 strength, disposition, and movements of Gov- 
 ernment forces. It needs help to paralyze and 
 divide opinions among those who sustain the 
 Government, and needs help to hinder and 
 embarrass its councils. It needs that troops 
 should be withheld from Government, and its 
 financial credit shaken. It needs that Gov- 
 ernment should lack confidence in itself, and 
 become discouraged. It needs that an opinion 
 should prevail in the world that the Govern- 
 ment is incapable of success, and unworthy 
 of sympathy. Who can help it in cither par- 
 ticular I have named, can help it as effectually 
 as by bearing arms for it. Wherever in the 
 United States a wish is entertained to give 
 Bucb help, and such wish is carried to its ap- 
 propriate act, there is the place of the insur- 
 rection. Since all these helps combine to 
 make up the strength of the insurrection, war 
 is necessarily made upon them all, when made 
 npon the insurrection. Since each one of the 
 insurrectionary forces holds in check, or 
 neutralizes a corresponding Government force, 
 and since Government is in such extremity as 
 not safely to allow any part of its forces to 
 withdraw from the struggle, it has no recourse 
 but to strike at whatever part of this insur- 
 rection it shall find exposed." 
 
 In this State the insurrection is dominated 
 by the regular civil authorities; yet it has its 
 existence among you; it has its advocates, its 
 adherents and abettors; those who give it aid 
 and comfort; those who would give it sympathy 
 and encouragement; those who carry that sym- 
 pathy and encouragement into action. For 
 the keeping of this part of the insurrection, 
 this part of the rebellion in subjection, the 
 Government has deemed it necessary to place 
 troops here, and elsewhere in the State. To 
 that extent, then, certainly, this is the theater 
 of military operations; and, as I have said, 
 this condition of things is paralleled in each 
 of the Northern States. It is a sad fact that 
 we have no State so loyal but that it is found 
 nursing in its bos(fm some traitors, some who 
 adhere to the enemies of the Government, and 
 give them active sympathy and encourage- 
 ment. 
 
 On the question as to whether the proclama- 
 tion of the President, cited in this case, was 
 still in full force, the gentleman who has 
 argued this question of jurisdiction has ex-' 
 
 pended much time and labor. I believe this 
 proclamation to be in full force and effect, and 
 to have been in no wise interfered with by act 
 of Congress, or by any subsequent act of the 
 President himself. In this proclamation of 
 September, 1862, he suspends the habeas corpui, 
 and puts in operation, or rather declares that 
 martial law is in ex istence as to a certain class 
 of offenders; saying, in substance, that the 
 necessities of the times demand that this class 
 of cases shall be tried by military courts. 
 He expressly limits the operation of martial 
 law to the offenders, or offenses, therein desig- 
 nated. 
 
 It will be remembered by the Court, that at 
 that time there was much cavil and discussion 
 throughout the land, as to whether the power 
 to suspend the writ of habeas corpits, under 
 the Constitution, was in the Executive or the 
 Legislative branch of the Government. Con- 
 gress attempted to put at rest all question upon 
 that subject; and, to strengthen the arms of 
 the President, passed an act, approved March 
 3d, 1803, authorizing the President to sus- 
 pend the writ of habeas corpus. It has always 
 seemed to me that this act of Congress, to say 
 the best of it, was but a nullity; the Consti- 
 tution gave this power either to the Executive 
 or to the Legislative department of the Govern- 
 ment. If, under Ihc Constitution, it belonged 
 to the Executive, then, certainly, it was simply 
 a work of supererogation for Congress to re- 
 give it to the President: if it was given to 
 the Legislative, it was a ptwer which they 
 could not transfer. If, under the Constitution, 
 it was given to the President, as I before re- 
 marked. Congress coujd not take it from him. 
 The question, then, is simply whether this 
 power to suspend the writ of habeas corpw 
 belongs to the President, or to Congress. 
 
 The suspension of the writ of habeas corpus 
 is not the declaration of martial law; it is 
 more properly one of the incidents of martial 
 law, or of a state of war. This writ is to be 
 suspended when a great public necessity shall 
 demand it. And who shall be the judge as to 
 when that necessity exists? 
 
 The Constitution says "the writ of habeas 
 corpus shall not be suspended unless in case 
 of rebellion, or invasion, the public safety 
 may require it;" thus placing its suspension 
 upon the contingency of some great public 
 danger or emergency. 
 
 Our legislative body. Congress, usually con- 
 venes but once a year, never oftener than 
 twice a year: and in times of foreign war, 
 invasion, or rebellion, would we dare to say 
 that the Government should wait the expira- 
 tion of that year, or until Congress could be 
 convened, to suspend the writ of habeas corpus 
 or declare martial law? Such a course would 
 be suicidal, and destructive of the Government 
 itself. The power certainly does rest where 
 it properly should rest, with the Executive of 
 the Government; the Coramandor-in-Chief of 
 the armies; the power that wields the physical 
 force that must defend the life of the nation, 
 if that life be in danger. It, then, being with 
 the Executive, Congress, by its action, in no 
 wise changed or interfered with this original 
 prerogative of the President. It simply put 
 
254 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 at rest the discussion as to where this power 
 was vested. 
 
 After the passage of this act of Congress, 
 the President again issued a proclamation of 
 September 15th, 1863, entirely suspending the 
 writ of habeas corpus throughout the United 
 States as to all classes of persons held by 
 authority of the United States, or charged 
 with offenses against the Government. This 
 was simply making larger and more compre- 
 hensive his proclamation of September, 1862. 
 It in no wise abrogated that proclamation, or 
 interfered with its action; it was coniined 
 purely to the writ of habeas corpus, and was 
 made universal in its operation. Military 
 courts were before given jurisdiction, and 
 martial law was declared as to certain classes 
 of oifeuses; this, certainly, did not take from 
 those courts that jurisdiction, neither ex- 
 pressly, nor by implication; it did not inter- 
 fere with the operations of martial law, which 
 had already been declared. 
 
 As to the proclamation of the President in 
 Kentucky, on the 5th day of July, 1864, that 
 was simply a proclamation which put into 
 force martial law, and declared that such a 
 state of war existed in that State as to demand 
 the entire silence of civil law ; that martial 
 law, without being confined to any particular 
 class of persons or offenses, should there be in 
 existence in all its power and force. It in no 
 wise abrogated, or interfered with, the procla- 
 mation of 1862, but simply said that in that 
 State there was a necessity for a more extended 
 operation of martial law than was required 
 in other States, and was perfectly consistent 
 with the proclamation of 1862, and also with 
 that of 1863, suspending the writ of habeas 
 corpus. This, I think, sufficiently answers the 
 inquiry of the gentleman as to why the proc- 
 lamation of July 5th, 1864, was issued. 
 
 Finally, as to the formal proclamation of 
 the President, clothing this Court with juris- 
 diction, I call the at,tention of the Court 
 to Lawrence's Wheaton on International Law, 
 page 522, note, where the author, after review- 
 ing in an extended article the statutory 
 provisions and regulations 6f the different 
 European Governments in reference to the 
 suspension of the writ of habeas corpus and 
 the proclamation of martial law, as to this 
 particular proclamation of September 24th, 
 1862, says: "But, whatever may be the infer- 
 ence to be deduced, either from constitutional 
 or international law, or from the usages of 
 European Governments, as to the legitimate 
 depository of the power of suspending the writ 
 of habeas corpus, the virtual abrogation of the 
 judiciary in cases affecting individual liberty, 
 and the establishment, as matter of fact, in the 
 United States, by the Executive alone, of 
 martiallaw — not merely in the insurrectionary 
 districts or in cases of military occupancy, 
 but throughout the entire Union, and not tem- 
 porarily, but as an institution as permanent 
 as the insurrection on which it professes to be 
 based, and capable, on the same principle, of 
 being revived in all cases of foreign as well 
 as civil war — are placed beyond question by 
 the President's proclamation of September 24, 
 1862. It was issued two days after the proc- 
 
 lamation for the emancipation of the slaves in 
 the insurgent States," etc. 
 
 The counsel for the accused has espe'cially 
 requested me to answer the inquiry, how any 
 department of this Government — each depart- 
 ment being limited in its authority by its 
 organic law, the Constitution — can exercise 
 the despotic power of martial law? 
 
 I answer him that that department of the 
 Government has that power, which has been 
 expressly clothed, by that organic law, with 
 despotic and perfect arbitrary power, in cer- 
 tain contingencies. I refer to the President 
 when acting as the military chieftain of the 
 armies. As I have before stated, the greatest 
 efficiency of any army is achieved when it 
 approaches nearest the perfection of arbitrary 
 and absolute rule; and that, from time im- 
 memorial, has been the aim of all military 
 laws and regulations. Every nation having 
 an army, has felt that there should be but one 
 will to govern that army, to wield the physical 
 force under its command, and that will abso- 
 lute and untrammeled. In times of war, the 
 power of the President of the United States, 
 as Commander-in-Chief of her armies, is des- 
 potic and arbitrary; and must be so, to be of 
 any efficiency whatever — assuming, of course, 
 that the objects to be achieved are legitimate 
 and constitutional. War is defined by Vattel 
 as "that state in which a nation prosecutes 
 its rights by force." ^ 
 
 We next come to the consideration of the 
 question of when martial law should obtain, 
 and what the necessity is that will warrant 
 it; whether that necessity has existed in this 
 country during this rebellion; whether that 
 necessity now exists, so as to warrant this 
 Court to proceed in these cases; and whether 
 the operation of martial law is consistent 
 with, and known to the Constitution and laws 
 of our country. 
 
 The consideration of these points, and their 
 satisfactory settlement, will also settle the 
 second point upon which we place the juris- 
 diction of this Court, to wit: that were no 
 such formal power conveyed by the proclama- 
 tion of the President, yet the "laws of war," 
 the military lex non scripta, and the necessity 
 of the present crisis, would clothe this Court 
 with jurisdiction to try this class of offenses. 
 In considering these questions, I do not pro- 
 pose so much to go back to the decisions of the 
 dark ages, nor to untomb the obsolete law of 
 a thousand years ago, nor to rely so much 
 upon English precedents where the forms cf 
 that Government are so entirely different 
 from those of our own, as upon the action, 
 the precedents, and opinions of the great and 
 good men of our own nation. The very or- 
 ganizations of those despotic, kingly Govern- 
 ments would preclude and almost make im- 
 possible the idea that their action could be 
 quoted as precedents for us. There the King 
 and his faction were at war ever with the 
 aristocracy and the people ; the aristocracy 
 and their interests were at war with the 
 King and the people ; and the interests of the 
 people, the masses, were always, and ever, 
 adverse to the other two. At one time the 
 King would be so securely enthroned, and so 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 255 
 
 strongly seated upon the arms of his soldiers, 
 that he carried his kingly prerogatives to a 
 cruel and oppressive extent; and again, the 
 aristocracy, the titled few of the nation, the 
 landed nobles would dominate, and their inter- 
 ests would -take precedence; and then again 
 the masses, through some noble patriot and 
 champion, would make a struggle once more for 
 their rights. The history of ages and nations 
 that are gone by, are not, therefore, consistent 
 precedents for us ; they are not consistent 
 with each other. Ilore, the great, controlling 
 powers and interests are the rights of the 
 people; no class, no king, nor potentate can 
 maintain interests advevso to them. It can 
 not, however, be said that the action of the 
 English Government, or th:it theEnglish prece- 
 dents cited by the gentleman in his argument, 
 arc against the enfoi'cement of martial law, 
 as they do recognize its existence and utility 
 in great emergencies. Host of the cases 
 cited in that argument — replete, as it is, 
 with vast research and learning — are instan- 
 ces of the abuse of martial law; of the King 
 using it for carrying out his peculiar and 
 tyrannical notions, for oppressing some par- 
 ticular subject. And I could take the same 
 cases cited by the gentleman himself, to show 
 that in no century has any great emergency 
 arisen, as civil war or rebellion, in that 
 country, but that some department of the 
 Government took upon itself the responsi- 
 bility of declaring martial law, and permit- 
 ted the officers of its army to act under its 
 asgis; — in some instances Parliament declar- 
 ing martial law, in others the King claiming 
 it as his peculiar prerogative. Most of the 
 cases cited in which there was an outcry 
 against martial lav/, were those in which the 
 King, in time of peace, had undertaken to en- 
 force martial law in some oppressive manner 
 against some particular subject, from a per- 
 sonal motive. The most prominent to which 
 the gentleman refers is that given by Sir 
 Matthew Hale, in his history of the Common 
 Law, which reads: "The exercise of martial 
 law, whereby any person should lose his life, 
 member, or liberty, may not be permited, in 
 time of peace,^' etc. 
 
 And again, in the case of Edmund, Earl of 
 Kent, which was afterward reversed in 1st 
 Edward 3, the language used is as follows; 
 "That whenevc-.- any subject of the Lord the 
 King shall be arrested for sedition in time of 
 peace,'' etc. In the same case, also, the fol- 
 lowing language occurs: ® a- » » iS 
 "Whence it, follows that when it is made 
 known and manifest that all the time during 
 which it is alleged that the crimes were done, 
 on account of which he was arrested, to the 
 time in which he was taken and adjudged to 
 death, was a time of profound peace," etc. 
 
 I shall not stop now to refer to the circum- 
 stances of the suspension of the writ of 
 haleas corpus, in these cases in England, but 
 simply cite the gentleman's attention to the 
 fact that it was suspended at the time of the 
 invasion of the Pretender, in 1715, and his 
 son in 1745, in Ireland in 1800, and from 1802 
 to 1805, from 1807 to 1810, in 1812, and from 
 1822 to 1824. I desire, however, to call the 
 
 attention of the gentleman and that of the 
 Court to the a<!tion of the British Government 
 in 1848; — the action and speeches of the 
 statesmen of that Government, some of whom 
 arc still on the political stage. 
 
 The agitation in Ireland began to assume 
 a threatening aspect directly after the conti- 
 nental revolutions of February and March; 
 but in the previous December, Parliament had 
 passed an act forbidding the possession of 
 arms in certain troublesome districts. In 
 April an act called the Felony Bill, was 
 passed, making it felony "for any person to 
 compass, imagine, or intend to depose the 
 sovereign, or to levy war against her." In 
 July, the Whig ministry, through Lord John 
 Russell, introduced a bill into Parliament, 
 empowering the Lord Lieutenant of Ireland, 
 and Deputies, to ajjprehend and detain till 
 the 1st of March, 1849, such persons as they 
 should suspect of conspiring against Her 
 Majesty's person and government. This was 
 a suspension of the act of habeas corpus for all 
 Ireland ; — the loyal northern part of the 
 island, as well as the disaffected east, and the 
 rebellious south and west. The bill was in- 
 troduced, and went through all its stages to 
 its final passage, in one day; on the next day, 
 in like manner it passed the House of Lords, 
 the vote being unanimous in both houses, and 
 on the same day, received the assent of the 
 Queen. Even the Irish members did not vote 
 against it. Lord Brougham, in speaking upon 
 the bill in the House of Lords, said: 
 
 " A friend of liberty I have lived, and so I 
 shall die — nor do I care how soon that may 
 be, if I can not be the friend of liberty with- 
 out being a friend of traitors at the same 
 time, without being a protector of criminals, 
 without being deemed to be the accomplice of 
 foul rebellion and its concomitant civil war, 
 with all its hideous train of atrocious crimes. 
 It is because I am a friend of liberty that I 
 detest the conspiracies which are brewing in 
 the sister isle. The noble Marquis (Li^ns- 
 downe) has informed us that the danger is 
 imminent. Then let the measure which in- 
 vests the Government with needful, and no 
 more than needful powers, be immediately 
 adopted." 
 
 These words come home to ns to-day with 
 peculiar force. Earl Derby, then Lord Stan- 
 ley, said : 
 
 "I think that the Government has asked 
 for the right remedy. I think the remedy for 
 which they have asked is one which will 
 strike the right persons, and strike them with- 
 in the right time. I am not one of those who 
 would seek for victims among the credulous 
 dupes of the incendiary agitators of Ireland — 
 dupes who will be put forward in the fnnt 
 ranks for the purpose of committing crimes 
 and outrages. I do not desire — God forbid 
 that' I should — that upon them the severest 
 penalty of the law should fall. Ko 1 1 desire 
 it should fall upon those who, well knowing 
 the conseqijences of their conduct — who, well 
 knowing the falseness of their pretexts^ — who, 
 well knowing the fatal effects that must iiow 
 from, the doctrines they preach, evince a read- 
 iness to sacrifice every thing to their passions 
 
258 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 and their sordid interests, and for their own 
 purposes, do not hesitate to inTolye their 
 friendless and too credulous fellow country- 
 men in the guilt of treason and the danger of 
 civil war. The persona I wish to see punished 
 are those who hare sufficient skill, who have 
 sufficient information and intelligence to keep 
 themselves free from such legal guilt as would 
 bring them under the operation of the law, 
 with the prohability of a conviction, but who, 
 nevertheless, are morally guilty in the eye of 
 God and man, of the crime of inciting to 
 treason, murder, rebellion and civil war. I 
 favor the measure now proposed, chiefly be- 
 cause by its means we shall get rid of all 
 doubts and difficulties ; we shall have no more 
 of these delays of the war, no more of the 
 chicanery which encourages evil doers to hope 
 ^ for ultimate escape, and which is certain to 
 cause such procrastination that when, at 
 length, the sword of justice falls, the example 
 does not produce half the efi'ect it ought to 
 have." 
 
 In the House of Commons, lord John Eus- 
 gell said : 
 
 " I believe in my conscience that this 
 measure is calculated to prevent insurrection, 
 to preserve internal peace, to preserve the 
 unity of this empire, to save the throne of 
 these realms and the free institutions of this 
 country." 
 
 Sir Robert Peel, in speaking on this bill, 
 said: 
 
 "I, for one, am perfectly prepared to insist 
 on no ordinary powers. I believe that the 
 Government is justified in asking for this 
 measure. I believe the measure itself — the 
 power to apprehend on suspicion, and keep 
 the conspirators in confinement — is necessary. 
 I will not urge on the ministry measures of 
 greater coercion than those their own respon- 
 sibility demands; but this I say, as nothing 
 but necessity can justify a suspension of the 
 habeas corpus act, the same necessity makes 
 immediate action desirable." 
 
 Mr. Disraeli thought the House "ought not 
 to hesitate to grant the Government the great 
 and extraordinary powers for which they 
 ask." 
 
 And Mr. Joseph Hume, the leader of the 
 Liberals, and always the fast friend of Ire- 
 land, said that he should "be sorry to see 
 any division on the measure now before the 
 House." 
 
 Martial law in England as completely vio- 
 lates and suspends the Magna Charta as in 
 this country it does our Constitution. Sec- 
 tion 39, which has been referred to by the 
 gentleman, provides that "no freeman shall 
 be taken, or imprisoned, or disseized, or out- 
 lawed, or banished, or any way injured, nor 
 will we pass upon him, nor send upon him, 
 unless by the lawful judgment of his peers, 
 or by the law of the land." 
 
 The Mutiny Act, of 1G89— and which has 
 been re-enacted at every session of Parlia- 
 ment for more than 175 years — contains, 
 a-raong others, the following declaration : 
 
 " Whereas, no man may be forejudged of 
 life or limb, or subject to any kind of judg- 
 ment by martial law, or any other matter 
 
 than by the judgment of his peers, and ac- 
 cording to the known and established laws 
 of this realm," etc. There is no doctrine more 
 ineradicably graven upon the Constitution 
 and the civil polity of England, than the 
 writ of habeas corpus and the exemption of the 
 subject from martial law; but, notwithstand- 
 ing this clear provision of the Magna Charta, 
 as often as it has been necessary, martial law 
 has'been proclaimed. 
 
 In the riots of 1780, after the mob had in- 
 sulted a member of Parliament, and threatened 
 to attack the residence of the Chief Justice, the 
 King in Council issued his proclamation, as 
 follows : 
 
 "We have therefore issued the most direct 
 and effectual orders to all our officers, by an 
 immediate exertion of their utmost force, to 
 suppress the same." After which the Adju- 
 tant General issued the following order, to 
 wit: 
 
 "In obedience to the order of the King in 
 Council, the military are to act without wait- 
 ing the direction of the civil magistrate, and 
 to use force for dispersing the illegal and 
 tumultuous assemblages of the people." 
 
 In subsequent debates in Parliament, the 
 conduct of the King was approved. Lord 
 Mansfield and Lord Thurlow claimed that it 
 was not a prerogative of the King to declare 
 martial law, or to use the military to suppress 
 riots, but they defended the act on the ground 
 of, necessity. 
 
 During the Irish rebellion, in 1798, the Lord 
 Lieutenant of Ireland, Lord Camden, pro- 
 claimed martial law, which existed a year 
 without any legislative action; and after that, 
 the Irish Parliament sanctioned the act. In 
 1801, after the Union, this subject was dis- 
 cussed, and a bill was introduced to continue 
 martial law. In this debate, both those who 
 approved and those who opposed the bill con- 
 ceded the right of the Executive Government 
 to proclaim martial law when necessary. 
 Sheridan, who opposed the bill, said: 
 
 "In case of rebellion, or invasion. His Maj- 
 esty has, by virtue of his prerogative, a right 
 to martial law." 
 
 Lord Castlereagh, in defense of the bill, said: 
 
 "I perfectly understand that the prerogative 
 of the Crown authorizes this act, in its author- 
 ity to exercise martial law. I maintain that 
 it is a constitutional mod« for the Executive 
 Government to exercise martial law in the 
 first instance, and to come to Parliament for 
 indemnity afterward, and is preferable to 
 applying to Parliament first." This is a some- 
 what anomalous declaration on the part of 
 Lord Castlerteagh; for if it was a prerogative 
 of the Crown, and a constitutional mode of 
 exercising that prerogative, where is the ne- 
 cessity of any subsequent indemnifying act? 
 He goes on to say: "The only circvimstance in 
 mind is, whether, if the necessity exists, this 
 is the proper remedy? If it be so, we ought 
 not to take alarm at a departure from prin- 
 ciple, which is necessary for the preservation 
 of the Constitution itself." 
 
 Sir L. Parsons, in opposing the bill, said he 
 thought "the measure tinnecessary. The Ex- 
 ecutive Government could resort to martial 
 
TPIEASON TRIALS AT INDIANAPOLIS, 
 
 257 
 
 law if it was necessary to suppress rebel- 
 liou." 
 
 Mr. Gray, also one of its opponents, said: 
 
 "It was better that the Government should 
 resort to what had been called (he thought 
 not legally) its prerogative of proclaiming 
 martial law. That was no prerogative of the 
 Crown, but rather an act of that power sanc- 
 tioned by necessity, martial law being a sus- 
 pension of the King's peace. But it was better 
 that martial law should proceed from the 
 Executive Government, in urgent moments, 
 than be the work of the Legislature, on very 
 slight pretexts." 
 
 At the time of the rebellion in Ceylon, in 
 1848, the Governor proclaimed martial law, 
 and tried and executed many rebels. Here is 
 a case exactly in point. His conduct was se- 
 verely ci'iticised in England, upon the ground 
 that it was unnecessary; and in an able review 
 in the Quarterly, volume 83, page 127, we find 
 the following: 
 
 "We shall define martial law to be the law 
 of necessity, or defense. The right which a 
 Governor of a colony has to proclaim martial 
 law over subjects, may be said to bear a close 
 analogy to the right which an individual, in 
 absence of legal protection, has to slay an 
 assailant. In both cases, the evil must be 
 grave. In both cases, all regular means of 
 defense must be exhausted, or beyond reach, 
 before the aggrieved party resorts to extrem- 
 ities. In both oases, the burden of proof lies 
 on him who has ventured on such an expedient ; 
 and if he fails to vindicate himself, he is liable 
 to severe punishment. 
 
 "Hallam 1, Constitutional History, page 2-10, 
 says: 
 
 "'There may, indeed, be times of pressing 
 danger, when the conservation of all demands 
 a sacrifice of the legal rights of a few; there 
 may be circumstances that not only justify, 
 but compel the abandonment of constitutional 
 forms. It has been usual for all Governments, 
 during an actual rebellion, to proclaim martial 
 law, or the suspension of civil jurisdiction. 
 And this anomaly, I must admit, is very far 
 from being less indispensable at such unhappy 
 seasons, in countries where the ordinary mode 
 ~of trial is by jury, than where the right of 
 decision rests in the judge.'" 
 
 In considering the opinions and action of 
 British statesmen upon this question, it should 
 be borne in mind that there is an essential 
 difference between the King of England and 
 the President of the United States, in respect 
 to the prerogatives with which they are clothed 
 by the constitutional laws of the respective 
 nations. The King of England is not the 
 Commander-in-Chief of her army and navy, 
 whereas the President of the United States is, 
 by express provision of our Constitution. 
 
 Upon the question of what martial^ law is, 
 and wherein it differs from military law, there 
 can be no difference of opinion, and need be 
 but little discussion. The rules and regula- 
 tions, and special acts of Congress existing 
 for the government of those persons in the 
 military service of the country, constitute the 
 military law; and they are as clear and well 
 defined as any statutes of the land. Martial 
 
 17 
 
 law, on the contrary, can never be restricted 
 by any defined linos, because it is the law of 
 necessity, the law of Bclf-defense, of self- 
 preservation; it is a law to meet a state of 
 disorder; a law to meet the exigences and 
 necessities of great, unexpected emergencies; 
 and whatever law, or rule of action, becomes 
 necessary to meet those emergencies, is martial 
 law. As, for illustration, martial law, as now 
 being administered, has given these prisoners 
 a fair, impartial hearing, according to the 
 strict rules of the civil law, in all questions 
 of evidence, argument, etc.; it has given them 
 the benefit of counsel, of processes to compel 
 the attendance of witnesses; it has allowed 
 them a clear and public trial, in open day, 
 before their peers, and before just and honor- 
 able men. But, under other circumstances, 
 and greater emergencies, it might have de- 
 manded that they be shot down in the streets, 
 without trial, and without hearing; as in case 
 they had gone forward in this conspiracy, 
 attacked your camps, undertaken to release 
 your prisoners, and burn your city. In one 
 case, the emergency might have demanded 
 instant and summary punishment, because 
 found in the act of insurrection; the other 
 admits of, and permits, an investigation ac- 
 cording to the forms of law, to see whether 
 the a(y;used were actually engaged in, and 
 moving forward to the consummation of an 
 insurrection. 
 
 Martial law should obtain, does obtain, and 
 must obtain whenever a state of war exists. 
 Says Vattel, in his Law of Nations, page 346: 
 "The whole is deduced from one single prin- 
 ciple; from the object of a just war; for, 
 when the end is lawful, he who has a right to 
 pursue that end, has, of course, u, right to 
 employ all the means which are necessary for 
 its attainment." 
 
 When the fact of war was once established 
 throughout this country, instantly, by reason 
 of that fact, were brought into existence, so 
 far as was necessary, the laws of war; and 
 those laws were in operation wherever the 
 war was being prosecuted. Wherever the 
 army existed, was moving, in part or in whole, 
 or doing battle, there the laws of war took 
 precedence of the civil laws, the laws of peace. 
 In some places, where the clash of arms had 
 made silent all civil avocations, the army was 
 the controlling, the dominant power: the laws 
 of war, martial law, the law of necessity, was 
 the sole law. In other places, where only a 
 branch of the army was operating, existing, 
 or moving in the general purposes of war, 
 some portions of the civil law would continue 
 in operation: those only, however, which were 
 not inconsistent.'j'^i'ith the existence, move- 
 ments, or operations of that part of the army. 
 Of the necessity that will warrant the declar- 
 ation of martial law, or the silencing of tlio 
 civil law, in part or in whole, the Commander- 
 in-Chief, or his subordinate military com- 
 mander, can, and must bo, the solo judge; 
 and while it is being exorcised, it is the dom- 
 inant law, and is just as much law, just as 
 much constitutional law, as any portion of 
 the civil law. As I have boforo remarked, 
 the officer or person oxeroising this high powei 
 
258 
 
 TREASON TRIALS AT rNDIANAPOLIS. 
 
 must, be, and always is, held to a high ac- 
 countability. If the President exercise it, he 
 can be held accountable to the House and Sen- 
 ate on impeachment; if an inferior military 
 commander, he can beheld accountable before 
 either a military or a civil tribunal. 
 
 It will be recollected by this Court, that in 
 5Tay, 186], while the courts were open and in 
 full force, one John Merryman, a citizen of 
 Maryland, was arrested by military authority, 
 and held by express sanction and direction of 
 the President. A great outcry was raised 
 throiicihout the country, by such men as Val- 
 landigham, Voorhees, and others, at this arbi- 
 trary arrest, as they called it, and Mr. Val- 
 landigham, in an extra session, in 1861, brought 
 forward in the House a resolution of censure 
 or impeachment of the President, for his 
 unauthorized acts during the war, his procla- 
 mations with reference to the blockade, calling 
 out armies to suppress the rebellion, his arbi- 
 trary arrests, etc. At this same session, 
 August 6th, 1861, Congress took action upon 
 this subject as follows: 
 
 "And be it further enacted, That all the acts, 
 proclamations, and orders o.f the President of 
 the United States after the fourth of March, 
 eighteen hundred and sixty-one, respecting 
 the army and navy of the United States, and 
 calling out or relating to the militia or arolun- 
 teers from the States, are hereby approved 
 and in all respects legalized and made valid, 
 to the same extent, and with the same effect 
 as if they had been issued and done under the 
 previous express authority and direction of 
 the Congress of the United States." Vol. 12 
 United States Statutes at Large, page 326. 
 Thus says the law by which Congress conveyed 
 to the President their approval of the power 
 then exercised by him, and their opinion of 
 its necessity. When the necessity for its exer- 
 cise does exist, and the authorities act prompt- 
 ly and vigorously for the good of the Govern- 
 ment and the people, and for the preservation 
 of the life of the nation, that action will be 
 justified and commended by all good men ; 
 for it can hardly be said that the Constitution 
 did not contemplate and provide for the perpe- 
 tuity of its own existence, and give to those 
 who were charged with its preservation suffi- 
 cient power to defend its life in great emer- 
 gencies ; or that it withheld from the Execu- 
 tive, the vital arm of the Government, the 
 pow-er and the right to strike in its own de- 
 fense, and for its very existence. 
 
 Some persons, generally those who have not 
 the best interests of the nation at heart, have 
 been inclined to look upon our Constitution 
 as a cast iron frame, incapfible of change or 
 growth ; in other words, unfitted to the inev- 
 itable growth of the nation ; as not framed to 
 be prospective in its operations, nor con- 
 structed to meet the wants of an everchang- 
 ing, increasing, and progressive nation. Or 
 regard it as an iron band placed about the 
 trunk 'Of a living tree, which would girdle it 
 in its growth, or be burst by it. We are in- 
 clined to that liberal and seemingly states- 
 manlike construction of the instrument that 
 believes it to be adopted to meet the exigen- 
 ces of the nation for which it was brought 
 
 into existence ; we say with Solicitor Whit- 
 ing: 
 
 " By a liberal construction of the Constitu- 
 tion, our Government has passed through 
 many storms unharmed. Slaveholding States, 
 other than those whose inhabitants originally 
 formed it, have found their way into the Union, 
 notwithstanding the guarantee of equal rights 
 to all. The territories of Florida and Louisiana 
 have been purchased from European powers. 
 Conquest has added a nation to our borders. 
 The purchased and the conquered regions are 
 now legally a part of the United States. The 
 admission of new States containing a privil- 
 eged class, the incorporation into our Union 
 of a foreign people, are held to be lawful 
 and valid by all the Courts of the country. 
 Thus far from the old anchorage have we 
 sailed under the flag of 'public necessity,' 
 ' general welfare,' or ' common defense.' Yet 
 the great charter of our political rights ' still 
 lives ;' and the question of to-day is, whether 
 that instrument, which has not prevented 
 America from acquiring one country by pur- 
 chase, and another by conquest, will permit 
 her to save herself?" 
 
 It seems to me that our statesmen, hereto- 
 fore, have been too free to admit the limited 
 and circumscribed powers of that great oi'- 
 ganic law ; but in support of this exercise of 
 the law of necessity — of martial law — some 
 of the prominent writers of our country and 
 many of its ablest statesmen have claimed 
 that a military commander would be author- 
 ized to disregard the Constitution and laws 
 themselves, were it necessary to the preserva- 
 tion of the republic ; and there is no doubt 
 but that the government de facto would be en- 
 tirely upheld and sanctioned in the exercise 
 of such a power. 
 
 It will be remembered that while General 
 Jackson was in command of New Orleans, in 
 1814, when the British were besieging that 
 city, he declared martial law; believing that 
 the safety of the city, and the safety and wel- 
 fare of the citizens demanded it, and that it 
 was necessary for his successful defense of 
 the same. While in command of the city, the 
 General arrested a Frenchman named Loual- 
 ler, on u, charge of instigating treason aud 
 mutiny, and for conspiring with other trea- 
 sonable persons in the city, to aid the enemy. 
 Without affidavit, presentment, or indictment, 
 he arrested this man, threw him into prison, 
 and held him. Judge Hall, the United States 
 District Judge for that District, on the 0th 
 day of March, 1815, issued a writ of habeas 
 corpus directed to General Jackson, requiring 
 him to answer in person, and bring the per- 
 son of Louallier before him. General Jack- 
 son, instead of obeying the writ, arrested this 
 Judge of the United States Court, and by mil- 
 itary force, without hearing or trial, held him 
 for a time as prisoner, and finally sent him 
 beyond his lines. Here was the declaration of 
 martial law, its rigid enforcement, arbitrary 
 arrest, and punishment without any form of 
 trial, by that old patriot General Jackson, 
 whose heroic deeds and name are enshrined in 
 the hearts of all who love their country. 
 
 After the city was saved, and that glorious 
 
TREASON iKIALS AT INDIANAPOLIS. 
 
 259 
 
 battle of Now Orleans — whioU will over make 
 • the name of Jackson immortal — was closed, 
 and the enemy had withdrawn from the envi- 
 rons of the city, the necessity for martia' 
 law no longer existed, and General Jackson, 
 by public proclamation, abrogated it. Judge 
 Hall then returned to the city ; had General 
 Jackson brought before him on a charge of 
 contempt of Court, for refusing to obey the 
 writ of habeas corpus, and fined him f 1,000. 
 The necessity, as before stated, for martial 
 law haying passed away, and the majesty of 
 the civil law having again assorted itself, the 
 General bowed in submission to its mandates. 
 His army, and the loyal citizens of New Or- 
 leans, were so indignant and so outraged by 
 this conduct of Judge Hall, that it was only 
 through the efifbrts of General Jackson him- 
 self, that the Judge was saved from personal 
 violence. 
 
 In the winter of 1843-4, on a resolution to 
 refund to General Jackson this excessive fine, 
 the whole question of martial law was fully 
 discussed by Congress. On January 7th, 
 Stephen A. Douglas, that clear-headed lawyer, 
 patriot and statesman, reviewed the whole 
 subject in an able speech, from which I pro- 
 pose to make a few extracts. He says : 
 
 " To refuse to pass it, [the bill for refund- 
 ing the fine,] would be an act of the grossest 
 injustice to the American people, and would 
 stamp them with ingratitude to their bravest 
 defender. I am not one to admit that General 
 Jackson violated the Constitution, or the law, 
 at New Orleans. I deny that he violated 
 either. I insist that the General rightfully 
 performed every act that his duty required, 
 and that his right to declare martial law, and 
 enforce it, resulted from the same source, and 
 rested on the same principle, that the gentle- 
 man from New York [Mr. Barnard] asserted, 
 from which Judge Hall derived the authority 
 to punish for contempt, without trial, without 
 witnesses, without jury, and without any 
 thing but his own arbitrary will. The gen- 
 tleman asserted that the power to punish for 
 contempt was not conferred by the statute, or 
 by the common law, but was inherent in 
 every judicial tribunal and legislative body; 
 and he cited the authority of the Supreme 
 Court to support the assertion. He said that 
 this power was necessary to the Courts, to ena- 
 ble them to perform the duties which the laws 
 intrusted to them, and arose from the neces- 
 sity of the case. Now, it was from the same 
 source that the power to declare martial law 
 was derived — its necessity in time of war for 
 the defense of the country. The defense of the 
 lives and liberties of the people, as well as their 
 property, being all intrusted to the discretion 
 of the commanding General, it became his duty 
 to declare martial law, if the necessity of the 
 case required it. If it became necessary to blow 
 up a fort, he was authorized to do it; if it became 
 necessary to sink a vessel, he was authorized 
 to do it; and if it became necessary to burn 
 a city, he was authorized to do it. The neces- 
 sity of the case was the law to govern him ; 
 and he, on his responsibility, must judge of 
 the existence of that necessity. It was the 
 first law of nature which authorized a man to 
 
 defend his own person, and his wife and hia 
 children at all hazards. It was that law 
 which authorized this body to repel aggres- 
 sion and insult, and protect itself in the exer- 
 cise of its legislative functions; and it was 
 that law which authorized courts of justice 
 to defend themselves and punish for con- 
 tempts. He acknowledged that this was a 
 high-handed and despotic power — one that 
 was only to be exercised when necessary, and 
 which ceased when the necessity no longer 
 existed. Such was the power under which 
 General Jackson declared martial law at New 
 Orleans. On this part of the subject he did 
 not intend to go into the history of all the 
 ocourren<!es of that period — they had been 
 detailed in a most faithful and interesting 
 manner, by the gentleman from Louisiana, 
 [Mr. SlidellJ It was suiEcient for him to 
 know that General Jackson, who was the 
 commanding General, deemed it necessary to 
 declare martial law in order to defend the 
 city." * »«»»»«» sj » Si » 
 "These things would not be questioned. The 
 necessity and the glorious effects resulting 
 from the course which that necessity pi-ompted 
 were acknowledged by the whole country, 
 and he would even say by the whole civilized 
 world. Then, as far as this bill was concerned, 
 he [Mr. D.] cared not whether their acts were 
 legal or illegal. He cared not whether Gen- 
 eral Jackson violated the Constitution or not. 
 He cared not whether General Jackson sus- 
 pended all civil authority or not. If his acts 
 were necessary to the defense of the country, 
 that necessity was above all law. General 
 Jackson hazarded everything; he hazarded 
 both life and reputation on that step, which 
 might render him immortal if it saved the 
 country, or, on the contrary, make him igno- 
 minious, and a by-word, and a reproach; and 
 the man that dared to do that, deserved the 
 protection and the plaudits of his country. 
 He did not envy the feelings of that man that 
 would get up and talk calmly and coolly 
 under such circumstances, about rules of 
 Court and technicalities of proceeding, and 
 the danger of example, when the city might 
 be in flames and the utmost barbarity might 
 be committed. What were rules of Court but 
 mere cobwebs when they found an enemy 
 with his cannon at the doors of their Courts, 
 and when they saw the flames encircling the 
 cupola? Talk then about rules of Court, and 
 the formality of proceedings 1 The man that 
 would do this, would fiddle while the capital 
 was burning. He envied not any man the 
 possession of such stoical philosophy. Talk 
 about illegality! Talk about formalities I Why, 
 there was but one formality to be observed; 
 and that was the formality of directing the 
 cannon, and destroying the enemy, regardless 
 of the means whether it be by the seizure of 
 cotton bags, or tho seizure of persons, if the 
 necessity of the case required it. Tho God of 
 nature has conferred this right on men and 
 nations ; and therefore let him not be told 
 that it was unconstitutional. To defend the 
 country, let him not bo told that it was un- 
 constitutional to use tho proper means. The 
 Constitution was adopted for the protection of 
 
260 
 
 TKEASON TRIALS AT INDIANAPOLIS. 
 
 tlie country ; and under that Constitution the 
 nation had the right to exercise all the powers 
 that were necessary for the protection of the 
 country. If mariial law was necessary to the sal- 
 vation of the country, martial law was legal for 
 that purpose. If it was necessary for a judge, 
 for the preservation of order, to punish for 
 contempt, ho thought it was necessary for a 
 general to exercise control over his cannon, 
 to imprison traitors, and to arrest spies, and 
 to intercept communications with the enemy. 
 If this was necessary, all this was legal. 
 
 "But the ground on which he placed the 
 defense — and he denied that General Jackson 
 did any act which was not justified by right- 
 ful and legal authority — was as high and as 
 sacred as self-defense. General Jackson did 
 not exercise any unnecessary arbitrary au- 
 thority. He did not suspend the civil law 
 nor close the civil tribunals, any farther than 
 was necessary for the carrying out of the mil- 
 itary defense of the country. To this extent 
 he did do it, and to this extent it was right that 
 he should do it. In other respects, the civil law, 
 and the courts were in full force. True, Gen- 
 eral Jackson would not allow them to commu- 
 nicate with the enemy ; but they could not 
 surrender aught to the enemy ; he deprived 
 them of the power to commit treason ; but he 
 deprived them of no power that an honest 
 man would desire to exercise. He imposed no 
 restraint that any man devoted to the country 
 would regret; and the men who instigated 
 proceedings against General Jackson were 
 the men who skulked in the hour of danger." 
 See Globe Report of the 28th Congress, first 
 session. 
 
 Robert J. Walker, in the Senate, submitted 
 a report upon this subject, in which he said: 
 
 "The law which justified this act, was the 
 great law of necessity; it was the law of self- 
 defense. This great law of necessity — of de- 
 fense of self, of home, and of country — never 
 was designed to be abrogated by any statute, 
 or by any Constitution." 
 
 Mr. Payne, of Alabama, also speaking upon 
 this subject, said: 
 
 "I shall not contend that the Constitution 
 or laws of the United States authorize the 
 declaration of martial law by any authority 
 whatever; on the contrary, it is unknown to 
 the Constitution or laws." And commenting on 
 the argument that if the Constitution did not 
 authorize it, the General ought not to have 
 declared martial law, he says : 
 
 "Who could tolerate this idea? An Arnold 
 might, but no patriotic American could. I 
 may be asked upon what principle a com- 
 mander can declare martial law, when it is 
 so evident that the Constitution or laws afford 
 him no authority to do so? I answer, upon 
 the principle of self-defense, which rises par- 
 amount to all written laws; and the justifica- 
 tion of the ofiicer who assumes the responsi- 
 bility of acting on that principle, must rest 
 upon the necessity of the case." 
 
 In a written document submitted by General 
 Jackson to the Court, Mr. Livingston gave his 
 opinion as follows: • 
 
 "On the nature and effect of the proclama- 
 tion of martial law by Major General Jackson, 
 
 my opinion is that such proclamation is un- 
 known to the Constitution and laws of the 
 United States; that it is to be justified only by 
 the necessities of the case;" etc. 
 
 With Mr. Payne and Mr. Livingston I can 
 not fully agree. I believe the power exercised 
 by General Jackson, or by any military com- 
 mander in any grfeat emergency — in the de- 
 fenseof a city, of a people, or the nation itself— 
 is expressly authorized and sanctioned by the 
 Constitution, by that provision which makes 
 the President Commander-in-Chief of the 
 armies, and that other provision which charges 
 him to take care that the laws be faithfully 
 executed. In a lesser degree, the same power 
 may be constitutionally exercised by a subor- 
 dinate military commander. 
 
 And Congress sanctioned this view of the 
 case, by refunding to General Jackson this 
 fine, with full interest; every Democratic 
 member of Congress and many of the Whigs, 
 voting for it. It was passed in the House, 
 January 8th, 1844, by the unparalleled ma- 
 jority of 158 to 28, and in the Senate, by 30 
 to 16. 
 
 Thomas Jefferson, in his letter to Mr. Colvin, 
 dated September 20th, 1810, (see Jefferson's 
 Complete Works, volume 5), has also very fully 
 discussed this question. In speaking of the 
 action of General Wilkinson, at New Orleans, 
 he instances cases almost exactly parallel to 
 those in hand. The cases were not as strong 
 as these, for no war was in actual existence, 
 no actual rebellion holding at bay the entire 
 Government, but only the expectancy of an 
 insurrection or rebellion; and yet Jefferson 
 justifies Wilkinson in seizing notorious con- 
 spirators within his limits, and sending them 
 beyond his lines, without trial or hearing, to 
 the seat of Government, when they had a right, 
 by the terms of the Constitution, to trial in 
 the district in which their oflenses were com- 
 mitted, and says that there can be but two 
 opinions upon this question, that of the guilty 
 and their accomplices, and that of all honest 
 men. 
 
 "The question you propose, whether circum- 
 stances do not sometimes occur which make 
 it a duty in officers of high trust, to assume 
 authorities beyond the law, is easy of solution 
 in principle, but sometimes embarrassing in 
 practice. A strict observance of the written 
 laws, is doubtless one of the high duties of a 
 good citizen, but it is not the highest. The laws 
 of necessity, of self-preservation, of saving 
 our country when in danger, are of higher 
 obligation. To lose our country by a scrupu- 
 lous adherence to written law, would be to 
 lose the law itself, with life, liberty, property, 
 and all those who are enjoying them with us; 
 thus absurdly sacrificing the end to the means. 
 When, in the battle of Germantown, General 
 Washington's army was annoyed from Chew's 
 house, he did not hesitate to plant his cannon 
 against it, although the property of a citizen. 
 When he besieged Yorktown, he leveled the 
 suburbs, feeling that the laws of property 
 must be postponed to the safety of the nation. 
 While the army was before York, the Governor 
 of Virginia took horses, carriages, provisions, 
 and even men, by force, to enable that army 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 261 
 
 to stay together till it could master the public 
 cuemy ; and he was justified. A ship at sea, 
 in distress for provisions, meets another hav- 
 ing abundance, yet refusing a supply; the 
 law of self-preservation authorizes the dis- 
 tressed to take a supply by force. In all these 
 cases, the unwi-itten laws of necessity, of self- 
 preservation, and of the public safety, control 
 the written laws of meum and ttmm. a « » 
 
 "To proceed to the conspiracy of Burr, and 
 particularly to General Wilkinson's situation 
 in New Orleans. In judging this case we are 
 bound to consider the state of the information, 
 correct and incorrect, which he tlien possessed. 
 He expected Burr and his band from above, a 
 British fleet from below, and he knew there 
 was a formidable conspiracy within the city. 
 Under these circumstances, was he justifiable, 
 1st, in seizing notorious conspirators? On 
 this there can be but two opinions; one, of 
 the guilty and their accomplices ; the other, 
 that of all honest men. 2d. In sending them 
 to the seat of Government, when the written 
 law gave them a right to trial in the territory ? 
 The danger of their rescue, of their continu- 
 ing their machinations, the tardiness and 
 weakness of the law, apathy of the judges, 
 active patronage of the whole tribe of lawyers, 
 unknown disposition of the juries, an hourly 
 expectation of the enemy, salvation of the 
 city, and of the Union itself, which would 
 have been convulsed to its center, had that 
 conspiracy succeeded; all these constituted a 
 law of necessity and self-preservation, and 
 rendered the salus populi supreme over the 
 written law. The officer who is called to act 
 on this superior ground, does indeed risk 
 himself on the justice of the controlling powers 
 of the Constitution, and his station makes it 
 his duty to incur that risk. But those con- 
 trolling powers, and his fellow citizens gen- 
 erally, are bound to judge according to the 
 circumstances under which he acted." 
 
 I refer the gentleman to these well digested 
 and unequivocal utterances of the President 
 of the United States — I might say one of the 
 founders of the Government — and one of the 
 most learned expounders of the Constitution, 
 as an answer to why these arrests? and where 
 the jurisdiction of this Court? 
 
 In a debate in Congress, on the joint resolu- 
 tions of distributing rations to the distressed 
 refugees from Indian hostilities, on the 26th 
 of May, 1836, John Quincy Adams, in speaking 
 upon the subject of the war power of Congress 
 and of the President, said: 
 
 "Now, the powers incidental to war are 
 derived, not from their internal municipal 
 source, but from the lawi and usages of nations. 
 
 "There are, then, Mr. Chairman, in the au- 
 thority of Congress and of the Executive, two classes 
 of powers, altogether different in their nature, and 
 often incompatible with each other — the war power 
 and the peace power. The peace power is limited 
 by regulations and restricted by provisions 
 prescribed within the Constitution itself. The 
 war power is limited only by the laws and 
 usages of nations. This power is tremendous ; 
 it is strictly constitutional, but it breaks down every 
 barrier so anxiously erected for the protection of 
 liberty, of properly, and of life. 
 
 IIS » » » » Tiiero ^ro, indeed, powers 
 of peace conferred upon Congress which also 
 come within the scope and jurisdiction of the 
 laws of nations, such as the negotiation of trea- 
 ties of amity and commerce, the interchange 
 of public ministers and consuls, and all the 
 personal and social intercourse between the 
 individual inhabitants of the United States 
 and foreign nations, and the Indian tribes, 
 which require the interposition of any law. 
 But the powers of war are all regulated by tlie 
 laws of nations, and are subject to no other lim- 
 itation." Thus it will be seen that all the power 
 claimed for the President as Commander-in- 
 Cliief of the armies, or for his subordinate 
 military commanders, is more than conceded 
 by this great statesman. In speaking upon 
 this same subject. Solicitor Whiting, in the 
 pamphlet from which I have already quoted, 
 forcibly says: 
 
 " Some persons have questioned whether title 
 passes in this country by capture or confisca- 
 tion, by reason of some of the limiting clauses 
 of tlic Constitution ; and others have gone so far 
 as to assert that all the proceedings under mar- 
 tial law, such as capturing enemy's property, 
 imprisonment of spies and traitors, and sciz ares 
 of articles contraband of war, and suspending 
 the habeas corpus, are in violation of the Con- 
 stitution, which declares that no man shall be 
 deprived of life, liberty, or property without 
 due process of law; that private property shall 
 not be taken for public use without just com- 
 pensation; that unreasonable searches and 
 seizures shall not be made; that freedom of 
 speech and of tlie press shall not be abridged; 
 and that the right of the people to keep and 
 bear arms shall not be infringed. 
 
 "If these rules are applicable to a state of 
 war, then capture of property is illegal, and 
 does not pass a title; no defensive war can be 
 carried on; no rebellion can be suppressed; 
 no invasion can be repelled; the army of the 
 United States, when called into the field, can 
 do no act of hostility. Not a gun can be fired 
 constitutionally, because it might deprive a rebel 
 foe of his life without due process of law — 
 firing a gun not being deemed a 'due process 
 of law.' ■*■ » « » » « If these rules 
 above cited have anj- application in time of 
 war, the United States can not protect each of 
 the States from invasion by citizens of other 
 States, nor against domestic violence; nor can 
 the army, or militia, or navy be used for any 
 of the purposes for which the Constitution 
 authorizes or requires their employment. If 
 all men have the right to 'keep and bear 
 arms,' what right has the army of the Union 
 to take them away from rebels? If 'no one 
 can constitutionally be deprived of life, lib- 
 erty, or property without due process of law,' 
 by what right does Government seize and 
 imprison traitors? By what right does the 
 army kill rebels in arms, or burn up their 
 military stores? If the only way of dealing 
 constitutionally with rebels in arms is to go 
 to law with them, the President should con- 
 vert his army into lawyers, justices of the 
 peace, and constables, and serve 'summonses 
 to appear and answer to complaints,' instead 
 of a summons to surrender. He should send 
 
262 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 'GEEETiNGs' instead of sending rifle shot. 
 He should load his caissons with 'pleas in 
 abatement and demurrers,' instead of thirty- 
 two pound shell and grape shot. In short, 
 he should levy writs of execution, instead of 
 levying war. On the contrary, the Com- 
 mander-in-Chief proposes a different applica- 
 tion of the due process of law. His sum- 
 mons is, that rebels should lay down their 
 arms; his pleas are batteries and gunboats; 
 his arguments are hot shot, and 'always to 
 the point;' and when his fearful execution is 
 ' levied on the body,' all that is left will be 
 for the undertaker. 
 
 "The clauses which have been cited from 
 the amendments to the Constitution were 
 intended as declarations of peaceful and loyal 
 citizens, and safeguards in the administra- 
 tion of justice by the civil tribunals; but it 
 was necessary, in order to give the Govern- 
 ment the means of defending itself against 
 domestic or foreign enemies, to maintain its 
 authority and dignity, and to enforce obedi- 
 ence to its laws, that it should have unlim- 
 ited war powers; and it must not be forgotten 
 that the same authority which provides those 
 safeguards, and guarantees those rights, also 
 imposes upon the President and Congress the 
 duty of so carrying on war as of necessity to 
 supersede and hold in temporary suspense, 
 such civil rights as may prove inconsistent 
 with the complete and effectual exercise of 
 such war powers, and of the belligerent rights 
 resulting from them. * * * * * By 
 martial law, loyal citizens may be for a time 
 debarred from enjoying the rights they would 
 be entitled to in time of peace. Individual 
 rights must always be held subject to the exi- 
 gences of national safety. 
 
 "In war, when martial law is in force, the 
 laws of war are the laws which the Constitu- 
 tion expressly authorizes and requires to be 
 enforced. The Constitution, when it calls 
 into action martial law, for the time changes 
 civil rights, or rights which the citizen would 
 be entitled to in peace, because the rights of 
 persons in one of these cases are totally in- 
 compatible with the obligations of persons in 
 the other. Peace and war can not exist to- 
 gether — the laws of peace and war can not 
 operate together ; the rights and procedures 
 of peaSeful times are incompatible with those 
 of war. It is an obvious, but pernicious error 
 to suppose that in a state of war, the rules of 
 martial law, and the consequent modification 
 of the rights, duties and obligations of citi- 
 zens, private and public, are not authorized 
 strictly under the Constitution." 
 
 Attorney General Bates, on the 5th of July, 
 18G1, transmitted to the House, in answer to 
 a resolution of that body, an opinion based 
 upon certain questions, one of which was as 
 follows : "In the present time of a great and 
 dangerous insurrection, has the President 
 the discretionary power to cause to bo arrested 
 and held in custody persona known to have 
 criminal intercourse with the insurgents, or 
 persons against whom there is probable cause 
 for suspicion of such criminal complicity ?" 
 In answer to this, and to other questions pro- 
 pounded by the House, he says : 
 
 " The argument maybe briefly stated, thus: 
 It is the President's boundeu duty to put 
 down the insurrection, as (in the language of 
 the act of 1796) the 'combinations are too 
 powerful to be suppressed by the ordinary 
 course of judicial proceedings,, or by the pow- 
 ers vested in the marshals.' And this duty 
 is imposed upon the President for the very 
 reason that the courts and the marshals are 
 too weak to perform it. The manner in which 
 he shall perform that duty is not prescribed 
 by any law, but the means of performing it 
 are given in the plain language of the stat- 
 utes, and they are all means of force — the 
 militia, the army, and the navy. The end, 
 the suppression of the insurrection, is required 
 of him; the means and instruments to sup- 
 press it are lawfully in hi^ hands; but the 
 manner in which he shall use them is not pre- 
 scribed, and could not be prescribed without 
 a foreknowledge of all the future changes 
 and contingencies of the insurl-ection. He is, 
 therefore, necessarily thrown upon his discre- 
 tion, as to the manner in which he will use 
 his means to meet the varying exigences as 
 they arise. If the insurgents assail the 
 nation with an army, he may find it best to 
 meet them with an army, and suppress the 
 insurrection in the field of battle. If they 
 seek to prolong the rebellion and gather 
 strength by intercourse with foreign nations, 
 he may choose to guard the coasts and close 
 the ports with a navy, as one of the most 
 efScient means to suj)prcss the insurrection, 
 and if they employ spies and emissaries to 
 gather information, to forward secret sup- 
 plies, and to excite new insurrections in aid 
 of the original rebellion, he may find it both 
 prudent and humane to arrest and imprison 
 them. And this may be done either for the 
 purpose of bringing them to trial and con- 
 dign punishment for their crimes, or they 
 may be held in custody for the milder end of 
 rendering them powerless for mischief until 
 the exigency is past." 
 
 Upon this same subject — how far a nation 
 may go in the use of power, and the means 
 within its reach, to preserve its own existence — 
 Vattel, in his Law of Nations, pp. 5 and 6, 
 well remarks: 
 
 " Since, then, a nation is obliged to preserve 
 itself, it has a right to every thing necessary 
 for its preservation. For the law of nations 
 gives us a right to every thing, without which 
 we can not fulfill our obligation; otherwise, it 
 would oblige us to do impossibilities, or rather, 
 would contradict itself in prescribing us a 
 duty, and at the same time, debarring us of 
 the only means of fulfilling it. s « s » 
 " A nation or State has a right to every thing that 
 can help to ward off imminent danger, and keep at 
 a distance whatever is capable of causing its ruin, 
 and that from the very same reasons that establish 
 its right to the things necessary to its preservation." 
 Of what martial law is, when it is to be 
 called into existence, and to whom it applies, 
 Benet, in his Military Law and Courts-Martial, 
 page 14, has very tersely said: 
 
 "Martial law, then, is that military rule and 
 authority which exists in time of war, and is 
 conferred by the laws of war, in relation to 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 263 
 
 person and things under and within the scope 
 of active military operations in carrying on 
 the war, and which extinguishes or suspends 
 civil rights, and the remedies founded upon 
 them, for the time being, so far as it may ap- 
 pear to be necessary in order to the full ac- 
 complishment of the purpose of the war, the 
 party who exercises it being liable in an ac- 
 tion for any abuse of the authority thus con- 
 ferred. II is the application of military 
 govet-nment — the government of force — to 
 person and property within the scope of it, 
 according tc the laws and usages of war, to 
 the cxclusicn of the municipal government, 
 in all respects where the latter would impair 
 the efficiency of military law or military ac- 
 tion." See also Xorth American Review, Octo- 
 ber, 1861. 
 
 And again, Halleck, in his InternaUonal 
 Law and Laws of IPac, page 380, says that 
 this right to declare, apply and exercise mar- 
 tial law, is one of the rights of sovereignty, 
 and is as essential to the existence of a 
 State as is the right to declare and carry on 
 war. He says: 
 
 "We remark, in conclusion, that the right 
 to declare, apply and exercise martial law, is 
 one of the rights of sovereignty, and is as es- 
 sential to the existence of a State as is the 
 right to declare or carry on war. It is one 
 of the incidents of war; and, like the power 
 to take human life in battle, results directly 
 and immediately from the fact that war le- 
 gally exists. It is a power inherent in every 
 government, and must be regarded and recog- 
 nized by all other governments; but the ques- 
 tion of the authority of any particular func- 
 tionary to exercise this power, is a matter to 
 be determined by local and not by interna- 
 tional law. Like a declaration of a siege or 
 blockade, the power of the officer who makes 
 it is to be presumed until disavowed, and neu- 
 trals who attempt to act in derogation of that 
 authority, do so at their peril." 
 
 We come now to the decisions of our civil 
 tribunals touching these questions. In the 
 case of Luther vs. Borden, heretofore referred 
 to in the discussion of these principles. Chief 
 Justice Taney, in delivering the opinion of the 
 Court, said: 
 
 "It was so understood and construed by the 
 State authorities, and, unquestionably, a State 
 may use its military power to put down an 
 armed insurrection too strong to be controlled 
 by the civil authority. The power is essential 
 to the existence of every government, essential to the 
 preservation of order and free institutions, and is as 
 necessary to the States of tliis Union as to any other 
 government. The State itself must determine 
 what degree of force the crisis demands. And 
 if the government of Rhode Island deemed the 
 armed opposition so formidable, and so rami- 
 fied throughout the State, as to require the use 
 of its military force, and the declaration of 
 martial law, we see no ground upon which this 
 Court can question its authority. It was a 
 state of war; and the established government re- 
 sorted to the rights and usages of war to maintain 
 itself, and to overcome the unlawful opposition. 
 And in that state of things, tlie officers en- 
 , in its military service might' lawfully 
 
 arrest any one who, from the information be- 
 fore them, they had reasonable grounds to be- 
 lieve WI13 engaged in the insurrection, and 
 might order a house to be forcibly entered and 
 searched, when there were reasonable grounds 
 for supposing he might be there concealed. 
 Without power to do this, martial law and the mil- 
 itary array of the government would be mere par- 
 ade, and rather encourage attack than repel it No 
 more force, however, can be used than is nec- 
 essary to accomplish the object. And if the 
 power is used for purposes of oppression, or 
 any injury willfully done to person or prop- 
 erty, the party by whom, or by whose order, it 
 is committed, would undoubtedly be answera- 
 ble." 
 
 Here we have the entire question decided by 
 the highest tribunal in the land, as to the 
 right of any government to use its full mili- 
 tary power, to resort to the rights and usages 
 of war to maintain itself, and to overcome an 
 unlawful opposition; or, in other words, to put 
 in force the laws of war, and enforce martial 
 law. 
 
 As to wherein resides the authority to de- 
 clare martial law, or in what branch of the 
 Government it resides, this Court does not de- 
 cide: it does however recognize martial law, 
 as a legitimate means of preserving the Gov- 
 ernment in great emergencies. 
 
 In the same case. Justice Woodbury dissent- 
 ing, invieghing at great length against the 
 existence of martial law, under any contin- 
 gency under our CousLitution, finally sums up 
 the whole matter by the following admission: 
 "The necessities of foreign war, it is conceded, 
 sometimes impart great powers as to both 
 things and persons, but they are modified by 
 these necessities and subjected to numerous 
 regulations of national law, justice and hu- 
 manity. These, when they exist in modern 
 times, while laying the persons who conduct 
 war under some necessary authority of an 
 extraordinary character, must limit, control 
 and make its exercise under certain circum- 
 stances, and in a certain manner, justifiable or 
 void, with almost as much certainty and clear- 
 ness as in provisions concerning municipal 
 authority or duty. So may it be in some ex- 
 treme stages on civil war. Among these my 
 impression is that a state of war, whether for- 
 eign or domestic, may exist, in the great perils 
 of which it is competent, under its rights and 
 on principles of national law, for a command- 
 ing officer of troops, under the control of the 
 Government, to extend certain rights of war, 
 not only over his camp but its environs, and 
 the near field of his military operations." 
 6th American Archives, 186. Johnson vs. Davis 
 el al., 3 Marslon, 535-51. 
 
 On this rested the justification of one of the 
 great commanders of this war and the age, in 
 a transaction so well known at New Orleans. 
 
 "But in civil strife, they are not to extend 
 beyond the places where insurrection exists." 
 3 Marsion, 551. "Nor to portions of the State 
 remote from the scene of military operations, 
 nor after the resistance is over, nor to persons 
 not connected with it, nor even within the 
 scene can they extend to the person or prop- 
 erty of citizeBB against whom no probable 
 
264 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 cause exists wMcli may justify it." Sutton ts. 
 Johnson, 1 D. ^ E., 549. "Nor to the property 
 of any person without necessity or civil pre- 
 cept." 
 
 Here Justice Woodbury himself admits that, 
 in certain contingencies, extraordinary pow- 
 ers may be exercised under the segis of mar- 
 tial law, limited only by time, place and cir- 
 cumstances. He calls them the "rights of 
 war." I have named the same thing, and the 
 law generally names it the "laws of war." 
 He says, "they" [the rights of war] [the laws 
 of war] "are not to extend beyond the places 
 where insurrection exists, nor to the portions 
 of the State remote from the scene of military 
 operations, nor after the resistance is over, 
 nor to persons not connected with it, nor to 
 persons against whom no probable cause ex- 
 ists." Of course, then, with these limitations, 
 an arrest may be made legally and constitu- 
 tionally under the exigences contemplated. 
 
 The argument to which we have listened on 
 the great danger of too much power being ex- 
 ercised by the President, or the danger of this 
 power being exercised by him, is very ably 
 replied to by Chief Justice Taney, on page 44 
 of 1th Howard. 
 
 "It is said that this power of the President 
 is dangerous to liberty, and may be abused. 
 All power may be abused if placed in un- 
 worthy hands. But it would be difficult, we 
 think, to point out any other hands in which 
 this power would be more safe, and, at the 
 same time, equally effectual. When citizens 
 of the same State are in arms against each 
 other, and the constituted authorities unable 
 to execute the laws, the interposition must be 
 prompt or it is of little value. The ordinary 
 course of proceedings in courts of justice 
 would be utterly unfit for the crisis. And 
 the elevated office of the President, chosen as 
 he is by the people of the United States, and 
 the high responsibility he could not fail to feel 
 when acting in a case of so much moment, ap- 
 pear to furnish as strong safeguards against 
 willful abuse of power as human prudence and 
 foresight could well provide. At all events, 
 it is conferred upon him by the Constitution 
 and laws of the United States, and must, 
 therefore, be respected and enforced in its ju- 
 dicial tribunals." 
 
 In a series of Prize cases decided by the 
 Supreme Court, March 10th, 1863, the opin- 
 ion of the Court was delivered by Mr. Justice 
 Grier. Of the war powers of the President 
 during this rebellion, he says: "By the Con 
 stitution. Congress alone has power to declare 
 national or foreign war. It can not declare 
 war against a State, or any number of States, 
 by virtue of any clause in the Constitution. 
 It confers on the President the whole execu- 
 tive power; he is bound to take care that the 
 laws be faithfully executed. He is Com- 
 mander-in-Chief of the army and navy of 
 the United States, and of the militia of the 
 several States when called into the active ser- 
 vice of the United States. He has no power 
 to initiate or declare war, either against a 
 foreign nation or a domestic State; but by the 
 act of Congress of February 28th, 1795, and 
 March S, 1861, he is authorized to call out the 
 
 militia and use the military and naval forces 
 of the United States ; in case of invasion by 
 a foreign nation, the President is not only au- 
 thorized, but bound to resist force by force. 
 He does not initiate a war, but is bound to ac- 
 cept the challenge, without veaiting for any 
 special legislative authority. And whether 
 the hostile party be a foreign invader, or 
 States organized in rebellion, it is none the less 
 a war, although the declaration of it be vmi- 
 laleral. Loi;d Stowell {lat Dodson, 247) ob- 
 serves that it is none the less a war on that 
 account, for war may exist without a declara- 
 tion on either side." 
 
 Thus we see that under the Constitution, it 
 is the duty of the President to move forward, 
 to enter upon the highway toward the sup- 
 pression of a rebellion or insurrection, or to 
 meet an invading foe, without any action of 
 Congress, and without any declaration of 
 war; and the route that he shall take, the 
 means that he shall use to meet and suppress 
 that rebellion, or insurrection, are solely in 
 his own discretion. 
 
 Again, Justice Grier says, in the same opin- 
 ion: "Whether the President in fulfilling his 
 duties as Commander-in-Chief, in suppressing 
 an insurrection, has met with such armed 
 hostile resistance, and with civil war of such 
 alarming proportions as will compel him to 
 accord to them a character of belligerents, is 
 a question to be decided by him; and this 
 Court must be governed by the decision and 
 acts of the political department of the Gov- 
 ernment to which this power is intrusted. // 
 must determine what degree of power the crisis de- 
 mands. The proclamation of the blockade is 
 itself official and conclusive evidence to the 
 Court that a state of war existed which de- 
 manded and authorized a recourse to such a 
 measure." Thus the Supreme Court of the 
 United States, in the last cases brought before 
 it in which this question was at all discussed, 
 on March 10th, 1863, expressly decided that 
 with the President rests the determination of 
 the degree of power which the crisis demands 
 shall be exercised, and with that determina- 
 tion the Court can not interfere. The Presi- 
 dent has determined that the degree of power 
 necessary to suppress this rebellion is, to 
 hold this class of offenders amenable to mar- 
 tial law, and to trial by military courts; and 
 his decision in this matter is final. Upon 
 this same question, I find the following: 
 'i Moreover, when a military force is called 
 out to repel invasion or suppress a rebellion, 
 it is not placed under the direction of the ju- 
 diciary, but under that of the executive. Sup- 
 pose the military force, legally and constitu- 
 tionally called into service for the purposes 
 indicated, should find it necessary, in the 
 course of its military operations, to occupy a 
 field or garden, or destroy trees, or houses, 
 belonging to some private person, can a court, 
 by injunction, restrain them from committing 
 such waste? It can do so in time of peace, 
 and if its powers are to continue in time of 
 war, the judiciary, and not the executive, 
 will command the army and navy. The tak- 
 ing or destroying of private property in such 
 cases, is a military act, an act of war, and 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 265 
 
 must te goYer'ned by the laws of war ; it is 
 not provided for by the laws of peace. In the 
 same way, a person taken and held by the 
 military forces, whether before, or in, or after 
 a battle, or without any battle at all, is virtu- 
 ally a prisoner of war. No matter what his al- 
 leged offense, whether ho is a rebel, a traitor, 
 a spy, or an enemy in arms, he is to be held 
 and punished according to the laws of war, 
 for these have been substituted for the laws 
 of peace. And for a person so taken and held by 
 the military authority, a writ of habeas corpus 
 can have no effect, because, in the words of 
 the United States Supreme Court, 'the ordin- 
 ary course of justice would be utterly unfit 
 for such a crisis.' " International and Laws of 
 War, ffalleck, p. 378. 
 
 Finally, upon this question, the counsel for 
 the accused, in their argument against the 
 jurisdiction of this Court, rely mainly upon 
 the amendments to the Constitution, articles 
 5 and 6, which read as follows : 
 
 "Art. 5. No person shall be held to answer for 
 a capital or otherwise infamous crime, unless 
 onapresentmentorindictmcntbyagrandjury, 
 except in cases arising in the land or naval 
 forces, or in the militia when in actual ser- 
 vice in time of war, or public danger; nor 
 shall any person be subject for the same of- 
 fense to be twice put in jeopardy of life or 
 limb; nor shall be compelled in any criminal 
 case to be a witness against himself, nor be 
 deprived of life, liberty, or property, without 
 due process of law; nor shall private prop- 
 erty be taken for public use, without just 
 compensation. 
 
 "Art. 6. In all criminal prosecutions, the 
 accused shall enjoy the right to a speedy and 
 public trial, by an impartial jury of the State 
 and district wherein the crime shall have been 
 committed, which district shall have been pre- 
 viously ascertained by law, and to be in- 
 formed of the nature and cause of the accusa- 
 tion; to be confronted with the witnesses 
 against him; to have compulsory process for 
 obtaining witnesses in his favor; and to have 
 the assistance of counsel for his defense." 
 
 Although a strict construction of these ar- 
 ticles would seem to give force to such a coh- 
 clusion, yet in construing the different parts 
 of the Constitution, such a literal interpreta- 
 tion of the amendments must be allowed to 
 give way before the necessity of an efficient 
 exercise of the war power which is vested in 
 Congress by that instrument, and the war 
 powers conveyed to the President when he is 
 designated as Commander-in-Chief of the 
 armies. This more liberal construction of the 
 Constitution has, from a very early period of 
 our history, been recognized by the legislature 
 of the country. 
 
 By turning to the 66th and 57th Articles of 
 War, it will be seen — if those articles have 
 any force, and, so far as my knowledge ex- 
 tends, their full power and force have never 
 been questioned — these amendments to the 
 Constitution do not apply to "all persons," 
 nor to "all citizens" of the United States: nor 
 are they applicable to all circumstances and 
 emergencies. Those Articles of War read as 
 follows: 
 
 "Art. 56. Whosoever shall relieve the ene- 
 my with money, victuals, or ammunition, or 
 shall knowingly harbor or protect an enemy, 
 shall suffer death, or such (rthor punishment 
 as shall be ordered by the sentence of a court- 
 martial. 
 
 "Art. 57. Whosoever shall bo convicted of 
 holding correspondence with, or giving in- 
 telligence to, the enemy, cither directly or in- 
 directly, shall suffer death, or such other pun- 
 ishment as shall be ordered by the sentence of 
 a court-martial." 
 
 Those articles conferring this jurisdiction, 
 were adopted by the original Congress of the 
 Confederation ; and their terms and effect re- 
 mained unchanged at the time of the forma- 
 tion of the Constitution. In 1806 a slight 
 modification in their language was introduced ; 
 the substitution of "whosoever" for "all per- 
 sons;" and thus a Congress composed of many 
 of the original founders of the Republic, sub- 
 stantially reaffirmed the jurisdiction of mil- 
 itary courts as to this class of offenders. This 
 fact, that no alteration has been made in them 
 by any subsequent Congress, either in time of 
 peace, or during any war in which the coun- 
 try has been engaged, may be regarded as an 
 unmistakable indication that the amendments 
 to the Constitution conferring the right of 
 trial by jury, etc., must yield, in a time like 
 the present, to such a vigorous exercise of the 
 war power as may be essential to the preserv- 
 ation of the Government. 
 
 Upon the necessity of the declaration and 
 enforcement of martial law in the present 
 cases, I have but a word to say. I believe with 
 the Supreme Court, that this is a matter en- 
 tirely within the discretion of the commander- 
 in-chief of the armies; that that political de- 
 partment of the Government, to which it prop- 
 erly belongs, must wield the necessary force 
 to suppress this rebellion; what that necessary 
 force is, he alone can determine. I may be 
 permitted to add, however, that in my judg- 
 ment, and, I believe in the judgment of every 
 man who has carefully and calmly considered 
 the state of the country, and the circumstan- 
 ces of the times when these arrests were made, 
 it was necessary that these parties should bo 
 held amenable to martial law, and to trial by 
 a military tribunal. It has been admitted by 
 the counsel for the accused, (Mr. Gordon,) that 
 if martial law does exist here, then these par- 
 ties may possibly be triable by a military tri- 
 bunal; without that preceding fact, he says 
 they can not be. In other parts of his argu- 
 ment, he claims that even did the exigences 
 of the time require the arrest of these parties, 
 and the enforcement of martial law, after their 
 arrest they should have been turned over to 
 the civil authorities for trial. To that I an- 
 swer: all laws — whether they be civil, mari- 
 time, or military — have legitimate tribunals 
 for their administration; the common law, by 
 the common law courts; maritime law, by 
 maritime courts; and the military law, by 
 courts-martial. Martial law is as clear and 
 well defined as any other law; and it is but 
 proper that it should have a tribunal by which 
 it shall be administered; the tribunal in thia 
 case is a Military Commission. It is better, 
 
266 
 
 TKEASON TRIALS AT INDIANAPOLIS. 
 
 and more in accordance with the progress and 
 tendencies of the age, that this law should be 
 administered hy a court goTerned by all the 
 checks and balances of ordinary courts of jus- 
 tice, than by a military commander, as in 
 former times. 
 
 In this case, the accused have had the bene- 
 fit of an open trial, conducted according to 
 all the known rules of the common law. A 
 majority of the Court is composed of men who 
 haTO achieved wide reputation in the State as 
 lawyers. There is no right granted to an ac- 
 cused in any civil court in the land, that has 
 not been freely and fully given in the pro- 
 gross of this trial. The questions have been 
 asked and answered orally; all objections 
 have been discussed in open court, and the 
 accused have had the advantage of having 
 every word uttered by the witnesses or by the 
 counsel in discussion, accurately recorded, 
 and to that record they have had full and free 
 access to see that it contains no error or omis- 
 sion that inight, in the slightest degree, prej- 
 udice their cause. Wherein, then, regarding 
 it as a matter of justice and right, are these 
 accused wronged by this proceeding ? They 
 do not complain of the persons who compose 
 this Court; they themselves have passed eulo- 
 gies upon their high and honorable character; 
 they have made no complaint of the mode of 
 conducting this case; they admit that they 
 have received every courtesy and every right 
 they could justly claim at the hands of the 
 Government; wherein, then, I ask again, is the 
 injustice of trying these accused by this Court, 
 according to all the known rules and princi- 
 ples of the common law? 
 
 In considering the question of the necessity 
 of martial law obtaining to the extent of try- 
 ing this peculiar class of offenders by a mili- 
 tary tribunal, we must examine the circum- 
 stances as they appeared to the authority who 
 ordered these arrests, and sent these cases be- 
 fore this Court for trial. Upon this question, 
 5 Chief Justice Taney, in Mitchell vs. JSarmony, 
 I 13th Howard, page 134, says: 
 
 "It is the emergency that gives the right, 
 and the emergency must be shown to exist be- 
 fore the taking can be justified. In deciding 
 upon this necessity, however, the state of the facts, 
 as they appeared to the officer, at the time he acted, 
 must govern the decision ; for he must necessarily 
 act upon the information of others, as well as his 
 own observation." 
 
 In answer to a question of the accused, 
 through their counsel, Mr. CofFroth, Major 
 General Hovey, in speaking of his action in 
 making these arrests, very pertinently says: 
 
 "It was based upon my general knowledge 
 of aflFairs in Indiana, the condition of the 
 country, and Mr. Milligan's action in regard 
 to it, together with the dangers that surround- 
 ed us at that time." The counsel asked him : 
 " To what action do you refer ?" The General 
 answered: "To the conspiracy against the 
 authority of the United States." "What par- 
 ticular actions of Mr. Milligan, in the mat- 
 ter?" He answers: "Mr. Milligan, I under- 
 Stood, from reliable authority, was a major 
 general of the organization, and had taken 
 Steps to aid it and carry on revolution." And 
 
 this answer, the General says, applies to all 
 the accused. Here, then, are the circumstances 
 under which the Commanding General of this 
 District acted in arresting these parties, and 
 sending them before this military tribunal for 
 trial ; these are the circumstances, as they 
 appeared to him; and he would certainly have 
 failed in doing his duty, had he acted other- 
 wise. I submit that the facts, as developed 
 before this Court, entirely sustain the opinion 
 formed by General Hovey, as to the necessity 
 for making these arrests, and the necessity for 
 trial before this Commission. It has been 
 proved beyond question, that a conspiracy, 
 more extensive, more perfect in its organiza- 
 tion, and more damnable in its designs, never 
 was concocted or brought into existence under 
 any government since governments were first 
 instituted. It has been proved that these par- 
 ties now on trial, were members of that con- 
 spiracy; all, excepting one, holding military 
 positions in this organization; that this con- 
 spiracy existed in almost every town and 
 county of the State; and not only in this 
 State, but in the States of Missouri, Kentucky, 
 Illinois and Ohio; that it was thoroughly 
 organized, and partially armed; that all the 
 objects contemplated by the order, were ille- 
 gal, treasonable and damnable; and that its 
 lurking venom permeated all grades of society. 
 Under such circumstances, would the Govern- 
 ment have been safe in issuing a venire for a 
 grand or petit jury to investigate and try 
 these cases? Could you have kept from either 
 of these juries a sufficient number of this same 
 organization to have defeated the whole ends 
 of justice? I state what is well known to ev- 
 ery lawyer in the land, that no jury could 
 possibly have been convened in this State, by 
 the ordinary process of impanneling a jury, 
 that would not have contained at least one 
 member of this organization; and that one 
 member would have been sufficient to acquit 
 any criminal tried before them. In a land 
 where a conspiracy has so contaminated all 
 classes of society, the ordinary avenues of 
 justice are obstructed, and the Government, 
 under such circumstances, by the ordinary 
 channels, is powerless to punish or to save. 
 
 I submit, with all due deference to the opin- 
 ion of the eminent counsel on behalf of the 
 accused, that at the time these arrests were 
 made, this conspiracy, this intended insurrec- 
 tion had not been abandoned. As the evidence in 
 this case, and subsequent events, have most 
 clearly shown, the Order of American Knights, 
 or of the "Sons of Liberty," was never more 
 flourishing, more determined, and more ven- 
 omous than at that very time. 
 
 And had the leaders of this conspiracy, these 
 military chieftains, been arrested, brought be- 
 fore a civil tribunal, and released upon bail, 
 would that have been a sure way of prevent- 
 ing the consummation of this conspiracy? 
 Would it not rather have hastened the catas- 
 trophe you are trying to ward oif, and simply 
 give them to understand that the Government 
 had some knowledge of their criminal intents? 
 I submit, then, that the danger was imminent; 
 requiring prompt action, and a strong and 
 vigorous arm; that there was an overpowering 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 267 
 
 necessity for military interference on tlie part 
 of the Government; and the loyal people of 
 this nation would, with one voice, have oricid: 
 "Shame, shame," if those who had the power 
 failed to meet the emergency. For this proc- 
 lamation of martial law, and for this kind of 
 arrests, the President of the, United States has 
 been tried by the highest court short of the 
 court of Heaven; he has been tried upon this 
 very issue by a tribunal composed of twenty- 
 five millions of freemen, and the verdict, in- 
 stead of being condemnation, has been: "Well 
 done, good and faithful servant!" Public 
 opinion, that power which Talleyrand declared 
 to Napoleon was more omnipotent than he and 
 all hia armies, has indorsed the necessity for 
 these arrests, and the trial of these parties be- 
 fore courts that can act with a rapidity and 
 vigor unknown to civil tribunals. That pow- 
 er, public opinion, is the court of last resort. 
 Its voice is like the resistless sweep of the arm 
 of Jehovah; before which all powers, govern- 
 ments, statesmanship, and judicial tribunals 
 must yield and change, as it, in its omnipo- 
 tence, shall direct. 
 
 CONSPIRACY PER SE. 
 
 We come now to the consideration of 
 whether the Order of American Knights, or 
 Order of Sons of Liberty, was a conspiracy 
 per se. And first, we shall direct attention, 
 briefly, to the argument of Mr. Coifroth, coun- 
 sel for Mr. Milligan, on this point. And in 
 doing so, I deem it my duty to say that it is 
 one of the most singular arguments I have 
 ever met with, or have ever known to be made 
 in the trial of any cause. Its tone is disre- 
 spectful, to say the least, to this tribunal, and 
 insulting to the xVmerican people, and its 
 statements are frequently at variance with 
 the proofs. Were it not that I see Mr. Cof- 
 froth's name signed to this argument, and that 
 I heard him read it as his own production, I 
 would have been strong in the belief that it 
 emanated from the bitter and disloyal heart 
 of the accused, L. P. Milligan, himself. 
 
 The counsel starts off with the assertion 
 that this is "more of a political than a crimi- 
 nal prosecution;" and he says to this Court, 
 "you are sitting in judgment upon political 
 opponents, for alleged political offenses." The 
 first assertion is untrue, if he means by the 
 use of the word "political" to class the ac- 
 cused simply as Democrats, because the ma- 
 jority of this Court will tell you that they 
 have never been any thing else. If he means 
 by this political division, to class the accused 
 as against the Government — opposed to its 
 institution, and the Court in favor of them — 
 then they are political opponents. This is no 
 political prosecution. 1 drew up the charges 
 against these men, and signed my name to 
 them, simply because I had reason to believe 
 they were criminals ; I knew nothing of their 
 politics, or of their political standing; no one 
 informed me, before these charges were pre- 
 ferred, what their political standing was ; I 
 desired no such information ; I desired sim- 
 ply to bring to justice men who were trying 
 to aid traitors in arms against this Govern- 
 mout. I next come to the assertion, " During 
 
 the whole progress of this trial, partisan 
 hate, with blind and fiendish malignity, has 
 been demanding blood." I can not, of course, 
 say what the gentleman may have heard, or 
 determine the source of hia information, but 
 I have heard of no partisan demand for 
 blood ; I have seen no blind or fiendish ma- 
 lignity exhibited on the part of any citizens 
 of this Republic toward the accused. It ia 
 true that when the claima of these traitors, 
 these conspirators, were made known to the 
 people of the land, those who were resting in 
 the peaceful security of their homes, started 
 back appalled at the gulf which was opened 
 to their vision, at their very feet. The cold- 
 blooded villainy of the scheme that these men 
 deliberately discussed in their councils, and 
 proceeded, with premeditation and delibera- 
 tion, to execute, appalled and shocked the 
 moral sense not only of this entire nation, 
 but of the whole civilized world. 
 
 Upon what a conspiracy per se is, there can 
 be no difference of opinion ; it is a corrupt 
 agreeing together by two or more persona, to 
 do some unlawful thing, either as a means or 
 an end ; or, in other words, to do some legal 
 thing in an illegal manner, or directly to 
 commit an illegal act by combination or 
 agreement. 
 
 We come next to the parts of this order set 
 out by the gentleman in his argument; and 
 the whole matter can be set at rest by saying 
 that all those parts of the ritual given by the 
 gentleman, are taken from the Vestibule de- 
 gree. I speak now of the declaration of 
 principles. The gentleman did not go even to 
 the first degree of the order. If he had looked 
 a little further, he would have found that the 
 principles enunciated in the first degree of 
 this Order of American Knights, or Order of 
 Sons of Liberty, are not "the very principles 
 upon which our Government was adminis- 
 tered in the better days of the Republic." To 
 understand clearly the ends aimed at by this 
 organization, and whether those ends were le- 
 gal or illegal, we must place ourselves as 
 nearly as possible at the stand-point of the 
 organization; we must consider the opinions 
 and principles of Government held by its 
 members; wc must consider the circumstances 
 of the nation — as this Court has a right judi- 
 cially to do, without proof — and the attitude 
 of these members of the order toward that na- 
 tion, during this great crisis. 
 
 We find the Government engaged in a strug- 
 gle for its very existence; calling into requi- 
 sition all the power and force she can com- 
 mand. She is contending with an enemy so 
 great in numbers, and so powerful, that as yet, 
 after nearly four years' struggle, exerting her 
 utmost strength, she has been unable to over- 
 come it. And where did the men composing 
 this organization stand, upon the vital ques- 
 tion of the maintainance of the national in- 
 tegrity ? I ask the Court, does the proof show 
 that they wore standing by the Government, 
 aiding it cheerfully with their means, with their 
 sympathy, and with their strength ? Or does the 
 proof show, on the contrary, that they were op- 
 posed to this war waged for the life of the nation ; 
 that they were engaged in disseminating the 
 
268 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 doctrine that such a war was unconstitutional 
 and unauthorized, and giving encouragement 
 and sympathy to the enemies of the GoTern- 
 ment? This war was. begun by those now in 
 arms against the Government, to maintain the 
 doctrine that a State had the right, at will, to 
 secede, and join its fortune to a separate na- 
 tionality; or, in other words, that this Gov- 
 ei-nment of ours is but a combination of sep- 
 arate sovereignties, exercising the special 
 powers delegated by those separate sover- 
 eignties, and that at will that compact could 
 be dissolved. This, I believe, is a fair state- 
 ment of the origin of the contest going on in 
 this nation to-day — what the reasons were of 
 those in arms against the Government for de- 
 siring a separate nationality, I do not stop to 
 inquire or discuss. These, then, are the prin- 
 ciples that our enemies are attempting to 
 maintain by force of ai"ms. 
 
 We have charged in the pleadings in this 
 case, in the first place, " Conspiracy against 
 the Government of the United States;" and 
 under that charge, have set out in Specifica- 
 tion 1st, that the accused did join themselves 
 to this secret order " for the purpose of over- 
 throwing the Government and duly consti- 
 tuted authorities of the United States ; " and 
 under the Second Specification of that charge, 
 that they did combine with certain parties 
 " to adopt and impart to others the creed or rit- 
 ual of a secret, unlawful society, or order;" 
 "denying the authority of the United States 
 to coerce to submission certain rebellious 
 citizens of said United States." Specification 
 3d charges that they did conspire with certain 
 parties "to overthrow and render powerless 
 the Government of the United States" by 
 forming and organizing this unlawful soci- 
 ety or order; and that they did assist in ex- 
 tending this order whose purpose was to crip- 
 ple and render powerless the efforts of the 
 Government in suppressing a then existing 
 and formidable rebellion. Speeifioation 4th 
 sets out the manner by which they were to 
 carry into execution these unlawful schemes. 
 Now, let us see whether, prima facie, there is 
 any thing in the principles enunciated by this 
 order, that would support these charges and 
 specifications, outside and entirely separate 
 from any proof in this case. 
 
 The Court will bear in mind our statement 
 of the issue upon which the war is being 
 waged in this country to-day. I refer them 
 now to Article 6, in the lesson of the First De- 
 gree, of the Order of Sons of Liberty, which 
 says: "The Government designated the Uni- 
 ted States of America, has no sovereignty, 
 because that is an attribute belonging to the 
 people in their respective State organizations ;" 
 is not that really the foundation stone of the 
 present rebellion ? Article 7 says, in accord- 
 ance with this principle, "the Federal Gov- 
 ernment can exercise only delegated power: 
 hence, if those who shall have been chosen to 
 administer that Government, shall assume to 
 exercise power not delegated, they should be 
 regarded and dealt with as usurpers." This 
 clause of the ritual should be borne in mind 
 while seeking to discover the meaning of the 
 obligation. 
 
 It will be remembered by the Court that of 
 all the witnesses who have spoken upon this 
 point, and who have undertaken to explain for 
 the accused their principles, and their under- 
 standing of the intent and purposes of this 
 organization, there has not been one but has 
 claimed that the Government was exercising 
 usurped powers, powers not delegated. 
 
 The wHness Corlew, one of Mr. Milligan's 
 witnesses as lo character, and, like nearly all 
 the rest, a member of the order, when the di- 
 rect question was put to him, whether he con- 
 sidered the Government a usurpation, de- 
 clared that he did; and it was only after being 
 "doctored" from the evening of one day to 
 the morning of the next, by the astute coun- 
 sel of Mr. Milligan, that he was brought up 
 to the point of explaining that he did not 
 mean to claim that the Government was a 
 usurpation, but only that there were cer- 
 tain usurpations on the part of the Adminis- 
 tration ; or, in other words, that the Adminis- 
 tration was exercising undelegated powers. 
 The witness Bird, a member of the Legisla- 
 ture, and a member of this order; Judge Lough- 
 ridge, also a member of the order, and Bur- 
 ton, a witness for Humphreys, also a member 
 of the order, all claimed that the Government 
 was exercising powers not delegated. Having 
 ascertained from the witnesses for the defense 
 their opinion of the acts of the Government, 
 and whether they sympathize with her, or 
 with her enemies, and having found that they 
 believe that the Government is exercising un- 
 delegated power, we refer to the ritual of the 
 order to which they have attached themselves 
 by binding oaths — under the penalty of 
 death if violated — to ascertain how they look 
 upon the Government when she is exercising 
 undelegated powers. I refer you again to Ar- 
 ticle 7. "Hence, if those who shall have been 
 chosen to administer that Government, shall 
 assume (and they say under oath that they 
 have thus assumed) to exercise power not 
 delegated, they should be regarded and dealt 
 with as usurpers." 
 
 We proceed to Article 10, which says: 
 "Whenever the officials, to whom the people 
 have intrusted the powers of the G'overnment, 
 shall refuse to administer it in strict accord- 
 ance with its Constitution, and shall assume 
 and exercise power or authority not dele- 
 gated, it is the inherent right and imperative 
 duty of the people to resist such officials, and 
 if need be, expel them by force of arms. 
 Such resistance is not revolution, but is solely 
 the assertion of right." Now, with the in- 
 terests of a great nation resting upon your 
 decision, I ask you, gentlemen of this Court, 
 is it lawful or unlawful for a set of men to 
 combine and agree together that whenever, 
 in their judgment, the Government is exer- 
 cising powers not delegated, it shall be ex- 
 pelled by force of arms? Gentlemen, what 
 say you? Is it not admitted by all loyal men 
 that the only legal mode of setting aside a 
 Government which may be exercising pow- 
 ers not delegated is, if the President, by im- 
 peachment or by ballot ; if, then, it is illegal 
 to expel the officials of the Government by force 
 of arms, this organization is a conspiracy^erte. 
 
TREASON TEIALS AT INDIANAPOLIS. 
 
 269 
 
 Article 11 of the Ritual of tlia Order of 
 Sons of Liberty says : " It is inoompatiblo 
 ■with the history and nature of our system of 
 GoTernment, that Federal authority should 
 coerce by arms a sovereign State;" and Art. 
 12 declares, "Upon the preservation of the 
 sovereignty of the States, depends the preser- 
 vation of civil and personal liberty." Gen- 
 tlemen, are these, or are they not the princi- 
 ples enunciated and upheld by those in arms 
 against this Government ? Docs the dissemi- 
 nation of these doctrines by a large body of 
 men in these Northern States tend to weaken 
 the Government, or to strengthen it? Does it, 
 or does it not tend to encourage and strengthen 
 the rebellion ? They are the principles dia- 
 metrically opposed to those for which our 
 Government is struggling, and for which our 
 armies are fighting. I ask you, is an organ- 
 ization that meets in midnight council, to dis- 
 seminate these damnable doctrines, loyal or 
 disloyal? Is it legal or il,legal? 
 
 We come now to the obligation; and in con- 
 sidering that, as I have before remarked, we 
 must do so from their stand-point. In reading 
 the argument of the counsel, (Mr. Cofifroth,) I 
 am astonished that he should give this Court 
 credit for so little acumen or judgment. The 
 part of the obligation which the gentleman 
 cites, is as follows: "I do further swear that I 
 will at all times, if needs be, take up arms in 
 the cause of the oppi-cssed — in my own coun- 
 try first of all — against any monarch, prince, 
 potentate, power, or government usurped, 
 which may be found in arms, waging war 
 against a people or peoples, who are endeavor- 
 ing to establish or have inaugurated a govern- 
 ment for themselves, in accordance with, and 
 founded upon, the eternal principles of truth, 
 which I have sworn in the Vestibule, and now 
 in this presence do srwear to maintain invio- 
 late, and defend with my life." The sentence 
 following this, and which the gentleman has 
 omitted to quote, is as follows; "This I do 
 promise, without reservation or evasion of 
 mind; without regard to the name, station, 
 condition or designation of the invading or 
 coercing power, whether it shall arise within 
 or come from without I " 
 
 In considering the first part of this obliga- 
 tion, the gentleman proceeds to "analyze" it 
 and says: "We will therefore confine our re- 
 marks to the last proposition; that is, as to a 
 power or government usurped ; and I here ask 
 the learned Judge Advocate if he is prepared 
 to proclaim to the world that this Government 
 is an usurped one, in order to make this obli- 
 gation to take up arms apply to it?" Now 
 this is a singular manner of arguing the ques- 
 tion; it pre-supposes want of ordinary intelli- 
 gence on the part of this Court, and all con- 
 cerned in this trial. When the members of 
 the Order of American Knights, or Sons of 
 Liberty, offer to take up arms against any 
 power or government usurped, we do not ask, 
 what government is really usurped? but what 
 government do they claim to be usurped? 
 And what government do they consider and 
 claim to be exercising undelegated or usurped 
 powers? Messrs. Corlew, Bird, Loughridge 
 and Burton, all witnesses for the defense, have 
 
 explicitly stated that the Government, or the 
 President, was exercising authority and pow- 
 ers not delegated; and therefore, according to 
 Article 7 — to which they have all subscribed — 
 was a usurpation, and should be dealt with as 
 such; and, according to Article 10, should be 
 expelled by force of arms. The obligation but 
 reiterates the doctrines enunciated in Article 
 10 of the Ritual. 
 
 I do not need to go to the statements of the 
 witnesses on the part of the accused, to show 
 that these are their principles, but I will take 
 the statements of the accused himself; for I 
 take it that the accused must be bound by the 
 statements which he submits by his counsel. 
 He says: "I have no purpose to conceal the 
 views of Mr. Milligan; and freely admit that 
 he may have said, what every intelligent man 
 in America knows, that both the President, the 
 Congress and the military authorities have 
 each exercised particular powers, that did not 
 belong to them." The gentleman asserts be- 
 fore this Court, that not only the President, 
 but Congress and the military authorities 
 have exercised undelegated powers; therefore, 
 according to the principles sworn and sub- 
 scribed to by members of the Order, they are 
 all usurpers, and should be expelled from their 
 places by force of arms; not only' the Presi- 
 dent, but Congress and the army. Mr. Cof- 
 frotb, it only needs that your client be turned 
 loose to walk in the streets, take up his 
 arms and join the rebel ranks, to carry out the 
 doctrines that you enunciate for him in this 
 Court. 
 
 When I stated, at the opening of my review 
 of this organization, that the gentleman had 
 falsified the record, had misrepresented the 
 proof, I said what I stand ready here to prove 
 from the record. But half a page below where 
 the gentleman makes the assertion just quoted, 
 he says: "But if anyone should, unfortunately 
 for the defense, be of opinion that the Govern- 
 ment is a usurpation, still I insist, that neither 
 the defendants as individuals, nor the Order 
 of American Knights or Sons of Liberty, ever 
 entertained or expressed such sentiments, but 
 that they have ever treated the Government, 
 including the President, the Courts, the Con- 
 gress, and the Army, as legitimate, each in 
 its own sphere." In reply to this, I simply 
 submit the statement of the accused, Mr. 
 Milligan himself, through his counsel, Mr. 
 Coffroth, and the statements of the wit- 
 nesses just referred to, and the Ritual of 
 the organization, to which every member of 
 the Sons of Liberty has sworn allegiance. In 
 addition, I quote from the resolution sent up 
 to the Grand Council by Mr. Milligan, by the 
 hand of Mr. Winters, the preamble to which 
 says: "A crisis has arisen in the history of 
 the Federal Government, in relation to the 
 rights of the States, whether delegated or re- 
 served; the manifest usurpations of undele- 
 gated powers by the President; the utter dis- 
 regard of all constitutional guarantees of lib- 
 erty, looking constantly to the subjugation of 
 States and the establishment of a centralized 
 despotism, already fill us with alarm for the 
 cause of civil liberty in America." 
 
 To show that the accused, Mr. Milligan, is 
 
270 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 not tlio saint of submission that he has been 
 pictured by his counsel, I quote the following 
 resolutions: "Resolved, That the right to alter 
 or abolish their Government, whenever it fails 
 to secure the blessings of liberty, is one of the 
 inalienable rights of the people, that can never 
 be surrendered; nor is the right to maintain 
 a Goverument that does secure the blessings of 
 liberty, less sacred and inalienable; therefore 
 we declare that patriotism and manhood alike 
 enjoin upon us resistance to usurpation as the 
 highest and holiest duty of freemen." That is 
 the first resolution, llcsolution 6 says: "That 
 there is a point at which submission merges 
 the man in the slave, and resistance becomes 
 a duty. Whether that point, in the history of 
 the times, has arrived, may be debated; but 
 we will resist, by force, any attempt to abridge 
 the elective franchise, whether by the intro- 
 duction of illegal votes, under military author- 
 ity, or the attempt by Federal officers to intim- 
 idate the citizens by threats of oppression." 
 It will be remembered that these resolutions, 
 drawn up by Mr. Milligan, and sent by him 
 to the Grand Council, were published in 
 pamphlet form, and circulated in the county 
 temples. The pamphlet contained also the ad- 
 dress of Dodd. These two documents prove 
 the old adage that great minds often think 
 alike. Here are the Grand Commander of the 
 State and a Major General of the Order issu- 
 ing documents to the world, drawn up at dif- 
 ferent times and in different places, but both 
 enunciating substan-tially the same principles, 
 and, in many instances, using almost precisely 
 the same words and phraseology. I will make 
 but one or two quotations from this address ; 
 which has been so frequently referred to, that 
 the Court will remember it: "If these men be 
 prolonged in power, they must either consent 
 to be content to exercise the power delegated 
 by the people, or, by the gods, they must prove 
 themselves physically the stronger. This po- 
 sition is demanded by every true member of 
 this fraternity; honor, lifC' — aye, more than 
 life — the • virtue of our wives and daughters 
 demand it; and if you intend to make this 
 organization of any practical value, you will 
 do one of two things — either take steps to 
 work the political regeneration of the party 
 with which we are aifiliated, up to this stand- 
 ard, or relying upon ourselves, determine at 
 once our plan of action." 
 
 To show the construction put upon the obli- 
 gation by members of the order, and what 
 they concede were the purposes of the organ- 
 ization, I quote from Dodd's speech, in which 
 he gives what he claims to be the opinions 
 and counsel of the Supreme Commander, Mr. 
 Vallandigliam. This document was issued by 
 Dodd for general use in the order. , He could 
 not have used Mr. Vallandigham's name in 
 this manner without its having been brought 
 to his notice; wo may, therefore, reasonably 
 conclude, that in this publication the views of 
 Mr. Vallandigham were given as Mr. Dodd 
 had received them from him, and that the Su- 
 preme Commander of this Order gave the 
 correct exposition of its intents and pur- 
 poses. 
 
 In speaking of Vallandigham, Dodd says: 
 
 "Ee counsels late action on the part of Stata 
 conventions; thinks Ohio is called too soon — 
 advising that Indiana should have hers, say, 
 first of June. He finally judges that the 
 Washington power will not yield up its power, 
 until it is taken from them by an indignant 
 people, by force of arms. He intimates that 
 parties — men and interests — will divide into 
 two classes, and that a conflict will ensue for 
 the mastery." 
 
 Mr. Dodd then continues: " Sons 0/ Ziberi;/, 
 arise/ The day is rapidly approaching, in the 
 which you can make good your promises to 
 your country. The furnace is being heated 
 that will prove your sincerity — the hour for 
 daring deeds is not distant— let the watch- 
 word be, Onward! And let the result bless 
 mankind with Republican Government, in this, 
 our beloved land, to their ' latest posterity." 
 Does this utterance of Mr. Dodd send forth any 
 uncertain sound? Can it be said that any 
 member of this order who had taken the ob- 
 ligation, and had heard read the lesson of 
 only the first degree, could not understand 
 what was meant by this manifesto? Harrison 
 swears that copies of this pamphlet were sent 
 to Messrs. Milligan, Humphreys, and he thinks, 
 Bowles. Even if Mr. Milligan had not re- 
 ceived one of the documents in which were 
 published his own resolutions, by the ordinary 
 channels of the order; beyond question, he 
 would seek to obtain a copy; and can it well 
 be claimed, that with this document, published 
 soon ■ after the 22d of February, in his hand, 
 he still had no knowledge of the contemplated 
 uprising or insurrection by the members of 
 this order: that he had no idea of its illegal 
 purposes or intents? Can any rational man 
 read these utterances of Mr Milligan himself, 
 or the obligation and oaths of this ritual, and 
 say that he was ignorant of the evil purposes 
 of this organization? 
 
 This bitterness appears to culminate in his 
 hatred of General Carrington. I do not won- 
 der that Mr. Milligan should entertain this 
 feeling, for it is mainly due to the General 
 that the evil designs of the order were brought 
 to light and frustrated. Out of justice to a 
 brother oflacer, who has served his country 
 faithfully and well, and with a singleness of 
 purpose, I am compelled to notice some of the 
 vile slanders and misrepresentations con- 
 tained in this argument. He says, first, "It 
 may have been some bosom friend of General 
 Carrington a la Stidger and Zumro." And 
 again : " What a grand spectacle it would 
 present I How proud would be the bearing of 
 that brave and gallant General who has, by his 
 paid spies and informers, been so industri- 
 ously extending this order — duping innocent 
 men into it, initiating rebel officers, carrying 
 messages between Dodd & Co. and traitors 
 in arms, and facilitating by all possible means 
 the grand carnival of blood that was to have 
 taken place at this city on the 16th of last 
 August." The true meaning and effect of 
 which is that General Carrington was aiding 
 this conspiracy ; for the counsel explicitly 
 says that he was " facilitating by all possible 
 means the grand carnival of blood that was 
 to have taken place at this city on the 16th of 
 
TTIEASON TRIALS AT INDIANAPOLIS. 
 
 271 
 
 last August." The counsel knew, ns he 
 penned those words, that it was a vile slander 
 and a falsehood ; he knew that General Car- 
 rington's sole purpose was to bring to justice 
 the members of this conspiracy, and that to 
 do this, he had to employ men to become 
 acquainted with their designs and movements, 
 and to apprise him of the same. He neither 
 extended, nor aided in extending the order. 
 ■ The men who joined the order for the purpose 
 of revealing its acts to the Government, did 
 simply what they had to do to keep suspicion 
 from them; they acted the part of members of 
 the order. Again the counsel says: "And 
 yet Ciirringtou paid and encouraged Stidger 
 to extend, as rapidly as possible, an organiza- 
 tion that is claimed to bo treasonable." "Now, 
 the proof sliows that Stidger was never in any 
 manner hired, or paid a dollar by General 
 Carringtou ; that he was never employed to 
 csteu'l the order by any person outside of tlie 
 organization. Sddger received instructions 
 from Captain Jones, Provost Marshal at Lou- 
 isville, to keep himself advised of the move- 
 ments and designs of the members of tliis or- 
 der, and by him was employed ami paid. He 
 was appointed or elected Grand Secretary of 
 the order, and performed the duties of that of- 
 fice, no more and no less. Dr. Zumro acted in 
 like manner. Why tliis bitterness toward the 
 men that have revealed the designs and pur- 
 poses of the order, if it be so pure in its or- 
 ganization and acts? On no single point 
 have the accused attempted to rebut or dis- 
 prove the statements of Stidger; they h.Tvo 
 not dared to do so; nor have they questioned 
 the probity of any of Mr. Stidger's state- 
 ments, but hove indulged in bitter, unworthy 
 vituper.xtion against him. 
 
 Thj counsel then proceeds to a considera- 
 tion of the "obnoxious obligation," to ascertain 
 if it i5 not " consistent with patriotism and most 
 devot3i loyalty." He says : "let us, therefore, 
 examine whether the contingency lias hap- 
 pened, upon which tliey obligated themselves 
 to take up arms, with reference to the subject 
 matter, and the people or peoples for whom 
 and in whoso behalf they propose to volunteer. 
 And we inquire, where is that people 'who 
 have established or inaugurated a Govern- 
 ment of flieir own free choice, and in acoord- 
 anc J with and founded upon the eternal prin- 
 ciples of truth?'" He says further, "It will 
 not do to say that the Southern Confederacy 
 is that people, for it would be a eulogy on Jeif 
 Davis' government more glowing than any 
 son of liberty ever uttered. Is their cause 
 that of the oppressed? Is our Government a 
 usurpation? Is the Southern Confederacy 
 founded upon the eternal principles of truth?" 
 I answer him ; the members of this order have 
 said that their cause was that of the op- 
 pressed ; you have said that our Government, 
 now waging this war against rebellion, is a 
 usurpation; you have said that the Southern 
 Confederacy is founded upon the eternal prin- 
 ciples of truth; and therefore we try and 
 judge you by the principles you yourselves 
 have enunciated. 
 
 Again, this singular argument says: "and 
 1 submit, that the conduct of Mr. Bingham is 
 
 in ooramendablo contrast to that of the au- 
 thorities. So soon as he was informed of 
 Dodd's proposed plot, his best efforts were at 
 once directed to paralyze that embryo rebel- 
 lion ; while, on the other hand, the authorities 
 knew it all, long before Mr. Bingham did; 
 and instead of nipping it in the bud, were 
 nui'sing and encouraging it, so that it might 
 bring forth fully ripe fruit." Does the gen- 
 tleman think that he can make any fair 
 minded men believe that the Government au- 
 thorities, whose lives, fortunes and honors are 
 staked on the faithful discharge of tlieir du- 
 ties, were " nursing and encouraging " this 
 accursed conspiracy ? He says further : " The 
 evidence of Stidger, their detective and wit- 
 ness, shows that while under the pay and 
 direction of Carrington, and with his consent 
 and approbation," etc. I here assert, that the 
 evidence of Stidger shows that he never was 
 under the pay or direction of General Car- 
 rington ; and I appeal to the record; "and 
 witli his consent and approbation, that he 
 (Stidger) was extending the order as rapidly 
 as possible, both in Indiana and Kentucky, 
 that with the same approbation he initiated 
 rebel officers, and carried messages between 
 Dodd and others and oflScers in the Confeder. 
 ate service, and afforded every facility to Dodd 
 and his immediate confederates to arrange, 
 perfect and accomplish the inauguration of 
 civil war in Indiana, keeping the authorities 
 here advised of every movement, by regular 
 and frequent reports — and all this for the sole 
 purpose of influencing the then pending elec- 
 tions." I say to the Court, that there is not 
 one particle of evidence on the part of Stid- 
 ger, or any other witness, " that while under 
 the pay and direction of Carrington, and with 
 his consent and approbation, he (Stidger) was 
 
 extending the order in Indiana and 
 
 Kentucky," or that General Carrington knew 
 any thing about it until after the reports had 
 been submitted by Stidger; nov that with the 
 "consent and approbation" of General Car- 
 rington, Stidger "carried messages between 
 
 Dodd and of&cers in the Confederate 
 
 service." I ask> tjie gentleman, whore, from 
 the first page of the record to the last, there 
 is one particle of evidence to show that any 
 of these things were done for the " purpose 
 of influencing the then pending elections?" 
 And this assertion is repeated again and again . 
 This argument, itself, is the only political 
 thing that I have seen in any way connected 
 with this trial. Referring to the military au- 
 thorities of the Government, he says: "They 
 were fully advised of the existence of what 
 they claim to have been a most infernal con- 
 spiracy against the peace flf the State — they 
 witnessed the maturing of the scheme — they 
 saw the preparation of the brand that was to 
 flame into civil war. Yes, they Icncw it all — 
 and yet raised not a finger to stop it, until it 
 was throttled by the very men who are de- 
 nounced as its sympathizers. Like the tiger 
 that stands at the edge of his jungle, watch- 
 ing his victim, and as the unfortunate trav- 
 eler comes along, springs upon him, crushes 
 his bones and laps up his blood, so they looked 
 with savage delight upon the proposed upris- 
 
272 
 
 TEEASON TRIALS AT INDIANAPOLIS, 
 
 ing — ^regarding no other consequence except 
 its probable influence upon the elections." 
 How far in the scale of untruth and want of 
 self-respect must a man have descended, to 
 make these bald, vile, slanderous assertions, 
 without a scintilla of proof to found them 
 upon ! 
 
 I quote but little more, and then leave this 
 argument — or rather this accumulation of li- 
 bels — to the fate it deserves. " It seemed to 
 matter little to them even though the fire of 
 civil war should desolate our homes, and cause 
 the ' shuddering mother to hug her babe more 
 closely to her bosom,' so that they could only 
 remain masters of the burnt and blackened 
 field." How false, and infamously slanderous 
 this is, I leave you, gentlemen of the Commis- 
 sion, to decide. 
 
 I note the following special instances of 
 misstatements of evidence by the counsel for 
 Mr. Milligan : 
 
 Mr. Coffroth states that Mr. Ibach testified 
 that a resolution was introduced at the Grand 
 Council of June, 1864, "pledging the order to 
 resistance to the draft, and that it was promptly 
 and with great unanimity voted down ; and 
 that the belligerent gentleman who introduced 
 the resolution, went away very much dissatis- 
 fied with the order." There is no such testi- 
 mony, but simply that the resolution was vo- 
 ted down. 
 He states: 
 
 "And yet Carrington paid and encouraged 
 Stidger to extend, as rapidly as possible, an 
 organization that is claimed to be treasona- 
 ble." No witness testified to such a statement. 
 He asserts: 
 
 "But the evidence further shows that both 
 the defendant. Horsey, and the Government 
 witness, Connell, denied and repudiated the 
 declarations of John W. Stone." The evidence 
 does not substantiate this assertion. 
 
 Again he states that Mr. Bingham " never 
 knew of any other than its political charac- 
 ter, until the revelation by Dodd of his 'in- 
 sane and hellish proposition.' " 
 
 Mr. Bingham, on the contrary, testifies that 
 "the first idea I had of its being a military 
 organization" was in hearing Major Conk- 
 lin's speech at the Grand Council of Feb. 16th 
 and 17th, 1864. 
 
 On the same page he asserts : 
 "The evidence of Stidger, their detective and 
 witness, shows that while under the pay and 
 direction of Carrington, and with his consent 
 and approbation, he extended the order, and 
 perfected arrangements to inaugurate civil 
 war; and all this for the sole purpose of in- 
 fluencing the then pending elections." 
 
 Stidger did not so testify. Nothing from 
 wliioh such an inference could have been justly 
 drawn. 
 
 On page 10th, he states that Bingham 
 "quenched the flame that the authorities were 
 fanning. While they were nursing, he was 
 stifling." The evidence contradicts that as- 
 sertion. 
 Again he says: 
 
 Long after "the organization of the Grand 
 Council at Terre Haute, that what was termed 
 'the military bill,' or military feature of the 
 
 order, was gotten up." The evidence shows 
 that the Terre Haute meeting was held Aug. 
 27th, 1863, and the military bill was introduced 
 and adopted Sept. 10th, 1863. 
 
 He states that "Dodd's scheme required 
 'JBingham's' consent as a condition prece- 
 dent;" and without which, "it otherwise could 
 not receive its initiatory impulse." The evi- 
 dence shows that Dodd desired Bingham's co- 
 operation; but it also proves that when that 
 co-operation was withheld, Dodd and Walker 
 and their co-conspirators, did not abandon 
 their schemes. 
 
 Finally, he states that Harrison testifies 
 " that Dodd instructed him, when he sent him 
 to notify Mr. Milligan to attend this council 
 of the leading men of the order, not to inform 
 Milligan of the nature of the business." Mr. 
 Harrison makes no such statement in his tes- 
 timony. 
 
 One more quotation, and I have done with 
 this argument. I said that this argument 
 looked to me as though it had emanated from 
 the disloyal heart of Mr. Milligan himself; 
 that it contains his bitterness and venom 
 toward all persons connected with the Govern- 
 ment, and toward all the institutions of our 
 country. He carries that venom to the ex- 
 treme of hatred to the people of this nation 
 when exercising the elective franchise. This 
 argument says: "But it is not to be expected 
 that gentlemen of the age, firmness, honesty 
 and intelligence of Mr. Milligan, can change 
 their honest convictions upon political ques- 
 tions to suit the views of the Administration 
 brought into power perhaps by a mere, change- 
 ling mob." 
 
 This is the culmination of his hatred of our 
 free institutions. When the people in their 
 might assert that great, God-given right of 
 determining by whom they shall be governed, 
 and reiterate the sentiment that just govern- 
 ments are instituted for the benefit of the gov- 
 erned, he calls them, when acting in this noble 
 capacity, a "changeling mob!" 
 
 In considering the Ritual and obligations of 
 this order, I have substantially answered the 
 arguments of the counsel for Mr. Humphreys 
 and Dr. Bowles upon those points, and there- 
 fore do not refer to them specially. 
 
 GENEEAL PTIKPOSES OF THE OEDEE. 
 
 I come now to the consideration of the gen- 
 eral intents and purposes of the order, as 
 shown by the evidence: or, in other words, to 
 the consideration of what the evidence shows 
 was the manner or means by which the mem- 
 bers of the order proposed to carry out the 
 purposes enunciated in the Ritual, and to the 
 execution of which they bound themselves by 
 an appeal to Almighty God. The foundation 
 stones of this disloyal structure were: First, 
 that the States were sovereign and independ- 
 ent governments; and that each State, in its 
 sovereign capacity, had a right to secede. 
 That whenever the Government de facto, or any 
 department of the Government exercised un- 
 delegated powers, it was a usurpation ; and 
 that the usurped Government was to be re- ■ 
 moved by force of arms; and they bound 
 themselves together by oaths to overturn this 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 273 
 
 Government, which they declared was exercis- 
 ing undelegated and usurped powers. They 
 bound themselves, also, to "assist any people 
 or peoples" who may be waging war in "en- 
 deavoring to establish, or have inaugurated, a 
 government for themselves, and to resist any 
 coercing power," whether it shall arise within 
 or come from without the Government. These, 
 then, were the common purposes of the con- 
 spiracy, and its ultimate design. How, or by 
 what means these purposes, those designs, 
 were to be carried into execution, was to de- 
 pend, and must have depended upon the tenor 
 of events, upon certain contingencies of time, 
 place and manner. All these were to be de- 
 termined upon by the leaders, when a certain 
 set of circumstances should come to pass. In 
 the minds of these leaders it was a question 
 of the time when success would be the most 
 certain. 
 
 Then, in the original purpose or purposes of 
 the conspiracy, all were conspirators who 
 joined that organization, who heard that Rit- 
 ual read, and took that obligation. They 
 united and became one body for the purpose 
 of carrying out these illegal, disloyal and 
 treasonable purposes. I might stop withput 
 introducing one particle of evidence as to the 
 means by which they intended to execute 
 these purposes, and rest the case with perfect 
 confidence after I had once proven the nature 
 of this order, that it is disloyal in its incep- 
 tion and in its birth, and that the accused 
 were members of the organization. 
 
 "A conspiring together of two or more per- 
 sons is sufficiently an act, without any step 
 taken in pursuance of the conspiracy." Bish- 
 op't Criminal Law, Par. 313. Commonwealth vs. 
 Judd, 2 Mass., 329, 337; Commonwealth vs. Tib- 
 beits, 2 Mass., 536, 538; Commonwealth vs. War- 
 ren, 6 Mass., 74. People vs. Mather, 4 Wend., 
 229; Commonuiealthys. McEisson, 8 5. cj- R., 420. 
 
 Bishop, Criminal Law, Vol. 2, Par. 165, says: 
 "Therefore, in conspiracy, the thing intended 
 need not be accomplished; but the bare com- 
 bination constitutes the crime." Bishop cites 
 in support of this principle numerous author- 
 ities. 
 
 No further proof was necessary to warrant 
 this Court in finding every one of the accused 
 guilty under the charges of conspiracy, af- 
 fording aid and comfort to rebels, inciting in- 
 surrection, disloyal practices, and violation of 
 the laws of war. Whether that proof has 
 been clear and conclusive, or not, is for you, 
 gentlemen\of the Commission, and not for 
 myself, to determine. I have, however, gone 
 forward, and attempted to bring before this 
 Court the whole truth, to show you how far 
 these parties acted toward the consummation 
 of the common purpose. That proof most 
 clearly demonstrates that the "common de- 
 sign" of the order was to reorganize the 
 Government on the same principles which 
 were the foundation of the present rebellion, 
 and are the cardinal principles of the Confed- 
 erate Government. The rebels claim that they 
 had a right to dissolve their connection with 
 the old Government. The order conceded that 
 right, and pledged itself to assist, by force of 
 arms, any people found waging war for that 
 IS 
 
 right. The order denominates the attempt on 
 the part of the Government to coerce these 
 people into submission, as an act of tyranny 
 and usurpation; claiming that the Govern- 
 ment had no right, by force of arms, to coerce 
 a seceding State. The proof of this point is 
 clear and conclusive. They pledged the or- 
 der, and obligated themselves, to resist this 
 coercion. The order was political in its char- 
 acter only so far as it was intended, and did 
 attempt, to educate the masses of the Demo- 
 cratic party up to this belief. In this attempt, 
 I am glad to say that it signally failed, and 
 I here enter upon this record, and say it to 
 meet the charge made by Mr. Milligan in this 
 Court that this is a political prosecution. The 
 proof has shown that the masses of the Demo- 
 cratic party are loyal and true to their Gov- 
 ernment, true to the integrity of the Govern- 
 ment, and her institutions. 
 
 This order, however, in and of itself, was 
 political, if secession, insurrection, disloyal 
 purposes and treason make it political. It 
 did aim to educate the Democratic party up to 
 the disloyal stand-point which it had taken, 
 that it might secure through the ballot-box, 
 by putting its chiefs and leaders in power, the 
 same ends which the Confederacy were fight- 
 ing to achieve. Failing in this, the order pro- 
 posed and was pledged to use force of arms to 
 secure these ends. The resort to force was 
 kept constantly in view; and with relation to 
 this, the order was organized, and made mili- 
 tary in its character. The details of its mili- 
 tary organization were confined to the Grand 
 Council, to a great extent, perhaps, as they 
 were regulated by laws passed at the Grand 
 Council. 
 
 The question, then, for the Court to deter- 
 mine, is not so much whether these military 
 details were known to the rank and file of the 
 order, as they were to the members of the 
 Grand Council, of which all the accused have 
 been proven to be members; and further, it is 
 not so material whether the details, and man- 
 ner, and means by which the purposes of this 
 order were to be carried out, were known to 
 the rank, and file of the order, as whether 
 these means, these details, were devised to 
 carry out the common purposes to which the 
 organization, as a body, had originally pledged 
 its members. Just so far as these cardinal 
 principles of the order, which are embodied in 
 the rituals and obligations, warranted the 
 leaders to go in carrying these purposes into 
 execution, just to that extent, the rank and 
 file, including all the members of the organi- 
 zation, were bound by and responsible for 
 their acts. 
 
 Roscoe, in his Criminal Evidence, says : 
 
 "In prosecutions for conspiracies, it is an 
 established rule, that where sevei-al persons 
 are proved to have combined together for the 
 same illegal purpose, any act done by one of 
 the party in pursuance of the original con- 
 certed plan, and with reference to the common 
 object, is, in the contemplation of law as well 
 as in sound reason, the act of the whole party ; 
 and, therefore, the proof of the act will be ev- 
 idence against any of the others who wer« 
 engaged in the same general conspiracy, with- 
 
274 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 out regard to the questioB, whether the pris- 
 oner is proved to have been concerned in 
 the particular transaction." Phill. Uv., 210, 
 8th ed. 
 
 The oath taken by the members of this or- 
 der, bound them to obedience to their supe- 
 riors as complete and prompt as that of sol- 
 diers in the army, or of an inferior to his 
 superior officer. That oath, after the member 
 had assented to the principles enunciated in 
 the rituals, pledged the common members be- 
 fore hand to become particeps criminis to what-^ 
 ever insurrectionary purposes, plans, or acts 
 their superior ofScers might design orexecute. 
 As I before said, they became parties to the 
 common conspiracy, the details of which for 
 prudential reasons were confined to the 
 leaders. Then let us see how far the co-opera- 
 tion in this conspiracy moved forward to the 
 consummation of their purposes. 
 
 Harrison testifies that on the 10th of Sep- 
 tember, 1863, when the Military Bill was 
 adopted, it was stated in open council, "that 
 it was necessary to organize in a military ca- 
 pacity, to protect the rights of the members 
 against the encroachments of the Administra- 
 tion." In other words, to prepare to set aside 
 this Government,, which was using usurped 
 powers. In his cross-examination, he testi- 
 fies that the same military feature existed in 
 both the American Knights and the Sons of 
 Liberty. Also, that the military bill was intro- 
 duced "in pursuance of injunctions received 
 from Mr. Wright, the originator of the organ- 
 ization in this State. * * His instructions 
 were that the order must have a certain num- 
 ber of major-generals." Thus we see, that 
 the ultimate resort to arms, to force, was one 
 of the original, fundamental principles of 
 the order. 
 
 Bingham testifies that M. C. Kerr, when he 
 came to this city to see about Dodd's scheme of 
 revolution, and to assist in having it stopped, 
 said that 
 
 "The people of Washington, Harrison and 
 Floyd counties have got the idea that a revo- 
 lution was impending." 
 
 Thus it will be seen that this idea- of revo- 
 lution, of resort to arms to set aside the Gov- 
 ernment, not only permeated the order itself 
 but entire neighborhoods. Its purposes were 
 so generally, so universally known, that peo- 
 ple who lived in the sections where this- 
 knowledge became prevalent, sold their crops 
 and their personal property that they might 
 save it from the general destruction which, 
 they expected, would follow the contemplated 
 insurrection. 
 
 Stidger testifies that on the 6th ofMiiy, 
 18G4, "Mr. Heffren told me during the evening 
 that he could call together, within twenty-four 
 hours, from 1,000 to 1,500 armed men in that 
 section in connection with that secret organ- 
 ization." This statement stands unimpeached 
 and uncontradicted, Heffren only saying that 
 he does not recollect the conversation, and 
 that it might have taken place. 
 
 Stidger saw Bowles on the 9th of May, 
 1864, when Bowles told him that he was a 
 'military chief of the order;" and spoke of 
 the co-operation of the forces of the order in 
 
 Illinois, Indiana, Missouri and Kentucky with 
 the rebel commands of Price and Buckner. 
 
 Here we see that Dr. Bowles, who occupied 
 the same position in the order that Milligan 
 and Humphreys did, had knowledge of these 
 intents and purposes of the order, and de- 
 clared them to any member of the order who 
 chose to inquire. He had no better means of 
 information, no higher trust than the other 
 major-generals — in fact, he did not receive 
 his appointment until several months after 
 Milligan and Humphreys were appointed. 
 They must have had the same knowledge. 
 
 From this time forward, Stidger testifies to 
 details of military plans, purposes and infor- 
 mation, given to him by Bowles and others. 
 ■He also states that in Kentucky, where the or- 
 der was organized by and through the officers 
 in this State, members "were always in- 
 structed regarding the military character of 
 the order." He says that they were instructed 
 "by Judge Bullitt, Dr. Kalfus, or myself, or 
 whoever initiated them, that the order was for 
 the purpose of resisting the Government by 
 force of arms, and for assisting the South." 
 
 Hefi'ren makes a distinction between the 
 civil and military parts of the order. This, 
 however, is simply a matter of opinion, and 
 is of no importance one way or the other, so 
 long as it is proven that the order had a mili- 
 tary branch, and that the military branch 
 was necessary to the accomplishment of the 
 purposes avowed in the fundamental princi- 
 ples of the order. 
 
 Heffren, however, in his testimony, does not 
 say that those to whom arms were to be given 
 belonged solely to the military portion of the 
 order. On the contrary, he says, arming was 
 not confined to the military portion of the 
 order. The military part of the order, he 
 says, "had for its object the separating of the 
 States of Ohio, Indiana, Hlinois, Missouri 
 and Kentucky from the Eastern States, and 
 make a North-western Confederacy ; and, 
 failing in that, join our fortunes with the 
 South." In pursuance of that object, "that 
 there was half a million dollars sent to Indi- 
 ana, Illinois, and Kentucky, I think by rebel 
 agents in Canada, for the purpose of procur- 
 ing arms and ammunition for these North- 
 western States to arm themselves with." 
 
 "The arms thus bought were to be used to 
 carry out the plans of the military part of 
 the order by arming the order." p. 412. 
 
 These military objects were discussed in 
 Grand Council, by members, without reference 
 to their military position. The discussion in 
 the September Council was in open meeting 
 of the order; and the nominations were first 
 made by the delegations from the several mili- 
 tary districts. In February, Mr. Heffren says; 
 "The matter (the military objects of the or- 
 der) was talked of by some of us; perhaps 
 a few of us in a corner, or off to one side." 
 
 Even in September, 1864, when the major- 
 generals were appealed to by Heffren to know 
 whether "we," by which word he said, "I 
 mean the members of the Order of American 
 Knights," should submit to Dodd's arrest or 
 fight, it is evident the whole order was 
 expected to co-operate, ond that, too, under 
 
TREASON TRIALS AT INDiANAPOLIS. 
 
 275 
 
 the dirtotiou of the military officers elected 
 by the civil organization of the order. In 
 the Vestibule degree, there is no purpose ap- 
 parent but a political one; but the moment 
 the oath of the first degree proper is adminis- 
 tered, the civil mid military parts of the or- 
 der become blended — one faith, one ritual, one 
 oath, one act, and one supreme head charac- 
 terizing the unity of the order. 
 
 Wilson said Dodd was to be considered the 
 military he.ui of the order in this State; and 
 that the revolution in this State "was to talce 
 place by the order of Mr. Dodd; he was to 
 send out couriers to the different commanders 
 of the several districts of the State — the ma- 
 jor-generals of the four districts into which 
 the State was divided — and they were to send 
 out couriers into the respective counties com- 
 posing their several districts; they were to 
 give notice of the uprising in their counties; 
 and then it was expected again that informa- 
 tion would be conveyed to certain persons in 
 the county that had been prominent and lead- 
 ing' men in the organization, and they were to 
 see that it was conveyed to the different town- 
 ships in the county." 
 
 Wilson also adds that Dodd's plan was 
 "known to all the members of the order in 
 my county." With how much plausibility or 
 reason can it be claimed or argued, that these 
 intents and purposes were unknown to three 
 of the military chieftains of this organiza- 
 tion, and yet were known to the entire or- 
 ganization in a county in which the society 
 was fully organized in every township but 
 three. 
 
 The defense have attacked with great bitter- 
 ness the character of Mr. Heffren. They have 
 been unable to say one word as against Dr. Wil- 
 son, except that he was an informer. Of Mr. 
 Heffren, I can only say this : In the past his- 
 tory of this State he has been a man of prom- 
 inence, and II. leading member of the Demo- 
 cratic party, and associated as a political co- 
 worker witli each of these defendants. For 
 four years he was a member of the Senate of 
 this State, and was the Democratic candidate 
 for Speaker in the House of Representatives 
 at the session of 1861. 
 
 He has held a commission as Lieutenant 
 Colonel in our army, which he resigned. The 
 only act of his life that I know of or have 
 heard of against him is, that he became embit- 
 tered against the Government of the United 
 States, and joined this disloyal and treason- 
 able organization. The accused have been 
 unable to disprove any thing which was ut- 
 teriBd upon this stand by him. They had 
 made no attempt to impeach him. Nor have 
 they attempted in any manner to disprove 
 one of the utterances of Dr. Wilson, a man 
 whom every one characterizes as a person of 
 undoubted probity and truthfulness. He now 
 holds the position of Auditor of his county, 
 and has the confidence of the community in 
 which he lives. His evidence, not having 
 been refuted in the slightest particular, and 
 in no respect being improbable, and no im- 
 peachment having been attempted, must be 
 given full credit and effect hy this Court. 
 
 The witnesses introduced by the defense 
 
 show that the order was not purely political, 
 although they testified with great unanimity 
 that it was designed as an offset to the Union 
 League, as they had heard. But on that 
 point the witnesses stultified themselves by 
 stating that such members as Mr. Milligan 
 had opposed the extension of the order. Why 
 oppose its extension, if it be only designed as 
 a political organization to offset the Union 
 League? Mr. Ibaoh testifies that the order 
 was political for the purpose of advancing 
 Democratic principles, "as we understood 
 them." He also states that at the June Coun- 
 cil, "A young man from the north part of the 
 State was very uneasy about the draft, and 
 thought the order should do something." He 
 thought "we ought to combine." A resolution 
 was offered and voted down, " That the differ- 
 ent temples in the counties should organize 
 for the purpose of resisting the Government. 
 * * * It created quite a turbulent time 
 there. Some thought that the order was purely 
 political, and others that there was a military 
 branch to it. The majority of the members 
 did not want any military action, but pre- 
 ferred to wait for a change through the elec- 
 tions." In other words, the dissension was 
 not on the right and duty of resisting the 
 Government, but simply a question of time, 
 means and policy. The relations of the order 
 to the Government came up again, as Mr. 
 Ibach testifies: "They had quite a discussion 
 about the grievances of the Government, but 
 could not come to an understanding about the 
 matter." 
 
 The same witness, who has been so often re- 
 ferred to by the counsel for Mr. Milligan, had 
 a muster-roll of a company headed by his 
 own name, which was drawn up within the 
 past eighteen months, whose ohject was to get 
 State arms, if possible, and to drill — not for 
 State or Government service — but, to use his 
 words, to "protect ourselves « « « against 
 the soldiers that were coming home; •■■ * to 
 guard ourselves against what we called en- 
 croachments on our rights." 
 
 Judge Wilson B. Loughridge, who has been 
 so often quoted by the defense, another of Mr. 
 Milligan's witnesses, testifies that "it was al- 
 together a political association: " that " it was 
 intended to protect the members of the Demo- 
 cratic party against violence, which it was 
 thought had been used against them in par- 
 ticular quarters ; and, in short, to protect 
 the members of the Democratic party, and 
 see that their rights were never trampled 
 upon." 
 
 Again he said: "The functions of the or- 
 ganization, as I understood it, were to see that, 
 we had a fair election, and maintained our 
 rights. * * To defend ourselves; if w.; 
 were assailed, to protect ourselves." To do 
 this, "with just such means as were neces- 
 sary to afford us proteotion; to exhaust all 
 peaceable means, and if these failed, to exer- 
 cise the right of self-defense." That "we 
 were to be protected wherever we were as- 
 sailed. * * The efforts of the members 
 were to be mutual in protecting each other." 
 
 Thus it will be seen that the design and pur- 
 poses of the order were mutual, and were not 
 
276 
 
 TREASON TBIALS AT INDIANAPOLIS. 
 
 to be confined to peaceable means, but looked 
 to a final resort to arms. 
 
 The same -witness identified the tenth section 
 of the Declaration of Principles, read to the 
 candidate for the first degree, as "one of the 
 cardinal principles of the order." He also 
 said he had " never heard members dissent 
 from it;" and that in his paper, and in his 
 speeches, he had expressed the opinion that 
 "the President was assuming powers not del- 
 egated;" and that "the order held to that as 
 well." Take this admission in connection 
 with the reading of the tenth section, and out 
 of their own mouths they are convicted of 
 unlawful combination to achieve treasonable 
 purposes. 
 
 Stephen G. Burton, a witness for Mr. 
 Humphreys, in his direct examination, testi- 
 fied that the order was political, and "there 
 was nothing more taught in the second or 
 third degree than in the first." In the cross- 
 examination, I read to the witness the tenth 
 section of the Declaration of Principles of 
 the first degree, and asked what those sen- 
 tences meant. He promptly answered : 
 
 "They have reference to counter-revolu- 
 tion. * * Because when one political party 
 assumes power, and begins to trample on the 
 rights of other citizens, these can take their 
 rights in their own hands, and defend them 
 by force of arms. My idea is that it is right 
 for a free American citizen to defend his rights 
 by force when they are trampled upon." I 
 further asked: "Was it one of the purposes 
 of the order, that in case of these encroach- 
 ments referred to, and the trampling upon 
 their rights, that this order should resist it by 
 force of arms?" 
 
 He a nswered : " Yes, sir." 
 
 Thus I need no explanation of the intents 
 and purposes of this order, or its illegal and 
 treasonable designs, by the witnesses for the 
 Government. The defense themselves have 
 made that proof for me. In examining this 
 proof it must be kept in mind what they claim 
 were encroachments, usurpations, and tramp- 
 ling upon their rights or the rights of any people, 
 and in case they deemed them to exist, how, 
 from their stand-point, they proposed to act. 
 
 The examination of this witness continued : 
 
 "Q. The ritual claims the right of resistance 
 'whenever the officials assume and exercise 
 power not delegated.' Has not the order 
 claimed that the Government was exercising 
 power not delegated? Have you not so 
 claimed ? 
 
 " A. I have frequently claimed that it had 
 assumed powers not delegated. 
 
 "Q. Has not the order also claimed this? 
 
 "A. I suppose it has. 
 
 "Q. Was not this one of its principles? 
 
 "A. I suppose it was. The Government had 
 assumed too much power. 
 
 " Q. In case of such assumption of power, 
 was the remedy contained in these words: 
 'It is the inherent right and imperative duty 
 of the people to resist such officials, and, if 
 need be, expel them by force of arms?' 
 
 "Q. Was that the remedy proposed by the 
 order ? 
 
 "A. Yes, sir." 
 
 Here, gentlemen, is the explanation given 
 by their own witnesses of their own under- 
 standing of this combination which they had 
 entered into. This obligation, which they had 
 taken upon themselves, defines whether the 
 purposes of the combination were legal or il- 
 legal. 
 
 Let us glance for a moment at a few of the 
 overt acts of treason enacted in pursuance of 
 the general purposes of the order. First, as to 
 the drilling and arming of the order. 
 
 Teny testifies that, in Martin county, the 
 order "drilled a few times in the township," 
 and "that they were getting arms all the time." 
 
 In speaking of the order, I do so without ref- 
 erence to whether it went under the name of 
 the Knights of the Golden Circle, American 
 Knights or Sons of Liberty: for I think I 
 have sufficiently shown that one was but the 
 outgrowth of the other, and that they were all 
 one and the same general conspiracy, actu- 
 ated by the same motives, and moving for- 
 ward to the consummation of the same pur- 
 poses, and as a general rule containing the 
 same members. 
 
 Connell and Heffren both testify as to Horsey's 
 having brought ammunition to his own home 
 in Martin county, and Heffren as to its being 
 concealed upon Horsey's premises. 
 
 Eobertson testifies to the arming and drill- 
 ing of the order in Randolph county, of its 
 purpose to resist the draft and arbitrary ar- 
 rests, whenever the emergency arose, or the 
 heads of the order demanded it. He details 
 the military organization of their lodge. 
 
 The order in Washington county was gen- 
 erally armed, and §1,000 was placed at the 
 disposal of the order in that county, in June 
 last, by Dr. Bowles, for the purpose of pur- 
 chasing arms for those unable to arm them- 
 selves, as Heffren and Wilson both testify. 
 This was a month nearly before the Confeder- 
 acy tendered to the order, at the Chicago con- 
 clave, 52,000,000 for revolutionary purposes. 
 
 In regard to arming the order in this place, 
 Hkrrison testifies to the arrival of arms, pis- 
 tols and fixed ammunition, consigned by 
 Walker to J. J. Parsons, a member of the or- 
 der, and concealed in Dodd's building — which 
 were purchased shortly after the Chicago con- 
 clave. Colonel A. J. Warner also testifies to 
 the seizure of these arms. 
 
 Stidger testifies that "Bowles made a state- 
 ment in the Council of the 14th of June, that 
 the organization in his county numbered 
 about 600 men ; but that there was a military 
 organization amounting to 900 men, armed 
 and equipped. * * He also stated that he 
 had an arrangement with a man to furnish 
 any number or kind of arms." Also, that in 
 August, Bowles wanted to get arms of Peters, 
 of Cincinnati, and B. C. Kent, of New Al- 
 bany; and asked Stidger to have "three or 
 four thousand lances made." 
 
 Stidger also says: "I was told by Mr. 
 Kern, a member of the order, that Judge Wil- 
 liams, of Kentucky, had given $100, and other 
 members $200 more for organizing the order, 
 and that he had expended that money in the 
 purchase of arms, and that they had sent the 
 men, with the arms, South." 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 277 
 
 Greek fire was one of the appliances of the 
 order, to be used to destroy Government prop- 
 erty, as Stidger, Wilson and Heffren testify, 
 and had been used for that purpose. It is true 
 Booking attempts to explain and refute some 
 of the evidence of these witnesses; but his 
 story, in and of itself, is so contradictory, im- 
 probable and entirely contemptible, that the 
 defense themselves have hardly dared to claim 
 any weight for it. The whole effect of his tes- 
 timony upon the minds of the members of this 
 Commission, must have been to corroborate 
 Stidger and the statements of the Government 
 witnesses. He admits the receipt of the $200 00. 
 He admits that he was present at the meeting 
 of members of the order at the Louisville Ho- 
 tel, in Louisville, which was referred to by 
 Stidger. Mr. Booking stated that he was 
 very much out of health, and went to the 
 Springs, where Dr. Bowles resided, for his 
 health — to recuperate his decaying vital pow- 
 ers — and as the result of this stay, took din- 
 ner at these Springs, and left after a long in- 
 terview with Bowles; and that being entirely 
 out of money, and hard up, he went to the 
 Louisville Hotel, at Louisville. Yet he says he 
 had no business whatever to call him there, 
 nor any thing whatever to do; and that while 
 there, he made and explained to these gentle- 
 men at that Hotel, all about his shells, hand- 
 grenades and Greek fire; and that still being 
 hard up, though having received $200 00, he 
 travels to Indianapolis and spends a week, 
 then goes to Detroit and spends a week, thence 
 to Cincinnati, from Cincinnati to Adams coun- 
 ty, Ohio, from Adams county to Cincinnati, 
 and from Cincinnati to this city, where he has 
 remained ever since. Concealing the fact that 
 he was at Windsor, Canada, until it is unwil- 
 lingly drawn from him, he admits that on this 
 trip, in April or May, he stopped for two weeks 
 at the house of the rebel Colonel Steele, in 
 Windsor, Canada, free of charge, without busi- 
 ness or employment, or design of any kind, as 
 he swears, in going there. All this is suffi- 
 cient to give this Commission an understand- 
 ing of the motives, and bias and weight to be 
 given to Booking's testimony. 
 
 OPPOSITION TO THE DRAFT. 
 
 This order was pledged, as a body, not to 
 serve in our army. They were sworn not to 
 enter the service of the Government for pay. 
 (|lee Obligation of the Second Degree.) Its 
 members were even taught that the prosecu- 
 tion of the war was a usurpation of power. 
 Its teachings, as a natural result, led to oppo- 
 sition to the draft. In Wells county, its mem- 
 bers, in their temple, discussed opposition to 
 the draft. Joseph Johnson, a witness for the 
 defense, «ays: "Some said, I will resist; some 
 said, I will fight, or run off, or do something 
 else." The temple in Rock Creek township. 
 Wells county, sent committees to other places, 
 to learn what the order should do about the 
 draft. Milligan counseled resistance, but oth- 
 erstif theorderthoughtthat impolitic. Zumro 
 and Johnson both testified that they had a 
 military organization in their temple. A fla- 
 grant appeal to the people to resist the draft 
 and to discourage enlistment, is the speech of 
 
 Mr. Milligan at the gathering of the order, 
 and others, at Fort Wayne, on the 14th of Au- 
 gust, 1863. It is a matter of public history 
 that this Convention denounced the draft as 
 the most damnable of all the outrages perpe- 
 trated by this Administration. Yet so far from 
 denouncing that resolution and others of kin- 
 dred disloyalty, Mr. Milligan went into an 
 elaborate defense of the South, denouncing 
 the Government, and the war, and tlie purpose 
 for which It was waged. 
 
 COMMUNICATION WITH REBELS. 
 
 I come now to consider next the acts of this 
 order, as a body, as to their communication and 
 concert of action with the rebels. 
 
 Stidger testifies that he was taken for a 
 rebel commissioner, when he first visited Sa- 
 lem. Heffren corroborates this statement, 
 saying: "It is possible some man played him- 
 self off on Stidger, at that time, for me. A 
 great many men about Salem, at that time, 
 were expecting a man from Cumberland Gap, 
 to report rebel movements." 
 
 Bowles stated, in the presence of Stidger, 
 " that they had sent a man named Dickerson 
 to Richmond, to have the Confederate author- 
 ities send an invading force to act in concert 
 with their order." 
 
 Stidger says, that "Bullitt instructed a man 
 to try and get a place appointed for him to 
 meet Colonel Jesse, said to be a rebel colonel in 
 command of the rebel forces in Kentucky; and 
 he instructed this man to go to Colonel Syph- 
 ert, a rebel colonel, said to be in command of 
 a rebel squad, and have a conference with him 
 about the capture of Louisville." He also 
 states, that in Kentucky, "there was a rebel 
 Col. Anderson, of the 3d rebel Kentucky Regi- 
 ment of infantry, initiated into the order about 
 the last of June, 1864," by Kalfus; and, also. 
 Captain Van Morgan, Dick Pratt, Jim McCrock- 
 lin, and a captain of a squad of guerrillas. 
 
 And here let me say, that all that has been 
 said by Mr. Milligan's counsel, or by Mr. Ray 
 in reference to Mr. Stidger's initiating, or as- 
 sisting in the initiation of those parties, seems 
 to be exceedingly unjust and ill-timed. It 
 certainly can have no weight with this Court, 
 or with any unbiased mind. Mr. Stidger un- 
 equivocally states that all he did in the way 
 of initiation of rebel officers, or of any one 
 else, he did in pursuance of instructions from 
 Judge Bullitt, the head of the order in Ken- 
 tucky, or Dr. Kalfus, or upon his own respon- 
 sibility. He does not state, and there is not 
 one particle of evidence from the beginning 
 of this trial to its close, to support the allega- 
 tion, that he ever initiated any person into 
 this order, by the instruction, direction or 
 sanction of General Carrington, or any other 
 officer of the United States, or of the State of 
 Indiana. He was instructed simply to become 
 a member of this order, and learn all he could 
 with reference to its acts and purposes. It if 
 perfectly absurd to claim that tliere was any 
 desire or design on his part, or on the part of 
 the authorities, to extend or perpetuate this 
 order. All his nets were, weekly and month- 
 ly, reported to the United States authorities. 
 They were striving to obtain that degree of 
 
278 
 
 TREASON TJRIALS AT INDIANAPOLIS. 
 
 information upon which they could act in 
 bringing these conspirators 'to justice; and 
 the moment they gathered sufficient informa- 
 tion to base their action upon, the authorities 
 acted. And you, g,entlemen, on the part of 
 the accused, at one moment and in one brea,th, 
 are bitter beyond degree, in denouncing the 
 authorities because .tliey did '"-o^ !^o*' sooner; 
 and with the game Tigor, and in the next 
 breath, you denovmce their arrest, finally, as 
 acts of tyranny, unwarranted and unauthor- 
 ized. 
 
 To return to the evidence. Mr. Heffren tes- 
 tifies, that the revolution on the 16th of Aug- 
 ust hinged on the contingency of the co-ope- 
 ration of the rebels; and that "about the 16th 
 of August, Dr. Bowles had sent a maji to Gen- 
 eralPrice, but he had not returned." Eebel com- 
 munication was also spoken of to Heffren, by 
 Mr. Harris, of Salem. Wilson saya, that at 
 the Chicago meeting of July :2Qth, 1864, he 
 heard communication with the rebels spoken 
 of. He says: "I think Dr. Bowles said, mes- 
 sengers were sent to the rebels. * * I think 
 they were sent into Kentucky and Missouri. 
 * a I inferred it [communication] was to be 
 with Price and Buc^ner, because they were to 
 be the co-op.or:itiTe forces in case of an upris- 
 ing." "The general signal for the uprising was 
 to be the appearance of guerrillas or troops in 
 the vicinity of St. Louis or Louisville." The 
 cpuriers sent, "were to go to Generals Price 
 and Buckner." The Illinois forces of the or- 
 der were to liberate rebel prisoners in that 
 State, and concentrate at St. Louis, "to co-op- 
 erate with Price's forces." 
 
 Wilson also states that at the Chicago meet- 
 ing, Dodd represented that he came fresh 
 from a conference with Holcombe, Clay apd 
 Sanders, at Niagara Falls, whp were duly au- 
 thorized by the Southern Confederacy to ipeel 
 thjCm in Chicago, but could not get a safe con- 
 duct, through Horace Greeley, from tjie Presi- 
 dent. Yet the Southern Confederacy was rep- 
 resented by a Captain Majors, and Mr. Bar- 
 rett, who said he was authorized to represent 
 the Southern Confederacy. 
 
 These men met, according to their own 
 statement, not to destroy the Government, but 
 to save it; and in this work of saving the 
 Government, they boasted of the active sym- 
 pathy and co-operation of the rebel authori- 
 ties, who have always maintained the distinct- 
 ive principles of the order. 
 
 Mr. Barrett, of Missouri, in opening the 
 qoncl^ive, state4"that his object in calling 
 the meeting was that he thought the Govern- 
 ment could be restored, and he was satisfied 
 it could be, if we could get the co-operation 
 of the North with the South — or a portion of 
 the North, Ohio, Indiana, Illinois, Migspufi, 
 and Kentucky; he said if the members of the 
 Sons of Liberty in these States, would co-op- 
 erate with the South, he had no doubt the en- 
 tire Government could be saved through thpif 
 action. He also said that it had been cofitem- 
 plated to have an uprising at some time soon, 
 perhaps as early as the 3d of August, but 
 that had failed from some cause; and he 
 thought every thing could be got ready for an 
 uprising, perhaps by the 10th or 15th of the 
 
 month, and that the South, in order to show 
 her willingness to engage in some movement 
 that would restore the Government, had au- 
 thoriz.ed him to place at the disposal of the 
 members of the organization a largo sum of 
 money, amounting to two millions of dollars. 
 «- «■ ^iiat the organization .could have the 
 use of that amount of money in preparing 
 themselves to rise against the I^incolp Admin- 
 istration ; that it wpnld be distributed to the 
 several Grtind Cpmmanders of those States, 
 and by them B,ub-distributed g.mong such perr 
 sons inside of their orde;: as in tj^eir judgment 
 was prudent, and to be expended,' by those 
 who received it, for arms and 'other applir 
 ances of war. 
 
 "He [Barrett] stated, in speaking of the 
 money, that it had been used for the piirpose 
 of paying for the destruction of United States 
 property,' arsenalSj biirning boats," etc. "Ho 
 said they would pay ten per cent, on Govern- 
 ment property so d'estrpyed." 
 
 Dr. Wilson said he understood from some 
 source, he thinks from Dr. Bowles, " that Ohio 
 was to be taken care of by Vallandigbam * 
 * in the event of a ge'nei-al uprising. He 
 had some forces at his disposal in Canada, 
 and woiild bring those forces into Ohio to co- 
 operate with pther fp-rceg at Cincinnati and 
 Louisville." 
 
 HOW IT WAS TO BE DONE. 
 
 I come next to the consideration of the rev- 
 olutipnary plot, or the pl<in finally determined 
 tjpon, by which the purposes of this order 
 ■weie to be carried into execution. The details 
 of the plan of operations matured at Chicago, 
 in July, 1804, invplving the release of the 
 rebel prisoners in Ohio, Indiana, apd Illinois, 
 and the seizure of Gpvef nment arsenals, and 
 burning of Northern cities, etc., in this State, 
 in Missouri, and Hentacky, >vere detailed sub- 
 stantially alike by Harrison, Stjdger, Bingr 
 ham, Wilspn and Heffren. Harrison first 
 speaks of it as '' a design in progress or in 
 contemplation." Dodd desired to have a Depir 
 ocratio masg meeting called, under cover of 
 which he would carry out his plans. If the 
 meeting was called, Harrison says, "he in- 
 tended to send out circulars to the members 
 of the or(;ler in the various counties, ordering 
 th,e members (npj. the military ipem|}ers, it 
 should be borne in mind, but all the members) 
 to come up tp that meeting <frme^." * * "Bj 
 the aid of the rebel prisonef s, who were to be 
 releiised through his instrumentality, and that 
 of tlie p,erspns who canje in here to the meet- 
 ing to Ipe held here on the 16tb, they were to 
 have an uprising and overturn the State Gov- 
 ernment," 
 
 "This scheme had its connection not only 
 in this State, but in the State of Illinois.^' 
 Harrison also staled that Dodd was the proper 
 person to head the uprising. I then asked 
 him: 
 
 "Q. Had he the power in an ofiicial capac- 
 ity to order that here? 
 
 "A. It was vested entirely in Mr. Dodd. 
 
 "Q. Had he the ppwer to order member^ of 
 the order at will? 
 
 "A. He had." 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 279 
 
 Joseph J. Binglianv, in liis testimony, slates 
 that wlien Dodd approiiolied him, and asked 
 him for his eo-operation in this sohemo of rev- 
 olution, August 2d| he (Dodd) said " that at 
 the Council, a revolution had hem determined 
 upon. * * Arrangements had been made 
 to release the prisoners on Johnson's Island, 
 at Camp Chase, near Columbus, Ohio, at Camp 
 Morton, and also at Camp Douglas, and that 
 the prisonei's at Camp Douglas, after their re- 
 lease, were to go over and release those at 
 Bock Island. At the same time there was to 
 be an uprising at Louisville, at which the Gov- 
 ernmeut stores, etc., were to be seized." 
 
 This scheme Bingham did not indorse, but 
 did conceal. He did go to Athon and Ristine, 
 as he testifies, and asked them leading ques- 
 tions, and learned nothing, and revealed noth- 
 ing. Through the instrumentality of Mr. 
 Kerr, who seemed alone faithful to his country 
 among the faithless, a conference of leading 
 Democrats was held to arraign Dodd and 
 Walker. They met at McDonald's offiSe. Bing- 
 ham says: "Colonel Walker and Dodd did not 
 acknowledge or deny, at that interview, that 
 any such scheme was entertained. They both 
 spoke, and very earnestly, about the state of 
 public afifairs, and they used about these argu- 
 ments: 'That the Government could not be re- 
 stored again undei- the old state of things, 
 without a forcible revolution. That an appeal 
 to the ballot-box was all folly; tliat the people 
 were prepared for revolution; that they would 
 not submit to the draft; and that it was bet- 
 ter to direct the revolution, than to have the 
 revolution direct us.'" 
 
 Every member of that meeting, who heard 
 these speeches uttered by these men, was 
 bound, if he acted in good faith to his country, 
 to have had these men instantly arrested and 
 turned over to the authorities to be punished. 
 And every man who was present on that oc- 
 casion, failed in his duty to his Government 
 in her hour of sorest need, when he permitted 
 these men to walk abroad maturing their 
 schemes of revolution, of insurrection and 
 treason, or permitted in his hearing the utter- 
 ances of these senfiments, knowing that they 
 had already matured a scheme for carrying 
 them into execution. 
 
 In these brief speeches of Walker and 
 Dodd, as given by Bingham, is outlined the 
 legitimate culmination of the cardinal prin- 
 ciples of the order. .The order had never 
 doubted the propriety of insuiTection and 
 revolution, but only whether the proper time 
 had come for its inauguration. Walker and 
 Dodd believed that period had arrived, and 
 they acted accordingly. They accepted Bar- 
 rett's offer of rebel co-operation. They coun- 
 seled with Holcombe, Clay and Sanders, at Niag- 
 ara Falls, while maturing and arranging the 
 details of revolution. They admitted into their 
 Chicago conclave of July 20th, representatives 
 of the Southern Confederacy. They appointed 
 a meeting with rebel officers in this city, to 
 arrange the details of releasing rebel pris- 
 oners. 
 
 Bingham says, on the morning of the 11th 
 of August, ho met Walker going to the Bates 
 House. "I asked him why he was going ? 
 
 Ho said he had to moot these gentlemen by 
 appointment. I understood him to say that 
 they were rebel officers. *• * He said that 
 they were on their way to Chicago to take 
 charge of the rebel prisoners when they were 
 released from Camp Douglas. It was neces- 
 sary that he should see them to tell them that 
 the wliole scheme was stopped. He met me 
 afterward, and said that h« had seen them, 
 and they had gone on and stopped all ope- 
 rations at that time for the release of the 
 prisoners." 
 
 The arrival of the rebel colonels at the 
 Bates House here, from the rebel army, is most 
 conclusive proof of the direct communication 
 and connection of this order with the rebel 
 insurgents. But twenty days elapsed be- 
 tween the time when the plan is agreed upon 
 at Chicago, before that intelligence is trans- 
 mitted to the rehel authorities, and in pursu- 
 ance of that intelligence the rebel emissaries 
 arrived at this point to take part in this in- 
 surrection. Their couriers must have been 
 swift and sure. 
 
 Stidger says that on the 29th of July, he 
 saw Dodd, and Dodd said to him : " lie there- 
 fore wished me to go home, and get twenty or 
 thirty good runners, so that as soon as Judge 
 Bullitt returned they might have been sent 
 off. He said the programme was arranged, 
 and every thing ready." Bullitt also told 
 Stidger that "the programme was all arranged 
 for this uprising." On the 2d of August, 
 Stidger says Dodd told me "what the pro- 
 gramme was, and impressed upon me the im- 
 portance of secrecy." 
 
 Stidger also learned that "their difference 
 at Chicago was whether they should wait un- 
 til the rebel forces should be sent into Eastern 
 Kentucky to co-operate with them, or to make 
 their uprising now, and co-operate with the 
 rebel forces when Davis could send them." 
 " Bowles at first objected to this uprising until 
 the rebels should invade the eastern part of 
 the State, as he said they would. * * He 
 would consent to the uprising on the 15th or 
 16th of August, as Dodd had said, provided 
 Colonel Syphcrt, Colonel Jesse, and Walker 
 Taylor would assist in the capture of Louis- 
 ville, until the forces of this State could get 
 there." 
 
 Piper also told Stidger that "he was carry- 
 ing orders, or that he had orders from Mr. 
 Vallandigham to Judge Bullitt and Dr. Bowles. 
 They were orders with respect to the time set 
 for the uprising of the order." 
 
 Bowles also said to Stidger, that the pro- 
 gramme Dodd had given him, " was the pro- 
 gramme agreed on at Chicago." 
 
 Heffren confirms the statements of other 
 witnesses in regard to this scheme of revolu- 
 tion, and said it failed partly on account of 
 Kerr's exposure, and also, "because the army 
 of the Confederacy did not come through Cum- 
 berland Gap, as they had agreed to, or as it 
 was reported they had agreed to do." 
 
 The revolutionary purposes of the order were 
 also shown in the speech made at the time of 
 the Chicago Convention, August 29th, 1864, to 
 the conclave of the Sons of Liberty, by Mr. 
 Moss, of Missouri. After describing the in- 
 
280 
 
 TREASON TKIALS AT INDIANAPOLIS. 
 
 dignities suffered by members of the order, in 
 that State, he said; "If this organization was 
 worth any thing, if it was intended to be effi- 
 cient in the restoration of the Government 
 under the Constitution, that now was the prop- 
 er time to strike; that these indignities were 
 unbearable; that if- they had the true Ameri- 
 can blood in them, they would not bear it any 
 longer, but would strike now." 
 
 These, then, were the chief schemes and pur- 
 poses of the order, as explained and defined 
 by the acts of its members. These were the 
 means by which they proposed to carry their 
 purposes into execution. These, in brief, are 
 the acts done in pursuance of the original 
 combination; and the culmination of all these 
 acts on the day assigned, was but the natural 
 outgrowth, the proper and natural consumma- 
 tion of the principles and purposes which they 
 had sworn to maintain by force of arms, if 
 necessary. I therefore say that each member 
 of this conspiracy, who took upon himself the 
 oaths of the first, second and third degrees of 
 this order, or of the first degree alone, after 
 fully understanding the lessons and princi- 
 ples of the order, as ■ explained in the Ritual, 
 was responsible for every one of these acts 
 done by the leaders of this order. There is 
 no way by which they can relieve themselves 
 from that responsibility. They must be held 
 accountable for these acts. They were but 
 carrying into practical application the theo- 
 ries and principles they had all sworn to 
 maintain. This organization, as a body, was 
 the gathering together, to be wielded against 
 the Government, of all the bitter and hostile 
 elements in these Northern States. It was 
 truly but a whited sepulcher. To the world it 
 exhibited nothing of its inner corruption, but 
 concealed its acts, principles and purposes. 
 It concealed its very name, its very existence; 
 but within it was filled with dead men's bones, 
 and all manner of corruption. Over the doors 
 of its temples should be inscribed the same 
 maxim that the Roman people used as to their 
 own city, in the days of the Inquisition: 
 
 *• Vivere qui sancto Tultis diBcedito Koma, 
 Omnia hie eaao liccut non licet etise probum." 
 
 "He who -would live holily, depart from Rome: 
 All things are allowed here except to be upright." 
 
 All things were allowed in these temples, 
 except to be loyal, true, faithful to the mother 
 who had cherished and nourished them: that 
 dearest mother, our beloved country. 
 
 CONNECTION OF THB ACCD8ED WITH THIS ORDER. 
 
 I now turn to examine briefly the evidence 
 as it applies to the accused individually. 
 
 WILLIAM A. BOWLES. 
 
 First, then, in the order of their arraign- 
 ment, I shall consider the proof as it relates 
 to the accused, William A. Bowles. The ar- 
 gument of Mr. Bay, the able counsel for Mr. 
 Bowles and Mr. Humphreys, is an ingenious, 
 courteous, elegant document. I think it puts 
 the evidence in the best possible light for the 
 defendants. But in scanning that argument 
 closely, we see its fallacies and its objects 
 when wo come to weigh it by the proof. The 
 
 counsel puts Mr. Bowles before the public as 
 more sinned against than sinning. This view 
 of the case can only be sustained by a whole- 
 sale rejection of the testimony of witnesses of 
 undoubted veracity. While Dr. Bowles has 
 not put himself forward as a public agitator, 
 nor, by speeches to public assemblies, sought 
 to stir up insurrection and dissatisfaction, ho 
 has, however, steadily and quietly, in the daily 
 walks of life, in the order and in connection 
 with it, moved forward and labored to secure 
 the overthrow of the Government, even at the 
 expense of insurrection and revolution. That 
 he spent his own time and money freely 
 for this object, there is no doubt. That in his 
 old age, with the span of his life nearly closed, 
 he leagued himself with younger men, and 
 assisted them in their schemes of treason, is 
 clearly proven. There is not, however, a par- 
 ticle of evidence to show that his object, as 
 claimed by his counsel, was simply to efiect a 
 compromise between the two sections. All his 
 acts, and those of his co-conspirators, recog- 
 nize the rebels as friends of civil liberty, and 
 his and their friends; and the Government, 
 and those who administered it, and its sup- 
 porters, as enemies and usurpers, whom he 
 and they hated with a hatred unutterable and 
 beyond measure. 
 
 With these cardinal principles, the accused, 
 William A. Bowles, put himself in communi- 
 cation, and acted in concert with those whose 
 iron hands were grappling at the throat of the 
 Republic. 
 
 The testimonyishows that William A. Bowles 
 was initiated into the Grand Council Degree 
 of the Order, on the 10th of September, 1863. 
 Mr. Harrison testifies to this positively, and 
 identifies the accused; William A. Bowles, as 
 the person initiated that day. He was a mem- 
 ber of the Military Committee appointed at 
 that time. He spoke at considerable length 
 on the features of the military bill. -His 
 speech was "approving of the military bill." 
 He was present at the State Council held Feb- 
 ruary 16th and 17th, 1864. The same witness 
 testifies that Bowles was present, and was 
 "elected in the South-east District" as its 
 Major General. Wilson testifies that Dr. 
 Bowles was present at the State Council, 
 which, he thinks, was held about the 6th of 
 November, 1863. A military committee was 
 appointed at that meeting. Wilson says: "I 
 thought from the actions of Dr. Bowles, he 
 must be the chairman of that committee, as he 
 made a verbal report." This was the meeting 
 at which Dodd proposed "to kick down the 
 walls of common decency, and talk treason 
 for awhile;" and spoke of revolution as one 
 of the ulterior plans of the organization, if 
 necessity required it. Here, then, was the ex- 
 planation of the intents and purposes of the 
 order, in the presence of the accused, boldly 
 and without reserve, to the assembled mem- 
 bers of the order, moving forward to its ao- 
 oomplishijient. Supreme Councils were held 
 in Chicago, in the latter part of September, 
 1863, and in New York in October or Novem- 
 ber, and also in the following February. 
 
 Harrison said he understood Bowles waa 
 present at the Supreme Council in September, 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 281 
 
 and adds: "I got this information from Dodd." 
 Harrison sent to Dr. Bowles two copies of the 
 printed proceedings of the February Grand 
 Council, with the Constitution of the County 
 ond Branch Temples. He says that Dr. Bowie's 
 was present at the State Council of June 14th, 
 1864. 
 
 The military bill was changed in the Feb- 
 ruary Council at Bowles' suggestion. Harri- 
 son says: "He was elected [Major General] 
 on that occasion. A portion of that bill was 
 changed, and I did not hear him object after 
 the bill was changed." 
 
 HefFren states that he made a change in the 
 districts defined by the bill, and then "Dr. 
 Bowles was unanimously elected in place of 
 McGrane." 
 
 Mr. Bingham, another witness for the Got- 
 ernment, and a member of the order, testifies 
 that "Colonel Bowles, the accused," was pres- 
 ent at the February Council. Also, that "about 
 the middle of May, Dr. Bowles, Mr. Dodd, Judge 
 Bullitt, and Barrett were at my office, » » » 
 and supposed that they were all members of the 
 order." Here we find Dr. Bowles moving about, 
 and in close communion with the leading and 
 most Tenomous and reckless of these conspir- 
 ators. The Commission will recollect another 
 fact — that this assemblage of these leading 
 conspirators here was in May, and, also, that 
 it was in May of the same year that the lead- 
 ing members of this order were experimenting 
 with this Greek fire in the basement of some 
 buUding in your city, on Sunday, while your 
 citizens were attending public worship. Un- 
 doubtedly these were the men who were super- 
 intending those experiments. 
 
 Bingham testifies that Bowles was present at 
 Chicago; that Dodd informed him that Dr. 
 Bowles was present at Chicago, where "a rev- 
 olution had been determined upon." 
 
 Stidger says that in his interview with 
 Bowles, "he told me that he was a military 
 chief of the order. * * He said that the 
 forces of Indiana would concentrate in Ken- 
 tucky, and make Kentucky their battle-ground ; 
 that the forces in Illinois would concentrate in 
 St. Louis, and co-operate with the forces in 
 Missouri; that Illinois would furnish 50,000, 
 Missouri 30,000, and Price was to invade the 
 State with 20,000 men, and with that 100,000 
 men they were to hold and permanently occupy 
 that State; and the troops of Indiana and Ohio 
 concentrate at Louisville. 
 
 "He wanted to know how many men Ken- 
 tucky could furnish, and stated that a rebel 
 force, under Buckner, would come into the 
 eastern part of the State, and with these forces 
 they intended to hold Kentucky. 
 
 "He told me that this order was made out 
 of the Knights of the Golden Circle, of which 
 he had been a member; and that he resurrected 
 this order out of it." 
 
 Stidger visited Bowles again at French Lick 
 Springs, on the 28th of May. In that inter- 
 view Bowles "repeated again his revolution- 
 ary programme in connection with Price and 
 Buckner." 
 
 This evidence of Mr. Stidger stands unim- 
 peachcd and uncontradicted; and I here ven- 
 ture to say that no witness ever came upon the 
 
 witness-stand and testified to so many distinct 
 facts, dato^, places, and persons — every word 
 being recorded as ho stated it — that has been 
 more triumphantly corroborated by all the dif- 
 ferent witnesses that have testified than Mr. 
 Stidger. While every effort has been made by 
 the defense to break in upon the strength of 
 his testimony, to find some slight variations 
 upon which to base a probability of mistake; 
 yet in every instance the subsequent proof, 
 and the investigation of the facts, have all 
 shown that Stidger was exactly right, and 
 truthful, and triumphantly illustrates the old 
 adage, "Truth is ever consistent." 
 
 Stidger goes on to say that, at this same time, 
 " He [Bowles] also told me of the change in the 
 Supreme Commander to Vallandigham, and 
 that he had been appointed a commissioner to 
 visit Vallandigham in Canada." 
 
 "Also, that Bowles stated to him, at the same 
 interview, that on Sunday, May 22, himself, 
 Dodd, and a Dutch chemist, experimented with 
 Greek fire, at Indianapolis, and that they had 
 nearly brought it to perfection, and that Bullitt 
 knew how it was made. That they intended 
 to use it for the destruction of Government 
 property; that the Jeff Davis government was 
 to pay them ten per cent, for all the property 
 destroyed, taking the estimate, as given in the 
 Northern papers, of the amount destroyed. He 
 also told me that the two boats burned at the 
 Louisville wharf, last spring, and boats belong- 
 ing to the Government, that had been destroyed 
 on the Mississippi river and elsewhere, had 
 been burned by the Greek fire." 
 
 Here again is a singular corroboration of 
 Stidger's testimony. Wilson testifies that Bar- 
 rett stated to the members of the order, at 
 Chicago, that he was expressly authorized by 
 the rebel government to pay this ten per cent, 
 for the destruction of Government property. 
 It can not be claimed that there was any col- 
 lusion between Stidger and Dr. Wilson; the 
 fact is, they have never met. 
 
 On the 28th of June, 1864, Becking exhibited 
 his conical shell, and a diagram of the spher- 
 ical shell, and explained the principle of the 
 two: Bowles was present. About the 1st of 
 June, "Bullitt and others met at Kalfus' ofBce, 
 in Louisville, and decided that Coffin should 
 be murdered." They sent, by Stidger, a mes- 
 sage to Bowles to see that it was done; it was 
 delivered, and Bowles said, "I will put two 
 men on his track." Stidger testifies that, at a 
 meeting of the State Council, held on the 14th 
 of June, 1864, at which Bowles was present, a 
 committee on military affairs was appointed; 
 and that "Milligan, Bowles, McBride, and Dr. 
 Gatling, were four of the military committee. 
 * • * They reported a bill setting forth 
 their views that the order ought to be organ- 
 ized as a military organization at once, and 
 armed." He testifies further, that the list of 
 Major Generals was called over, including 
 Bowles, as "the major-generals, by virtue of 
 their rank, were, ex officio, members of the Su- 
 preme Council." The day after the Council, 
 June 15, Bowles, Dodd, and Milligan went to 
 Hamilton, Ohio, to receive an exiled enemy of 
 his country, the Supreme Commander of the 
 Sons of Liberty, 0. L. Vallandigham. Bowlei 
 
282 
 
 TREASON TBIAL5 AT INDIANAPOLIS. 
 
 BtsLted in the Council, on the 14tli of June, as 
 Stidger testifies, that he had "a military organ- 
 ization " in his county, of 900 men, armed and 
 equipped; " and "that he had an arrangement 
 with a man to furnish any number or kind of 
 arms." At another time he stated to Stidger 
 that "they [the order] would go to Kentucky 
 and have a regular understanding with the 
 Confederates, and act in concert with them; 
 and that they had sent a man named Diokerson 
 to Richmond, to have the Confederate authori- 
 ties send an invading force to act in concert 
 with their order." 
 
 In one of the last interviews between Stidger 
 and Bowles, the question of revolution was 
 freely discussed. Stidger says: "Bowles at 
 first objected to this uprising until the rebels 
 should invade the eastern part of the State, as 
 he said they would. * * » * Bowles said 
 he would consent to the uprising on the 15th 
 or 16th of August, as Dodd had said, provided 
 Colonel Byphert, Colonel Jesse, and Walker 
 Taylor would assist in the capture of Louis- 
 ville, until the forces in this State could get 
 there." "Bowles asked me [Stidger] if I could, 
 have three or four thousand lances made; .... 
 he wanted three or four thousand men armed 
 with lances and revolvers; he said he, could ^ 
 make them of good service. , , . . He told me 
 that he had spent $2,000 .... for the benefit 
 of the order; " and that "he cared nothing 
 about the election; he was satisfied Lincoln i 
 would be elected ; he wanted the time spent in 
 perfecting the organization, and getting ready: 
 for the uprising." 
 
 Piper stated to Stidger that Bowles had 
 charge of the release of the rebel prisoners at 
 Johnson's Island, or Eock Island. This Piper 
 represented himself as having "an appoint- 
 ment on Vallandigham's staff; he said that he 
 was carrying orders, or that he had orders 
 from Mr. Vallandigham to Judge Bullitt and 
 Pr. Bowles. * * They were orders as to the 
 time set for the uprising of the order," Bowles 
 told Stidger, "we " had sent Booking to Canada, 
 "before he was admitted into the order, to see 
 if he was willing to spend his money in exper- 
 imenting for the benefit of the Order of Sons 
 of Liberty." This experimenting was to bring 
 to greater destructive perfection those shells, 
 and Booking's Greek fire. Stidger visited 
 Bowles about the 6th of August, after he had 
 obtained the programme from Dodd, and he 
 says: "1 told him the programme as Dodd 
 had given it to me; and he said that was the 
 programme agreed on at Chicago, and that 
 Dodd had no right to change it; that they 
 should have waited the action of the rebel 
 forces ; but finally, he had determined he would 
 act without the co-operation of the rebel forces, 
 if he could get the co-operation of three rebel 
 colonels." 
 
 HefFren testifies that James B. Wilson, a 
 member of the order, showed him, last sum- 
 mer, $1,000, and remarked, "There was one 
 thousand he had just got from Dr. Bowles to 
 procure arms and ammunition for our county;" 
 that Dodd and Walker had received $100,000 
 each, and "a portion of it was to go to Dr. 
 Bowles, to be spent in his part of the State in 
 purchasing arms and ammunition." These 
 
 arms were to be used for arming the order. 
 He adds, that the military objects were dis- 
 cussed by some members at a State Council, 
 in February, 1864, and that "Dr. Bowles was 
 probably there one morning when we talked 
 about it." He says Wilson told him "that 
 Bowles had made an arrangement to have 
 nine companies of infantry, one of laneers, 
 and one section of artillery, to comprise each 
 regiment in this order." Wilson also stated 
 to HefFren that "about the 16th of August, Dr, 
 Bowles had sent a man to see General Price, 
 but he had not returned. » » » » Dr. 
 Wilson said Dr. Bowles' man had gone to see 
 Price, and another to Eichmond, to arrange 
 for troops to come through Cumberland Gap, 
 and when they returned, which they expected 
 would be before the 16th of August, 1864^ this 
 uprising would take place." 
 
 The cross-examination of Heffren develops 
 the fact that Dr. Bowles was the ranking ma- 
 jor-general of the order in this State, and 
 that Dodd stated at the February meeting 
 "that Dr. Bowles was boss of the whole ma- 
 chine of the military part of the order." 
 
 James B. Wilson, to whom I have heretofore 
 referred — a man whose candid bearing, delib- 
 eration, and evident reluctance to testify, 
 must have convinced every one who heard 
 him, of the unvarnished truth of every word 
 he uttered; who overstated nothing, and only 
 stated that which he was compelled to by his 
 oath and the direct questions propounded to 
 him — testifies that he attended the Chicago 
 conclave of July 20, which Mr. Barrett, of 
 Missouri, said "was to be composed of th» 
 military men of the order." Bullitt, of Ken- 
 tucky, Barrett, of Missouri, Piper, of Illinois, 
 and Dodd and Bowles, of this State, were 
 there. Barrett made a speech, in which he 
 unfolded the programme of the revolution, 
 and asked the co-operation of the order in 
 Ohio, Indiana, Illinois, Missouri, and Ken- 
 tucky, with the South; and in the name of 
 the South, tendered $2,000,000 to arm the 
 order, and pay for the destruction of Gov- 
 ernment property. He referred to the de- 
 struction of Government property at Louis- 
 ville, St. Louis, and on the Ohio river, on 
 which the ten per cent, premium had been 
 paid. The witness adds; "I afterward learned 
 from Dr. Bowles that the means employed was 
 Greek fire." 
 
 Both Wilson and Heffren testify to a signal 
 flag to be used by the order, in ease of a rebel 
 invasion, to protect property, which was men- 
 tioned by Bowles to Dr. Wilson. 
 
 To gain admittance for Wilson and Greens 
 into the Chicago conclave, Bowles reported 
 them on his staff, 
 
 Stidger testifies that the contingency on 
 which Bowles placed the revolution, and his 
 willingness that it should take place, was the 
 oo-operation of the rebels. Communication 
 with rebels was spoken of at Chicago. 
 
 Wilson says: "I think Dr. Bowles said mes- 
 sengers y^ere sent to the rebels. * » » I 
 think they wore sent into Kentucky and Mis- 
 souri; » » I inferred it was to be with 
 Price and Buckner, because they were to be 
 co-operating forces in ease of an uprising. 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 283 
 
 * * * The forces of Southern Indiana were 
 to be rendezvoused at a, place some eight or 
 ten miles from New Albany. » » » Itwas 
 expected they would be under Dr. Bowles." 
 
 Wilson further says: "I was furnished with 
 $1,000 by Dr. Bowles for the purchase of arms 
 for those of the order who were understood to 
 be unable to purchase arms themselves. * * 
 I -nont to Mr. Kent, of New' Albany, to see 
 about the purchase of ijrms." 
 
 R. C. Becking, now in prison, and awaiting 
 his trial — the only witness introduced in be- 
 half of the accused, Wm. A. Bowles — testified, 
 when put upon the stand by the defense, that 
 Bowles "asked me if I would show him and 
 his friends some of the shells and the Greek 
 fire; I told him yes. » » « » Dr. Bowles 
 said he would see some of his friends, and see 
 if something might not be done so that I might 
 get along with the shells." The result was 
 that Bocking received $200 from Bowles, or 
 through his agency. 
 
 Gentlemen of the Commission, I have no 
 comments to make upon this testimony. I 
 leave it to yon in all its naked force. I have 
 extracted and collated the evidence in refer- 
 ence to this accused, and I present the results 
 of my examination, verbatim, as it appears 
 upon the record. I leave the evidence thus 
 presented, to answer the truly beautiful and 
 sympathetic appeal of his counsel, Mr. Ray. 
 It is with as deep sorrow and heart-felt regret 
 as the counsel himself can feel, that I submit 
 this conclusive record against this white- 
 haired old man. I look upon him and the 
 crimes he has committed, and those he has 
 contemplated against his country, against the 
 generations that are to come after him — and 
 my heart bleeds that designs so foul and un- 
 natural should ever have existed in any hu- 
 man heart. I pity him. I pity him that he 
 was so constituted, or has so corrupted the 
 spirit with which God endowed him, as to be 
 capable of such crimes. I pity him that his 
 immortal soul — that spark of omniscience — 
 should enter upon its new life in the unknown 
 spirit land, loaded with such infamy and deg- 
 radation; but while I have sympathy and pity 
 for the man, for what he must suffer in case 
 of conviction, I look about me, and over this 
 wide-spread and once beautiful and peaceful 
 land, and I sec patriots with whitened locks, 
 and millions of defenseless women and little 
 children, with outstretched hands, appealing 
 to Almighty God for protection from the trea- 
 lon that would plot, and the traitors who 
 would destroy — from the rebels who, with fire 
 and sword, wpuld bring desolation upon all 
 our fair land — from the wicked and misguided 
 men who have caused a wail of anguish and 
 bereavement to ascend from almost every 
 hearth — from those who have sent the maimed, 
 the crippled, and the suffering remnants, of 
 oiiee vigorous manhood to sit ever by your 
 iircsides, to be met ever upon your streets — and 
 from all who, from weakness or wickedness, 
 have aided and abetted this monstrous con- 
 gpiracy. I say that while I look with pity 
 upon the man, and upon bis unfortunate con- 
 dition, there is a broader sympathy and a 
 ^reader duty that would lead me to sympa- 
 
 thize with the suffering that he and such as 
 ho have caused, and that he and such as he 
 must cause, if permitted to live and move for- 
 ward in this work of treason, destruction, 
 desol9.tion and death. 
 
 LAMBDIN p. MILLIGAN. 
 
 It seems to be admitted by the counsel for 
 the accused that Mr. Milligan was a member 
 of the order, and had attended the Grand 
 Council, and, therefore, a third degree mem- 
 ber; also, that he received the appointment of 
 major-general. Upon these points there is no 
 difference of opinion. 
 
 Samuel F. Day testifies that Milligan was 
 present at the Grand Council here jn Septem- 
 ber, and states that he made some remarks to 
 their lodge after his return. This Grand 
 Council is the one at which the military bill 
 was adopted, and the major-generals elected. 
 Mr. Harrison testifies as to the appointments 
 of the major-generals at that meeting. Har* 
 risen thinks Milligan was absent from one of 
 the State Councils, and thinks it that held on 
 the 16th and 17th of February, 1864. After 
 naming delegates elected at the September 
 State Council to the Supreme Council, Har- 
 rison says: "Milligan was elected a delegate 
 to the Supreme Council. I understood Dodd 
 that Milligan was present at the Supreme 
 Council held at Chicago or Now York. * * 
 The first meeting was held in Chicago in the 
 latter part of the month of September, 1863." 
 
 Here, we see in the very opening of the evi- 
 dence that Mr. Milligan was one of the prime 
 movers, one of the main spirits in this organ- 
 ization as far back as September, 1863. At 
 that time Mr. Milligan was a prominent leader 
 of the radical peace wing of the Democratic 
 party — that part of the Democratic party so 
 frequently charged with afEliation and sym- 
 pathy with rebels and traitors. For the 
 Court to understand exactly Mr. Milligan's 
 position in the order, his sentiments in join- 
 ing it, and what would be his position to- 
 ward the Government, separate and apart 
 from the order, they must understand hig 
 position at the beginning of his connection 
 with it. 
 
 The evidence of Mr. Milligan's friends, the 
 witnesses he has introduced upon the stand, 
 have been harmonious upon this one fact, 
 that Mr. Milligan was a bitter partisan, a 
 hater of the Administration, and a leader of 
 the ultra peace wing of the Democratic party. 
 He then enters this organization, that har- 
 monizes with his own sentiments, with his pe- 
 culiar views as to State rights, State sover- 
 eignty, the usurpations of the Administration 
 and the different departments of the Govern- 
 ment, and the unconstitutionality of the war, 
 and whose members are the bitter opponents 
 of all the measures to aid in efBciently car- 
 rying forward that war. 
 
 Jn considering this evidence, gentlemen, wo 
 must look into the surroundings of the men, 
 and the circumstances of the country at that 
 time, Did Mr. Milligan, with these political 
 views, and his undoubted ability, enter this 
 order as one likely to hold back from any of 
 the purposes enunciated in the ritual or the 
 
284 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 obligation, or from any of the schemes advo- 
 cated by any of the leaders of the order, as 
 shown by the proof? Were not all these sen- 
 timents of the order exactly in consonance 
 with the opinions and principles entertained 
 by Mr. Milligan himself? Indeed, the princi- 
 ples of the order are so much like him, that 
 to him might almost be credited theirpaternity. 
 With the views which he originally held, and 
 the principles of the order, to which he as- 
 sented, and which, with his intelligence, he 
 could not have failed to understand, with his 
 nerve and daring, is he not exactly the man 
 to have undertaken to put into practical oper- 
 ation the theories which he and they held? 
 
 The only question now, in considering the 
 evidence, is to find the degree of guilt of the 
 accused. That they are all guilty is estab- 
 lished the moment you prove that they are 
 members of the order; that they have assented 
 to the principles and taken the obligation of 
 the order. The plea of ignorance, of want of 
 knowledge, and want of assent on the part of 
 the counsel for Mr. Milligan, will not suffice 
 in the case of a man of Mr. Milligan's nerve, 
 energy, and intelligence. It is asking this 
 Court to believe an unreasonable thing, to ask 
 them to believe that this man would enter into 
 any organization, ascend to its highest de- 
 grees, and be endowed with its highest honors, 
 without studying thoroughly the cardinal 
 principles upon which it was based. An igno- 
 rant man might; an intelligent man never 
 would. 
 
 Let us briefly glance at the testimony to see 
 what are the facts in regard to Mr. Milligan's 
 co-operation with the lead-ers of the order, in 
 carrying into execution its purposes. It has 
 been denied that Mr. Milligan ever accepted 
 the position of a major-general in this order, 
 or that there was any proof to show that he 
 had any knowledge that such an appointment 
 had been made. On the cross-examination of 
 Harrison, his attention was particularly called 
 to the presence of Mr. Milligan, at the Septem- 
 ber meeting, during that part of the session 
 when the military bill was discussed, and he 
 answers, "I can not say positively whether he 
 was." 
 
 Elliot Robertson, of Randolph county, testi- 
 fies that Nathan Brown was a delegate from 
 their lodge to Indianapolis, in September, 
 1863; on his return he "spoke of the State 
 being divided into four military districts, and 
 that a man by the name of Milligan com- 
 manded our district." Mr. Harrison testifies 
 that at tiie State Council, of November, 1863, 
 Mr. Milligan was present. At this meeting, 
 Mr. Harrison testifies, nothing was said abaut 
 the object of the military organization, "ex- 
 cept that it was necessary to organize in a 
 military capacity to protect the rights of the 
 members against the encroachments of the 
 Administration." Toward the close of the 
 November Council, Dr. Wilson testifies that 
 Dodd said "that he 'would kick down the 
 walls of common decency,' or some such words, 
 'and talk treason for awhile.' " I would call 
 the attention of the Court to the fact that 
 supposing Mr. Milligan had been elected a 
 major-general of the order, in September, as 
 
 testified to by different witnesses, and not 
 contradicted by any, whether he could have 
 come up to the November Council, and taken 
 part in that meeting, where all the interests 
 and purposes of the order were discussed, 
 without being notified of such appointment. 
 Is it reasonable, or rational, to believe that 
 he could? He .was elected by the delegates 
 from the district represented; his election 
 must have been known to all those delegates, 
 and would not some one of them have apprised 
 Mr. Milligan of his appointment? He held 
 one of the four highest offices of the order 
 in this State. Mr. Bingham also testifies that 
 Mr. Milligan was present at this November 
 Council. 
 
 Thus it is established beyond question, that 
 Milligan was present at this meeting; it is 
 not denied by the defense. I now desire to 
 call the attention of the Court particularly to 
 what treason it was, as sworn to by Wilson, 
 that Dodd talked at this meeting, at which 
 Milligan was present. Wilson says; "He 
 [Dodd] stated if the purposes of this order 
 could not be carried out, as explained by Mr. 
 Wright, there were other plans that could be 
 resorted to. They could very easily, if their 
 organization was completed, take possession 
 of the railroads, cut the telegraph wires, end 
 throw in, at one time, troops enough at the 
 capital to take the State Government, and 
 have things their own way." Here was the 
 scheme for the uprising, the insurrection, laid 
 down to the members of this order, as early 
 as November, 1863 — the same scheme, substan- 
 tially, that was agreed upon in Chicago, to be 
 carried out on the 16th of August, 1864. If 
 Milligan was present at this November meet^ 
 ing, of which there is no doubt, then he did 
 know that these were the ultimate treasonable 
 purposes of the order. The plea of want of 
 knowledge will not avail; it is contrary to 
 reason, and directly contradicted by the evi- 
 dence. 
 
 The testimony of Samuel F. Winters, a wit- 
 ness for the accused, is that Mr. Milligan was 
 not present at the State Council of February 
 16 and 17, 1864, as he brought down, for Mr. 
 Milligan, a packet of resolutions, which were 
 afterward adopted as part of the platform of 
 the order. Mr. Harrison testifies, that at this 
 meeting the annual election of officers took 
 place, and that Mr. Milligan was elected a 
 major-general of the order in his district. 
 Some weeks after, when the new ritual was 
 printed, Harrison, as Grand Secretary, sent to 
 each branch temple notice of the change, and 
 copies of the proceedings of the State Council, 
 and says that the package for Huntington 
 county he directed to Mr. Milligan. 
 
 Mr. Milligan was present at the Council of 
 June 14, as Harrison, Stidger, and Ibach tes- 
 tify; and if Mr. Ibach, who is relied upon 
 fully by the counsel in his argument for Mr. 
 Milligan, is correct, in testifying that Mr, 
 Milligan was not present as a delegate from 
 Huntington temple, he must have been there 
 by virtue of his military position; and this 
 idea would seem to be favored by Section 3 of 
 Article 2 of the Constitution of the Grand 
 Coimcil, which says: "The members of the 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 285 
 
 Grand Commander's stajEF, and all military 
 officers abOTe the rank of colonel, shall be ex 
 officio members of this Grand Council, and 
 entitled to the sign and to participation in its 
 deliberations." Thus, gentlemen, by your own 
 witnesses, you have Mr. Milligan present at 
 this council by virtue of being major-general 
 of this order; he is here exercising the func- 
 tions of his office. 
 
 Mr. Harrison, the Grand Secretary of the 
 order, says: "No person, to my knowledge, 
 ever entered the Grand Council, who was not 
 a member." Stidger testifies that Milligan 
 was present when Bowles reported that "he 
 had 900 men in'ftis county, organized, armed, 
 and equipped; " also, that, "in the afternoon, 
 the list of major-generals was called; " "1 do 
 not remember that he [Milligan] made any 
 particular response." * » • "The list of 
 major-generals was called in this way, they 
 being ex officio delegates to the Supreme Coun- 
 cil. Milligan made no objection to going that 
 I heard." Also, that on the 15th, in pursuance 
 of a resolution of Council, Milligan went to 
 Hamilton, with Bowles and Dodd, to welcome 
 Vallandigham. Here were the three high dig- 
 nitaries of the order going over to Hamilton, 
 to welcome, in the name of the traitors of In- 
 diana, this returning exile. Can it be claimed, 
 with any show of reason, that Dodd went there 
 as Grand Commander, ISowles as Major Gen- 
 eral, and Milligan only as a private member 
 of the order? Is it not more reasonable to 
 luppose that that Council sent three of the 
 most prominent, influential men, and the 
 highest officers of the order? 
 
 Among the leading men of the order sum- 
 moned by Dodd to attend a consultation on 
 Tuesday, August 2d, in relation to the revolu- 
 tion, Mr. Harrison testifies that Mr. Milligan 
 was included. He says : "Mr. Dodd informed 
 me that he intended sending for Mr. Milligan, 
 for Dr. Bowles, Mr. Humphreys, and Dr. Yea- 
 kle. * * I went to Mr. Milligan." 
 
 "Q. Did you see him? 
 
 "A. I did. 
 
 "Q. Did you tell him your message? 
 
 "A. I did. 
 
 "Q. What did he say? 
 
 "A. He said he did not know whether he 
 could be present, but would try to be." 
 
 Here was the Grand Commander summon- 
 ing his military chieftains about him, to have 
 a council of war, to when and how they should 
 put their forces into the field. The object of 
 this meeting or council of war, as stated by 
 Dodd to Stidger, was to set the time, the exact 
 day, on which the revolution should take 
 place, in this State. 'Stidger states that Dodd 
 showed and read to him, about the 2d of Aug- 
 ust, letters from two or three gentlemen; that 
 Dodd's "idea was to go ahead on the 15th or 
 16th of August, and these letters from these 
 men agreed with him. * * He had sent 
 them word, and they did not come." 
 
 It becomes a matter of inquiry here, who 
 these letters were probably from. They wore 
 certainly from persons to whom Dodd had im- 
 parted his scheme. The evidence justifies 
 this conclusion. Now, who in this State did 
 he probably impart that scheme to, either by 
 
 letter or in person? Certainly not to more 
 than those whom he summoned to consult with 
 him. Those persons ho summoned for consul- 
 tation, wore all Major Generals in the order, 
 or had hold that position. Those who did not 
 come, knowing the importance of this meet- 
 ing, as thoy must have known of Dodd and 
 Bowles' trip to Chicago and the plan agreed 
 on there, undoubtedly wrote to Dodd, either 
 assenting to or dissenting from his going for- 
 ward with his scheme of revolution. Then 
 the conclusion is inevitable, that Milligan, af- 
 ter he was sent to as one of those parties for 
 consultation, must hav« either come in per- 
 son, or have written to Dodd. If he wrote to 
 Dodd, then no doubt be indorsed his scheme; 
 for it is proven that these letters from those 
 who did not come, agreed with him in his pro- 
 posed uprising on the 16th. 
 
 It is not to be pi-esumed by this Court, that 
 Dodd, with all the hair-brained fanaticism 
 that is claimed against him now, by his then 
 co-workers, fast friends and associates, would 
 have dreamed of going ahead with this revo- 
 lution without the assent of his military 
 chieftains. The prominent members of the 
 order knew who were Major Generals, who 
 were to command them; and if those Major 
 Generals held back, here was mutiny and in- 
 surrection in their own camp, that would 
 have defeated the whole scheme of revolution. 
 Had Milligan made any such attempt at hold- 
 ing back, or refused to co-operate with Dodd 
 in this scheme, it could easily have been 
 shown. If it had been made, either by letter 
 or orally, he could have proven it before this 
 Court. 'The burden of proof is upon him to 
 show that fact, and if he does not show it — 
 and he has failed to do so — it is to be pre- 
 sumed against him, by this Court, that he 
 acted in concert with Dodd, and assented to 
 all his revolutionary schemes. 
 
 Now let us see whether Mr. Milligan's ac- 
 tion subsequent to this occasion, was consist- 
 ent with his knowledge of Dodd's plans and 
 schemes. On the 13th of August, before the 
 action of the State Central Committee had 
 reached Mr. Milligan, he addressed a conven- 
 tion of 5,000 men at Fort Wayne. In that 
 speech, as a witness for the Government, W. 
 S. Bush testifies, he .made the following state- 
 ments: 
 
 "He referred to the country as desolated by 
 the war and the oppressions of the Administra- 
 tion. He spoke of the freedom of speech al- 
 lowed, as simply that granted by a Lincoln 
 mob — as a freedom in name rather than in fact." 
 (Page 575.) "He stated that if the war was right 
 the draft was right, and if they considered 
 the war right, and were good citizens, they 
 would not grumble about the draft." "He de- 
 nied that the war was right, and- proceeded to 
 argue that, under the Constitution, the Presi- 
 dent had no power to coerce a State; and 
 asked if those who entered the army, would 
 look in the future, for their laurels, to such 
 battles as Bull Eun, Chicamauga and Red 
 river. He also appealed to them to consider 
 the condition of tlioir wives and children at 
 home, destitute, and dependent on the charity 
 of their neighbors, if they entered the army; 
 
286 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 Snd asked whether they considered it a duty 
 to make such a sacrifice?" (Page 576.) 
 
 "He spoke of him (the President) as a ty- 
 rant." (Page 571.) " He held' that the war 
 itself was disunion, and that the Union itself 
 could not be restored by war." (Page 577.) 
 That the war "had made the Government a 
 despotism. 
 
 "He treated the war itself as a dissolution 
 of the Government. 
 
 "He spoke of the Government as a confed- 
 eration of the several States rather than a 
 unity." 
 
 I asked the witness what Mr. Milligan sta- 
 ted " as to the right of the Government of the 
 United States to make War upon rebels, or 
 those in rebellion against the General- Govern- 
 ment?" 
 
 He answered: "He denied that right." 
 
 Here we have from Mr. Milligan's own lips, 
 a reiteration, to a public assemblage, of the 
 cardinal principles of the order itself. Here 
 TVe have him trying to educate the masses of 
 the Democratic party up to the disloyal stand- 
 ard of this order. Here we have him advoca- 
 ting and indorsing the principles avowed by 
 the rebels in ilrms against the Government. 
 The very principles for which they are fight- 
 ing to-day, he maintained in public speech 
 before our people. The only difference be- 
 tween Mr. Milligan and the most bitter rebel 
 of them all, was that one was using his arms 
 to enforce his principles, the other by his 
 voice and pen attempted to sustain their ar- 
 mies in that cause, weakening the cause of 
 the Government, and adding numbers to the 
 rebel ranks. What could he do more? What 
 would tend more effectually to stir up to in- 
 surrection a brave people, than to teach them 
 that their Government was waging an unjust 
 war, an unconstitutional war; that it was 
 forcing them to fight its battles of tyranny 
 and oppression, against a people who were 
 fighting simply for their just rights, for the 
 right of a State to secede in its sovereign ca- 
 pacity; that this Government was forcing 
 them into her armies by legions, and slaugh- 
 tering them by thousands, and then citing 
 them to the battle-fields where that Govern- 
 ment had been defeated r I ask what more ef- 
 fective mode could have been chosen to give 
 aid and sympathy to the enemy, to weaken the 
 cause of the Government, to stir up the hearts 
 of the people to oppositiou to this tyraany, 
 oppression and outrage, that he had pictured 
 had been pei'petrated upon them by their Gov- 
 ernment? 
 
 I say, then, this speech was in entire keep- 
 ing -jvith the fact that Mr. Milligan must have 
 known of the intentions and plan of Dodd 
 for revolution. He was aiding that scheme as 
 cfFectually as he possibly could. He was sow- 
 ing the seeds of bitterness in the hearts of the 
 masses, the harvest of which was to be the 
 garnering of the dead bodies of the peaceful 
 citizens, defenseless women and little chil- 
 dren of your land. 
 
 We have heard much argumentation, much 
 special pleading, and many elegant periods, 
 from the counsel for the accused, based upon 
 the action of Mr. Bingham and Mr. Kei-r in 
 
 stopping this revolution of their own will be- 
 fore it had culminated. We have some little 
 light upon this question as evidence that is 
 recorded matter made at the time. This is 
 better evidence than the recollection or the 
 oral explanation of these facts by any witness. 
 It is a letter of Mr. Kerr's, directed to Mr. 
 Bingham, and dated August 8, 1864. In tha;t 
 he says: "I am not content with the result of 
 our conference on Friday. It is not decisive 
 enough." Here was a member of that confer- 
 ence, the man who brought about that meet- 
 ing, and took more interest in it than any other 
 member, was as honest as any' one of them,- 
 and yet he states that the meeting was not de- 
 cisive. He goes on, and says further: "it is 
 enveloped in too much uncertainty." If this 
 whole scheme of revolution had been abaii- ■ 
 d'oned by Dodd, and they had all resolved that 
 nothing' more waste be done in the matter,, 
 as the gentlemen argue and claim, why and' 
 wherefore was it enveloped in uncertainty? 
 .Further on lie says: "There was apparent, on 
 the part of certain bad and reckless men, too 
 deep a determination to persist in their un- 
 lawful and revolutionary purposes." Here ii 
 a letter written soon after this meeting, by 
 Mr. Kerr, an honest and upright man, as iir 
 admitted by all, to another member of that 
 meeting; ito which he not only denies that the 
 scheme had been abandoned and stopped, but 
 afErmatively says, that there has been appa- 
 rent, on the part of certain bad and reckless 
 men, too deep a determination to persist in 
 their unlawful and revolutionary purposes. 
 Gentlemen, how do you explain this record 
 made at the time ? 
 
 Then he goes on with this statement: "That 
 they should have been required to come to a 
 more definite and satisfactory abandonment 
 of all such purposes." They should have 
 done what they did not do, Mr. Kerr says. 
 The testimony of Mr. Binghafli, the testimony - 
 of all the witnesses upon this case, must be ex- 
 plained with this light of Mr. Kerr's letter 
 thrown upon it. Listen a little further' to Mr. 
 Kerr: "Ought we not to take further ac- 
 tion before the early day to which we ad- 
 journed? * » » It mmt not be." What 
 was this that must not be? let the Court 
 think for a moment, and answer the question. 
 He adds: "It must be circumvented, and that 
 speedily, andby us." What was this thatmust be 
 circumvented speedily, andby us? Here is this 
 letter dated the 8th of August, after this meet- 
 ing had taken place, at which this witness un- 
 dertook to say this whole scheme was stopped; 
 urging Bingham to his' utmost vigor to unite 
 with him and all good men, in Stopping what 
 these gentlemen olaiim was stopped on the 4th 
 of August, by Mr. Kerr. This is a singular 
 position for Mr. Kerr, that he was appealing 
 by the strongest exhortations. Which vvords 
 could utter, to the brother members of his 
 party, and to his old friend, Mr. Bingham, to 
 join him, and to assist by every means in their 
 power to circumvent these bad men, and to 
 stop this scheme — making these appeals on the 
 8th to stop, as I before remarked, what he, 
 Mr. Kerr, had stopped on the 4th I Is this 
 true? 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 287 
 
 The entire proof made dxiring this trial goes 
 to show that the scheme of revolution never 
 was entirely abandoned. On or about the 
 12tli of August, at the idontioal meeting re- 
 ferred to by Kerr in his letter as necessary to 
 be held, some of the leading loyal Democrats 
 of the State did get promises from Dodd and 
 Walker to abandon their scheme. But that 
 abandonment was simply of the time set for 
 the insurrection ; and those men moved for- 
 ward just as earnestly and vigorously in 
 their organization and purposes, afterward as 
 before. The iirst lot of Dodd's arms, which 
 Walker had purchased, ten boxes, were 
 brought here and concealed, ready for use, 
 about the 6th of August, two days after this 
 first meeting, when this whole revolution was 
 abandoned, as the defense claims. The next 
 lot came on the 20th of August, two weeks af- 
 terward; and yet wo are told this whole 
 scheme was abandoned, and nothing was done 
 in pursuance of it. Gentlemen, the proof is 
 against yon. 
 
 This conspiracy and revolution failed, sim- 
 ply because the hand of the Government was 
 at its throat, and the strong military arm of 
 the Government had fallen upon it; its mailed 
 hand had grappled it, and its giant-like grip 
 was all the more determined in that its dragon- 
 like foe was both subtle and strong. 
 
 To rebut the testimony of Mr. Bush in ref- 
 erence to this speech of Jlr. Milligan at Fort 
 Wayne, the accused put upon the stand Mr. 
 Winters, the editor of tlie Huntington Vemo- 
 crat, who started out with the assertion, in re- 
 ply to a question of the accused: "I don't 
 know what you mean by the word loyal." It 
 did seem to me that this was the only unqnal- 
 ified, truthful utterance that the witness gave 
 during his whole testimony. He admitted 
 that in Mr. Milligan's speech, at Fort Wayne, 
 he "denied the power to coerce States, but 
 admitted the power to coerce individual citi- 
 lens." In his cross-examination he states that 
 Mr. Milligan "has always m.iintained that a 
 war against sovereign States was an absurd- 
 ity. » s- I have heard him say that the 
 war was unconstitutional, and he was against 
 it;'' that he was opposed to the prosecution of 
 the present war; and that "he said at the Fort 
 Wayne meeting that the existing war was an 
 dbsurdity." 
 
 This witness subscribed fully to the obliga- 
 tion of the first degree of the Order of Amer- 
 ican Knights. I read to him various extracts 
 from Mr. Bush's report of that speech, as pub- 
 lished in the Cincinnati Oazette, of August 
 16th, and asked if they were correct. One of 
 the extracts was as follows: 
 
 "They (the States) were thirteen nations, 
 and finally formed a Constitution, adopted 
 separately by the several States, Virginia re- 
 serving to herself the right at any time to 
 withdraw from the Union. And what Vir- 
 ginia has reserved, all the States had a right 
 to reserve. Their action was based entirely 
 on State rights. The Declaration of Indepen- 
 dence states who is to be the judge when the 
 Government shall be subverted. It guaran- 
 tees to the people the right of revolution when 
 they can no longer tolerate the invaBion of 
 
 their rights. I do not mean that Governor 
 Morton, or the Legislature, or any machinery 
 of office, getting its authority from the people 
 through elections, is the State. But I moan 
 (hat the free range of all its people is the 
 State. The officers are the mere servants of 
 the people, the mere agents of the Govern- 
 ment. Whei-e does sovereignty rest ? It is 
 time to settle this question. If you are wrong 
 in your theories, you should change your prin- 
 ciples. I know no sovereignty in the Federal 
 Government, or in the State Government, as 
 oontra-diBtinguished from the people of the 
 State. I believe in the doctrine of popular 
 sovereignty, instead of sovereignty in the ma- 
 chinery of the Government." 
 
 I then asked the witness, is that a correct 
 statement of what Mr. Milligan said on that 
 point. Mr. Winters answered, "I don't recol- 
 lect whether those are the exact words: I 
 think that is the substance of what he said 
 on that subject." I read other paragraphs to 
 him, and the whole eifect of his testimony was 
 to corroborate Mr. Bush's statement, and to 
 certify to the correctness of his report. He 
 says in answer to one question : "The deduc- 
 tion made from his speech," referring to Mr. 
 Milligan's speech at Fort Wayne, "was that 
 the war was unconstitutional." 
 
 Mr. Bird, one of Mr. Milligan's witnesses, 
 and a Soi) of Liberty, in his cross-examina- 
 tion, admitted that Mr. Milligan in that speech 
 said the war was wrong. Bird's testimony as 
 to that meeting, and what was said there by 
 Mr. Milligan, entirely corroborates the testi- 
 mony of Mr. Bush. At the time of this speech 
 of Mr. Milligan's at Fort Wayne, the order 
 was still in existence, as is proven by Mr. 
 Harrison, who performed his official duties as 
 Grand Secretary, up to August 20th, 1864, the 
 day Mr. Dodd was still receiving arms for dis- 
 tribution to the members of this order, and 
 the day of Mr. Harrison's arrest. So that 
 this order was in full and vigorous operation 
 up to the day when the Government laid her 
 hands upon it. In .fact, it was in full opera- 
 tion up to tlie ses.sion of the Chicago Conven- 
 tion, as proved by Mr. Wilson; up to the time 
 of Dodd's arrest, September 3d, and the ar- 
 rest of Bowles, September 18th, as testified by 
 Mr. Heflfren. Heifren says: "About the time of 
 Dodd's arrest, I wrote a letter to each of the 
 major-generals of the order. » » ai Dr. 
 
 Wilson had come to me and said that 
 
 as I was Deputy Grand Commander, and Dodd 
 was arrested, I must write to Mr. Vallandig- 
 ham and each of the major-generals. I did 
 not want to do so, but he insisted, and I wrote 
 to Mr. Humphreys, Mr. Milligan, .Jolin C. 
 Walker and Mr. Vallandigham. I wrote to 
 Dr. Bowles, but as I understood he was ar- 
 rested for harboring deserters, I did not send 
 the letter." 
 
 "Q. How did you write to Vallandigham? 
 
 "A. As Supreme Commander of the Su- 
 preme Council of the United States. The sub- 
 stance of the letter was, should we submit or 
 fight? 
 
 "Q. Whom did you mean by 'we?' 
 
 "A. I meant the members of the Order of 
 American Knights." 
 
288 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 This action on the part of Wilson, and 
 HeiFren, the Deputy Grand Commander of the 
 order, was eometime after the 3d of Septem- 
 ber, and shows that the order was in full force 
 at that date. 
 
 " Q. Did these gentlemen write back? 
 
 " A. None but Mr. Milligan and Mr. Hum- 
 phreys. Mr. Milligan's letter was signed by 
 some gentleman as his student, as he was 
 sick, and stated that it would not do at the 
 present time, but that we must bide our time." 
 This letter, written by Mr. Milligan's Author- 
 ity — for of course no one would open a letter 
 written to Mr. Milligan, but himself, and 
 whoever answered it must hare done so by 
 his instructions — ^shows that it was not in- 
 surrection itself that he was opposed to, but 
 that the time was not propitious. Mr. Milli- 
 gan was a prominent member of the order, and 
 one of its leaders. The question of his nomina- 
 tion for Governor had been discussed in the Feb- 
 ruary Council, as shown by Mr. Heffren's testi- 
 mony ; it is also shown in the letter of Mr. 
 Milligan to H. H. Dodd, dated May 9th, 1864, 
 in which he declines the nomination of Gov- 
 ernor at the hands of McDonald's friends, "be- 
 cause," he says, "I could not represent them ; 
 there is no similarity between us. And all 
 this is not so discouraging as the fact that 
 men of the stamp of Judge Hanna, whose 
 profession of principles I could represent, 
 prefer McDonald on account of his supposed 
 availability. It detracts much from my confi- 
 dence in our ultimate success, when men of so 
 much seeming patriotism, are willing for 
 mere temporary purposes to abandon the 
 great principles of civil liberty. What will 
 those of less pretensions do, when the real 
 contest comes; when life and property all de- 
 pend on the issue; when bullets instead of 
 ballots are oast, and when the halter is a pre- 
 amble to our platform ? For, unless Federal 
 encroachments are arrested in the States by 
 the efforts, as well of the Legislative as the 
 Executive, then will our lives and fortunes fol- 
 low where our honors will have gone before." 
 It is an easy matter to get at the motives that 
 actuated Mr. Milligan in his connection with 
 this order, from this piece of record which he 
 has left behind him. The lame manner in 
 which his counsel has undertaken to explain 
 this letter, is simply amusing. 
 
 When we recollect that the contest to which 
 Mr. Milligan constantly looked forward, was 
 the contest between the disaffected few of these 
 free States — that class of people whom he 
 represented, malcontents, who believe th^ 
 the Government is usurping powers, and 
 must be expelled by force — and the Govern- 
 ment. Entertaining these principles, he says 
 in his letter, "when the real contest comes ; 
 when life and property all depend upon the 
 issue; when bullets instead of ballots are 
 cast, and when the halter is a preamble to our 
 platform." For an explanation of what he 
 means by this, he continues: "For unless 
 Federal encroachments" — this was the power 
 with which the contest was to be waged — "are 
 resisted in the States, by the efforts as well of 
 the Legislative as of the Executive, then will 
 our lives and fortunes follow where our honors 
 
 will have gone before.'' The real meaning 
 and intent of this letter, and the purpose of 
 this man in writing it, was this : every effort 
 was being made by his party to get the ma- 
 chinery of the State Government into their 
 own hands, to obtain control of the Legisla- 
 ture, and to have one of themselves elected 
 Governor; then, with their theories of Gov- 
 ernment, of State sovereignty, and of State 
 rights, they could plant the State of Indiana 
 against the Federal Government, and make 
 Indiana a second South Carolina, to lead the 
 van in establishing a North-western Confed- 
 eracy! It was but again laying down an 
 abominable plot of rebellion to be consum- 
 mated in these Northern States, as it has been 
 in the Southern; to blacken and desolate this 
 beautiful land of ours, as it has blackened 
 theirs; to send ap from every hearth the wail 
 of desolation and death that must follow in 
 the wake of this phantom of secession ! 
 
 To prove his loyalty, Mr. Milligan intro- 
 duced a number of witnesses, most of whom 
 were fellow-members of the conspiracy. Some 
 of them, by their own showing, were disloyal. 
 John Roach, one of his witnesses, in speaking 
 of Mr. Milligan, said: "I heard him make 
 some remarks, in which he held that some of 
 the officers of the Government were exceeding 
 the authority of law; he complained that they 
 were not acting according to law;" in other 
 words, he was repeating the principles of the 
 Order of Sons of Liberty. Another witness, 
 that Mr. Milligan put upon the stand to 
 support his character for loyalty, etc., M. B. 
 Brant, testified as follows: "Republicans re- 
 garded him as connected with a secret organ- 
 ization that is in favor of further secession 
 among the States — a North-western Confeder- 
 acy." The witness gives one reason why they 
 regarded him as disloyal, in these words: 
 "Mr. Milligan made speeches a year ago last 
 fall, and some persons in the Republican 
 party began to regard him as a man who was 
 opposed to the Government, and was willing 
 and anxious that there should be a North- 
 western Confederacy, and that he was in favor 
 of it." 
 
 Thus we see that Mr. Milligan's treason had 
 not confined itself solely to his expressions 
 and actions in connection with the order, but 
 that he was at his work of educating the masses 
 of the Democratic party, and the people of the 
 land, up to his disloyal standard. 
 
 Witnesses were also introduced by Mr. Mil- 
 ligan to impeach the^reputation for truth and 
 veracity of Dr. Zumro, a witness for the Gov- 
 ernment. The doubtful loyalty of these men, 
 who themselves indorsed the good character 
 of Mr. Zumro, when they joined the order 
 with him, and the strength of the rebutting 
 testimony of the witnesses In favor of the 
 character of Dr. Zumro for truth and veracity: 
 not only of those of his own political faith, but 
 those opposed to him, and of members of the 
 order, substantiate his truthfulness, and leave 
 his testimony entitled to full credit. Dr. Zumre 
 testifies that he was appointed one of a com- 
 mittee from the temple of the order in hia 
 township, to visit Mr. Milligan, in Hunting- 
 ton, and learn what the order proposed to do 
 
TREASON TRIALS AT mDIANAPOLIS. 
 
 289 
 
 about resisting the draft. He says: "lasted 
 Mr. Milligan his opinion as to whether we had 
 better resist or not; he said it was as good a 
 time now as any to resist." "He concluded 
 that we should form in companies or squads, 
 just as we could; that ten men were sufficient 
 to start with." 
 
 This is the evidence, substantially, in refer- 
 ence to Mr. Milligan, for and against him. It 
 all shows that he was really the right arm of 
 this conspiracy in this State; the active, ener- 
 getic, and venomous leader. A man of un- 
 questioned ability and determination, and 
 with a heart full of hatred, envy, and malice, 
 he moved forward in this scheme of revolution 
 with a coolness and intensity of purpose, not 
 exceeded by any other member of the con- 
 spiracy. His intelligence and ability gave 
 him a powerful influence for evil, and he used 
 that power to the utmost. I can offer no bet- 
 ter comment on the testimony bearing on the 
 case of Mr. Milligan, than by quoting the 
 eloquent words of my friend, Mr. Ray. He 
 says: "It is another and a wicked thing to go 
 bawling about the country, and in flaming 
 speech, and mock patriotism, arraigning the 
 authorities as usurpers, tyrants and despots; 
 poisoning the public heart against those in 
 authority — clamoring for peace in the face of 
 embattled armies — fanning the embers of dis- 
 cord and revolt — kindling, by incendiary ap- 
 peals, the fires of insurrection and revolution, 
 and finally identifying himself with the cause 
 of rebels and traitors, and lending himself in 
 thought and deed, by night and by day, in 
 secret and in public, giving aid and comfort 
 to the public enemy against his own Govern- 
 ment — this is conspiracy and treason — it has all 
 the disloyal lineaments of treasonable deform- 
 ity, and neither eloquence nor art, nor paint- 
 ing, nor poetry, can change it — its office is 
 discord, war, and misery." 
 
 The counsel must have had Mr. Milligan in 
 his mind's eye when penning that eloquent 
 description of a conspirator and a traitor. 
 
 ANDREW HCMPHRETS. 
 
 We come now to the consideration of the 
 evidence in its bearing upon the accused, 
 Andrew Humphreys. It has been conclusively 
 shown that Mr. Humphreys belonged to this 
 conspiracy: that he was, at least, a third de- 
 gree member, and attended, beyond question, 
 the State Council of the 14th of June last, in 
 the evening. There is no evidence introduced 
 inconsistent with this, and all the evidence 
 introd-Bced by the defense corroborates the 
 Government witnesses, in stating that he was 
 here in the evening of the 14th of June. If 
 the order in his township had been abandoned 
 and the papers destroyed in February or March 
 previously, as Mr. Humphreys has attempted to 
 show, then he must have attended this Grand 
 Council in June, by virtue of his military 
 rank. If the order in his township had been 
 abandoned, he did not come up as a delegate 
 from that temple. This circumstance goes 
 strongly to support the theory that he did 
 accept and hold the position nominally of a 
 major-general in this order. The evidence 
 against Mr. Humphreys, we will briefly review. 
 .19 
 
 When Mr. Humphreys became a member of 
 the order, is not definitely proven. A branch 
 temple was organized in Linton, in September, 
 1863, as W. G. Moss, a witness for the accused, 
 testifies. Mr. Moss and Mr. Heffren, who tes- 
 tify that Mr. Humphreys told them that he 
 had abandoned the order, both establish his 
 membership up to at least February 16th, 1864. 
 His membership, on the 10th of September, is 
 proven by the witness, William M. Harrison, 
 who testifies that the State Council of Septem- 
 ber 10th, 1868, elected "Andrew Humphreys a 
 major-general under that (the military) bill." 
 Subsequently the witness says: "My under- 
 standing of the matter was that appointments 
 were made among members of the order only." 
 He also names the delegates to the Council in 
 Chicago, in September, 1863, and says: "At 
 the meeting in September, John G. Davis and 
 D. R. Eckels were elected delegates to the 
 Council in Chicago, in September, 1863; and, 
 I think, Humphreys also." He adds: "I un- 
 derstood also that Humphreys was present at 
 that meeting, and Yeakle and Dr. Bowles. I 
 got this information from Dodd." Mr. Hum- 
 plireys was re-elected a major-general at the 
 February Council, while Major Conklin and 
 Dr. Yeakle were superseded in their districts 
 by Dr. Bowles and John C. Walker. He was 
 recognized by the officers of the State Council 
 as retaining his membership, a package of the 
 proceedings of the February Council being 
 addressed to him for the benefit of the order 
 in Green county, some weeks after the session 
 of that Council. The testimony of Stidger 
 and of Harrison is positive as to the presence 
 of Humphreys at the Council of June 14th. 
 Harrison states that Mr. Humphreys was pres- 
 ent. In the cross-examination he says: "He 
 came into the meeting in the evening. I saw 
 him in the room, not to exceed one-half or three- 
 quarters of an hour, at that meeting. * * 
 I saw him at the meeting before it adjourned." 
 When asked whether he knew that Mr. Hum- 
 phreys was a member of the order at all, he 
 answered, "I know it simply from the fact 
 that I saw him at this meeting on the 14th of 
 June. » » I recollect of no person coming 
 in who was ni»t a delegate, and had not become 
 a member * * No person, to my knowl- 
 edge, entered the Grand Council who was not 
 a member." 
 
 Stidger testifies that Mr. Humphreys was 
 present; that "Mr. Dodd told me it was An- 
 drew Humphreys; that Mr. Dodd called over 
 the list of major-generals, on which was the 
 name of Andrew Humphreys, at that session." 
 
 To rebut this testimony, Mr. Moss testifies 
 that Mr. Humphreys could not have been 
 present. He states that he carefully examined 
 the account-books to determine that point. 
 When asked, on cross-examination, whether 
 Humphreys came to Indianapolis about that 
 time, he answered: "1 am not certain of it. 
 But I think he might have been here." I 
 again asked, "Was he not here in the evening?" 
 He answered: "I can not say; I have tried to 
 find that out by looking at our books." 
 
 In the re-examination, the witness strength- 
 ens the evidence for the Government. He 
 says: 
 
290 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 "The last entry in Humphreys' handwritr 
 ing, was on the 13th of June, about the last 
 charge entered on the book that day." 
 
 "Q. At what time would a man probably 
 arrive here, who left Linton ^fter the time 
 when the last entry must haye been made by 
 Humphreys? 
 
 "A. It would probably liave been 6 or 7 
 o'clock in the evening * » of June 14th." 
 
 His membership in the order, just before 
 the time of the June Council, is confirmed by 
 another portion of Stidger's testimony, in 
 reference to an interview with Bowles, on the 
 28th of May: 
 
 Bowles told me "to say to him [Bullitt] that 
 he had seen Mr. Andrew Humphreys since 
 their meeting at Indianapolis, and Mr. Hum- 
 phreys had agreed to take the position of a 
 Brigadier, and take charge of the forces in 
 the rear in case of an uprising of the order." 
 
 Stidger took that message to Bullitt, and he 
 replied, "It suited him exactly that Hum- 
 phreys was willing to take that position." 
 
 On the 2d of August, when the heads of the 
 order were summoned here by Dodd, to settle 
 the time for the revolution, Mr. Humphreys 
 •was sent for. Harrison testifies that "Mr. 
 Dodd informed me that he intended sending 
 for Mr. Milligan, for Dr. Bowles, Mr. Hum- 
 phreys, and Dr. Yeakle." He was still in the 
 confidence of the leading and active men in 
 the order, in September, 1864, the Deputy 
 Grand Commander, Horace Heffren, address- 
 ing an ofiicial letter to him, at that time, as a 
 major-general of the order, to know whether 
 the order should submit to Dodd's arrest or 
 fight. He answers against fighting, and in 
 favor of obedience to law, and takes occasion, 
 then, to repudiate his nomination as major- 
 general. This was at a time when the Chiefs 
 of the order were under arrest, and their co- 
 conspirators, all over the State, were trem- 
 bling with apprehensions of arrest. The re- 
 pudiation comes too late at that day, and with 
 an ill grace. 
 
 In regard to particular acts of disloyalty, 
 the Government has proven, by a witness, 
 whom the accused did not attempt to impeach, 
 Elisha Cowgill, that on the 4th of June, 1863, 
 Mr. Humphreys was, in "Sullivan county, at 
 the head of an army of about 400 men." He 
 says: 
 
 "Humphreys talked about a great many 
 things; about the President of the United 
 States, and abused him to the whole crowd. 
 He called him an old tyrant, who was usurp- 
 ing a great deal of power, and wasting the 
 treasure of the United States, and the lives 
 of its citizens." 
 
 The spirit of that armed mob, which was 
 following a detachment of United States sol- 
 diers, who had impressed a horse for the use 
 of a sick soldier, as though they were enemies 
 of their country, was also shown in their 
 treatment of the officials of the Government. 
 Mr. Cowgill, who was a Deputy United States 
 Marshal, says: "Some said they ought to kill 
 me before I got out of the crowd. Numbers 
 of them swore that they would kill any man 
 who should attempt to enroll Cass township.'' 
 
 He also testifies that Mr. Humphreys made 
 
 a second speech, "and advised them tm go 
 home and mind their own business. * * 
 He also told them, 'Don't sleep too soundly.'" 
 
 A few days after the enrolling officer of that 
 township, after partly enrolling the township, 
 was murdered in cold blood, and such was the 
 intensity of the disloyalty of that neighbor- 
 hood, or the strength of its secret organiza- 
 tions, that a, judicial investigation failed to 
 develop the name of the murderer or murder- 
 ers. This was the state of society in which 
 the Order of American Knights was organized, 
 in 1868, under the auspices and with the co- 
 operation of the accused, Andrew Humphreys. 
 
 How he prepared for the extension of that 
 order is shown by the testimony of Nicholas 
 Cochrane, another witness for the Govern- 
 ment. He states that he heard Mr. Humphreys 
 speak, about the 6th of September, 1863, in 
 Jackson township. "He criticised the Admin- 
 istration tolerably strongly, * * and he 
 seemed to think that the Democratic party was 
 imposed upon, and ought to stand up for their 
 rights. * * The time had come when Dem- 
 ocrats should not appropriate their money, or 
 be willing to spend their means in levity, but 
 should be preparing for self-defense." 
 
 At the same meeting a rebel, from Georgia, 
 spoke, advising the audience "to resist the 
 present Abolition Administration at the sacri- 
 fice of their lives, their families, and them- 
 selves, if necessary." 
 
 Cheers were given for the rebel and for Mr. 
 Humphreys. 
 
 Mr. Humphreys called two witnesses, as to 
 character for obedience to law. Wm. Wines 
 testified to Humphreys having spoken in favor 
 of the enforcement of the draft, and to his 
 general reputation for loyalty. On cross- 
 examination, he testified: 
 
 "Some of my friends down there, of my 
 principles, call him a 'Butternut,' a 'Copper- 
 head,' and u. 'traitor,' speaking of him polit- 
 ically." 
 
 William Johnson, sr., proved an unfortunate 
 witness as to character. He testiiies, that Mr. 
 Humphreys' reputation as a law-abiding citi- 
 zen "with that party he goes with, is good." 
 
 In speaking of a speech, made by Mr. Hum- 
 phreys, at Linton, in August, this witness 
 states: "He spoke on the right of secession; 
 on the right of a Slate to secede." 
 
 In the cross-examination, I asked: 
 
 "In the speech which you heard Mr. Hum- 
 phreys make, did he argue in favor of the right 
 of a State to secede ? 
 
 "A. I so understood it. 
 
 "Q. Did he say that secession was right? 
 
 "A. Yes, sir." 
 
 To learn his real siaiui with the loyal men 
 of Green county, I asked the witness to state 
 "what his character for loyalty is among the 
 men of unquestioned loyalty in the county 
 where he lives." 
 
 He answered: "It is not considered loyal." 
 
 In the re-examination, the accused asked: 
 
 "Whom do you consider loyal? 
 
 "A. The men in favor of the prosecution of 
 the war; I don't understand that any one else 
 is loyal." 
 
 From all the evidence in reference to Andre i"'' 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 291 
 
 Bumphreys, I am inclined to believe that lie 
 did not, like Dr. Bowles and Mr. Milligan, 
 join this order for the purpose of using it, or 
 assisting in it, to bring about a revolution and 
 insurrection in these Northern States, but, 
 like Mr. Bingham, more, perhaps, for political 
 and personal ends. He used the order to place 
 himself in some political position — to keep on 
 the surface of the wave, that he might, in the 
 ebb and flow of the tide, be placed upon some 
 secure rook of public favor. But while ad- 
 mitting this, we must insist that while his 
 motives might have been less criminal than 
 others in joining it,. yet he did take upon him- 
 self the responsibility of joining an unlawful, 
 secret organization, treasonable in its iiitents 
 and purposes, and that having taken upon 
 himself this responsibility, having assisted in 
 placing the Government in great danger of 
 being destroyed by this great combination of 
 treasonable elements, he should bo held to a 
 strict accounta.bility for that act. The absence 
 of the highest treasonable intent can only be 
 considered in mitigation of the sentence. 
 That he was a conspirator, this Commission 
 must fiitd, if the evidence shows that he be- 
 longed to this oEganization, and if a conspir- 
 ator, then he is cguilty under four of the charges 
 set out against him. Personal considerations 
 must not weigh with this Court in making up 
 their findings and sentence. 
 
 While we have human sympathy, we must 
 rise above human frailty. There must be in- 
 fused into the hearts of all of this Court a 
 little spark of Divine justice. While weigh- 
 ing in the balance the life of one man, his 
 honor, and his liberty — all of which, I grant 
 you, is as dear to him as yours is to you — we 
 must remember that in the other scale is placed 
 the life, liberty, and well-being of the mil- 
 lions of this nation, and the perpetuity of 
 those institutions that are to give to untold 
 millions yet to come a Government that will 
 secure to its people the highest privileges that 
 citizens can claim, the maintainance of their 
 inalienable rights, and the protection of their 
 lives and liberties. 
 
 STEPHEN HOKSET. 
 
 We come last to the accused, Stephen Hor- 
 sey. To the address submitted by him, and 
 drawn up by Mr. Gordon, I have simply to 
 say, that no man is so poor, or so humble, 
 that he can not be a traitor ; and no man is so 
 poor and humble but that he may be rich in 
 all the glorious attributes of patriotism, loy- 
 alty, and fealty to his Government. If a man 
 becomes so poor, so low, so degraded, as to be 
 a conspirator and traitor, let justice be meted 
 out to him; for thie is poverty that becomes a 
 crime. 
 
 My friend, Mr. Gordon, in drawing up this 
 argument, fell into an error, I fully believe 
 unintentionally, when he asserts that there is 
 no proof that Horsey was ever » member of 
 the Order of American Knights, or Sons of 
 Liberty. The testimony in reference to Ste- 
 phen Hotsey, is briefly as follows: 
 
 Wesley Tranter, a witness for the Govern- 
 ment, testifled that he joined the Circle of 
 Honor, in May, 1863, at the solicitation of 
 
 Stephen Horsey, and was initiated by Horsey. 
 Horsey presided at a second meeting. In 
 January, 1864, the Circle of Honor was changed 
 to the Knights of the Golden Circle, as Tranter 
 understood, but which Harrison Connell says : 
 " I think they called it the American Knights." 
 
 At a meeting held January 27th or 28th, 
 1864, Stephen Horsey was present. Tranter 
 states : " After we were in. Horsey made a lit- 
 tle speech, and said we were to have some- 
 thing different from the other. * * The 
 oath diiFered from the former oath, but I can 
 not recollect it; there was something about 
 supporting Jeff Davis, North or South. In a 
 speech that John W. Stone made, there was 
 something said about putting Governor Mor- 
 ton out of the way." 
 
 It was also stated that, " There was to be a 
 raid made on this place (Indianapolis) about 
 five days from the 1st of April. » » We 
 were to arm ourselves and be ready. We were 
 to take this place, and wear out the soldiers." 
 "When we made the raid on this place, the 
 members of the order in Illinois were to make 
 a raid on Springfield, and those in Missouri 
 on St. Louis. Washington was to be attacked, 
 and Forrest was to make a dash into Ken- 
 tucky." 
 
 The question of arms was discussed, and 
 Horsey spoke of Shirkliff and Coffin having 
 taken off a box of pistols five miles from the 
 Shoals. Horsey "said there would be pistols 
 taken round the country, and any one could 
 have them at cost and carriage." 
 
 Stephen Teney, another witness for the Gov- 
 ernment, testifies that he joined the Circle of 
 Honor at Horsey's solicitation, in the fall of 
 1863. Teney states; "From what I saw and 
 learned, we were to assist the South if called 
 on." 
 
 He says: "We drilled a few times in the 
 township. I was told by one of my brothers, 
 who was a member of the order, that they 
 were getting arms all the time. * ® ® That 
 they had three hundred pistols in that county." 
 
 "Some four or five months since," Teney 
 says, " he (Horsey) told me they were getting 
 along finely with their order." 
 
 On cross-examination, Mr. Teney was asked: 
 
 "Q. Who said you were to support the 
 South? 
 
 "A. Mr. Horsey. 
 
 " Q. What was his language 7 
 
 "A. He swore us to support Jeff Davis, 
 North or South.' 
 
 The testimony of Tranter and Teney was 
 corroborated by Harrison Connell, who was 
 present at the Gaddis House, where this se- 
 cret order met, when Stone spoke. On cross- 
 examination he was asked: "Whether or not, 
 on that occasion, those that entered the order, 
 were sworn into the service of Jeff Davis?" 
 
 "A. I think the man who initiated the men 
 that night, made a speech to that effect. * * 
 I think he said they might consider themselves 
 sworn into Jeff Davis' army, and the men were 
 very much dissatisfied with his speech." 
 
 The accused, Stephen Horsey, is identified 
 as one of the delegates to the State Council of 
 June 14th. Mr. Harrison testifies: "A gen- 
 tleman by the name of Stephen Horsey was 
 
292 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 present, but I do not know whether he (the 
 accused) is the man or not; I do not recognize 
 him; at all events he was a delegate from 
 Martin county." Stidger identifies the ac- 
 cused, Stephen Horsey, as present at the June 
 Council, and states that when the case of 
 Coffin was discussed, "they asked him ^Hor- 
 sey) why he was so careless as to initiate 
 Buch men as Coffin into the order? " 
 
 Harrison Connell testifies that in the latter 
 part of July or in August, 1864, "Mr. Horsey 
 told me to meet him about a mile and a half 
 from the Shoals, a certain erening, and we 
 went a piece down the railroad, and we found 
 some ammunition lying at the root of a tree; 
 we put it in a sack and I carried it home." 
 The ammunition consisted of "a keg of pow- 
 der, a package of lead, and a package of 
 caps." Mr. Connell says that we went with 
 Horsey "according to promise * ® made 
 the evening before." That he asked Horsey 
 about the ammunition "when we went back to 
 the railroad. He told me there was some am- 
 munition there he wanted me to take care of." 
 Connell took care of it, by concealing it in his 
 barn. 
 
 Mr. HeflFren testifies that while confined in 
 prison with Mr. Horsey, the latter admitted 
 that he had ammunition concealed, and stated 
 "where he hid his buckshot, caps and pow- 
 der ; some of it was hid in a manger, to feed 
 horses, and in a barrel the caps were hid, and 
 the horses eat from the top of the manger; 
 and other portions were hid in a stable, and 
 upon the plates in the corn-crib. Shirkliff 
 carried off much of it, and the powder was 
 hid in barrels in his house. 
 
 "There were four hundred pounds of lead, 
 and several thousand musket caps; I think 
 some six or seven kegs of powder." 
 
 Horsey also "told where the money came 
 from that they got it with. * * From Dr. 
 Bowles." 
 
 I desire to call the attention of the Court 
 for a moment to the kind of evidence sub- 
 mitted on behalf of the Government in these 
 cases. Much has been said by the counsel for 
 the accused, in the attempt to bring into disre- 
 pute the witnesses for the Government, styling 
 them generally as spies, detectives, and in- 
 formers. Out of the twenty-eight witnesses 
 introduced by the Government, there were just 
 two who were, as the counsel styles them, spies 
 or detectives. These were Stidger and Zumro. 
 All the other witnesses stood in exactly the 
 same relation to the case as the witnesses in- 
 troduced by the defense, some of them being 
 members of the order, some had been arrested 
 and released. Why they should be followed 
 by such malignity, hatred, and abuse, I can 
 not conceive. It is not pretended that they 
 swore falsely, or from malice, or hope of re- 
 ward. They told simply what they were com- 
 pelled to tell — the truth, and the whole truth, 
 and this, perhaps, is why they hate them. 
 
 In using the word "informers," it would 
 seem, the counsel have overlooked the meaning 
 of the term. Burrill's Law Dictionary defines 
 an "informer" as "one who informs against 
 another for the violation of some penal statute; 
 one who gives information upon which another 
 
 may prosecute for the violation of some penal 
 statute." These men who have been called by 
 the Government, gave no information upon 
 which the accused were prosecuted, and only 
 when the cases came up for trial, did they tes- 
 tify, as they were forced to do. And even 
 had they been informers, within the meaning 
 of the law, will the gentlemen show me what 
 crime it is for a man to so love his country, 
 and so earnestly desire its peace and security 
 as to endeavor to bring to justice criminals 
 who were seeking the lives of their fellow men, 
 and the destruction of their Government? 
 Rather would not the counsel have stood in a 
 more enviable light had they stood by and en- 
 couraged, by giving the just meed of praise 
 to those who have had the courage and manliness 
 to stand by their Government, and who have 
 done their part in bringing to just punish- 
 ment those who have sought to destroy it. 
 Think for a moment of the position in which 
 the Government was placed, and consider the 
 difficulties and almost insurmountable obsta- 
 cles to be overcome in getting at the secrets of 
 this organization, bound together, as this was, 
 by the most solemn and binding of oaths, or 
 get witnesses to publish the secrets of this or- 
 ganization, when they who did so, periled 
 their lives in the act. By what means, gentle- 
 men, could we have developed these facts in a 
 better manner than we have? We have given 
 you the evidence of men who went into the 
 organization for the purpose of revealing their 
 designs ; we have added to them those who 
 were among you and of you, and thus out 'of 
 your own mouths we have made the proof 
 against you. 
 
 Finally, may it please the Court, it is for you 
 to consider whether the evidence supports the 
 charges and specifications. That is a matter 
 about which I can give you no opinion. I can 
 only say that if it is proven to your satisfaction 
 that the accused, all of them, or one of them, 
 did join this treasonable Order^of American 
 Knights or Sons of Liberty, did assent to the 
 principles of the first degree — and all third de- 
 gree members must have so assented — and the 
 obligation of that first degree, they are, in con- 
 templation of law, conspirators per se; if con- 
 spirators per se, then, guilty of the first charge, 
 and the first three specifications. The fourth 
 specification under that charge, simply sets 
 out the means by which this order proposed 
 to carry out these unlawful designs. 
 
 Charge second, affording aid and comfort to 
 the rebels against the authority of the United 
 States, will be supported if it has been proven 
 that these parties joined themselves to a secret, 
 unlawful organization, whose general princi- 
 ples and purposes were adverse to the Govern- 
 ment, and in sympathy and general co-opera- 
 tion with the purposes and principles of the rebel 
 insurgents. The three specifications under 
 that charge simply set out the means, or man- 
 ner, by which this aid and comfort to rebels 
 was to be given; whether the proof supports 
 these specifications, is alone for you to de- 
 termine. 
 
 Charge third, inciting insurrection, and the 
 two specifications under it, will be supported, 
 if it has been proven to you that by publio 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 293 
 
 addresses, by organizing certain societies, and 
 disseminating certain doctrines, the tendencies 
 of which were to embitter and arouse the peo- 
 ple to open hostility to the Government. If 
 these parties, or any members of this conspir- 
 acy to which they joined themselves, while 
 carrying out the general purposes of the con- 
 spiracy, did do any acts, disseminate any sen- 
 timents, make incendiary speeches, attempt to 
 arm, or do any thing the tendency of which 
 was to create open revolt, or an effort on the 
 part of the people, by unlawful means, to 
 change their Government, and set aside by 
 force any parts of the Government, then charge 
 third and its specifications are supported. 
 
 Charge fourth, disloyal practices, and the 
 five specifications under it, set out substan- 
 tially, that these accused did join themselves 
 to a secret, unlawful society or order, known 
 as the Order of American Knights, and did, 
 through, and by means of this unlawful com- 
 bination or order, disseminate principles ad- 
 verse to the Government of the United States, 
 and did counsel and advise citizens of the 
 United Slates to disregard the authority of the 
 United States, to resist a call, or draft, de- 
 signed to increase her armies, and did arm 
 certain citizens of the United States with the 
 intent of resisting said Government; and did 
 attempt to arm, and did arm certain members 
 of this unlawful order, for the purpose of 
 carrying out these unlawful designs; and 
 that these parties did accept and hold ofSces 
 in the military forces, for the State of Indi- 
 ana, in this unlawful, secret society, or order; 
 that said offices and military officers were un- 
 known to the Constitution and Laws of the 
 United States. Whether the proof has so 
 connected the accused with this order, with its 
 treasonable purposes and designs, or not, with 
 its efforts to break down and unlawfully set 
 aside the Government, is for you to determine. 
 
 Charge fifth, violation of the laws of war, 
 and its two speoifications, charge simply that 
 the accused, while pretending to be loyal, 
 peaceable citiz-ens of the United States, did 
 attempt to introduce enemies of the United 
 States into the loyal States, and did thereby 
 violate their allegiance as citizens of said 
 Government ; that they did attempt to do this 
 through a certain secret, unlawful combina- 
 tion, or order. Whether the proof supporting 
 these allegations has been made, is a matter 
 for you to determine. 
 
 Then, gentlemen of the Commission, in con- 
 clusion, permit me to say, that you have, in 
 your hands, the keeping of the dearest rights; 
 in fact, all the rights and privileges of these 
 four men, the accused — that their rights are as 
 sacred and dear to them as are yours to you; 
 that they are possessed of the same attach- 
 ment to life, its hopes, its fears, its affections, 
 its aspirations, as yourselves; I charge you, 
 therefore, if, in any particular, the evidence 
 has failed to support these charges, or failed 
 to convict these men of these high crimes — 
 the highest crimes known to the law — ^be proud 
 to acquit them ; send them forth to the world, 
 into the broad light of day, free from guilt, 
 untarnished with even the stain of reproach; 
 
 let your verdict be not only an acquittal, if 
 these charges are unsustained, but let your 
 action go further, and be a triumphant vindi- 
 cation of their characters. 
 
 On the other hand, if the proof does sustain 
 these charges, if these men are guilty, do your 
 duty. Display the manhood and the bravery 
 that I know you all possess; hold down the 
 natural affections and pity of your natures 
 for the men whom you try, and remember only 
 your high duty to your country — to the gener- 
 ations that shall live after you. Remember 
 that each day this war is waged in this coun- 
 try, not four lives, not four hundred, but thou- 
 sands of patriots must perish, to each one of 
 whose names there is clinging a glorious his- 
 tory; u history of toil, of self-sacrifice, of 
 endurance, of patience and long suffering, 
 of unselfish courage and devotion to their 
 country; think that each day these struggles 
 are prolonged must go down hundreds of these 
 brave men. If you make an example of these 
 men who are prolonging these struggles, you 
 are shortening this desolating contest, and 
 saving the lives of true -men. The sacrifice 
 of bad men, of conspirators and traitors, those 
 men that sustain the armed rebellion, that 
 give its cause strength, active sympathy, and 
 encouragement — their sacrifice, I say, saves 
 the good, the true, and the noble of the na- 
 tion. It is not mercy in you to sit here and 
 acquit the guilty. It is cruelty to the scarred 
 veterans, to the long-suffering patriots, who 
 are fighting your battles. It is cruelty to their 
 lonely wives, who sit with aching hearts and 
 with throbbing pulse, clasping their little ones 
 to their hearts, not knowing what moment th^ 
 knock at their door shall be the death-knell at 
 their hearts. Your sympathy for traitors and 
 treason makes orphans, makes misery in this 
 land every-where. It makes desolate, and 
 lonely, and sad, the pure, the good, and the 
 true. Therefore, remember that justice in 
 your place is mercy. Nerve your hearts to 
 do fearlessly your duty, let that duty come in 
 what shape it may: sink the frailties of the 
 man, and rise up, grasping a few of the attri- 
 butes of Omniscience. 
 
 Eemember, I charge you, that every fiber of 
 this nation is quivering, is strained to its ut- 
 most tension, to secure for her people, and for 
 the generations to come, those rights which 
 will give to her people the highest development 
 which mankind can achieve. Remember that 
 while the Revolution gave your nation birth, 
 that from that bloody struggle was achieved 
 national existence, through this second bloody 
 struggle, through this second baptism of fire 
 and sword, she is to achieve immortality. 
 Failing in this struggle, her light goes out in 
 darkness, and with it the hopes, the aspira- 
 tions, the rights of thirty millions of people. 
 Remember, in this great hour, so to do your 
 duty, that when the Commander-in-Chief of 
 the Universe shall sound the last great reveille, 
 and call from their last, long sleep the unnum- 
 bered hosts of the earth, you can point to this 
 day's work as having been well done. 
 
 Gentlemen, I have done. 
 
Exi>i.^]srA.Tio]sr 
 
 OF THE 
 
 INITIAL LETTERS USED IN THE RITUALS. 
 
 O. A. K. 
 
 K. L.— •Knight Lecturer. 
 W. 0. C— Warden of the Outer Court. 
 K. C. — Knight Conductor. 
 N. — Neophite. 
 A. B. — ^Ancient Brother. 
 K. G. N.— Knight Guardian North. 
 K. G. S.— Knight Guardian South. 
 G. S. — Grand Seignior. 
 The above belongs to the First Degree of tlie 
 Order of American Knights. 
 
 E. K. C. ^Y.- 
 
 West. 
 
 -Excellent Knight Commander 
 
 * E. K.— Excellent Knight. 
 
 B. K. G. C— Excellent Knight Grand Com- 
 mander. 
 
 0. A. K. — Order of American Knights. 
 
 The above belongs to the Second Degree of 
 the Order of American Knights. 
 
 M. E. K.— Most Excellent Knight. 
 
 M. E. D. 0. A. K.— Most Excellent Degree of 
 the 0. A. K. 
 
 M. E. G. C— Most Excellent Grand Com- 
 mander. 
 
 O. S. L. 
 
 -VESTIBULE, OB SON 01 LIBEBTT LESSON. 
 
 v.— Vestibule. 
 
 W. 0. C— Warden Outer Court. 
 
 L. V. — Lecturer of the Vestibule. 
 
 0. C— Outer Court. 
 
 T.— Temple. 
 
 JIBSI DEOBEE. 
 
 0. S. L.— Order of the Sons of Liberty. 
 C. T. — Conductor of the Temple. 
 W.— Warden. 
 A. B. — Ancient Brother, (second officer of 
 
 First Degree). 
 A. S. L.— A Son of Liberty. 
 0.— Order. 
 F. G. N.— Fellow Guardian North. 
 
 F. G. S.— Fellow Guardian South. 
 
 G. S.— Grand Seignior, (first officer of First 
 Degree). 
 
 F. 0. 8. L.— Fellow in the Order of the Sons 
 of Liberty. 
 
 SECOND DEOBEE, OB IIEST CONCLAVE DEOBEE. 
 
 K. 0. S. L.— Knight Order Sons of Liberty. 
 K. C. — Knight Conductor. 
 K. C. W. — Knight Commander West, (second 
 officer). 
 
 1. T.— Inner Temple. 
 
 C. C. — Commander Conclave. 
 T. D. — Temple Degree. 
 0. 0. — Grand Council. 
 S. 0. — Supreme Council. 
 
 K. C. C. — Knight Commander Conclave. 
 I. T. of 0.— Inner Temple of the Order. 
 
 THIBD DEOBEE, OB SECOND CONCLAVE DEGEEK. 
 
 M. E. K. 0. S. L.— Most Excellent Knight 
 Order of the Sons of Liberty. 
 
 JI. E. K. C. W.— Most Excellent Knight Com- 
 mander West. 
 
 K. C. — Knight Conductor. 
 
 M. E. K's.— Most Excellent Knights. 
 
 M. E. K. 0. S. L.— Most Excellent Knights 
 Order of the Sons of Liberty. 
 
 M: E. G. C— Most Excellent Grand Com- 
 mander. 
 
 I — t T. — ^Innermost Temple. 
 
 C. — Conclave. 
 
 6. C. S.— Grand Council of the State. 
 
 S. C. 0. S. L. — Supreme Council Order Sons 
 of Liberty. 
 
 K. C. C. — Knight Commander Conclave. 
 
 CONSTITUTION STATE COUNCIL. 
 
 G. C. — Grand Council. 
 G. C. — Grand Commander. 
 Dep. G. C. — Deputy Grand Commander. 
 G. C. S. S. C. — Grand Counselor S. Supremo 
 Council. 
 S. G. C. — Supreme Grand Council. 
 
 CONSTITUTION OF THE SUPBEME COUNCIL. 
 
 S. G. C. — Supreme Grand Council. 
 
 295 
 
RITUAL OF THE KNIGHTS OF THE GOLDEN CIRCLE. 
 
 GOVERNMENT EXHIBIT C. 
 
 W. 0. C. Gives * * * 
 
 K L. Who Cometh? Whocometh? "Who 
 Cometh ? 
 
 W. 0. C. A man I We found him in the 
 dark ways of the sons of folly, bound in 
 chains, and well nigh crushed to death be- 
 neath the iron heel of the oppressor. We 
 have brought him hither, and would fain 
 clothe him in the white robes of Virtue, 
 and place his feet in the straight and nar- 
 row path which leads to Truth and Wisdom. 
 
 K. L. Brothers ! The purpose ye have de- 
 clared touching this stranger is most wor- 
 thy; let him advance to our altar by the 
 regular steps ; instruct him in our chosen, 
 solemn attitude, and let him give testimony 
 of that which is in him. 
 
 K L. Divine Essence ! God of our Fath- 
 ers, whose inspiration moved them to 
 mighty deeds of valor in the cause of Eter- 
 nal Truth, Justice and Human Eights. We, 
 their sons, would fain recognize the same 
 presence and inspiration in this V. of the 
 T., consecrated to the principles which they 
 inculcated by precept and by example, and 
 defended with their lives and their sacred 
 honor. With the Divine Presence let holi- 
 est memories come, like incense to our 
 souls, and exalt them with emotions worthy 
 of the ceremonies of the Supreme occasion. 
 Amen I 
 
 Man ! Thou art now in the V., and, if 
 found worthy, will hence be ushered into 
 the consecrated T., where Truth dwells 
 amid her votaries ; let thy soul be duly con- 
 scious of her presence, and go forth in ex- 
 alted desire for herdivine influence. Within 
 those sacred precincts, reverence toward the 
 SdPHEME Being, Patriotism, Love, Charity 
 and good fellowship are inculcated and 
 cherished. Infidelity to God or our country, 
 nor hatred, nor malice, nor uncharitable- 
 ness, nor their kindred vices, must enter 
 there. " Love one another," is the hail of 
 the order into whose inner circle thou 
 wouldst fain be inducted. Direct thy 
 thoughts within, at this supreme moment, 
 and declare, as thou wouldst answer to a 
 
 good conscience, is thy soul pure and fitted 
 for the indwelling of Truth ? 
 
 Answer, "yes," or " no." 
 
 Is thy heart quickened with genial emo- 
 tions toward thy fellow man ? 
 
 Answer, "yes," or "no." 
 
 It is well. If thou hast not answered 
 truly, in obedience to the promptings of thy 
 holier nature, so shalt thou be judged in the 
 last day, when the secrets of thy heart shall 
 be revealed, and the actions and purposes 
 of thy life on earth shall return to thy soul 
 their fruits of bitterness or joy eternal. I 
 charge thee, if thou art impelled hither- 
 ward by curiosity ; if thou cherish other 
 purposes, in this regard, than the highest and 
 the holiest which thy heart can conceive, it 
 were better for thee that thy feet had never 
 passed the threshold of our outer court. 
 Our faithful and beloved brothers, who have 
 conducted thee hither into this presence, 
 are thy sponsors. A fearful responsibility 
 is upon them I If thou should falsify their 
 assurances to us, betray their trust, or stain 
 thy manhood by unworthy actions, it will 
 be their painful duty to publish thy shame, 
 so that thou art expelled, and ever after ex- 
 cluded from the society of honorable men. 
 
 Brothers, explain your obligations as spon- 
 sors for the candidate. 
 
 OBLIGATION OF THE SPONSORS. 
 
 "We do solemnly promise and under- 
 take, amidst the inspiring associations of our 
 sacred V., that the stranger whom we have 
 introduced into this presence, shall in all 
 things prove himself a true man. That 
 from his daily walk and conversation with 
 his fellows, we guarantee his worthiness to 
 be inducted into the sublime mysteries of 
 our beloved order. We do further promise 
 and undertake for him, tliat he shall faith- 
 fully keep secret whatsoever shall transpire 
 in this presence. We do further promise, 
 that if he shall be found worthy thereto, 
 and shall be advanced to the inner T. of our 
 order, that he shall reveal nothing which 
 shall therein be made known to him to be 
 
 297 
 
298 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 preserved an inviolate secret. We do fur- 
 ther promise that, in case he shall betray 
 the confidence which he has inspired in us, 
 we will hold it our bounden duty to see that 
 he is expelled from the association of all 
 honorable men. This we do promise with 
 the approbation of the Divine Spirit. 
 Amenl 
 
 Hast thou heard and considered the 
 words, promises and obligations of thy spon- 
 sors? 
 
 Answer, "Aye.'' 
 
 Wilt thou, imploring aid from the Divin- 
 ity within thee, perform unto the end that 
 which they have promised in thy behalf? 
 
 Answer, " I will." 
 
 It is well ! God help thee unto the end I, 
 
 It is now my duty to explain the princi- 
 ples which our order inculcates, holding 
 them for sublime and eternal truths, and 
 which we, as an organized fraternity, and as 
 individuals, aim to illusti;ate in our lives 
 and conversations, as well in our intercourse 
 with men as in our sacred conclave. Listen 
 to the words of wisdom, and let them sink 
 deep into thy heart. 
 
 sion of Territory where it exists, is called, usuaUyj 
 a " Eepublic," sometimes a " State."] _ 
 Reflection, 
 
 expa- 
 fte 
 
 DECLAKATION OF PRINCIPLES. 
 
 1st. Essence, Kthereal, Eternal, Supreme — 
 by us called God I hath created, pervades 
 and controls the Universe 1 dwells in man, 
 and is the Divinity within him I 
 
 Sponsors. "Amen." 
 
 2d. All men are endowed by the Creator 
 with certain rights — equal only so far as 
 there is equality in the capacity for the ap- 
 preciation, enjoyment and exercise of those 
 rights — some of which are inalienable, while 
 others may, by voluntary act, or consent, be 
 qualified, suspended or relinquished, for the 
 purpose of social governmental organiza- 
 tions, or may be taken away from the in- 
 dividual by the supremacy of the law which 
 he himself has ordained, in conjunction 
 with his fellows, for their mutual protection 
 and advancement toward perfect civiliza- 
 tion. 
 
 3d.. Government arises from the necessi- 
 ties of well-organized society. 
 
 4th. Right government derives its sole 
 authority from the will of the governed, 
 expressly declared. 
 
 [The majority should express such will, in the 
 mode which the unanimous voice shall approve ; 
 always guaranteeing to each individual, unless he 
 sliall have been restrained by the law, the privilege 
 and opportunity to make known his opinions and 
 express his will, in regard to alt matters relating or 
 pertaining to the government^ 
 
 5th. The grand purpose of the govern- 
 ment is the welfare of the governed ; its 
 success is measured by the degree of pro- 
 gress which the people shall have attained 
 toward the most exalted civilization. 
 
 6th. Government founded upon the prin- 
 ciples enunciated in the foregoing proposi- 
 tions, is designated "Democracy." [The dim- 
 
 7th. Reflection, observation and 
 rience, seem to have established 
 minds of wise and impartial men, the jion- 
 clusionthat " Demon-ocy," properly organized 
 upon the great principles which our Rerolu- 
 tionary ancestors — patriots and sages— ^ueld, 
 inculcated and defended, best achievfs the 
 grand and benificent ends of humaa gov-' 
 ernment. 
 
 8th. The Government organized and ex- 
 isting in the original Thirteen States of 
 North America, when, they had severally 
 and unitedly renounced their allegiance to 
 the Government of Great Britain, and dis- 
 solved their former colonial relations, we 
 regard as the wisest, and best adapted to 
 the nature and character of the people in- 
 habiting the Continent of North America 
 at the present day ! Under the benign in- 
 fluences of that Government, a nation has 
 arisen and attained a degree of power and 
 splendor, which has no parallel in the his- 
 tory of the human race. 
 
 9th. The Government designated "the 
 United States of America," which shall 
 blazon the historic page, and shed its light 
 along the path of future ages, was the tran- 
 scendent conception and mighty achieve- 
 ment of wisdom, enlightened patriotism, 
 and virtue, which appear' to have passed 
 from earth amidst the fading glories of the 
 Golden Era, which they illustrated with im- 
 mortal splendor. That Government was 
 created originally by thirteen free, sovereign,and 
 independent States, for their mutual benefit, 
 to administer the affairs of their common 
 interests and concerns; being endowed 
 with the powers, dignity, and supremacy, 
 and no further or other, which are distinctly 
 specified and warranted, and conferred by 
 the strict letter of the immortal compact, 
 "The Constitution of the United States.'' 
 
 Sponsors — Amen I 
 
 Man! under the influence of sublime 
 Truth I amid the inspiration of the Divine 
 Presence ! which thou didst invoke on thy 
 approach to this Altar, how wilt thou re- 
 spond to the declarations which thou hast 
 just heard ? 
 
 Answer as to thy conscience, aye ! or no I 
 for so it will be recorded. 
 
 Amen! 
 
 Place thyself in the solemn attitude of 
 invocation which thou didst first assume 
 before this Altar, and repeat after me : 
 
 I , fully comprehending and 
 
 appreciating the Declaration of Principles 
 
 which I have just heard pronounced, hold 
 them for truth — to cherish them in my 
 heart of hearts — ^to inculcate them amongst 
 my fellow men — to illustrate them, as far 
 as in me lies, in my daily walk and conver- 
 sation, and, if needs be, will defend them 
 with my life. I appeal to that Divine Es- 
 sence which created and rules the Universe, 
 
TKEASON TRIALS AT INDIANAPOLIS. 
 
 299 
 
 and dwells in me, to witness the sincerity 
 of my vows. I do solemnly promise, that, 
 should I, from my own volition, or from 
 adjudged unworthiness, advance no further 
 than this V. of the T., consecrated to the 
 rites and mysteries of the brotherhood, to 
 which I purpose to be inducted, I will never 
 reveal, or make known, to any person or 
 persons, by sign or signs, word or words, 
 nor any other manner, the ceremonies in 
 which I have just taken part, nor the 
 names nor persons of those who have parti- 
 cipated with me, nor any part, nor any one 
 of them, nor any single word nor thing, 
 which I have heard, or have seen herein ; 
 nor any purpose which I have learned or 
 conjectured as the leading purpose of the 
 brotherhood whose Inner Temple I desire to 
 enter. To the faithful performance of all 
 which, in presence of these witnesses, my 
 worthy Sponsors, I pledge my most sacred 
 honor ! Amen ! 
 
 Friend ! Thou art well and truly informed 
 touching the grand principles of an order, 
 whose highest purpose is to teach, cherish, 
 and inoHcate those principles by precept 
 and by example, and to defend them where- 
 soever assailed ; whose other purpose is to 
 love and cherish one another, and to relieve 
 the worthy in their distress, giving our first 
 care to our own brother, and to those who 
 are nearest and dearest to him. Remem- 
 ber, that as a fraternity, we inculcate 
 neither sectarianism or partisanism, only 
 demanding unity in sentiment touching 
 immutable principles. 
 
 iHere endeth the lesson of the V.) 
 Instruct in the sign.) 
 
 Dost thou now sincerely desire to ad- 
 vance, or shall our worthy brothers conduct 
 thee to the place where thou last saw the 
 light of heaven, and return thee again to 
 the path from which thy feet have been so 
 lately turned aside ? Listen to the words 
 of thy Sponsors. 
 
 Sponsors. I would advance onward and 
 upward, even to the Temple where Truth 
 dwells serenely. I would fain worship at 
 her shrine through all of life to me on 
 earth. 
 
 Friend I Say est thou so ? 
 
 Answer. "Aye." 
 
 So be it. Thou shalt advance I 
 
 Thy Sponsors will deliver thee to the W. 
 of the T., who will conduct thee to the Most 
 Ancient and the Sages, who will instruct 
 thee in wisdom, and will give unto thee a 
 new name. 
 
 May not their words fall upon ears which 
 can not hear ! Nor their hands fall upon a 
 head that will not learn ! 
 
 Thou wilt now pass to the sacred pre- 
 cincts, where thou shalt be hailed brother I 
 See that thou return hither a wiser and a 
 better man I 
 
 Conduct our Neophyte to the Most An- 
 cient and our Sages. See to it that ye make 
 
 his pathway smooth. Let the air be redo- 
 lent with incense, and let it breathe sweet- 
 est music upon his ear, so that the pursuit 
 of knowledge shall be to him a continual 
 joy and inspiration. 
 
 I. 
 
 W. 0. C. Gives * * * 
 
 K. C. Who Cometh? Whocometh? Who 
 Cometh? 
 
 W. A N., whom our worthy brother L, 
 of the v., commanded us to deliver to the 
 C. of the T. He is from the outer dark- 
 ness, and would journey east for light and 
 instruction. 
 
 K. C. He should have received his first 
 lesson in the V. I would be assured of his 
 proficiency. 
 
 Let the N. advance the signs in which he 
 has been instructed. 
 
 K. C. 'Tis well I will conduct thee to 
 the A. B. 
 
 A. B. Who Cometh? Who cometh? Who 
 Cometh ? 
 
 K. C. AN., whom our worthy brother W. 
 has brought hither by command of our 
 worthy L. of the V. I have proved him, 
 and found him duly proficient in the 
 lesson he has received. He fain would 
 journey east for instruction. 
 
 A. B. His desire shall be gratified. But it 
 is my duty to admonish him touching the 
 trials and perils he needs must encounter, 
 and to demand of him a solemn obligation, 
 first giving him assurance that such obliga- 
 tion requires of him nothing inconsistent 
 with his duty to God I to his country ! to his 
 family! or to himself N., with this assu- 
 rance, are you now willing to take such an 
 obligation ? 
 
 N. I am. 
 
 A. B. Then place yourself in the attitude 
 in which you plighted your solemn vows in 
 the v., holding in your right hand the sa- 
 cred emblem of our order. 
 
 OBLIGATION OF THE N. 
 
 I,- 
 
 -, in the presence of God I 
 
 and many witnesses, do solemnly declare, 
 that I do herein, freely, and in the light of 
 a good conscience, renew the solemn vows 
 which I plighted in the V. I do further 
 promise that I will never reveal, nor make 
 known, to any man, woman or child, any 
 thing which my eyes may behold, or any 
 word which my ears may hear, within this 
 sacred T., nor in any other T., nor in any 
 other place where the brotherhood may be 
 assembled. That I will never speak of, nor 
 intimate any purpose or purposes of this 
 order, whether contemplated or determined, 
 to any one except to a brother of this or- 
 der, whom I know to be such. That I will 
 never exhibit any or either of the emblems 
 or insignia of the order, exiept by express 
 authority granted to that end, and that I 
 
300 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 will never explain their use or signification 
 to any one not a brother of this order, 
 whom I know to be such, under any pre- 
 tense whatsoever, neither by persuasion nor 
 by coercion. That I will never reveal nor 
 make known, to any man, woman or child, 
 any or either of the signs, hails, passwords, 
 watchwords, initials nor initial letters belong- 
 ing to this order, neither by voice, nor by 
 gesture, attitude or motion of the body, nor 
 any member of the body; nor by intima- 
 tion through the instrumentality of any 
 thing animate or inanimate, or object in the 
 heavens, or on the earth, or above the earth, 
 except to prove a man if he be a brother, 
 or to communicate with a brother whom I 
 shall have first duly proved or know to be 
 such. That I will never pronounce the 
 name of this order in the hearing of any 
 man, woman or child, except to a brother 
 of this order, whom I know to be such. 
 That I will ever have in my most holy keep- 
 ing each and every secret of this order, 
 which may be confided to me by a brother, 
 either within or without the T., and rather 
 than reveal which, I will consent to any 
 sacrifice, even unto de.ath by torture. I do fur- 
 ther promise that I will never recommend for 
 membership to this order any man who is 
 not a citizen of an American State, except 
 by dispensation to that end, by the compe- 
 tent authority of the order — citizenship al- 
 ways resulting from nativity, or from due pro- 
 cess of law in such case provided — neither 
 any person who has not attained the age of 
 twenty-one years ; neither a man unsound or 
 infirm in body or in mind — such as a crip- 
 ple or an idiot; ^neither any one of African 
 descent, whether slave or freeman ; neither 
 an avowed and acknowledged atheist; 
 neither a person of bad repute. That I 
 will ever cherish toward each and every 
 member of this order, fraternal regard and 
 fellowship; that I will ever aid a worthy 
 brother in distress, if in my power to do 
 so; that I will never do wrong, knowingly, 
 to a brother, nor permit him to suffer 
 wrong at the hand of another, if it shall be 
 in my power to warn him of danger or pre- 
 vent the wrong. I do further promise that 
 I will, at all times, if needs be, take up 
 arms in the cause of the oppressed — in my 
 country first of all — against any Monarch, 
 Prince, Potentate, Power or Government 
 usurped, which may be found in arms, and 
 waging war against a people or peoples, who 
 are endeavoring to establish, or have inau- 
 gurated, a Government for themselves of 
 their own free choice, in accordance with, 
 and founded upon, the eternal principles of 
 Truth I which I have sworn in the v., and 
 now in this presence do swear, to maintain 
 inviolate, and defend with my life. This I 
 do promise, without reservation or evasion 
 of mind ; without regard to the name, sta- 
 tion, condition or destination of the invad- 
 ing or coercion power, whether it shall arise 
 
 within or come from without ! I do further 
 promise that I will always recognize and 
 respond to the hail of a brother, when it 
 shall be made in accordance with the in- 
 structions and injunctions of the order, and 
 not otherwise. I do further promise that, 
 with God's help, I will ever demean myself 
 toward my fellow man, and especially to- 
 ward the brotherhood, as becometh a true 
 man. 1 do further promise that, should I 
 cease to be a member of this order, either 
 of my own volition or by expulsion, I will 
 hold and preserve inviolate my solemn 
 vows and promises herein declared, as well 
 as while I am in full fellowship. All this I 
 do solemnly promise and ^wear sacredly to 
 observe, perform and keep, with a full 
 knowledge and understanding, and with 
 my full assent, that the penalty which will 
 follow a violation of any or either of these, 
 my solemn vows, will be a shameful death ! 
 while my name shall be consigned to in- 
 famy, while this sublime order shall survive 
 the wrecks of time, and even until the last 
 faithful brother shall have passed from 
 earth to his service in the Temple not made 
 with hands I Divine Essence 1 and ye men 
 of Earth ! witness the sincerity of my soul 
 touching these, my vows ! 
 Amen 1 
 
 CHARGE. 
 
 A. B. Neophyte, thy progress from the 
 outer darkness to this presence, and thy 
 proficiency in the sublime lessons, which have 
 been given thee to learn, gives assurance that 
 there is one more votary to eternal Truth, 
 rescued from the throng which wear the 
 galling chains of Error. Thy journey is 
 well nigh accomplished. Fain would I tell 
 thee that thy trials are passed, but it is 
 not so; yet, I will give thee such caution 
 and admonition as will serve thee much. 
 The Sons of Folly will beset thy path, and 
 aim to turn thee back to thy dark haunts; 
 will scoff and buffet thee; peradventure, 
 will seek thy life. Then put thy trust in 
 God and Tbdth. Still, thy journey leadeth 
 due East, until thou art hailed by the G. S., 
 who will further instruct thee, welcome thee, 
 brother, in our Inner Court, and give unto 
 thee a new name. Beware, lest thou bear 
 thee toward the North too far, and lose thy 
 way, and perish amid the moaning pines, 
 which crown the rugged hills, sighing ever 
 in rough harmony to the icy blasts, or amid 
 the hoary, moss-clad rocks, whose yawning 
 chasms open wide and bottomless to the 
 hapless wanderer. As well take heed, lest 
 the balmy zephyrs from the golden South 
 entice thee too far thither. There the 
 gentle winds will cool thy fevered temples, 
 and awake thy senses in delirious joy ; yet 
 they bear too oft the deadly" malaria, and 
 minister to death in his awful revelry. We 
 have a trusty Brother Guardian on either 
 side thy way, who, true and constant at 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 301 
 
 their posts, perchance may hail thee, when 
 thou wilt tarry, should he bid thee, receive 
 what he shall offer, and give thy earnest 
 heed to all his words. Remember, the only 
 path which leads where Truth and Wisdom 
 dwells together, their lairest sister, Vir- 
 tue, traced. It leadetli onward, upward, 
 straight. It is paved with gems, and pearls, 
 and gold. It is bordered with perennial 
 flowers, whose perfumes all thy senses en- 
 trance. Iseophyte, be thy watchword — On- 
 ward 1 Onward 1 Onward! 
 
 K. G. N. 
 
 K. Gr. N. Who Cometh ? who cometh? who 
 Cometh ? Advance I 
 
 K. C. A N., by command of our A. B. 
 in the West, journeying toward the East to 
 receive Ught and instruction. 
 
 K. G. N. Then he has left the straight 
 path, and has lost his way. Danger is in 
 every step he advances. I am from the far 
 North not long since. The barren wastes 
 are white with the bleaching bones of such 
 as he, and the yawning chasms send up an 
 horrid stench from Death's late carnival ! 
 Bid him turn baclt. He has forgotten the 
 instrictions of our A. B. Was he not 
 charged to follow the straight and narrow- 
 path which Virtue has traced ? 
 
 K. C. True ! We entered upon the 
 straight path, but ere we had proceeded far, 
 the Sons of FoUy beset us, and drove us 
 from our course with violence. We were 
 sorely bruised. We were bewildered, and 
 lost our Way. Wilt thou direct us hence ? 
 
 K. G. N. I will; but first I must prove 
 him, that I may know by what right he 
 claims my care and assistance. 
 
 K. C. Lo ! He hath a sign. 
 
 K G. N. 'Tis well Hath he a password? 
 
 K. C. He has ; and will give it. 
 
 K G. N. 'Tis well Thy watchword? 
 
 N. Onward! Onward! Onward I 
 
 K. G. N. 'Tis well. Tarry and refresh 
 thyselves; then depart due South. Shouldst 
 thou cross the patli thou seekest, and reach 
 the camp of our G. in the South, he will 
 further instruct thee. Thy watchword still — 
 Onward I Onward ! Onward ! 
 
 K. G. s. 
 
 K. G. S. Who cometh? Who cometh? 
 Who cometh ? Strangers, advance. De- 
 clare thy way and purpose. 
 
 K C. I come with this N. from our 
 worthy A. B. in the West, who commanded 
 ns to journey due East to the M. E. G. S. 
 and the Sages for light and instruction. He 
 charged us to follow the straight path. We 
 had not journeyed far, when we were beset 
 by the Faction ists, Fanatics, and Sons of 
 Error and Folly, who did wound and bruise 
 us sorely, because we would not turn back 
 with them to their dark and devious ways. 
 In brief, we lost our path, and would have 
 perished amid the snows of the icy North, 
 
 or sunk into the yawning chasms of the 
 rocks, but that the worthy K. G. N. did hail 
 us as we passed his tent, and gave us wine 
 and bread, instructed us in wisdom, and 
 turned our faces hitherward. Wilt thou 
 show us oui^ath ? 
 
 K. G. S. I will. But first I would prove 
 thy friend. I know thee well for a true 
 man. Let the Neophyte advance the sign. 
 
 K. G. S. 'Tis well Hath he a password? 
 
 K. C. He has. 
 
 K. G. S. Bid him give it me. ' 
 
 'Tis well. Thy watchword ? 
 
 N. Onward I Onward I Onward I 
 
 K. G. S. 'Tis well. Tarry and refresh 
 yourselves, and I will instruct you further. 
 Happily, thou didst approach my tent, else 
 thou and thy friend might have perished 
 together in the trackless fen, or perchance 
 thy limbs had wearied, and thy heart be- 
 come faint in thy weary way under the 
 scorching rays of the meridian sun; or in- 
 haled the rank poison, which, distilled in 
 the cool air of night, swathes tlie heated 
 brow in the death camp, which no tender 
 hand can wipe away ; or, peradventure, the 
 soft gales, laden with perfume, and breath- 
 ing the syren's entrancing melody, had 
 lulled thy soul to rest in inglorious ease to 
 destruction. Not yet is thy Neophyte fitted 
 for the field of labor. His soul must be 
 attuned to the harmony of great thoughts, 
 to the conception and achievement of 
 mighty deeds and purposes. Our brothers 
 there are doing battle in the cause of eter- 
 nal Truth. They have no place for Neo- 
 phytes. When he shall have reached our 
 sacred T., whose spires are glistening in the 
 dawning rays of Truth's resplendent sun ; 
 when he shall have drunk deep from the 
 fountains of Wisdom, which send forth 
 their streams to cherish and gladden noble 
 manhood, then shall he don our sacred 
 armor, rush to the deadly breach where 
 faction's darling hosts are gathered, and 
 waiving aloft our holy banner, consecrated 
 to Freedom, Truth and Virtue, shall bear it 
 on to victory, or die beneath its folds. Con- 
 duct him again to the straight and narrow 
 path, thence onward due East to our G. S., 
 and the Sages of the T. Cheer his heart ; 
 beguile his way with tales of daring deeds. 
 Let the watchword be ever and ever — On- 
 ward! Onward! Onward! 
 
 G. s. 
 K. C. We have attained the end of our 
 
 journey. The W s of the Eastern 
 
 Tower have sounded the alarm. Assume 
 the attitude in which thou wert instructed 
 in the V. Fall upon thy knee, in the pos- 
 ture which best expresses humiliation. He 
 that humbleth himself shall be exalted. 
 Thou shalt rise again to welcome the glad 
 light which glows resplendent around our 
 holy place, where Truth, Virtue, Wisdom, 
 dwell together, and their altars ever burn 
 
302 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 with the incense-offerings of their votar 
 ries. 
 
 (Kneek upon his left knee.) 
 
 Q. S. "Who Cometh? Who coflaeth? 
 Who Cometh ? 
 
 K. C. M. E. G. S., I have brought a N. 
 He is from the West, and hath journeyed 
 East for instruction in Truth and Wisdom. 
 He is a man. 
 
 Gr. S. A man ! sayest thou ? Methinks 
 that posture becometh not a man formed 
 in the image of his Creator. It doth imply 
 debasement — servitude. 
 
 K. C. Servitude, M. E. G-. S., but not de 
 basement. Two brothers of our sacred 
 order found him bound in chains, and upon 
 his neck a heavy yoke. Our worthy 
 brothers, as is their wont, did break his 
 fetters, cast away his galling yoke, and 
 brought him to our V., where he proved 
 himself a true man. So did our A. B. prove 
 him, and gave to him our sacred watch- 
 word. So did our worthy G s N. and S. 
 
 prove him by our signs, and by his pro- 
 ficiency in the lessons of our order. Still, 
 M. E. G. S., he serveth. 
 
 G. S. Serveth? Whom? What? 
 
 K. G. God I and his country 1 
 
 G. S. 'Tis well. Such service well becom- 
 eth a man. By the authority vested in me 
 by the C. S. of our order, I give him welcome 
 to our sacred B. Pronounce the name by 
 which he is known amongst his fellow men. 
 I would give him a new name. 
 
 \Insiruct.~\ 
 
 INVOCATION. 
 
 OPENING. 
 
 Divine Essence! We would recognize 
 Thy Presence in our T., consecrated to 
 Truth I Let holiest memories come, like 
 incense, to our souls ; memories of our an- 
 cestors' virtues, and their glorious deeds in 
 the holy cause of Truth, Justice, and the 
 Eights of Man I inspiring emotions I holy I 
 exalted 1 worthy of the ceremonies of this 
 sacred place. May each heart in this pres- 
 ence to other beat in unison, with genial 
 sympathies, while our souls, as on^, glow 
 with the emotions of our holy nature. May 
 our cherished brotherhood so live, that when 
 we have done with earthly things, we may 
 be hailed for service in the Temple not 
 made with hands. Eternal, in the heavens. 
 Amen I 
 
 CLOSING. 
 
 Divine Essence I With grateful hearts 
 we recognize the Holy Presence, Inspiration, 
 and Gvidance, during the ceremonies and 
 deliberations of the occasion. Deign to go 
 with us to our several homes — to our cham- 
 bers of repose — so shall gentle slumbers 
 renew our manhood's strength, for better 
 service on earth; the asperities of our 
 grosser nature be subdued and chastened ; 
 our souls fitted for the upper sphere, and 
 
 welcomed for service in the Inner Temple 
 there by the hail : " Well done." Amen I 
 
 ORDEB OP BUSINESS. 
 
 1. Ceremonies of Opening. 
 
 2. Eeading and approval of minutes of 
 preceding meeting and reports of Secretary 
 and Treasurer. 
 
 3. Balloting for Candidates recominended 
 at a former meeting. 
 
 4. Induction ol' Candidates. 
 
 5. Beading' and consideration of commu- 
 nications from other organizations. • 
 
 6. Nomination of Candidates and refer- 
 ence to Committee. 
 
 7. Propositions for the good of the Order, 
 including immediate purposes and plans, 
 and their consideration and discussion. 
 
 8. Lecture. 
 
 9. Information concerning the condition 
 of members, whether any one is sick or 
 in distress, requiring aid and sustenance. 
 
 S. L. 
 
 W. 0. C. Gives * * * 
 
 Ix V. Who Cometh? 
 
 W. 0. C. A citizen we found in the 
 hands of the sons of despotism, bound and 
 well nigh crushed to death beneath their 
 oppressions. We have brought him hither, 
 and would now restore to him the blessings 
 of Liberty and Law. 
 
 L. V. Brothers, the purpose ye have de- 
 clared, touching this stranger, is most 
 worthy. Let him advance to the altar by 
 the regular steps; instruct him in our 
 chosen solemn attitude, and let him give 
 heed to the words which shall be spoken. 
 
 INVOCATION. 
 
 L. V. God of our Fathers, whose inspira- 
 tion moved them to deeds of valor, in the 
 cause of Eternal Truth, Justice and Equal 
 Eights; we, their sons, now invoke Thy 
 Divine Presence, in this V. of the T., con- 
 secrated to the principles which they incul- 
 cated by precept, and by example, and de- 
 fended with . their lives. Bless our coun- 
 try, and restore and protect her liberties. 
 Amen. 
 
 L. V. Citizen, thou art now in the V., and 
 if found worthy, will be hence ushered into 
 the consecrated T., within whose precincts, 
 reverence toward the Supreme Being, pa- 
 triotism, peace, charity and good fellowship 
 are inculcated and cherished. Direct thy 
 thoughts within at this moment, and de- 
 clare, as thou wouldst answer to a good con- 
 science, art thou ready ? 
 
 Eesponse. I am. 
 
 L. V. It is well! I charge thee that if 
 thou art impelled hitherward by curiosity ; 
 if thou cherish other purposes in this rC' 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 303 
 
 gard, than the highest and holiest thy heart 
 can conceive, it were better for thee that 
 thy feet had never passed the threshold of 
 our 0. C. Our faithful and wfell-beloved 
 brothers, who have conducted thee hither 
 into this presence, are thy Sponsors — a fear- 
 ful responsibility is upon them. If thou 
 shouldst betray their trust, or stain thy 
 manhood by unworthy actions, it will be 
 their solemn duty to pubhsh thy shame, so 
 that thou shalt be expelled, and ever after 
 excluded from the society of honorable 
 men. 
 
 Brothers, hear your obligations as Spon- 
 sors for the candidate. 
 
 OBLIGATION OF SPONSORS. 
 
 We do solemnly promise and undertake 
 that the stranger, whom we have introduced 
 into this presence, shall, in all things, prove 
 himself a true man; that from his daily 
 walk and conversation with his brethren, 
 we guarantee his worthiness to be inducted 
 into the mysteries of this society. We do 
 further promise and undertake for him, 
 that he shall faithfully keep secret whatso- 
 ever shall transpire in this presence ; and 
 that in case he shall betray the confidence 
 which he has inspired in us, we will hold it 
 our bounden duty to aid in his expulsion 
 from all association with honorable men. 
 Amen. 
 
 L. V. Hast thou heard and considered the 
 obligation of thy Sponsors ? 
 
 Answer. I have. 
 
 L. V. Wilt thou well and truly perform 
 imto the end, that which they have pro- 
 mised on thy behalf ? 
 
 Ans. I wUL 
 
 L. V. It is well. It is now my duty to 
 explain the principles which our society in- 
 culcates, and which we, as a fraternity and 
 as individuals, aim to illustrate in our lives 
 and conversation. 
 
 DECLARATION OF PRINCIPLES. 
 
 1st. God hath created and controls the 
 Universe. 
 
 2d. All men are endowed by the Creator 
 with certain rights — equal so far as there is 
 equality in the capacity for the a.r>preciar 
 tion, enjoyment and exercise of those 
 rights — some of which are inalienable, 
 while others may, by voluntary act or con- 
 sent, be qualified, suspended, or relinquish- 
 ed, for the purposes of social and govern- 
 mental organizations. 
 
 3d. Government arises from the necessi- 
 ties of society, and rightful government de- 
 rives its sole authority from the will of the 
 governed, its chief end being their wel- 
 fare. 
 
 4th. The governments organized and ex- 
 isting in the original thirteen States of 
 North America, after they had severally 
 and unitedly renounced their allegiance to 
 the Government of Great Britain, we re 
 
 nature and character of the people of the 
 United States. 
 
 5th. That government was established 
 originally by thirteen, free, sovereign and inde- 
 pendent States, "in order to form a more per- 
 fect Union, to establish justice, to insure 
 domestic tranquillity, provide for the com- 
 mon defense, promote the general welfare, 
 and secure the blessings of liberty to the 
 people thereof, and their posterity; being 
 intrusted with the powers and supremacy, ' 
 and no further or other, which are specifi- 
 cally granted in the compact, entitled the 
 Constitution of the United States, strictly con- 
 strued. 
 
 L. V. Dost thou assent to the declaration 
 of principles which thou hast just heard ? 
 
 Ans. I do. 
 
 L. V. Present thyself, then, in the atti- 
 tude of invocation which thou didst first 
 assume before this altar, and receive thy 
 obligation. 
 
 OBLIGATION. 
 
 fully comprehending the 
 
 declaration of principles which I have just 
 heard pronounced, hold them for truth — to 
 cherish them in my heart — to illustrate 
 them, as far as in me lies, in my daily walk 
 and conversation, and to defend them with 
 my life. I do solemnly promise, that I will 
 never reveal or make known to any person 
 or persons, by sign or word, or in any man- 
 ner, the ceremonies in which I have just 
 taken part, nor the names nor persons of 
 those who have participated with me, nor 
 any purpose which I have learned or con- 
 jectured as any part of the object of this 
 society ; and that I will, without hesitation 
 or delay, perform whatever may be rights 
 fully required of me by the duly constituted 
 authorities of the society. To the faithful 
 performance of all which, in presence of 
 these witnesses, I pledge my most sacred 
 honor. Amen. 
 {Instruct, dc.) 
 
 O. S. li. 
 
 W. 0. C. Gives * * * 
 
 G. T. Who cometh ? 
 
 W. A S. L., whom our worthy brother L. 
 V. commanded us to deliver to the C. T. 
 
 C. T. He should have received his first 
 lesson in the V. I would be assured of his 
 proficiency. 
 
 Let the S. L. advance the signs in which 
 he is instructed. 
 
 C. T. 'Tis welL I will conduct thee to 
 the A. B. 
 
 A. B. 
 
 A. B. Who cometh ? 
 
 C. T. A S. L., whom our trusty brother 
 W. has brought hither by command of the 
 L. v." I have proved him, and found him 
 duly proficient in the lesson he has re- 
 ceived; he would journey East for instruc- 
 gard as the wisest and best adapted to the I tion. 
 
304 
 
 TREASON TRIALS AT mDIANAPOLIS. 
 
 A. B. His desire shall be gratified ; but it 
 is my duty, first, to submit to him the lesson 
 of the T., and then to demand of him a 
 solemn obligation; giving him assurance 
 that such obligation requires of him noth- 
 ing inconsistent with his duty to his God, 
 his family, or himself. S. L., with this as- 
 surance, art thou willing to take such an 
 obligation ? 
 
 S. L. I am. 
 
 LESSON. 
 
 1st. A well defined belief in a Creator 
 and Supreme Ruler of the universe, imparts 
 true dignity to man. 
 
 2d. The ideas and !j)rinciples maintained 
 by our 0. on the subject of government, are 
 identical with those taught and defended 
 by the founders of American liberty in the 
 original thirteen States of North America. 
 
 3d. The liberties of those States were 
 assailed by despotis power, which aimed at 
 their conquest and subjugation ; hence they 
 made common cause for their mutual de- 
 fense, and established friendly relations 
 with each other, in the compact entitled 
 "Articles of Confederation and Perpetual 
 Union between the States." 
 
 4th. When those States had maintained 
 their freedom and independence, they sev- 
 erally entered into a compact entitled the 
 Constitution of the United Slates of Amer- 
 ica, for the ends and purposes therein dis- 
 tinctly declared and specified ; and the 
 government thereby created was intrusted 
 by the States, acting in their several capaci- 
 ties of Free and Independent States, with 
 powers suflGlcient to the accomplishment of 
 those ends and purposes, and no other; 
 powers not delegated to that government 
 being, by the express letter of the compact, 
 " reserved to the States or to the people 
 respectively." 
 
 5th. Sovereignty resides in and with the 
 people of the States respectively, which are 
 parties to the Constitution of the United 
 States. It can not be alienated, neither 
 can it be delegated. Some of its powers 
 may be exercised by delegated authority, 
 while others can not be so exercised, except 
 at the sacrifice, on the part of the constitu- 
 ent, of all that lends dignity to man's rela- 
 tion to government. 
 
 6th. The Government designated the 
 United States of America has no sover- 
 eignty, because thai is an attribute belong- 
 ing to the people in their respective State 
 lorganization, and with which they have not 
 endowed that government as their common 
 agent. It was by the terms of this com- 
 pact, constituted by the States, through the 
 express will of the people thereof severally, 
 such common agent to use and exercise 
 certain specified and limited powers. It 
 was authorized so far as regards its status 
 and relations, as a common agent in the 
 exercise of the powers carefully and jeal- 
 ously delegated to it, to call itself " su- 
 
 preme," but not "sovereign." Supremac; 
 as plainly intended by the tenor and spir: 
 of article Nl of the Constitution, was en 
 ated, defined and limited by the sovereigi 
 ties themselves. ^ 
 
 7th. In accordance with these principle 
 the Federal Government can exercise onl 
 delegated power; hence, if those who sha 
 have been chosen to administer that Goi 
 ernment, shall assume to exercise powe 
 not delegated, they should be regarded an 
 dealt with as usurpers. 
 
 8th. The claim of "inherent power," c 
 "war power," as also "State necessity," c 
 "military necessity," on part of the fun 
 tionaries of a constitutional government, fc 
 sanction of any arbitrary exercise of powe 
 we utterly reject and repudiate. 
 
 9th. All power resides in the people, an 
 is delegated always to be exercised for th 
 advancement of the common weal. 
 
 10th. Whenever the officials, to whom th 
 people have intrusted the powers of th 
 government, shall refuse to administer it i 
 strict accordance with its constitution, an 
 shall a,ssume and exercise power or autho: 
 ity not delegated, it is the inherent righ 
 and imperative duty of the people, to resis 
 such officials, and, if need be, expel thei 
 by force of arms. Such resistance is nc 
 revolution, but is solely the assertion o 
 right. 
 
 1 1th. It is incompatible with the histor 
 and nature of our system of governmen 
 that federal authority should coerce b 
 arms a sovereign State; and all intimatior 
 of such power or right, were expressly witl 
 held in the Constitution, which conferre 
 upon the Federal Government all its ai 
 thority. 
 
 12th. Upon the preservation of the sc 
 ereignty of the States, depends the prese 
 vation of civil and personal liberty. 
 
 13th. In a convention of delegate 
 elected by the people of a State, is reco] 
 nized the impersonation of the sovereign! 
 of that State. The declaration of such coi 
 vention upon the subject matter for whic 
 it was assembled, is the ultimate expressio 
 of that sovereignty. Such convention ma 
 refer its action back to its constituents, ( 
 the people may reverse the action of or 
 convention by the voice of another. Thi 
 sovereignty resides in the people of eac 
 State, and speaks alone through their co: 
 ventions. S. L., what sayest thou to th 
 lesson ? Do its teachings command tl 
 unqualified assent ? 
 
 S. L. They do. 
 
 A. B. Present thyself, then, in the attitue 
 in which thou didst plight thy solemn \o\ 
 in the V., holding in thy right hand tl 
 sacred emblem of our 0. 
 
 OBLIGATIOir. 
 
 I, , in the presence of Gi 
 
 and these witnesses, do solemnly deck 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 305 
 
 that I do herein freely renew the vows 
 which I plighted in the V. I do further 
 promise that I will never reveal, nor make 
 known any thing which my eyes may be- 
 hold, or any word which my ears may hear 
 in this T., nor in any other T., nor in any 
 other place where this fellowship may be 
 assembled. That I will never speak of, nor 
 intimate, any measure or measures, whether 
 contemplated or determined, of this 0., to 
 any one except to a fellow of the 0. That 
 I will never explain the use or signification 
 of the emblems or insignia of the 0., to any 
 one not a fellow thereof, under any pre- 
 tense whatsoever, neither by persuasion nor 
 by coercion; that I will never reveal or 
 make known any or either of the signs, 
 hails, passwords, watchwords, nor initial 
 letters belonging to this 0., except to prove 
 or communicate with a fellow thereof; that 
 I will never pronounce the name of this 0. 
 in the hearing of any man, woman, or child, 
 unless to a fellow thereof; that I will ever 
 have in most holy keeping each and every 
 secret of this 0., which may be confided to 
 me by a fellow thereof, either within or 
 without the T. ; that I- will never recom- 
 mend, for fellowship in this O., any man 
 who is not a citizen of an American State, 
 except by dispensation to that end by com- 
 petent authority ; neither any person who 
 has not attained the age of eighteen years, 
 neither any one unsound in mind, neither 
 any one of African descent, whether slave 
 or free, neither a person of bad repute ; that 
 I will ever cherish toward each and every 
 worthy fellow of this 0., fraternal regard 
 and fellowship ; that I will ever aid a wor- 
 thy fellow in distress, if in my power so to 
 do ; that I will never wrong a fellow, nor 
 see him wronged if in my power to prevent 
 it; that I wiU. at all times implicitly obey, 
 without question or remonstrance, all right- 
 ful commands of the constituted authori- 
 ties of this 0. ; that I will always recognize 
 and respond to the hail of a fellow, when it 
 shall be made in accordance with the in- 
 structions and injunctions of -this 0., and 
 not otherwise; and should I cease to be a 
 fellow of this 0., either of my own volition 
 or by expulsion, 1 will hold and preserve 
 inviolate my vows and promises herein de- 
 clared, as truly as while I am in full fellow- 
 ship. All this I do solemnly promise sa- 
 credly to observe, perform and keep, under 
 such penalties as shall be decreed by the 
 competent authority of this O. Amen. 
 
 CHARGE. 
 
 A. B. S. L., thy journey is well nigh ac- 
 complished. Somewhat yet remains, and 
 the Sons of Despotism will beset thy path 
 and aim to turn thee back — ^peradventure 
 will seek thy life. Then put thy trust in 
 God and Truth ; still thy journey leadeth 
 due East until, thou art hailed by the G. S., 
 who will fiirther instruct thee. Beware, 
 ^0 
 
 lest thou bear thee toward the North too 
 far and lose thy way ; as well, also, take 
 heed lest the South entice thee too far 
 thither. We have a trusty F. G., on either 
 side thy way, who, true and constant at liis 
 post, perchance may hail thee. Receive 
 what he shall offer, and give earnest heed 
 to all his words. S. L., be thy watchword — 
 Onward ! 
 
 F. o. K. 
 
 F. G. N. "Who Cometh ? Advance. 
 
 C. T. A S. L., by command of our A. E. 
 in the West, journeying East for light and 
 instruction. 
 
 F. G. N. Then has he left the straight 
 path and lost his way ; danger is in every 
 step he advances ; bid him turn back ; he 
 has forgotten the instructions of our A. B. 
 Was he not charged to follow the straight 
 and narrow path? 
 
 C. T. True I we entered upon the straight 
 path, but ere we had proceeded far we were 
 bewildered and lost our way. Wilt thou 
 direct us hence ? 
 
 F. G. N. I will ; but first I must prove 
 him, that I may know by what right he 
 claims my care and assistance. 
 
 C. T. Lo I he hath a sign. {Gives it.) 
 
 F. G. X. 'Tis well. Hath he a pass- 
 word? 
 
 C. T. He has, and will give it. {Gives it) 
 
 F. G. N. 'Tis well. Thy watchword? 
 
 S. L. Onward. 
 
 F. G. N. 'Tis well! Now depart due 
 South. Shouldst thou reach the post of 
 our G. in the South, he will further instruct 
 thee. Thy watchword still-;-Onward I 
 
 F. G. s. 
 
 F. G. S. Who Cometh? Strangers, ad- 
 vance. Declare thy way and purpose. 
 
 C T. I come with this S. L. from our 
 worthy A. B. in the West, who commanded 
 us to journey due East to the G. S., for 
 light and instruction, charging us to foUov^ 
 the straight path; we had not journeyed 
 far when we lost our way ; but the worthy 
 F. G. N. did hail us as we passed his post, 
 and turn«d our faces hitherward. Wilt 
 thou show us our path ? 
 
 F. G. S. I will. But first I would prove 
 this friend ; I know thee well for a true 
 man. Let the S. L. advance the sign. 
 {Gives it.) 
 
 F. G. S. 'Tis well. Hath he a password? 
 
 C. T. He has. 
 
 F. G. S. Bid him give it me. {Gives it.) 
 'Tis well. Thy watchword? 
 
 S. L. Onward. 
 
 F. G. S. 'Tis well. Conduct him again 
 to the straight and narrow path; thence 
 onward due East to our G. S. Let thy 
 watchword be ever and ever — Onward I 
 
 G. s. 
 
 G. S. Who Cometh ? Advance. 
 
306 
 
 *^REASON TMALS AT INDIANAPOLIS. 
 
 C. T. G. S., I have brought a S. L. He 
 is from the West, and hath journeyed East 
 for instruction. He is a citizen; but he 
 serveth. 
 
 G. S. Serveth ! Whom— what? 
 
 0. T. God and his country. 
 
 G. S. ' Tis well. Such service fitly be- 
 cometh the good citizen. By the authority 
 vested in me, I give him welcome into our 
 T., and pronounce him a worthy F. 0. S. L. 
 
 (Instruct, &c.) 
 
 INVOCATIOlf. 
 
 God! Creator of all men, we invoke 
 Thy presence. Help us as Thou didst help 
 our fathers. Before Thee we are offenders; 
 but spare us. We pursue Justice — Thou art 
 the author of Justice. We seek Liberty — 
 Thou art the giver of Liberty. We desire 
 Peace — Thou art the God of Peace. Purify 
 our intentions ; guide our counsels, and 
 give success to our efforts. Amen. 
 
 CLOSING. 
 
 God I from Thee all wise counsels and 
 all good works do proceed. Further Thou 
 our counsels, prosper our works, and grant 
 us Thy peace. Amen. 
 
 ORDER OF BUSINESS. 
 
 1. Ceremonies of Opening. 
 
 2. Beading and approval of minutes of 
 preceding meeting, and reports of Secretary 
 and Treasurer. 
 
 3. Balloting for Candidates recommended 
 at a former meeting. 
 
 4. Induction of Candidates. 
 
 5. Reading and consideration of commu- 
 nications from other organizations. 
 
 6. Nomination of Candidates and refer- 
 ence to Committee. 
 
 7. Propositions for the good of the 0., in- 
 cluding immediate purposes and plans, and 
 their consideration and discussion. 
 
 8. Lecture. 
 
 9. Information concerning the condition 
 of Members, whether any one is sick or in 
 distress, requiring aid and assistance. 
 
 INSTALLATION. 
 
 The officers elect, being up standing, the 
 Com. T. shall propound to each the follow- 
 ing questions: 
 
 Com. T. having been duly elected 
 
 to the office of , do you accept the 
 
 position to which you have been assigned ? 
 
 Ans. I do. 
 
 Com. Brothers, are you content with the 
 choice you have made of ? 
 
 Ans. We are. 
 
 The Com. will then administer the fol- 
 lowing oath of office to each, beginning at 
 the highest, and declare them duly quali- 
 fied to enter upon their respective duties: 
 
 OBLIGATION. 
 
 swear, in the presence of these witnesses, 
 to support the constitution and laws of the 
 0. S. L., to obey all rightful orders of my 
 immediate G. Com. and the S. Com., and 
 
 perform the duties of to the best of 
 
 my ability, so help me God. Amen. 
 
 I, , having been elected to the office 
 
 of r-, for the ensuing term, do solemnly 
 
 K. o. s. L. 
 
 K C. W. Whocometh? 
 
 K. C. *A worthy Fellow of the 0. S. L., 
 who, having been duly elected, desires in- 
 duction into the I. T. of our 0. 
 
 K. C. W. It is vcell. His desire shall be 
 gratified ; but it is my duty first to submit 
 to him the lesson of I. T., and then to de- 
 mand of him a solemn obligation, giving 
 him assurance that such obligation requires 
 of him nothing inconsistent with his duty 
 to God, to his country, to his family, or to 
 himself. F. S. L., with this assurance, art 
 thou content ? 
 
 Ans. I am. 
 
 LESSON OF THE I. T. 
 
 The Kentucky and Virginia Resolutions of 1798, 
 Drafted hy Jefferson and Madison. 
 
 1. The several States composing the Uni- 
 ted States of America, are not united on 
 the principle of unlimited submission to 
 the General Government,, but by a compact 
 under the style and title of a Constitution 
 for the United States, and of amendments 
 thereto, they constituted a General Govern- 
 ment for special purposes, delegated to that 
 Government certain definitive powers, re- 
 serving each State to itself the residuary 
 mass of right to their own self-govern- 
 ment ; and whensoever the General Govern- 
 ment assumes undelegated powers, its acts 
 are unauthoritative, void, and of no force ; to 
 this compact each State acceded as a State, 
 and is an integral party ; that this Govern- 
 ment, created by this compact, was not 
 made the exclusive or final judge of the 
 extent of the powers delegated to itself; 
 since that would have made its discretion, 
 and not the Constitution, the measure of its 
 powers ; but that, as in all other cases of 
 compact, among powers having no common 
 judge, each party has an equal right to 
 judge for itself as well of infractions as of 
 the mode and measures of redress. 
 
 2. It is true as a general principle, and is 
 also expressly declared, by one of the 
 amendments to the Constitution, that the 
 "powers not delegated to the United 
 States by the Constitution, nor prohibited 
 to it by the States, are reserved to the 
 States i-espectively, or to the people;" and 
 no power over the freedom of religion, 
 freedom of speech, or freedom of the press, 
 being delegated to the United States by 
 the Constitution, nor prohibited by it to 
 
TKEASON TRIALS AT INDIANAPOLIS. 
 
 307 
 
 the States, all lawful powers respecting the 
 same, did of right remain, and were re- 
 served to the States or ihe people ; and thus 
 was manifested their determination to re- 
 tain to themselves the right of judging 
 how far the licentiousness of speech, and 
 of the press, may be abridged, without 
 lessening their useful freedom ; and how 
 far those abuses, wliich can not be separa- 
 ted from theu- use, should be tolerated, 
 rather than the use be destroyed, and thus 
 also they guarded against all abridgment, 
 by the United States, of the freedom of 
 religious opinions and exercises, and re- 
 tained to themselves the right of protect- 
 ing the same from all human restraint or 
 interference ; and in addition to this general 
 principle and express declaration, another 
 and more special provision has been made 
 by one of the amendments to the Constitu- 
 tion, which expressly declares, that "Con- 
 gress shall make no law respecting an es- 
 tablishment of religion, or prohibiting the 
 free exercise thereof, or abridging the free- 
 dom of speech, or tho press," thereby 
 guarding in the same sentence, and under 
 the same words, the freedom of religion, 
 of speech, and of the press, insomuch, that 
 whatever violated either, throws down the 
 sanctuary which covers the others, and, 
 therefore, libels, falsehood, and defamation, 
 equally with heresy and false religion, are 
 withheld from the cognizance of Federal 
 tribunals. 
 
 3. This 0. does explicitly and perempto- 
 rily declare that it views the power of the 
 Federal Government, as resulting from the 
 compact to which the States are parties: 
 as limited by the plain sense and intention 
 of the instrument constituting that com- 
 pact; as no further valid than they are 
 authorized by the grants enumerated in 
 that compact ; and that in the case of a delib- 
 erate, palpable and dangerous exercise of 
 other powers not granted by the said com- 
 pact, the States, who are parties thereto, 
 have the right, and are in duty bound, to 
 interpose, for arresting the progress of the 
 evil, and for maintaining, within their re- 
 spective limits, the authorities, rights and 
 liberties appertaining to them. 
 
 K. C. W. F. S. L., what sayest thou to 
 this lesson ? Do its teachings command 
 thy unqualified assent ? 
 
 F. S. L. They do. 
 
 K. C. W. Present thyself, then, in the atti- 
 tude in which thou didst plight thy solemn 
 vows in the T. ' 
 
 OBLIGATION. 
 
 I, , within the precincts of 
 
 this I. T., do now freely renew the vows 
 plighted in my progress hither; 1 do also 
 solemnly swear that I will faithfully keep 
 secret every word Ihat I may hear, and will 
 never, by speech, sign, or intimation, reveal 
 any thing which I may see within or with- 
 
 out this I. T., pertaining to the same, unless 
 to a true K ; that I will never explain or 
 exhibit any of the signs, hails, passwords, 
 watchwords, emblems, insignia, initial let- 
 ters, nor the seal of the 1. T., except to 
 prove or communicate with a4rue K. I 4o 
 further swear, that I will, as becometh a 
 true K., at all times, and in all places, to 
 the utmost of my ability, respect, perform, 
 and obey, each and every order, command, 
 or request, made to or of me by the K. C. 
 C, or other superior authority, touching 
 any matter or thing which relates or per- 
 tains to the purposes or plans of the K. 0. 
 S. L.; and I do further swear that I will 
 ever bear in mind the lesson of the I. T., as 
 expounded to me in this presence, and will 
 defend the principles therein laid down, 
 with my life, if need be; that my sword 
 shall ever be drawn in support of the right, 
 and that I will never take up arms in any 
 cause as a mercenary. I do further swear, 
 that I will ever cherish kindly regard and 
 fellowship toward all true K.'s every-where, 
 and will ever aid them in the defense of 
 their rights; that I will ever honor, cherish, 
 and protect woman and the orphan, and 
 especially the mother, widow, sister, or or- 
 phan of a deceased K., and will shield them 
 from wrong, insult and oppression ; and I 
 do also swear, that I will never induct, nor 
 consent to the induction, of any one into 
 the 1. T., who shall not have been duly and 
 well instructed in the T. D., nor then, until 
 he shall have been unanimously approved 
 by a legal conclave of K. 0. S. L., nor in any 
 place which has not been appointed and 
 consecrated to that end by the competent 
 authority, nor in the presence of a less 
 number than thirteen true K.'s, each and 
 all of whom shall consent and approve to 
 such induction, nor until I shall have been 
 duly authorized thereto by authority eman- 
 ating from the G. C. ; and, finally, I do 
 solemnly swear, in the presence of these 
 K.'s, my witnesses, to all and singular the 
 foregoing, with full knowledge, and with 
 my full assent, that the penalty declared 
 against any violation of any part of this, 
 my oath, shall be such as may be declared 
 by the G. G, and approved by the S. C. of 
 the 0. S. L. Divine presence ! approve my 
 truth, and you, ye K.'s, hear and bear wit- 
 ness. Amen! 
 
 K. C. W. It is well. The K. C. will now 
 conduct thee to the K. C. C. 
 
 K. c. c. 
 
 K. C. C. "Who Cometh ? Advance. 
 
 K. C. A worthy fellow of the 0. S. I.., 
 who, having taken the obligation requirecl 
 in this I. T.| is, by command of the K. C. 
 W., brought before thee for full induction. 
 
 K. C. C It is well. Let him kneel in 
 token of service to God and his country. * 
 * * * Rise, , K 0. S. L., and re- 
 ceive thy charge. 
 
308 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 CHARGE. 
 
 Brother I Thy presumed worthiness hath 
 secured thy induction into the I. T. of 0. 
 Let thy deeds approve thee worthy. Obe- 
 dience, faith, truth, courage, sincerity, self- 
 denial — these are the virtues of the true 
 K. Make good thy vows. Honor thy God. 
 Love thy country. So shalt thou discharge 
 thy duty on earth, and prepare thyself for 
 the beatitudes of the temple not made with 
 hands. Hear the words of 'inspiration! 
 then onward! still be thy watchword. On- 
 ward! 
 
 K. L. [Here reads Isaiah, chap. LIX, 
 verses 14 to 19, inclusive.] 
 
 K. C. C. [Instructs.^ 
 
 II. 
 
 M. E. K. O. S. L. 
 
 M. B. K. C. "W. Who cometh ? Advance. 
 
 K. C. A true K., who, having been duly 
 elected thereto, desires induction in the I— t 
 T. of our most excellent 0. 
 
 M. E. K. C. W. It is well. Let him pre- 
 sent himself in our chosen attitude of invo- 
 cation. 
 
 OBLIGATION. 
 
 I, 
 
 -, in the presence of God 
 
 and these M. E. K.'s, do solemnly swear, 
 that I will never reveal, or make known, 
 directly or indirectly, any thing whatever, 
 pertaining to the M. E. K. 0. S. L. ; neither 
 will I indicate, by word or intimation, any 
 thing of, or concerning the same, except to 
 a brother thereof, whom I shall have iirst 
 duly proved. I do further swear, that 1 
 will, at all times, and in all places, yield 
 prompt and implicit obedience, to the ut- 
 most of my ability, without remonstrance, 
 hesitation or delay, to any and eveiy man- 
 date, order or request, of my immediate M. 
 E. G. C, in all things touching the purposes 
 of the 0. S. L., and to defend the principles 
 thereof, when assailed in my own State or 
 country, in whatsoever capacity may be as- 
 signed to me by authority of our 0. ; and I 
 do further swear, that I will never induct, 
 or consent to the induction, of any person 
 into the I— t T., until he shall have first been 
 approved by at least thirteen M. E. K.'s of 
 the local C. to which he is proposed for in- 
 duction, except by express dispensation to 
 that end from superior authority; and that 
 I will ever faithfully keep secret every 
 counsel of M. E. K.'s, whether in or out of 
 0. To all and singular the foregoing, I do 
 solemnly swear,' with full knowledge, and 
 my assent, that the penalty for any viola- 
 tion of any part thereof, shall be whatso- 
 ever may be decreed by the G. 0. S., and 
 approved by the S. C. — 0. S. L.; so help mo, 
 God! Amen! 
 K. C. C. llnsiruets.'] 
 
 GENERAL LAWS OF THE S. L. 
 
 COUNTY PAIJENT TEMPLES. 
 
 ARTICLE I. 
 
 'Section 1. A Parent County T. may be 
 instituted by an eligible brother who shall 
 be authorized by the Grand Council, or by 
 the G. Com., upon the application of five 
 good and true men, by paying the expen- 
 ses incurred for books, traveling, etc., 
 and three dollars per day to the person 
 who shall" be designated to institute the 
 same. 
 
 Sec. 2. Branch County T.'s may be insti- 
 tuted by the mode above, or by the officers 
 of the Parent T. Provided, That the Grand 
 Sig. of any Parent T., of this State, be au- 
 thorized to organize subordinate temples 
 in any township where none have been or- 
 ganized, subject to the constitution.and rules 
 of this order, and that until a Parent T. 
 be organized in such county, to which said 
 township belongs, the secretary thereof 
 shall report to the G. Sec. of this State. 
 
 Sec. 3. The names and location of Parent 
 and Branches, shall not be changed with- 
 out permission oT the G. Council, or without 
 written consent of the G. Sec. 
 
 ARTICLE n. 
 
 Section 1. Every T. in the State of Indi- 
 ana shall meet twice in every month, and 
 oftener if they shall deem proper, and shall 
 be opened as near as may be at the time 
 prescribed by the Pules of Order. 
 
 Sec 2. Special meetings may be held, 
 upon the call of G. S., or when requested 
 to do so by five members of the T., general 
 notice of such meeting to be given as far 
 as possible. 
 
 Sec S. At any regular or special meeting, 
 at which the first and second officers shall 
 be absent, a qualified degree member may 
 be chosen to preside. 
 
 Sec. 4. Each T. is empowered to designate 
 what number, not less than five, shall con- 
 stitute a quorum for the transaction of bu- 
 siness. 
 
 ARTICLE in. 
 
 Section 1. The elective officers of the Pa- 
 rent T.'s shall be— M. E. K. C; M. E E. C. 
 W.; M. E. K. Sec; M. E. K. Treas.; M. E. K. 
 Lecturer of the V.; and M. E. K Eep. to 
 G. C. The officers shall be appointed M. 
 B. K. Cond.; M. E. K. Marshal; M. E. K. 
 W., T.; M. E. K. W., 0. G 
 
 Sec 2. The elective and appointed officers 
 of a Branch County T., shall be those de- 
 ^gnated in the ritual of the order. 
 
 Sec 3. The election of all officers shall 
 take place annually, on or not to exceed 
 two weeks previous to the 22d day of Feb- 
 ruary in each year. 
 
 Sec. 4. At the same time and place the 
 Parent T. shall elect two Eepresentatives 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 809 
 
 to the Gr. Council, and one additional Repre- 
 sentative for every one thousand members 
 in said county. 
 
 Sec. 5. All elections shall be by ballot, 
 and a majority of all liie votes given be ne- 
 cessary to a choice. Provided, That when- 
 ever there shall be but one candidate, the 
 election may be by viva voce. 
 
 Sec. 6. Any elected or appointed officer 
 who shall absent himself from the Temple 
 for three. successive stated meetings, unless 
 such absence be satisfactorily accounted 
 for, shall thereby vacate his oiiice, and the 
 vacancy shall be filled by special election, 
 and the member so elected or appointed to 
 fill such vacancy shall, if he serve under 
 such election or appointment, receive all 
 the honors of the station as though he had 
 served the full term. 
 
 Sec. 7 All elective oflBcers shall continue 
 to serve until their respective successors are 
 duly elected and qualified. 
 
 ARTICLE IV. 
 
 Section 1. The duties of the G. S. and 
 M. E. KC. sha;i he- 
 ist To preside at all meetings of the 
 Temple at which they may be present, and 
 open and close the same in due form ; to 
 preserve strict order and decorum, and en- 
 force the Constitution and Laws of the 
 Order. 
 
 2d. To decide all questions of order, sub- 
 ject to appeal, by two members, from his 
 decision to the Temple. 
 
 3d. To give the casting vote on all ques- 
 tions before the Temple, in which there 
 may be an equal division of members, ex- 
 cept in the election of officers and appeals 
 from his decision. 
 
 4th. To inspect all ballots on application 
 for membership, degrees, or^ certificates, 
 and report thereon to the Temple. 
 
 5th. To sign all orders drawn on the 
 Treasurer, for the payment of such sums of 
 money as may, from time to time,bevoted by 
 theTemple, and also such documents as may 
 require his signature to authenticate them. 
 
 6th. To appoint the officers herein be- 
 fore specified, at the time of his installa- 
 tion, and to fill vacancies in the same 
 whenever they may occur. 
 
 7th. To appoint, at the same time, such 
 standing committees as the Temple may 
 prescribe, and such other committees, from 
 time to time, as may be required by the 
 Constitution and Laws, or directed by the 
 Temple. 
 
 '8th. To see that a brother is visited im- 
 mediately upon being advised of his illness 
 or distress, and to continue to do so at least 
 once per week, during such illness or dis- 
 tress, and see that he is duly provided with 
 attendants. 
 
 9th. To install their successors in office. 
 
 Sec. 2. Duties of the M. E. K. Sec. 
 
 1st. To keep, in suitable books for that 
 
 purpose, the accounts of the Temple, and 
 the members thereof 
 
 2d. To receive all moneys due the Temple, 
 pay the same to the Treasurer, and take his 
 receipt therefor. 
 
 3d. To make out all notices that may be 
 required for special meetings, attendance 
 upon the sick, or distressed. 
 
 4th. To furnish the Temple, on the night 
 preceding the expiration of each term of 
 three months, a list of the members thereof, 
 who are delinquent, with the amount due 
 by each. 
 
 5th. To make out, at t^ie expiration of 
 each term of three months, a report to the 
 Grand Council, in such form as said Grand 
 Council shall direct, which he shall read in 
 open Temple, and record in a book to be 
 kept for that purpose ; and when duly ap- 
 proved by the Temple and signed by the 
 proper officers, he shall forward the same 
 to the Grand Secretary, which shall be done 
 within ten days from the expiration of each 
 term of three months. 
 
 6th. To enroll in a book, provided for that 
 purpose, the names of the members of the 
 Temple, age, occupation, and residence 
 thereof, and the degrees taken by each; 
 noting from time to time, in a proper mar- 
 ginal column, the fact of death, suspension, 
 expulsion, or withdrawal, as the same may 
 occur. 
 
 7th. To attend the committees appointed 
 to audit the books and accounts of the Tem- 
 ple, and render such assistance as may be 
 necessary. 
 
 8th. To deliver up to his successor in 
 office, all books and papers appertaining to 
 his office, which may be in his possession. 
 
 0th. Generally to do and perform such 
 other acts as may be required of him by 
 the Temple, and by the laws and usages of 
 the order. 
 
 He shall receive for his services such com- 
 pensation as the Temple may determine. 
 
 10th. To keep accurate minutes of the 
 Temple in a book for that purpose. 
 
 ARTICLE V. 
 
 Section 1. It shall be the duty of the 
 Treasurer — 
 
 1st. To receive from the Secretary all 
 moneys due the T. 
 
 2d. To pay all orders drawn upon the 
 funds in his hands, when properly atr 
 tested. 
 
 3d. To have his books and accounts ready 
 for settlement at the expiration of his term 
 of office, and open for inspection by the 
 officer of the T., or a committee appointed 
 for that purpose, at all times. 
 
 4th. To deliver to his successor in office, 
 at the expiration of his term of office, re- 
 signation thereof, or removal therefrom, all 
 moneys remaining in his hands, and all 
 books and papers pertaining to his office. 
 I To give bond with two sureties, condi- 
 
310 
 
 TREASON TSIALS AT INDIANAPOLIS. 
 
 tioned upon the faithful discharge of his 
 duties, as the T. inay require. 
 
 Sec. 2. The terms of three months shall 
 commence February 22d of each year. 
 
 ARTICLE TI. — MEMBERSHIP. 
 
 Section 1. S. L . Any white male 
 
 person, of good moral character, above the 
 age of eighteen years, being proposed by 
 one, and vouched for by two members in 
 
 good standing, may receive the S. L 
 
 lesson of this order. 
 
 Sec. 2. "When the name of a candidate is 
 proposed for . membership, it shall be refer- 
 red to a committee of three, appointed by 
 the Gr. S. ; said committee to report on such 
 proposition at the next regular meeting of 
 the Temple, and no balloting for member- 
 ship to take place until the committee report 
 as aforesaid. 
 
 Sec. 3. First degree members must be ad- 
 vanced in accordance with provisions laid 
 down in the ritual of the second and third 
 
 Sec. 4. All candidates for degrees must 
 be balloted for. One negative vote lays the 
 application over one week; two negative 
 votes, for three months; three negative 
 votes disposes of it finally, unless recon- 
 sidered. 
 
 Sec. 5. A member changing his residence, 
 wishing to withdraw from one T. and unite 
 with another, shall be entitled to receive a 
 certificate of membership, which, being 
 filed with his application, if found worthy, 
 shall be transferred, by vote of the T., at 
 his new residence. 
 
 Sec. 6. No T. is permitted to receive ap- 
 plications from persons not residents of the 
 county in which the T. is located, and all 
 applications must be made to the T. nearest 
 to the applicant's residence. — Ses. of O. C. 
 
 Sec 7. An expelled member can only be 
 reinstated by the consent of the Temple 
 from which he was expelled. 
 
 Sec. 8. If a person is proposed for mem- 
 bership and elected, and previous to initia- 
 tion the Temple obtains information of bad 
 conduct, it may refuse to initiate. 
 
 article VIL — FEES AND DUES. 
 
 Section 1. The fee for the first or branch 
 T. degree, shall be one dollar; the fee for 
 the second shall be one dollar and fifty 
 cents; and the fee for the third shall be 
 two dollars and fifty cents. 
 
 Sec. 2. The monthly dues for each and 
 every member, shall not be less than ten 
 nor more than fifty cents. 
 
 LAWS OF general APPLICATION. 
 
 1st It shall be the duty of every member 
 of this order, when possessed of any infor- 
 mation touching the improper demeanor of 
 a brother, to file written complaint with his 
 immediate Gr. S. or C, and shall make it 
 known to no other person, and it shall be 
 the duty of such offlcer specifying the 
 
 charge in regular meeting of T., withhold- 
 ing name of the informant, appoint com- 
 mittee of five to examine and report upon 
 such charge,' and, if upon report of com- 
 mittee, such charge shall be sustained by 
 said T., then said accused shall be notified 
 to appear, and shall be regularly tried by 
 theT., said committee conducting the pro- 
 secution, and accused shall have counsel in 
 his behalf, witnesses may be examined, and 
 testimony of those not members of the 
 order may be taken, but not ex parte. 
 
 Upon fair hearing the T. shall decide 
 upon his guilt and punishment, which shall 
 not be higher than expulsion from the 
 order. The various grades of punishment 
 shall be reprimand, stispension for a time, 
 and expulsion. 
 
 2d. It shall be the duty of all T.'s, in case 
 of expulsion of a member or members, to 
 notify the Gr. Sec. by letter ; and it shall be 
 the duty of said Gr. Sec. to notify all T.'s in 
 this jurisdiction of said fact. 
 
 Visitinff Brothers. 
 3d. It shall be the duty of the presiding 
 officer of each and every T., whenever ne- 
 cessary, to appoint two competent brothers 
 an examining committee for the evening; 
 for no visiting brother can be admitted to 
 the T., unless he shall be known, recognized 
 by the officers, vouched for by a brother, or 
 proved by the committee so appointed. 
 
 Payment of Assessments. 
 
 4th. It shall be the duty of each and 
 every P. T. in the State, to remit to the Gr. 
 Sec. such amounts as the G. Council shall 
 levy against them, promptly, upon the ap- 
 plication of the G. Sec, and in case of fail- 
 ure so to do for a period of three months, 
 such P. T. shall forfeit their organization. 
 
 We recommend the Constitution of the 
 Society of the lUini, for all public clubs; 
 and the rules of order, adopted by the Gr. 
 Council, for the government of all subor- 
 dinate 'T.'s in Indiana. 
 
 5th. Any additional by-laws may be made 
 by each County Temple, not inconsistent 
 with the laws of the Grand Council, by a two- 
 thirds vote of the members of such temple, 
 four weeks notice being given therefor. 
 
 RULES OP ORDER. 
 
 1st. "When the presiding officer takes the 
 chair, the officers and members shall take 
 their respective seats; and at the sound of 
 the gavel there shall be a general silence, 
 under the penalty of a public reprimand. 
 
 2d. The business of the annual meetings 
 shall be taken up in the following order : 
 
 Temple opened ; 
 
 Officers' roll called ; 
 
 Minutes of last stated and intervening 
 meetings read and passed upon; 
 
 Certificates of members; 
 
 Reports of Temples; 
 
 Reports of Committees ; 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 311 
 
 Unfinished business ; 
 
 New business. 
 
 3d. The presiding oflBcer shall preserve 
 order and decorum, and pronounce the de- 
 cision of the Temple on all subjects; he 
 may speak to points of order in preference 
 to other members, rising from his seat for 
 that purpose; he shall decide questions of 
 order without debate, unless elitertaining 
 doubts on the point, subject to an appeal to 
 the Temple by any two members, on which 
 appeal no member shall speak more than 
 once. 
 
 4th. No member shall disturb another in 
 his speech, unless to call him to order, nor 
 . stand up to interrupt him, nor when a mem- 
 ber is speaking, pass between him and the 
 chair, or leave the hall. 
 
 5th. Every member when he speaks shall 
 rise and respectfully address the chair, and 
 when he has finished shall sit down. Mem- 
 bers speaking shall confine themselves to 
 the question under debate, and avoid all 
 personality or indecorous language, as well 
 as any reflection upon the Temple or its 
 members. 
 
 6th. If two or more members rise to 
 speak at the same time, the chair shall de- 
 cide which is entitled to the floor. 
 
 7th. No member shall speak until he has 
 been recognized by the chair. 
 
 8th. No member shall speak more than 
 once on the^ame subject or question, until 
 all the members, wishing to speak, shall 
 have had an opportunity to do so, nor more 
 than twice without permission of the T. 
 
 9th. If a member, while speaking, be 
 called to order by the chair, he shall cease 
 speaking, and take his seat until the 
 question of order is determined, and per- 
 mission is given him to proceed. 
 
 10th. No motion shall be subject to de- 
 bate until it shall have been seconded, and 
 stated by the chair, and it shall be reduced 
 to writing if desired by any member. 
 
 11th. When a question is before the T., 
 no motion shall be received except for ad- 
 journment — the previous question — to lie 
 on the table — to postpone indefinitely — to 
 postpone to a certain time — to divide— .-to 
 commit or amend ; which motions shall 
 severally have preference in the order here- 
 in arranged. 
 
 12th. On the call of five members, the 
 previous question shall be put. The pre- 
 vious question having been ordered, all 
 further amendments and debates shall be 
 
 Erecluded, but the amendments that have 
 een previously offered shall be voted upon 
 in their order before the main question. 
 
 13th. When a blank is to be filled, and 
 diflferent sums, numbers, or times shall be 
 proposed, the question shall first be taken 
 upon the highest sum or number, and long- 
 est or latest time. 
 
 14th. No motion for reconsideration shall 
 be received unless moved by a member 
 
 who voted in the majority in the first in- 
 stance. 
 
 15th. Any member may excuse himself 
 from serving on any committee at the time 
 of his appointment, if he is then a member 
 of one other committee. 
 
 16th. The person first named on a com- 
 mittee shall act as chairman thereof until 
 another is chosen by themselves. 
 
 17th. The consequences of a measure may 
 be reprobated in strong terms; but to ar- 
 raign the motives of those who propose or 
 advocate it, is a personality and against 
 order. 
 
 18th. While the chair is putting a ques- 
 tion or addressing the Temple, or whilst 
 any other member is speaking, no member 
 shall walk about or leave the Temple, or 
 entertain private discourse. 
 
 19th. No motion can be made by one 
 mernber while another is speaking; and no 
 motion can be made without rising and ad- 
 dressing the chair. 
 
 20th. The chair, or any member, doubting 
 the decision of the question, may call for a 
 division of the Temple, and a count of the 
 affirmative and negative vote. 
 
 21st. All reports of committees shall be 
 made in writing. 
 
 22d. Any member has a right to protest, 
 and to have his protest spread upon the 
 journal. — C. M. 
 
 23d. Motions for adjournment, the pre- 
 vious question, to lie on the table, and to 
 postpone indefinitely, shall be put without 
 debate. 
 
 24th. Any of these rules may be dis- 
 pensed with by a vote of two-thirds of the 
 members present. 
 
 CONSTITUTION OF THE GRAND COUN- 
 CIL OF S. L. OF INDIANA. 
 
 AETICLE I 
 
 Section 1. This body derives and exer- 
 cises its power and authority from and by 
 virtue of authority vested in it by the Su- 
 preme Grand Council of the United States. 
 
 Sec. 2. The members of this G. C. shall 
 consist of Eeprescntatives duly elected and 
 commissioned by the various County Tem- 
 ples. Each County Temple shall be enti- 
 tled to two Eepresentatives ; and for each 
 one thousand members one additional 
 Bepresentative. 
 
 Sec 3. The legislative functions of this 
 body shall be vested in such Eepresenta- 
 tives duly chosen and commissioned, and 
 the elective officers of this G. C. 
 
 Sec. 4. All such Eepresentatives and Mil- 
 itary Officers, so accredited, shall be enti- 
 tled to receive the sign of the G, C. 
 
 Sec. 5. Eepresentatives shall be elected 
 at any regular meeting, prior to the 22d 
 
312 
 
 TREASON TKIALS AT ■ INDIANAPOLIS. 
 
 day of February, in each year, and hold 
 their office during the term of one year, or 
 during the pleasure of the County T. 
 
 AETICLE IL 
 
 Sec. 1. The elective officers of this G. C. 
 shall consist of the following, who shall be 
 elected at or prior to the annual meeting, 
 held on the 22d day of February, in each 
 year, viz.: G. C; Dep. G. G; G. Sec.;'G. Treas.; 
 G. 0. to S. G; one Maj. Gen'l for each mili- 
 tary district, prescribed by law. 
 
 Sec. 2. The appointed officers of this G. 
 body shall be, one Grand Marshal, one 
 Grand Conductor, one Grand Chaplain, one 
 Grand Warden bf the Council, one Grand 
 Warden of the O. C. 
 
 Sec. 3. The members of the G. Com. staff, 
 and all military officers above the rank of 
 Colonel, shall be ex officio members of this 
 G. C, and entitled to the sign and to partici- 
 pate in its deliberations. 
 
 Sec 4. When upon a call for a vote by 
 counties, all shall be excluded save the 
 duly elected Representatives, and in case 
 of a tie vote the G. Com. presiding shall 
 give the casting vote. 
 
 ARTICLE III. 
 
 Section I. This G. C. shall have the sole 
 right to, determine its own membership, 
 and may exclude any one, ■ representative 
 or otherwise, who shall be convicted of in- 
 decorous deportment, or any dishonorable 
 act. Provided, That no punishment higher 
 than reprimand shall be infficted, expul- 
 sion from this Order being reserved to the 
 County Temples. 
 
 Sec. 2. There shall be chosen, annually, 
 the Grand Commander, and two additional 
 members of this body, delegates to the S. 
 G. C, to whom the G. Secretary shall issue 
 certificates of election, with the seal of the 
 Council. — Law of S. G. C. 
 
 Sec. 3. The meetings of this G. C, regu- 
 lar and special, shall be held at such time 
 and place as may be fixed by law. 
 
 Sec 4. All elections shall be by ballot, 
 and a majority of all the votes given shall 
 be necessary to constitute a choice. When 
 there are more than two candidates for 
 any office, the lowest of such candidates, 
 at each ballot, after the first, shall be 
 dropped, and all votes that may be given 
 for such candidate or candidates thereafter, 
 shall not be counted. In the event of a 
 tie between two candidates for the same 
 office, for two successive ballotings, the 
 election shall be decided by lot. 
 
 AETICLE IV. — DUTIES OF GRAND OFFICERS. 
 
 Section 1. The G. C. shall have and exer- 
 cise a general supervision of the Order in 
 the State of Indiana. He shall preside at 
 all meetings of the Grand Council, at 
 Which he may be present, preserve order, 
 and cause the Constitution and Laws to be 
 
 strictly observed. His decision on all 
 points not provided for in the Constitution 
 or General Laws, shall be conclusive, unless 
 reversed bjc the Grand Council of Indiana, 
 or the S. G. C. of the United States, upon 
 appeal thereto. He shall give the casting 
 vote, in case of an equal division, upon all 
 questions arising in the Grand Council, ex- 
 cept on appeals from his own decision; and 
 in all elections of officers, he shall be enti- 
 tled to vote only as other members. He 
 shall not be entitled to participate in any 
 discussions in the Grand Council, except in 
 committee of the whole, or upon questions 
 of order and appeals from his decision. He 
 shall sign all orders drawn on the Grand 
 Treasurer, and all other documents which 
 may require his signature. He shall fill all 
 official vacancies not otherwise provided 
 for. He shall appoint all committees, ex- 
 cept when the nomination and appoint- 
 ment thereof shall be reserved by the 
 Grand Council. He shall have power and 
 authority to grant dispensations for confer 
 ring degrees in the institution of new Tem- 
 ples, and for the purpose of qualifying 
 officers thereof, during the first six months; 
 and for all other matters unprovided for, 
 wherein immediate action is necessary. 
 He shall have power to call special meet- 
 ings of theGrand Council, orof any subordin- 
 ate Temple, whenever he may deem it ne- 
 cessary for the good of the Order so to do. 
 He shall, from time to time, give informa- 
 tion, etc. 
 
 Sec 2. The Dep. G. C. shall assist the 
 G. G, and in his absence perform his du- 
 ties. 
 
 Sec 3. The Grand Secretary shall keep a 
 journal of the proceedings of this body, 
 and money accounts, shall receive aU 
 moneys and pay the same to the Treasurer, 
 taking his receipt therefor. He shall attest 
 all dispensations granted, and commissions 
 issued, by the G. Commander. He shall trans- 
 mit an annual reportof the state of the order 
 in Indiana, to the S. G. C. of the United States, 
 in such form as the said S. G. C. may direct 
 He shall receive all documents for the G. 
 C, and immediately submit the same to the 
 G. Commander. He shall, under the super- 
 vision of the G. Com., conduct the corre- 
 spondence of the G. C. He shall, when so 
 directed, summon the Eepresentatives to 
 attend its special meetings. He shall pre- 
 pare and procure the signatures of the offi- 
 cers to all charters that may be granted by 
 the G. C. He shall, whenever notified, 
 attend any committee of the Grand Coun- 
 cil, and furnish such official papers and doc- 
 uments as may be required. He shall have 
 the custody of the Grand Seal, and perform 
 such other duties as may be prescribed in 
 this Constitution, or the Laws of the Grand 
 Council. He shall receive for his services, 
 annually, the sum of eight hundred dollars; 
 and shall give such bond and security for 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 313 
 
 the faithful performance of his duties, as 
 the Grand Council may require. 
 
 Sec. 4. The Gr. Ti-easurer shall have charge 
 of the funds, and all other property or evi- 
 dence of title belonging to, or held in trust 
 by the Grand Council, which may be placed 
 in his hands. He shall keep correct ac- 
 counts of all moneys which he may receive 
 from the G. Secretary, and from all other 
 sources, and pay all orders drawn upon the 
 funds in his hands, by the Grand Com- 
 mander, when attested by the G. Secretary. 
 He shall, whenever notified, attend any 
 committee . of the Grand Council, and 
 furnish such books and papers in his posses- 
 sion as may be required. At the expiration 
 of his term of office, or after resignation 
 thereof, or removal therefrom, he shall 
 make full settlement with the Finance 
 Committee, and deliver to his successor in 
 office, all moneys, books, bonds, vouchers 
 and documents, and property, belonging to, 
 or held in trust by the Grand Council, which 
 may be in his possession. Before entering 
 upon his duties, he shall give such bond 
 and secui'ity as may be required by the 
 Grand Council. 
 
 Sec. 5. Other appointed officers shall 
 perform the ordinary duties of their offices, 
 as prescribed by custom or law. 
 
 Sec. 6. Any amendment to this Constitu- 
 tion may be made at any regular meeting 
 of this G. C, by giving one day's- notice, in 
 writing, and receiving a majority vote of the 
 members present. 
 
 Sec 7. All elective officers shall take the 
 following prescribed oath of office before 
 entering upon their duties, viz. : 
 
 Official Oath. 
 
 I, , having been elected by 
 
 to the office of in , do, in the 
 
 presence of God and these witnesses, 
 solemnly swear to maintain the Constitu- 
 tion and Laws of this Order ; obey all right- 
 ful orders emanating from superior author- 
 ity, and to perform the duties which have 
 
 been devolved upon me, as , to the 
 
 best of my abiUty, so help me God. 
 
 RULES OF ORDER. 
 
 1st. When the presiding officer takes the 
 chair, the officers and members shall take 
 their respective seats; and at the sound of 
 the gavel there shall be a general silence, 
 under the penalty of a public reprimand. 
 
 2d. The business of the annual meetings 
 shall be taken up in the following order : 
 
 Temple ojJfened ; 
 
 Officers' roll called ; 
 
 Minutes of last stated and intervening 
 meetings read and passed upon; 
 
 Certificates of members; 
 
 Reports of Temples; 
 
 Eeports of Committees ; 
 
 Unfinished business ; 
 
 Kew business. 
 
 3d. The presiding officer shall preserve 
 order and decorum, and pronounce the de- 
 cision of the Temple on all subjects; he 
 may speak to points of order in preference 
 to other members, rising from his seat for 
 that purpose; he sliall decide questions of 
 order without debate, unless entertaining 
 doubts on the point, subject to an appeal to 
 the Temple by any two members, on which 
 appeal no member shall speak more than 
 once. 
 
 4th. No member shall disturb another in 
 his speech, unless to call him to order, nor 
 stand up to interrupt him, nor wlien a mem- 
 ber is speaking, pass between him and the 
 chair, or leave the hall. 
 
 5th. Every member when he speaks shall 
 rise and respectfully address the chair, and 
 when he has finished shall sit down. Mem- 
 bers speaking shall confine themselves to 
 the question under debate, and avoid all 
 personality or indecorous language, as well 
 as any reflection upon the Temple or its 
 members. 
 
 6th. If two or more members rise to 
 speak at the same time, the chair shall de- 
 cide which is entitled to the floor. 
 
 7th. No member shall speak untU. he haa 
 been recognized by the chair. 
 
 8th. No member shall speak more than 
 once on the same subject or question, untE 
 all the members, wishing to speak, shall 
 have had an opportunity to do so, nor more 
 than twice without permission of the T. 
 
 9 th. If a member, while speaking, be 
 called to order by the chair, he shall cease 
 speaking, and take his seat until the 
 question of order is determined, and per- 
 mission is given him to proceed. 
 
 10th. No motion shall be subject to de- 
 bate until it shall have been seconded, and 
 stated by the chair, and it shall be reduced 
 to writing if desired by any member. 
 
 11th. When a question is before the T., 
 no motion shall be received except for ad- 
 journments—the previous question — to lie 
 on the table — to postpone indefinitely — to 
 postpone to a certain time — to divide — to 
 commit or amend; which motions shall 
 severally have preference in the order here- 
 in arranged. 
 
 12th. On the call of five members, the 
 previous question shall be put. The pre- 
 vious question having been ordered, all 
 further amendments and debates shall be 
 precluded, but the amendments that liave 
 been previously offered shall be voted upon 
 in their order before the main question. 
 
 13th. When a blank is to be filled, and 
 different sums, numbers, or times shall be 
 proposed, the question shall first be taken 
 upon the highest sum or number, and long- 
 est or latest time. 
 
 I4th. No motion for reconsideration shall 
 be received unless moved by a member 
 who voted in the majority in the first .in- 
 stance. 
 
314 
 
 TREASON TRIALS AT INWAIfAPOLIS. 
 
 15th. Any member may excuse himself 
 from serving on any committee at the time 
 of his appointment, if he is then a member 
 of one other committee. 
 
 16th. The person first named on a com- 
 mittee shall act ' as chairman thereof until 
 another is chosen by themselves. 
 
 17th. The consequences of a measure may 
 Be reprobated in strong terms; but to ar- 
 raign the motives of those vrho propose or 
 advocate it, is a personality and against order. 
 
 18 th. While the chair is putting a ques- 
 tion or addressing the Temple, or whilst 
 any other member is spealiing, no member 
 shall walk about or leave the Temple, or 
 entertain private discourse. 
 
 19 th. No motion can be made by one 
 member while another is speaking ; and no 
 motion can be made without rising and ad- 
 dressing the chair. 
 
 20th. The chair, or any member, doubting 
 the decision of the question, may call for a 
 division of the Temple, and a count of the 
 aflfirmative and negative vote. 
 
 21st. All reports of committees shall be 
 made in writing. 
 
 22d. Should any committee be appointed 
 at one session of the Grand Council, to re- 
 
 Eort at the next succeeding session, it shall 
 e the duty of such committee to report in 
 writing, even though they be not Eepresen- 
 tatives. 
 
 23d. Any member has a right to protest, 
 and to have his protest spread upon the 
 journal — C M. 
 
 24th. Motions for adjournment, the pre- 
 vious question, to lie on the table, and to post- 
 pone indefinitely, shall be put without de- 
 bate. 
 
 25th. Any of these rules may be dis- 
 pensed with by a vote of two-thirds of the 
 members present. 
 
 CONSTITUTION AND LAWS OF THE 
 
 Si 6i Ci 
 
 Section 1. This organization shall be 
 known as the S. L. 
 
 Sec. 2. Its object and purposes are the 
 maintenance of constitutional freedom and 
 State rights, as recognized and established 
 by the founders of our Republic. 
 
 Sec. 3. The system of government of this 
 order shall be vested in a Supreme Council 
 of the States, a Grand Council of each 
 State, and Parent and Branch Temples of 
 each county. 
 
 Sec. 4. The officers of the Supreme Coun- 
 cil shall consist of a Supreme Commander, 
 Secretary of State of the Order, Treasurer, 
 and Clerk of the Council, who shall be an- 
 nually elected by the Supreme Council, on 
 ,the twenty-second day of February, and 
 shall bold their offices until their successors 
 are duly elected and qualified. 
 
 Sec. 5. The Supreme Council shall be 
 
 composed of the Grand Commanders of the 
 several States and two delegates, who shall 
 be annually elected by the Grand Councils 
 of the respective States. Each delegate 
 shall be entitled to one vote, and when a 
 full delegation is not in attendance, those 
 present may cast the entire vote of the 
 State, and in all cases of a tie the presiding 
 officer shall have the casting vote. 
 
 Sec. 6. The Supreme Council shall meet on 
 the twenty-second day of February, of each 
 year, at such place as may be designated. 
 
 Sec 7. The Supreme Commander or three 
 Grand Commanders of States, may call 
 special sessions of the Supreme Council, at 
 such times and places as he or they may 
 deem expedient. 
 
 Sec. 8. The Supreme Commander shall 
 take an oath to observe and maintain the 
 principles of the order, before entering 
 upon the duties of his office, said oath to 
 be prescribed by law. He shall be the pre- 
 siding officer to the Supreme Council, and 
 charged with the execution of all laws en- 
 acted by it. He shall b6 commander-in- 
 chief of all military forces belonging to the 
 order, in the various States, when called 
 into actual service. He shall deliver a 
 message to each meeting of the Supreme 
 Council, showing the condition of the order, 
 and such recommendations as its interest 
 may demand. 
 
 Seo. 9. The Deputy Supreme Commander, 
 in case of death, absence, or resignation of 
 the Supreme Commander, shall exercise all 
 the powers and perform all the duties per- 
 taining to said office ; shall take the same 
 oath of office, and be chairman of the Com- 
 mittee on Military Affairs. 
 
 Sec. 10. The Secretary of State of the 
 Order shall be the chairman of the Com- 
 mittee on the State of the Order; shall 
 conduct all official correspondence of the 
 Supreme Council, and be the medium of 
 communication between the State and Su- 
 preme Councils ; he shall ascertain and 
 report at each annual meeting of the Su- 
 preme Council, the condition of the order 
 in each State, and make such recommenda- 
 tions as he may deem proper. 
 
 Sec U. The Treasurer shall be under 
 such regulations as may be prescribed by 
 law; shall be the custodian of all funds 
 belonging to the Supreme Council; shall 
 pay all oi-ders drawn upon him by the Clerk 
 and countersigned by the Supreme Com- 
 mander, or chairman of the Auditing Com- 
 mittee, and make, at each meeting, reports 
 showing the financial condition of the 
 order, and such recommendations as he 
 may deem expedient 
 
 Sec 12. All elections shall be by ballot, 
 and a majority of all the votes cast shall be 
 necessary to a choice ; Provided, That where 
 there is but one candidate, the election 
 may be viva voce. 
 
 Sec 13. That the Supreme Commander 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 315 
 
 administer the oath to all officers; and 
 Councilors take the oath at the Clerk's 
 desk. 
 
 GENERAL LAWS, 
 
 Section 1. A quorum of the Supreme 
 Council shall consist of a majority of the 
 States, in which State Councils shall have 
 been established. 
 
 Si:c. 2. Delegates from Territorial Councils 
 shall be entitled to a seat and a right to 
 speak in the Supreme Council, but no vote. 
 
 Sec. 3. The ordinance or constitution of 
 the Supreme Council shall be read at the 
 opening of each session, and to all new del- 
 egates. 
 
 Sec. 4. It shall be the duty of the Clerk 
 to count ond announce all votes of the 
 Council, as well when taken by count, as 
 by States or ballot 
 
 COXDITION OF THE ORDER AND EETENUES. 
 
 Sec. 5. The Secretaries of the various 
 State Councils are required to report to the 
 Secretary of the Supreme Council, during 
 the month of January of each year, for his 
 report at the annual sessions, the number 
 of brothers in the order, in their respective 
 States, and also the condition of their treas- 
 uries. 
 
 Sec. 6. The Treasurer of each State Coun- 
 cil shall pay over to the Treasurer of the 
 Supreme Council, in January of each year, 
 such sums as may be assessed upon them 
 by the Supreme Council, based upon esti- 
 mates of the Finance Committee. 
 
 Sec. 7. The Standing Committee upon 
 Finance shall be nominated by the Su- 
 preme Commander, and confirmed by a 
 vote of two-thirds of the Supreme Council 
 at each annual session ; and the two mem 
 hers unprovided for in the Sujireme Ordi- 
 nance, of each of the Committees on the 
 State of the Order and Finance, shall be 
 appointed and confirmed in like manner. 
 These committees shall report and recom- 
 mend at each annual and extra session. 
 
 EXTENSION OF THE ORDER. 
 
 Sec. 8. For the purpose of extending the 
 Order into States and Territories, where it 
 does not now exist, it is hereby declared 
 that full authority for this purpose, is vested 
 in the Supreme Commander, or duly quali- 
 fied Supreme Councilors in the following 
 manner, viz. : They may, at the instance of 
 five good men, in any State or Territory, in- 
 stitute County Temples, and when a suflB- 
 cient number of such County Temples have 
 been instituted, they may establish a State 
 Council, the duly elected delegates of which 
 shall be admitted to this Supreme Council 
 upon an equality with the organized States 
 or Territories. 
 
 FINANCE COMMITTEE. 
 
 Sec. 9. It shall be the duty of the Fi- 
 nance Committee, at each meeting, to audit 
 all accounts which shall be presented, and 
 
 to examine the books and accounts of the 
 Clerk and Treasurer, and report to the 
 Supreme Council. 
 
 MILEAGE AND PER DIEM. 
 
 Sec. 10. That for the purpose of defraying 
 the expenses of delegates to the Supreme 
 Council, it is hereby left to each State 
 Grand Council to fix, determine, and pay in 
 the manner and to the extent that such 
 State may determine. 
 
 Sec. 11. That the Treasurer of the Su- 
 preme Council shall, before entering upon 
 the duties of his office, take the oath re- 
 quired, and give bond in a sum double the 
 amount of funds likely to come into his 
 hands. 
 
 Sec. 12. The Clerk of the Supreme Coun- 
 cil shall keep an accurate journal of ail its 
 proceedings, draw orders on the Treasurer 
 for all claims that are presented and prop- 
 erly audited by the Finance Committee; 
 collect all dues from the States, receipt for 
 and pay the same over to the Treasurer, 
 and preserve and keep all records and 
 papers belonging to the Council. 
 
 Sec. 13. All laws and resolutions of the 
 Supreme Council shall be signed by the 
 Clerk, countersigned by the Supreme Com- 
 mander, and attested by the seal of the 
 order. 
 
 Sec. 14. The Standing Committees of the 
 Supreme Council shall consist of a Commit- 
 tee on Finance, a Committee on the State 
 of the Order, and a Committee on Military 
 Affairs. 
 
 Sec. 15. Delegates to the Supreme Coun- 
 cil, before entering upon the duties of their 
 office, shall take an oath to support and 
 maintain the principles- of the order. 
 
 Sec. 16. The government of the order in 
 the States shall be vested in a Grand Coun- 
 cil, composed of not less than one delegate 
 from each county, and a Grand Commander 
 and Deputy Grand Commander, elected by 
 said Councils, in such manner as they may 
 provide. 
 
 Sec. 17. The Grand Commanders shall be 
 the presiding officers of the Grand Councils 
 of the States, execute all laws passed by 
 such Councils, and shall be commanders-in- 
 chief of the military forces of their respec- 
 tive States. 
 
 Sec. 18. This Constitution shall be the 
 supreme law of the order, and may be 
 amended by a two-thirds vote of the Su- 
 preme Council. 
 
 PROCEEDIWO-S 
 
 OF THE 
 
 GEAND OOUNOIL OP THE STATE OF INDIANA, 
 At their Mating, Md on the ISlh and VTth o/ fed., 1864. 
 
 The within proceedings are published in 
 compliance with the following resolution : 
 
 "Besohcd, That the Grand Secretary pre- 
 pare and publish, in pamphlet form, the 
 
316 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 address of the Grand Commander, with 
 Buch part of the proceedings of the Grand 
 Council, as may be necessary for the infor- 
 mation of the County Temples, and send 
 one copy of said publication to each County 
 Temple." 
 
 CouKciLOKS : For the honor you have done 
 me, in fixing a time to hear my views and 
 suggestions in relation to this organization, 
 and general matters, I feel duly sensible, 
 and am only sorry that I am so illy pre- 
 pared to meet your expectations. 
 
 We are organized for a high and noble 
 purpose, the erection and consecration of 
 Temples to the service of true Eepublican- 
 ism; altars upon which we may lay our 
 hands and hearts with the invocation, "God 
 of our Fathers." Well may we call upon 
 the God of truth, justice, and human 
 rights, in our eflEbrts to preserve what the 
 great wisdom and heroic acts of our fathers 
 achieved. 
 
 This, my friends, is no -small undertak- 
 ing — ^requiring patience, fortitude, patriot- 
 ism, and a self-sacrificing disposition from 
 each and all, and may require us to hazard 
 life itself, in support and defense of those 
 great cardinal principles which are the 
 foundation stones of the State and Federal 
 Governments. It is the boast of those who, 
 for long centuries, have fostered and kept 
 alive brotherly love and mutual protection, 
 among, not only the civilized, but in some 
 degree the semi-barbarous nations of the 
 earth, that they have attained now apparent 
 great results, through trials, tribulations, 
 long suffering and persecutions. So, too, 
 the worshipers of God, be they Jew or Gentile, 
 claim to more distinctly merit an identity 
 and name, in consequence of the immi- 
 nent perils and innumerable conflicts, which 
 have been thrown in their way to impede 
 their progf ess. So may we, and doubtless 
 will, point with pride to our present troubles, 
 in the future, to prove our great worth. 
 This great brotherhood is entitled now to 
 the respect of mankind, for the part it en- 
 acted in the period anterior to the Eevolu- 
 tion of 1776. Through it the Declaration 
 was made, and the independence of the 
 States achieved. This alonewould endear it 
 to every patriot heart, to every lover of re- 
 publican institutions; if its history should 
 stop here, when its operations were sus- 
 pended, it were certainly enough — ^but still 
 more glorious, superlatively brilliant, will 
 be its history, when reinstated as it now is, 
 it shall restore to this great people their 
 fireside rights, a pure elective franchise, and an 
 untrammded judiciary; when fanatical usurp- 
 ers and would-be tyrants and dictators are 
 swept away with the rubbish that has been 
 thrown to the surface in these extraordin- 
 ary times ; when once more the governing 
 principle shall be the will of the governed 
 expressly declared; when no more power 
 Bhall be exercised than is or has been de- 
 
 rived from the people, thfe legitimate source 
 of all power. 
 
 The great principle now in issue, is the 
 centralization of power, or the keeping it 
 diffused in State sovereignty, as it is by the 
 organic laws, constituting States and form- 
 ing the General Government. 
 
 The creation of an empire, or republic, or 
 the reconstruction of the old Union, by 
 brute force, is simply impossible. The lib- 
 eration of four million blacks, and putting 
 them upon an equality with the whites, is a 
 scheme which can only bring its authors 
 into shame, contempt and confusion. No 
 results of this enterprise will ever be reat 
 ized beyond the army of occupation. 
 
 It is not the part of wisdom, for those 
 who have in hand the noble work of pre- 
 serving the States from ruin, and the races 
 from intermixture, to base their action upon 
 any incident or accident, or upon any sup- 
 posed termination of our present troubles. 
 He who changes his views upon victory or 
 defeat, is but a poor soldier for a long cam- 
 paign against the mass of error, corruption 
 and crime, now thickly spread over and 
 through the body politic, and to an alarm- 
 ing extent influencing the action of the 
 American mind. 
 
 But, shall we stand aloof from political 
 alliances,' and seek in our own way to assist 
 in the needful reformation ? Shall we rely 
 entirely upon ourselves ? By no means — 
 when the great end in view can be in the 
 least degree promoted, we should not hesi- 
 tate to lend our aid and support; but care 
 should be taken that no uncertain path, or 
 devious ways, be entered upon. 
 
 Let me speak plain — our political affinity 
 is unquestionably with the Democratic 
 party, and if that organization goes boldly 
 to the work, standing firmly upon its time- 
 honored principles^ maintaining unsullied 
 its integrity, it is safe to presume that it 
 will receive the moral and physical support 
 of this wide extended association. 
 
 The great boast of the Democratic party 
 has been, that it has met and beaten back 
 the party of centralization, since the forma- 
 tion of the Union ; and, although it has 
 never ordained any principles in regard to 
 the status of the inferior races, it has at all 
 times strictly adhered to the doctrine of 
 making it a purely local matter, and leaving 
 to the States, by the exercise of their re- 
 served powers, to regulate it as a domestic 
 institution; the maintainance of this doc- 
 trine, in its intendment and general operar 
 tions, must be satisfactory to the entire 
 brotherhood. Let no one say we will thus 
 be subservient to a party; rather will we be 
 subservient to_the demands of our country, 
 and the cause In which we have enlisted. 
 
 There need be no apprehension that a 
 war of coercion will be continued by a Dem- 
 ocratic administration, if placed in control 
 of public affairs, for with the experience of 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 317 
 
 the present one, which has for three years, 
 with the unlimited resources of eighteen 
 millions of people, in men, money and ships, 
 won nothing but its own disgrace, and prob- 
 able downfall, it is not lilcely that another, 
 if it values public estimation, will repeat 
 the experiment. 
 
 Neither have we any reason to fear that 
 the Democratic party, in shaping the can- 
 vass of 1864, will go out of its way to insult 
 five hundred thousand of those whose 
 votes are necessary to its success; let us 
 rather incline to the belief that all the ele- 
 ments of opposition can and will be united, 
 with no sacrifice of principle or manhood, 
 to crush out this one now in power. 
 
 A mere change of men will avail nothing, 
 without corresponding action. Men, states- 
 men, and executive officers, exhort people 
 to patience and long suffering, and while 
 condemning Federal usurpation, yield obe- 
 dience to all its demands. In the estima- 
 tion of the membership of this organization, 
 such men and such governors, be they of 
 what party they may, must be regarded as 
 enemies to good government. 1 trust I 
 may be pardoned if I give a few examples 
 to illustrate. 
 
 If this people can not excuse the Federal 
 Executive for exercising undue and unwar- 
 ranted power, toward breaking down their 
 rights, derived from the force of their State 
 Governments, how shall they palliate the 
 offense of Governor Seymour, in violating 
 his obligations in allowing it to be done in 
 the great State of New York ? This Gover- 
 nor becomes accessory after the fact, and is 
 alike worthy of public condemnation. Do 
 you tell me it is a necessity to thus sub- 
 serve the Washington usurpers ? In God's 
 name, do not tell mo that it is a necessity 
 , to be forsworn, to violate the plainest pro- 
 visions of the Constitution, to consign a 
 people to a slavish subserviency to the will 
 of one man. You may tell me that itis rather 
 a necessity to give up place, aye, to give up 
 life itself. Because the punishment of 
 these crimes against law and the people, 
 being impeachment, and lodged with legis- 
 lative homes, that will not execute it, they 
 are nevertheless offenses, and will be so ad- 
 judged hereafter, when healthy restraints 
 of law shall be demanded to protect life 
 and property. 
 
 The Democracy of Indiana, too, has made 
 a culprit of itself. A Senator, by the mean 
 and contemptible action of a majority of 
 the United States Senate, was wrongfully 
 and maliciously expelled from his seat. The 
 Legislature plainly acquiesced in this insult 
 to the State and the party, by refusing to 
 return him again. Again, our cherished 
 Vallandigham resides in exile, not so much 
 by the power of Lincoln, as the demands of 
 those who are controlling, or did control 
 the Democratic party in that State. 
 
 These things are of the past, shall they 
 
 be repeated in the future ? The great fear 
 is, that they will be, so long as this bugbear 
 of civil war shall continue to horrify other- 
 wise sensible people. My advice to you is, 
 look well to t!ie selection of men, upon 
 whom you devolve the functions of leaders. 
 This is no time to put forward men who 
 take counsel of their fears. 
 
 Will the exercise of an undoubted right, 
 an inalienable, an inherited, a constitutional 
 right, lead to conflict? Will opposition to 
 usurpers, to dictators, to tyrants, who have 
 broken down the safeguards of life and 
 property, lead to it? Then there is no es- 
 cape, save in dishonor, and the most potent 
 argument in favor of the permanency and 
 spread of this association lies in the fact, 
 that there are men who desire place and 
 those who desire peace and quiet upon such 
 terms. But who will bring conflict ? Who 
 will commence hostilities? Certainly not 
 those who are merely claiming their rights? 
 The conflict must then be commenced by 
 those who are in the wrong. Must a people, 
 therefore, continue to abase themselves, to 
 keep those whom they have placed in author- 
 ity from committing outrages upon them ? 
 This is the strange logic of the times. 
 
 This organization is based upon the prin- 
 ciple of conserving tlie government inaugu- 
 rated by the people, and bound to oppose a,Jl 
 usurpations of power. Now it so happens 
 that in the seventh year of its re-establish- 
 ment, we find our State and Federal Gov- 
 ■ernment overturned. Yes, 'tis true. Lin- 
 coln's government is an usurpation — Mor- 
 ton's government is an usurpation. Now I 
 know not what others may do, but for my- 
 self, I am willing the ballot box shall decide 
 who shall be the officers, under the law and 
 Constitution; but I shall obey them only so 
 far as they exercise their delegated powers. 
 I will not agree to remain passive, under 
 usurped authority, affecting my rights and 
 liberties. 
 
 Now, if the present condition can be 
 changed by the ballot, all will rejoice ; but 
 how will the ballot decide any thing, when 
 the dominant party of the country appeal 
 from it to force? No one will enter the con- 
 test to overturn this party, more cheerfully 
 than will I. But suppose it re-elects itself, 
 will it return to the Constitution and laws ? 
 Are all those who do not agree with them 
 to enter upon that delightful future, which 
 has been so often and boastfully predicted 
 by the Executive of this State, and many 
 of his appointees ? That future to you and 
 to me is death, confiscation of our property, 
 starvation of our children, the forced mar- 
 riage of our heirs to their new-made colored 
 brethren in arms. 
 
 If these men be prolonged in power, they 
 must either consent to be content to exer- 
 cise the power delegated by the people, or 
 by the gods they must prove themselves 
 physically the stronger. This position is 
 
318 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 demanded by every true 'member of this 
 fraternity, honor, life — aye, more than life, 
 the virtue of our wives and daughters de- 
 mand it; and if you intend to make this 
 organization of any practical value, you will 
 do one of two things — ^either take steps to 
 work the political regeneration of the party 
 with which we are affiliated, up to this 
 standard, or relying upon ourselves, deter- 
 mine at once our plan of action. 
 
 It 'might be asked now, shall men be 
 coerced to go to war, in a mere crusade to 
 free negroes, andterritorialaggrandizement? 
 Shall our people be taxed to carry forward 
 a war of emancipation, miscegenation, con- 
 fiscation, or extermination? 
 
 It would be the happiest day of my life, 
 if I could stand up with any considerable 
 portion of my fellow men and say, "Not an- 
 other dollar, not another man, for this ne- 
 farious war." But the views and suggestions 
 of exiled Vallandigham will be of greater 
 consequence to you than my own. He says 
 to you, the only issue now is peace or loar. 
 To the former he is committed, and can 
 not, will not retract. He tells us not to 
 commit ourselves to men. As well as he 
 loves, and much as he admires the little 
 hero McClellan, he would have the Chicago 
 Convention act with untrammeled freedom. 
 He reasons that the spring campaign will 
 be more disastrous to the Federal armies 
 than those heretofore made. That by July 
 the increased call for troops, the certainty 
 of a prolonged war, the rottenness of the 
 financial system, defection' of border State 
 troops, the spread and adoption of the 
 principles of this organization, will all tend 
 to bring conservative men to one mind. 
 
 He anticipates that the deliberations of 
 the Chicago Convention will no doubt be 
 harmonious, and that its nominees will 
 carry a majority of the adhering States — 
 thinks that Government, by the one-tenth 
 proclamation, will vote all seceded States, 
 and overcome us ; and says if this northern 
 people do not inaugurate the men thus 
 duly and legally chosen, they will be want- 
 ing in that manhood and spirit that should 
 characterize freemen. He' wishes it dis- 
 tinctly understood, although pressed from 
 various quarters, that he will not consent 
 to the use of his name before the conven- 
 tion for a nomination, but thinks, in case 
 we succeed, that he would be entitled to 
 have a place in the cabinet, (may he get it, 
 and not say like General Taylor, that he 
 has "no friends to reward and no enemies 
 to punish.") He counsels late action on 
 the part of State conventions ; thinks Ohio 
 is Called too soon — advising that Indiana 
 should have hers, say first of June. He 
 finally judges that the Washington power 
 will not yield up its power, until it is taken 
 from them by an indignant people, by force 
 of arms. He intimates that parties — men 
 and interests — ^ivill divide into two classes, 
 
 and that a conflict will ensue for the mas- 
 tery. 
 
 "(Sbn* of Liberty" arise! the day is rapidly 
 approaching in the which you can make 
 good your promises to your country. The 
 furnace is being heated that will prove 
 your sincerity — the hour for daring deeds 
 is not distant — let the watchword be on- 
 ward! And let the result bless mankind 
 with Eepublican Government, in this, our 
 beloved land, to their latest posterity. 
 
 Your Committee on Platform, having had 
 the subject of a platform to govern the ac- 
 tion of the various Councils of the State of 
 Indiana, beg leave to report the following, 
 which tliey recommend be adopted by this 
 Grand Council: 
 
 Whereas, A crisis has arisen in the his- 
 tory of the Federal Government in relation 
 to the rights of the States, whether delega- 
 ted or reserved; the manifest usurpations 
 of undelegated powers by the President; 
 the utter disregard of all Constitutional 
 guarantees of liberty, looking constantly 
 to the subjugation of the States and the 
 establishment of a Centralized Despotism, 
 already fill us with alarm for the cause of 
 civil Ubertyin America. And whereas, it 
 is due to those who differ with us in our 
 notions of right, as well as the mode and 
 measure of redress, to know where we 
 stand, we propose to declare to them frankly 
 our convictions and purposes in the pre- 
 mises ; therefore. 
 
 Resolved, That the right to alter or abol- 
 ish their Government, whenever it fails to 
 secure the blessings of liberty, is one of the 
 inalienable rights of the people, that can 
 never be surrendered ; nor is the right to 
 maintain a Government that does secure 
 the blessings of liberty less sacred and in- 
 alienable, therefore we declare that patriot- 
 ism and manhood alike enjoin upon us re- 
 sistance to usurpation as the highest and 
 holiest duty of freemen. 
 
 2. That the necessity of amendments to 
 the Articles of Confederation was suggested 
 by a prevailing insurrection ; its provisions 
 matured amidst the threatening elements of 
 civil war, and the Constitution tendered to 
 the thirteen sovereign' and independent 
 States by the wisdom of the age, and ac- 
 cepted by them as a fortress around the 
 liberties of the people, prescribing inflexi- 
 ble limits to the powers of the Government 
 in war as well as in peace, and no necessity, 
 however great, can warrant its violation by 
 any officer of the Government; and every 
 such infraction should be rebuked by the 
 sternest energy of our nature. 
 
 3. That the great purpose of the Constitu- 
 tion of the United States was the maintain- 
 ance of the principles of civil liberty. The 
 Union a means, formed in a spirit of mu- 
 tual concession, can only be restored and 
 perpetuated by an adherence to the prinoi- 
 
TllEASON TRIALS AT INDIANAPOLIS. 
 
 819 
 
 pies upon which it was founded, the vohin- 
 taryconsent of its members, and a scrupulous 
 observance of the rights of each other un- 
 der the Constitution; and that "war is dis- 
 union, final, irretrievable." 
 
 4. That wliile with just disdain we reject 
 the epithet of "peace at any price" as a 
 slander upon the true Democracy, and with 
 instinctive promptness protest against the 
 brutal doctrine of war for revenge, for plun- 
 der, or the debasement of our race to the 
 level of a negro, we do regard the restora- 
 tion of peace to our country, upon an hon- 
 orable adjustment of the issues involved in 
 this unholy and unnatural war, without 
 humiliation to either party, as rising above 
 all other considerations, and that in pon- 
 dering the terms of such settlement we 
 will look only to the peace and welfare of 
 our race. 
 
 5. That whatever the theory of the pow- 
 ers of the Federal Government to coerce a 
 State to remain in the Union may be, war 
 as a means of restoring the Union is a de- 
 lusion, involving a fearful waste of human 
 hfe, hopeless bankruptcy, and the speedy 
 downfall of the Republic. Therefore we 
 recommend a cessation of hostilities upon 
 existing facts, and a convention of the 
 sovereign States to adjust the terms of a 
 peace with a view to the restoration of the 
 Union, entire if possible; if not, so much 
 and such parts as the affinities of interest 
 and civilization may attract. 
 
 6. That there is a point at which submis- 
 sion merges the man in the slave, and re- 
 sistance becomes a duty. Wliether that 
 point, in the history of the times, has ar- 
 rived, may be debated ; but we will resist 
 by force any attempt to abridge the elec- 
 tive franchise, whether by introduction of 
 illegal votes, under military authority, 
 or the attempt by Federal officers to in 
 timidate the citizen by threats of oppres- 
 sion. 
 
 7. We reiterate and affirm the Virginia 
 and Kentucky Resolutions of 1798-99, as 
 embodying the true exposition of the Con- 
 stitution. 
 
 8 That we will support and maintain the 
 Constitution of the United States, and of the 
 State of Indiana, and of the laws enacted 
 under the same, as parsed by theproper legis- 
 lative authorities, and as expounded by the 
 proper judicial tribunals. 
 
 9. That we will maintain, peaceably if we 
 can, but forcibly if we must, the freedom 
 of speech, the freedom of the press, the 
 freedom of the person from arbitrary and 
 unlawful arrest, and the freedom of the 
 ballot box, from the aggression and violence 
 of every person or authority whatsoever. 
 And to these ends we hereby pledge to 
 each other, and to our brethren throughout 
 the United States and the State of Indi- 
 ana, our lives, our fortunes, and our sacred 
 honor. 
 
 REPOUT OF THE FINANCE COMMITTEE. 
 
 To the Grand Council of Indiana : 
 
 Your committee beg leave to submit to 
 this honorable body the following report: 
 
 It being of the greatest importance that 
 the Grand Council be amply provided with 
 tlic necessary means to meet the urgent de- 
 mands upon it, at this period of its organic 
 existence, and that without sufficient funds 
 in its treasury, no permanent or systematic 
 organization of the State can be effected, 
 would first urge upon every Parent Temple, 
 who has not already responded to the pre- 
 vious assessment of $20 00, made by the 
 Grand Council, on each county or Parent 
 Temple, the necessity of meeting that de- 
 mand without any further delay. And 
 second, that in order to provide an annual 
 fund for the use of this Grand Council, 
 that each county or Parent Temple be re- 
 quired to pay into the treasury of the 
 Grand Council, on the first Monday in May, 
 1864, and annually thereafter, until other- 
 wise ordered by the Grand Council, for 
 each member in the county who has re- 
 ceived the first degree, the sum of twenty 
 cents. This assessment to include all mem- 
 bers of the Sons of Liberty in each county 
 throughout the State, whether members of 
 the Parent Temple or the subordinate Tem- 
 ples throughout the townships. And they 
 would recommend that the demands of 
 the Supreme Council, on this Grand Coun- 
 cil, be paid out of the funds to be provi- 
 ded by the foregoing assessment. And 
 they would also recommend that the 
 Grand Treasurer be required to give bond 
 in double the amount of money that may 
 come into his possession, by virtue of his 
 office, conditioned for the faithful per- 
 formance of his duties — such bond to be 
 given to the Grand Commander, on or be- ' 
 fore the first day of May, 1864, and after- 
 ward upon entering upon the duties of 
 that office. 
 
 REPORT OF THE GRAND SECRETARY. 
 ]\r. E. Grand Commander: 
 
 In compliancewith the resolution adopted 
 by this body, I beg leave to submit the fol- 
 lowing report, showing the number of coun- 
 ties in the State that are organized; the 
 number in process of organization, and 
 the number of members in the organiza- 
 tion, so far as 1 have received reports : 
 
 Reports have been received from but 
 seventeen counties. "We have organized in 
 the State forty-one counties, and have in 
 process of organization ten additional coun- 
 ties, leaving the number of counties yet to 
 report their membership, thirty-four. 
 
 Judging from the reports received, I 
 place the membership in the State, at this 
 time, at least 12,000, not including the 
 membership in the other organizations in 
 the State, that work conjunctly with us. The 
 
320 
 
 TKBASON TBIALS AT INDIANAPOLIS. 
 
 following is a summary of the reports re- 
 ceived: Grant county reports 201 members 
 and 6 branches; Clay county reports 194 
 members and 3 branches ; Blackford coun- 
 ty reports 50 members and no branches ; 
 DeKalb county reports 34 members and no 
 branches; Harrison county reports 615 mem- 
 bers and 11 branches; Marshall county re- 
 ports 30 members and no branches; Wash- 
 ington county reports 1,100 members and 
 10 branches ; Allen county reports 40 mem- 
 bers and no branches; Brown county re- 
 ports 322 members and 4 branches ; Wells 
 county reports 51 members and no branches; 
 Vigo county reports 500 members and 5 
 branches; Fountain county reports 373 
 members and 10 branches; Sullivan county 
 reports 600 members andlObranches; Parke 
 county reports 533 members and 7 branches; 
 Marion county reports 75 members and 1 
 branch; Vermillion county reports 135 
 members and 8 branches; Vanderburg 
 county reports 200 members and no branch- 
 es. Showing a total membership, in the 
 counties reporting, of 5,053. 
 
 The above report does not include those 
 counties from whom have been received in- 
 telligence, unofficially, of their organiza- 
 tion, which would perhaps increase the 
 number of counties organized and in pro- 
 cess of organization to — say sixty-one. 
 
 The above reportis respectfully submitted. 
 
 Sesohed, That it is the instruction and 
 advice of this Grand Council to the differ- 
 ent temples of the State, that they proceed 
 forthwith and perfect a thorough organiza- 
 tion of their respective counties, and there- 
 by prepare themselves to carry into effect 
 any and every order of this body. 
 
 Sesohed, That the delegates present, re- 
 port the number of subscribers obtained. 
 
 or that can be obtained for the ConslUutionr 
 alist, the proposed organ of the order. 
 
 Reports on the above resolution gave as- 
 surance that the subscription hsts of the 
 Oonstitutionalisi should be immediately taken 
 in hand; and that at least 10,000 subscri- 
 bers could, and would be obtained. 
 
 At this meeting of the Grand Council, 
 thirty-one counties were represented, and' 
 there is no doubt, had it not been for 
 the extreme cold, every organized county 
 in the State would have been present 
 through their delegates. 
 
 The organization in this State is in its in- 
 fancy, and when we reflect that we have 
 succeeded in organizing, in the short space 
 of six months, over one-half the counties 
 in the State, and have a membership niun- 
 bering over 12,000, we have every reason to 
 feel encouraged for the future. ' 
 
 The organization is extending its influ- 
 ence, popularity, and usefulness daily, and 
 is already at work in the States of New 
 York, New Jersey, Pennsylvania, New 
 Hampshire, Connecticut, Ohio, Indiana, 
 niinois, Michigan, Delaware, Maryland, and 
 Missouri, and numbers in its membership 
 many of the noblest and most devoted 
 champions of civil and religious liberty, 
 rfemaining in our unhappy and distracted 
 country. 
 
 In conclusion, it is urged upon our friends 
 in the counties to work with untiring en- 
 ergy for the purpose of thorough organi- 
 zation. This is the first and only truly na- 
 tional organization the Democratic and 
 Conservative men of the country have 
 ever attempted, and we are assured that 
 through it, and it only, can the peace, bar. 
 mony and union of these States ever be 
 restored. 
 
OFFICIAL KEPORT 
 
 OF THE 
 
 JUDGE ADVOCATE GENERAL 
 
 ON THE 
 
 "ORDER OF AMERICAN KNIGHTS," 
 
 OB 
 
 "SONS OF LIBERTY." 
 
 A WESTERN CONSPIRACY IN AID OF THE SOUTHERN REBELLION. 
 
 21 
 
KEPORT. 
 
 Wae Depabtuent, Burratt of Military Jxistioe, ) 
 Washinoton, D. C, October 8, 18C4. j 
 
 Hon. JB. M. Stanton, Secretary of War : 
 
 Sm: Having been instructed by you to 
 prepare a detailed report upon the mass of 
 testimony furnished me from different 
 sources in regard to the Secret Associations 
 and Conspiracies against the Government, formed, 
 principally in the Western States, by trai- 
 tors and disloyal persons, I have now the 
 honor to submit as follows : 
 
 During more than a year past it has been 
 generally known to our military authorities 
 that a secret treasonable organization, affi- 
 liated with the Southern rebellion, and 
 chiefly military in its character, has been 
 rapidly extending itself throughout the 
 West. A variety of agencies, which will be 
 specified herein, have been employed, and 
 successfully, to ascertain its nature and ex- 
 tent, as well as its aims and its results; and, 
 as this investigation has led to the arrest in 
 several States of a number of its prominent 
 members as dangerous public enemies, it has 
 been deemed proper to set forth in full the 
 acts and purposes of this organization, and 
 thus to make known to the country at large 
 its intensely treasonable and revolution- 
 ary spirit. 
 
 The subject will be presented under the 
 following heads : 
 
 I. The origin, history, names, etc., of the 
 order. 
 
 II. Its organization and officers. 
 
 III. Its extent and numbers. 
 
 IV. Its armed force. 
 
 V. Its ritual, oaths, and interior forms. 
 VI. Its written principles. 
 VII. Its specific purposes and operations. 
 VIIL The witnesses and their testimony. 
 
 t — THE OBIOnf, HISTORY, NAMES, ETC., Or THE 
 ORDER. 
 
 This secret association first developed it- 
 self in the West in the year 1862, about the 
 period of the first conscription of troops, 
 which it aimed to obstruct and resist. Orig- 
 inally known in certain localities as the 
 "Mutual Protection Society," the "Circle of 
 Honor," or the "Circle," or "Knights of the 
 Mighty Host," but more widely as the 
 / "Knights of the Golden Circle," it was sim- 
 ply an inspiration of the rebellion, being 
 little other than an extension among the 
 disloyal and disaffected at the North of the 
 association of the latter name, which had 
 existed for some years at the South, and 
 from which it derived all the chief features 
 of its organization. 
 
 During the summer and fall of 1863 the 
 order, both at the North and South, under- 
 went some modifications as well as a change 
 of name. In consequence of a partial ex- 
 posure which had been made of the signs 
 and ritual of the "Knights of the Golden 
 Circle," Sterling Price had instituted as its 
 successor in Missouri a secret political asso- 
 ciation, which he called the " Corps de Bel- 
 gique," or " Southern League;" his principal 
 coadjutor being Charles L. Hunt, of St. 
 Louis, then Belgian Consul at that fity, but 
 whose exequatur was subsequently revoked 
 by the President on account of his disloyal 
 practices. The special object of the Corps 
 de Belgique appears to have been to unite 
 the rebel sympathizers of Missouri, with a 
 view to their taking up arms and joining 
 Price upon his proposed grand invasion of 
 that State, and to their recruiting for his 
 army in the interim. 
 
 Meanwhile, also, there had been insti- 
 tuted at the North, in the autumn of 1863, 
 by sundry disloyal persons — prominent 
 among whom were Vallandigham and P. C. 
 Wright, of New York — a secret order, in- 
 tended to be general throughout the coun- 
 try, and aiming at an extended influence 
 and power, and at more positive results 
 than its predecessor, and which was termed, 
 and has since been widely known as the 0. / 
 A. K., or "Order of American Knights." 
 
 The opinion is expressed by Colonel San- 
 derson, Provost Marshal General of the De- 
 partment of Missouri, in his official report 
 upon the progress of this order, that it was 
 founded by Vallandigham during his ban- 
 ishment, and upon consultation at Eich- 
 mond with Davis and other prominent trai- 
 tors. It is, indeed, the boast of the order in 
 Indiana and elsewhere, that its "ritual" 
 came direct from Davis himself; and Mary 
 Ann Pitman, formerly attached to the com- 
 mand of the rebel Forrest, and a most in- 
 telligent witness — whose testimony will be 
 hereafter referred to — states positively that 
 Davis is a member of the order. 
 
 Upon the institution of the principal or- 
 ganization, it is represented that the "Corps 
 de Belgique" was modified by Price, and 
 became a Southern section of the Order of 
 American Knights, and that the new name 
 was generally adopted for the order, both at 
 the North and South. 
 
 The secret signs and character of the 
 order having become known to our military 
 authorities, further modifications in the 
 ritual and forms were introduced, and its 
 name was finally changed to that of 0. S. L., 
 
 323 
 
324 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 or "Order of the Sons of Liberty,'' or the 
 "Knights of the Order of the Sons of Lib* 
 erty." These later changes are represented 
 to have been first instituted, and the new 
 ritual compiled, in the State of Indiana, in 
 May last, but the new name was at once 
 generally adopted throughout the West, 
 \ though in some localities the association is 
 still better known as the " Order of Ameri- 
 can Knights." 
 
 Meanwhile, also, the order has received 
 certain local designations. In parts of Illi- 
 nois it has been called at times the "Peace 
 Organization," in Kentucky the "Star Or- 
 ganization," and in Missouri the "American 
 Organization;" these, however, being ap- 
 parently names used outside of the lodges 
 of the order. Its members have also been 
 familiarly designated as "Butternuts" by 
 the country people of Illinois, Indiana, and 
 Ohio, and its separate lodges have also fre- 
 quently received titles intended for the 
 public ear; that in Chicago, for instance, 
 being termed by its members the " Demo- 
 cratic Invincible Club," that in Louisville 
 the "Democratic Heading Eoom," etc. 
 
 It is to be added that in the State of New 
 York, and other parts of the North, the se- 
 cret political association known as the " Mc- 
 Glellan Minute Guard" would seem to be a 
 branch of the Order of American Knights, 
 having substantially the same objects, to be 
 accomplished, however, by means expressly 
 suited to the localities in which it is estab- 
 lished. For, as the Chief Secretary of this 
 association, Dr. E. F. Stevens, stated in June 
 last to a reliable witness whose testimony 
 has been furnished, "those who represent 
 the McClellan interest are compelled to 
 preach a vigorous prosecution of the war, 
 in order to secure the popular sentiment 
 and allure voters." 
 
 II. — ^ITS ORGANIZATION AND OFFICEKS. 
 
 From printed copies, heretofore seized by 
 the Government, of the Constitution of 
 the Supreme Council, Grand Council, and 
 County Parent Temples, respectively, of the 
 Order of Sons of Liberty, in connection 
 with other and abundant testimony, the 
 organization of the order, in its latest form, 
 is ascertained to be as follows : 
 
 1. The government of the order through- 
 out the United States is vested in a Supreme 
 Council, of which the oflBcSrs are a Supreme 
 Commander, Secretary of State, and Treas- 
 urer. These officers are elected for one 
 year, at the annual meeting of the Supreme 
 Council, which is made up of the Grand 
 Commanders of the several States ex officio, 
 find two delegates elected from each State 
 in which the order is established. 
 
 2. The government of the order in a 
 State is vested in a Grand Council, the offi- 
 cers of which are a Grand Commander, 
 Deputy Grand Commander, Grand Secre- 
 tary, Grand Treasurer, and a certain num- 
 
 ber of Major Generals, or one for each Mili- 
 tary District. These officers also are elected 
 annually by "representatives " from tho 
 county temples, each temple being en- 
 titled to two representatives, and one addi- 
 tional for each thousand members. This 
 body of representatives is also invested with 
 cerfaiin legislative functions. 
 
 3. The parent temple is the organization 
 of the order for a county, each temple be- 
 ing formally instituted by authority of the 
 Supreme Council, or of the Grand Council or 
 Grand Commander of the State. By the 
 same authority, or by that of the officers of 
 the parent temple, branch or subordinate 
 temples may be established for townships 
 in the county. 
 
 But the strength and significance of this 
 organization he in its military character. The 
 secret constitution of the Supreme Council 
 provides that -the Supreme Commander 
 " shall be commander-in-chief of all military forces 
 belonging to the order in the various Slates when 
 called into actual service ;" and further, that the 
 Grand Commanders " shall be commanders- 
 in-chief of the military forces of their respectivi 
 States." Subordinate to the Grand Com- 
 mander in the State are the " Major Gener- 
 als," each of whom commands his separate 
 district and army. In Indiana the Major 
 Generals are four in number. In Illinois, 
 where the organization of the order is con- 
 sidered most perfect, the members in each 
 congressional district compose a "brigade," 
 which is commanded by a " brigadier gerr- 
 eral." The members of each county consti- 
 tute a "regiment" with a "colonel" in com- 
 mand, and those of each township form a 
 " company." X somewhat similar system 
 prevails in Indiana, where also each com. 
 pany is divided into "squads," each with its 
 chief— an arrangement intended to faciU- 
 tate the guerrilla mode of warfare in case of 
 a general outbreak or local disorder. 
 
 The " McClellan Minute Guard," as ap- 
 pears from a circular issued by the Chief 
 Secretary in New York in March last, is or- 
 ganized upon a military basis similar to that 
 of the order proper. It is composed of 
 companies, one for each election district, 
 ten of which constitute a " brigade," with 
 a "brigadier general" at its head. The 
 whole is placed under the authority of a 
 "commander-in-chief" A strict obedience 
 on the part of members to the orders of 
 their superiors is enjoined. 
 
 The first " Supreme Commander" of the 
 order was P. C. Wright, of New York, edi- 
 tor of the New York JS^ews, who was in May 
 last placed in arrest and confined in Fort 
 Lafayette. His successor in office was Val- 
 landigham, who was elected at the annual 
 meeting of the Supreme Council in Febru- 
 ary last. Robert HoUoway, of Illinois, is 
 represented to have acted as Lieutenant 
 General, or Deputy Supreme Commander, 
 during the absence of Vallandigham from 
 
TREASON TAIaLS AT INDIANAPOLIS. 
 
 325 
 
 the country. The Secretary of State chosen 
 itt the last election was Dr. ^^assey, of Ohio. 
 
 In Missouri, the principal officers were 
 Charles L. Hunt, Grand Commander, Chas. 
 E. Dunn, Deputy Grand Commander, and 
 Green B. Smith, Grand Secretary. Since 
 the arrest of these three persons (all of 
 whom have made confessions which will be 
 presently alluded to), James A. Barrett has, 
 as it is understood, officiated as Grand Com- 
 mander. He is stated to occupy also the 
 position of chief of staff to the Supreme 
 Commander. 
 
 The Grand Commander in Indiana, H. H. 
 Dodd, is now on trial at Indianapolis by a 
 military commission for " conspiracy against 
 the Government," " violation of the laws of 
 war," and other charges. The Deputy 
 Grand Commander in that State is Horace 
 Heffren, and the Grand Secretary, W. M. 
 Harrison. The Major Generals are W. A. 
 Bowles, John C. Wallcer, L. P. Milligan, 
 and Andrew Humphreys. Among the 
 other leading members of the order in that 
 State are Dr. Athon, State Secretary, and 
 Joseph Ristine, State Auditor. 
 
 The Grand Commander in Illinois is 
 
 Judd, of Lewistown, and B. B. Piper, of 
 Springfield, who is entitled " Grand Mission- 
 ary" of the State, and designated also as a 
 member of Vallandigham's staff, is one of 
 the most active members, having been 
 busily engaged throughout the summer in 
 establishing temples and initiating mem- 
 bers. 
 
 In Kentucky, Judge Bullitt, of the Court 
 of Appeals, is Grand Commander, and, with 
 Dr. U. F. Kalfus and W. R. Thomas, jailor 
 in Louisville, two other of the most prom- 
 inent members, has been arrested and con- 
 fined by the military authorities. In New 
 York, Dr. R. F. Stevens, the chief secretary 
 of the McClellan Minute Guard, is the 
 most active ostensible representative of the 
 order. 
 
 The greater part of the chief and subor- 
 dinate officers of the order and its branches, 
 as well as the principal members thereof, 
 are known to the Government, and, where 
 not already arrested, may regard them- 
 selves as under a constant military surveil- 
 lance. So complete has been the exposure 
 of this secret league, that however fre- 
 quently the conspirators may change its 
 names, forms, passwords, and signals, its 
 true purposes and operations can not longer 
 be concealed from the military authorities. 
 
 It is to be remarked that the Supreme 
 Council of the order, which annually meets 
 on February 22, convened this year at New 
 York city, and a special meeting was then 
 appointed to be held at Chicago on July 
 1, or just prior to the day then fixed for the 
 eonvention of the Democratic party. This 
 convention having been postponed to Au- 
 gust 29, the special meeting of the Supreme 
 Council was also postponed to August 27, 
 
 at the same place, and was duly convened 
 accordingly. It will be remembered that a 
 leading member of the convention, in the 
 course of a speech made before that body, 
 alluded approvingly to the session of the 
 Sons of Liberty at Chicago at the same 
 time, as that of an organization in har- 
 mony with the sentiment and projects of 
 the convention. 
 
 It may be observed, in conclusion, that 
 one not fully acquainted with the true 
 character and intentions of the order, might 
 well suppose that, in designating its officers 
 by high military titles, and in imitating in its 
 organization that established in our armies, 
 it was designed merely to render itself 
 more popular and attractive with the 
 masses, and to invest its chiefs with a cer- 
 tain sham dignity; but when it is understood 
 that the order comprises within itself a 
 large army of well-armed men, constantly 
 drilled and exercised as soldiers, and that 
 this army is held ready, at any time, for 
 such forcible resistance to < our military au- 
 thorities, and such active co-operation with 
 the public enemy, as it may be called upon 
 to engage in by ite commanders, it will be 
 perceived that the titles of the latter are 
 not assumed for a mere purpose of dis- 
 play, but that they are the chiefs of an 
 actual and formidable force of conspirators 
 against the life of the Government, and 
 that their milit-ary system is, as it has been 
 remarked by Colonel Sanderson, " the 
 grand lever used by the rebel government 
 for its army operations." 
 
 III. — ITS EXTEXT AND NUMBERS. 
 
 The "temples" or "lodges" of the order 
 are numerously scattered through the 
 States of Indiana, Illinois, Ohio, Missouri, 
 and Kentucky. They are also officially re- 
 ported as estabhshed, to a less extent, in 
 Michigan and the other Western States, as 
 well as in New York, Pennsylvania, New 
 Hampshire, Rhode Island, Connecticut, 
 New Jersey, Maryland, Delaware, and Ten- 
 nessee. Dodd, the Grand Commander of 
 Indiana, in an address to the members in 
 that State of February last, claims that at 
 the next annual meeting of the Supreme 
 Council (in February, 186.5,) every State in the 
 Union will be represented, and adds, "this 
 is the first and only true national organiza- 
 tion the Democratic and Conservative men of 
 the country have ever attempted." A pro- 
 vision made in the constitution of the 
 Council for a representation from the Terri- 
 tories shows, indeed, that the widest exten- 
 sion of the order is contemplated. 
 
 In the States first mentioned, the order 
 is most strongly centered at the following 
 places, where are situated its principal 
 " temples." In Indiana, at Indianapolis 
 and Vincennes; in Illinois, at Chicago, 
 Springfield and Quincy, (a large proportion 
 of the lodges in and about the latter place 
 
326 
 
 TREASON TEIALS AT INDIANAPOLIS. 
 
 having been founded by the notorious 
 guerrilla chief, Jackman;) in Ohio, at Cin- 
 cinnati, Dayton, and in Hamilton county 
 (which is proudly termed by members "the 
 South Carolina of the North;") in Missouri, 
 at St. Louis; in Kpntucliy, at Louisville ; 
 and in Michigan, at Detroit, (whence com- 
 munication was freely had by the leaders 
 of the order with Vallandigham during 
 his banishment, either by letters addressed 
 to him through two prominent citizens and 
 members of the order, or by personal inter- 
 views at Windsor, C. W.) It is to be added 
 that the regular places of meeting, as also 
 the principal rendezvous and haunts of the 
 members in these and less important places, 
 are generally well known to the Grovern- 
 ment. 
 
 The actual numbers of the order have, it 
 is believed, never been officially reported, 
 and can not, therefore, be accurately ascer- 
 tained. Various estimates have been ntade, 
 by leading members, some of which are no 
 doubt considerably exaggerated. It has 
 been asserted by delegates to the Supreme 
 Council of February last, that the number 
 was there represented to be from eight 
 hundred thousand to one million; but Val- 
 landigham, in his speech last summer at 
 Dayton, Ohio, placed it at five hundred 
 thousand, which is probably much nearer 
 the true total. The number of its mem- 
 bersinthe several States has been differently 
 estimated in the reports and statements of 
 its officers. Thus, the force of the order in 
 Indiana, is stated to be from seventy-five 
 to one hundred and twenty-five thousand ; 
 in Illinois, from one hundred to one hun- 
 dred and forty thousand; in Ohio, from 
 eighty to one hundred and eight thousand ; 
 in Kentucky, from forty to seventy thou- 
 sand; in Missouri, from twenty to forty 
 thousand; and in Michigan and New York, 
 about twenty thousand each. Its represen- 
 tation in the other States above mentioned 
 does not specifically appear from the testi- 
 mony; but, allowing for every exaggera- 
 tion in the figures reported, they may be 
 deemed to present a tolerably faithful view 
 of what, at least, is regarded by the or- 
 der as its true force in the States desig- 
 nated. 
 
 It is to be noted that the order, or its 
 counterpart, is probably much more widely 
 extended at the South even than at the 
 North, and that a larga proportion of the 
 officers of the rebel army are represented 
 'by credible witnesses to be members. In 
 Kentucky and Missouri the order has not 
 hesitated to admit as members, not only 
 officers of that army, but also a considerable 
 number of guerrillas, a class who might be 
 supposed to appreciate most readily its 
 spirit and purposes. It is fully shown that 
 as lately as in July last, several of these 
 ruffians were initiated into the first degree 
 by Dr.'Kalfus, in Kentucky. 
 
 IV.-^ITS ARMED FORCE. 
 
 A review of the testimony in regard to 
 the armed force of the order, will materially 
 aid in determining its real strength and 
 numbers. 
 
 Although the order has from the outset 
 partaken of the military character, it was 
 not till the summer or fall of 1863 that it 
 began to be generally organized as an 
 armed body. Since that date its officers 
 and leaders have been busily engaged in 
 placing it upon a military basis, and in pre- 
 paring it for a revolutionary movement. A 
 general system of drilling has been insti- 
 tuted and secretly carried . out. Members 
 have been instructed to be constantly pro- 
 vided with weapons, and in some localities 
 it has been absolutely required that each 
 member should keep at his residence, at all 
 times, certain arms and a specified quan- 
 tity of ammunition. 
 
 In March last, the entire armed force of 
 the order, capable of being mobilized for ef- 
 fective service, was represented to be three 
 hundred and forty thousand men. As the de- 
 tails, upon which this statement was based, 
 are imperfectly set forth in the testimony, it 
 is not known how far this number may be 
 exaggerated. It is abundantly shown, how- 
 ever, that the order, by means of a tax levied 
 upon its members, has accumulated consid- 
 erable funds for the purchase of arms and 
 ammunition, and that these have been 
 procured in large quantities for its use. 
 The witness Clayton,'on the trial of Dodd, 
 estimated that two-thirds of the order are 
 furnished with arms. 
 
 Green B. Smith, Grand Secretary of the 
 order in Missouri, states in his confession 
 of July last: "I know that arms, mostly 
 revolvers and ammunition, have been pui"- 
 chased by members in St. Louis, to send 
 to members in the country where they 
 could not be had;" and he subsequently 
 adds that he himself alone clandestinely 
 purchased and forwarded, between Apru 
 15th and 19th last, about two hundred re- 
 volvers, with five thousand percussion caps 
 and other ammunition. A muster-roll of one 
 of the country lodges of that State is exhibi- 
 ted, in which, opposite the name of each 
 member, are noted certain numbers, under 
 the heads of "Missouri Republican," "St 
 Louis Uriion," "Anzeiger," "Miscellaneous 
 Periodicals," "Books," "Speeches," and "Re- 
 ports;" titles which, when interpreted, sev- 
 erally signify single-barreled guns, double-bar- 
 reled guns, revolvers, private ammunition, privqte 
 lead, company powder, company lead — the roll 
 thus actually setting forth the amount of 
 arms and ammunition in the possession of 
 the lodge and its members. 
 
 In the States of Ohio and Illinois the or- 
 der is claimed, by its members, to be unu- 
 sually well armed with revolvers, carbines, 
 etc.; but it is in regard to the arming of the 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 327 
 
 order in Indiana that the principal statis- 
 tics have been presented, and these may 
 serve to illustrate the system which has 
 probably been pursued in most of the 
 States. One intelligent witness, who has 
 been a member, estimates that in March 
 last, there were in possession of the order 
 in that State six thousand muskets and 
 sixty thousand revolvers, besides private 
 arms. Another member testifies that at a 
 single lodge meeting of two hundred and 
 fifty-two persons, which he attended early 
 in the present year, the sum of $4,000 was 
 subscribed for arms. Other members pre- 
 sent statements in i-eferenoe to the number 
 of arms in their respective counties, and 
 all agree in representing that these have 
 been constantly forwarded from Indianapo- 
 lis intoihe interior. Beck & Brothers are 
 designated as the firm in that city, to 
 which most of the arms were consigned. 
 These were shipped principally from the 
 East; some packages, however, were sent 
 from Cincinnati, and some from Kentucky, 
 and the boxes were generally marked 
 '•pick-axes," ''hardware,' "nails," ''house- 
 hold goods," etc. 
 
 General Carrington estimates that in 
 February and March last nearly thirty 
 thousand guns and revolvers entered the 
 xState, and this estimate is based upon an 
 actual inspection of invoices. The true num- 
 ber introduced was, therefore, probably con- 
 siderably greater. "That officer adds, that on 
 the day in which the sale of arms was 
 stopped by his order, in Indianapolis, nearly 
 one thousand additional revolvers had 
 been contracted for, and that the trade 
 could not supply the demand. He further 
 reports that after the introduction of arms 
 into the Department of the North had 
 been prohibited in General Orders of March 
 last, a seizure was made by the Govern- 
 ment of a large quantity of revolvers and 
 one hundred and thirty-five thousand 
 rounds of ammunition, which had been 
 shipped to the firm in Indianapolis, of 
 which H. H. Dodd, Grand Commander, was 
 a member; that other arms about to be 
 shipped to the same destination were seized 
 in New York city; and that all these were 
 claimed as the private property of John 0. 
 Walker, one of the Major Generals of the 
 order in Indiana, and were represented to 
 have been ^'purchased for a few friends." 
 It should also be stated that at the office 
 of Hon. D. W. Voorhees, M. C,,. at Terre 
 Haute, were discovered letters which dis- 
 closed a correspondence between him and 
 ex-Senator Wall, of New Jersey, in regard 
 to the purchase of twenty thousand Gari- 
 baldi rifles, to be forwarded to the West. 
 
 It appears in the course of the testimony 
 that a considerable quantity of arms and 
 ammunition were brought into the State of 
 Illinois from Burlington, Iowa, and that 
 ammunition was sent from New Albany, 
 
 Indiana, into Kentucky; it is also repre- 
 sented that, had Vallandigham been ar- 
 rested on his return to Ohio, it was con- 
 templated furnishing the order with arms 
 from a point in Canada, near Windsor, 
 where they were stored and ready for use. 
 
 There remains further to be noticed, in 
 this connection, the testimony of Clayton 
 upon the trial of Dodd, to the effect that 
 arms were to be furnished the order from 
 Nassau, N. P., by way of Canada; that, to 
 defray the expense of these arms or their 
 transportation, a formal assessment was 
 levied upon the lodges, but that the trans- 
 portation into Canada was actually to be 
 furnished by the Confederate authorities. 
 
 A statement was made by Hunt, Grand 
 Commander of Missouri, before his arrest, 
 to a fellow member, that shells and all 
 kinds of munitions of war, as well as infer- 
 nal machines, were manufactured for the 
 order at Indianapolis; and the late discov- 
 ery in Cincinnati of samples of hand-gren- 
 ades, conical shells, and rockets, of which 
 one tliousand were about to be manufac- 
 tured, under a special contract, for the 
 Order of the Sons of Liberty, goes directly 
 to verify such a statement 
 
 These details will convey some idea of the 
 attempts which have been made to place 
 the order upon a war footing and prepare it 
 for aggi-essive movements. But, notwith- 
 standing all the efforts that have been put 
 forth, and with considerable success, to arm 
 and equip its members as fighting men, the 
 leaders have felt themselves still very defi- 
 cient in their armament, and numerous 
 schemes for increasing their armed strength 
 have been devised. Thus, at the time of 
 the issuing of the general order in Missouri 
 requiring tlie enrollment of all citizens, it 
 was proposed in the lodges of the Order of 
 American Knights, at St. LOuis, that certain 
 members should raise companies in the 
 militia, in their respective wards, and thus 
 get command of as many Government arms 
 and equipments as possible, for the future 
 use of the order. Again it was proposed 
 that all the members should enrol them- 
 selves in the militia, instead of paying com- 
 mutation, in this way obtaining possession 
 of United States arms, and having the ad- 
 vantage of the drill and military instruc- 
 tion. In the councils of the order in Ken- 
 tuckyf in June last, a scheme was devised 
 for disarming all the negro troops, which it 
 was thought could be done without much 
 difficulty, and appropriating tlieir arms for 
 military purposes. 
 
 The despicable treachery of these pro- 
 posed plans, as evincing the animus of the 
 conspiracy, need not be commented upon. 
 
 It is to be observed that the order in the 
 State of Missouri has counted greatly upon 
 support from the enrolled militia, in case of 
 an invasion by Price, as containing many 
 members and friends of the Order of Amer- 
 
328 
 
 TREASON TKIALS AT INDIANAPOUS. 
 
 ican Knights; and that the "Paw-Paw 
 Militia," a military organization of Bu-| 
 chanan county, as well as the militia of 
 Platte and Clay counties, known as " Flat- 
 Foots," have been relied upon, almost to a 
 man, to join the revolutionary movement. 
 
 V. — ITS RITUAL, OATHS, AKD INTERIOR FORMS. 
 
 The ritual of the order, as well as its secret 
 signs, passwords, etc., has been fully made 
 known to the military authorities. In Au- 
 gust last one hundred and twelve copies of 
 the ritual of the Order of American Knights 
 were seized in the offi(S of Hon. D. W. 
 Voorhees, M. C, at Terre Haute, and a 
 large number of rituals of the Order of the 
 Sons of Liberty, together with copies of the 
 constitutions of the councils, etc., already 
 referred to, were found in the building at 
 Indianapolis, occupied by Dodd, the Grand 
 Commander of Indiana, as had been indi- 
 cated by the Government witness and de- 
 tective, Stidger. Copies were likewise dis- 
 covered at Louisville, at the residence of 
 Dr. Kalfus, concealed within the mattress 
 of his bed, where Stidger had ascertained 
 that they were kept. 
 
 The ritual of the Order of American 
 Knights has also been furnished by the au- 
 thorities at St. Louis. From the ritual, that 
 of the Order of the Sons of Liberty does 
 not materially differ. Both are termed 
 "progressive," in that they provide for jive 
 separate degrees of membership, and contem- 
 plate the admission of a member of a lower 
 degree into a higher one only upon certain 
 vouchers and proofs of fitness, which, with 
 each ascending degree, are required to be 
 stronger and more imposing. 
 
 Each degree has its commander or head ; 
 the fourth or "grand" is the highest in a 
 State; the fifth or " supreme " the highest 
 in the United States; but to the first or 
 lower degree only do the great majority of 
 members attain. A large proportion of 
 these enter the order, supposing it to be a 
 "Democratic" and political association 
 merely; and the history of the order fur- 
 nishes a most striking illustration of the 
 gross and criminal deception which may be 
 practiced upon the ignorant masses by un- 
 scrupulous and unprincipled leaders. The 
 members of the lower degree are often for a 
 considerable period kept quite unaware of 
 the true purposes of their chiefs. But to the 
 latter they are bound, in the language of 
 their obligation, ''to yield prompt and implicit 
 obedience to the utmost of their ability, without re- 
 monstrance, hesitation or delay," and meanwhile 
 their minds, under the discipline and teach- 
 ings to which they are subjected, become 
 educated and accustomed to contemplate 
 with comparative unconcern the treason for 
 which they are prepai'ing. 
 
 The oaths, "invocations," "charges," etc., 
 of the ritual, expressed as they are in bom- 
 bastic and extravagant phraseology, would 
 
 excite in the mind of an educated person 
 only ridicule or contempt, but upon the 
 illiterate they are calculated to make a deep 
 impression, the effect and importance of 
 which were doubtless fully studied by the 
 framers of the instrument. 
 
 The oath which is administered upon the 
 introduction of a member into any degree, 
 is especially imposing in its language; it 
 prescribes as a penalty for a violation of the 
 obligation assumed "a shameful death," and 
 further, that the body of the person guilty 
 of such violation shall be divided in four 
 parts and cast out at the four "gates" of 
 the temple. Not only, as has been said, 
 does it enjoin a blind obedience to the com- 
 mands of the superiors of the order, but it 
 is required to be held of paramount obligation 
 to any oath which may be administered to 
 a member in a court of justice or el^where. 
 Thus, in cases where members have been 
 sworn by of&cers empowered to administer 
 oaths to speak the whole truth in answer to 
 questions that may be put to them, and 
 have then been examined in reference to 
 the order, and their connection therewith, 
 they have not only refused to give any in- 
 formation in regard to its character, but 
 have denied that they were members, or 
 even that they knew of its existence. A 
 conspicuous instance of this is presented in 
 the cases of Hunt, Dunn, and Smith, the 
 chief officers of the order in Missouri, who, 
 upon their first examination under oath, 
 after their arrest, denied all connection 
 with the order, but confessed, also under 
 oath, at a subsequent period, that this de- 
 nial was wholly false, although in accord- 
 ance with ^heir obligations as members. 
 Indeed, a deliberate system of deception in 
 regard to the details of the conspiracy is 
 inculcated upon the members, and stu- 
 diously pursued; and it may be mentioned, 
 as a similarly despicable feature of the or- 
 ganization, that it is held bound to injure 
 the Administration and officers of the Gov- 
 ernment, in every possible manner, by mis- 
 representation and falsehood. 
 
 Members are also instructed that their 
 oath of membership is to be held paramount 
 to an oath of allegiance, or any other oath 
 which may impose obligations inconsistent 
 with those which are assumed upon enter- 
 ing the order. Thus, if a member, when in 
 danger, or for the purpose of facihtating 
 some traitorous design, has taken the oath 
 of allegiance to the United States, he is 
 held at liberty to violate it,on the first occa- 
 sion, his obligation to the order being 
 deemed superior to any consideration of 
 duty or loyalty prompted by such oath. 
 
 It is to be added that where members are 
 threatened with the penalties of perjury, in 
 case of their answering falsely to questions 
 propounded to them in regard to the order 
 before a court or grand jury, they are in- 
 structed to refuse to answer such questions, 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 329 
 
 alleging, as a ground for their refusal, that 
 their answers may criminate themselves. 
 The testimony shows that this course has 
 habitually been pursued by members, es- 
 pecially in Indiana, when placed in such a 
 situation. 
 
 Besides the oaths and other forms and 
 ceremonies which have been alluded to, the 
 ritual contains what are termed " Declara- 
 tions of Principles." These declarations, 
 which are most important as exhibiting the 
 creed and character of the order, as inspired 
 by the principles of the rebellion, will be 
 fully presented under the next branch of 
 the subject 
 
 The signs, signals, passwords, etc., of the 
 order are set forth at length in the testi- 
 mony, but need only* be briefly alluded to. 
 It is a significant fact, as showing the inti- 
 mate relations between the Northern and 
 Southern sections of the secret conspiracy, 
 that a member from a Northern State is en- 
 abled to pass without risk through the South 
 by the use of the signs of recognition which 
 have been established throughout the order, 
 and by means of which members from dis-^ 
 t«nt points, though meeting as strangers, 
 are at once made known to each other as 
 "brothers." Mary Ann Pitman expressly 
 states in her testimony that whenever im- 
 portant dispatches are required to be sent 
 by rebel generals beyond their lines, mem- 
 bers of the order are always selected to 
 convey them. Certain passwords are also 
 used in common in both sections, and of 
 these, noite appears to be more familiar 
 than the word " Nu-ob-lac," or the name 
 "Calhoun" spelt backward, and which is 
 employed upon entering a temple of the 
 first degree of the Order of American 
 Knights — certainly a fitting password to 
 such dens of treason. 
 
 Beside the signs of recognition, there are 
 signs of u/aming and danger, for use at night, 
 as well as by day ; as, for instance, signs to 
 warn members of the approach of United 
 States officials seeking to make arrests. 
 The order has also established what are 
 called battle-signals, by means of which, as it 
 is asserted, a member serving in the army 
 may communicate with the enemy in the 
 field, and thus escape personal harm in 
 case of attack or capture. The most re- 
 cent of these signals represented to have 
 been adopted is a five-pointed copper star, 
 worn under the coat, which is to be dis- 
 closed upon meeting an enemy, who will 
 thus recognize in the wearer a sympathizer 
 and an ally. A similar star of German sil- 
 ver, hung in a frame, is said to be numer- 
 ously displayed by members or their fami- 
 lies in private houses in Indiana, for the pur- 
 pose of insuring protection to their property 
 in case of a raid or other attack ; and it is 
 stated that in many dwellings in that State 
 a portrait of John Morgan is exhibited for 
 • similar purpose. 
 
 Other signs are used by members, and es- 
 pecially the officers of the order in their 
 correspondence. Their loiters, when of an 
 official character, are generally conveyed by 
 special messengers, but when transmitted 
 through the mail are usually in cipher. 
 When written in the ordinary manner, a 
 character at the foot of the letter, consist- 
 ing of a circle with a line drawn across the 
 center, signifies to the member who receives 
 it that the statements as written are to be 
 understood in. a sense directly the opposite 
 to that which would ordinarily be con- 
 veyed. 
 
 It is to be added that the meetings of the 
 order, especially in the country, are gener- 
 ally held at night and in secluded places ; 
 and that the approach to them is carefully 
 guarded by a line of sentinels, who are 
 passed only by means of a special counter- 
 sign, which is termed the " picket." 
 
 VI. — ITS WRITTEN PRINCIPLES. 
 
 The "Declaration of Principles," which is 
 set forth in the ritual of the order, has 
 already been alluded to. This declaration, 
 which is specially framed for the instruction 
 of the great mass of members, commences 
 with the following proposition : 
 
 " All men are endowed by the Creator 
 with certain rights, equal as far as there is 
 equality in the capacity for the appreciation, 
 enjoyment, and exercise of those rights." 
 And subsequently there is added : " In the 
 Divine economy no individual of the human 
 race must be permitted to encumber the 
 earth, to mar its aspects of transcendent 
 beauty, nor to impede the progress of the 
 physical or intellectual man, neither in 
 himself nor in the race to which he belongs. 
 Hence, a people, upon whatever plane they 
 may be found in the ascending scale of hu- 
 manity, whom neither the divinity within 
 them nor the inspirations of divine and 
 beautiful nature around them can impel to 
 virtuous action and progress onward and 
 upward, should be subjected to a just and 
 humane servitude and tutelage to the supe- 
 rior race until they shall be able to appre- 
 ciate the benefits and advantages of civili- 
 zation." 
 
 Here, expressed in studied terms of hy- 
 pocrisy, is the whole theory of human 
 bondage — the right of the strong, because 
 they are strong, to despoil and enslave the 
 weak, because they are weak I The lan- 
 guages of earth can add nothing to the 
 cowardly and loathsome baseness of the 
 doctrine, as thus announced. It is the 
 robber's creed sought to be nationalized, and 
 would push back the hand on the dial 
 plate of our civilization to the darkest 
 periods of human history. It must be ad- 
 mitted, however, that it furnishes a fitting 
 "corner-stone" for the government of a re- 
 bellion, every fiber of whose body and every 
 throb of whoso soul is born of the traitor- 
 
830 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 ous ambition and slave-pen inspirations of 
 the South. 
 
 To these detestable tenets is added that 
 other pernicious political theory of State sov- 
 ereignty, with its necessary fruit, the mon- 
 strous doctrine of secession — a doctrine 
 which, in asserting that in our federative 
 system a part is greater than the whole, 
 would compel the General Grovernment, 
 like a Japanese slave, to commit hari-kari 
 whenever a faithless or insolent State should 
 command it to do so. 
 
 Thus, the ritual, after reciting that the 
 States of the Union are " free, independent, 
 and sovereign," proceeds as follows: 
 
 " The government designated ' The Uni- 
 ted States of America' has no so/vereigniy, be- 
 cause that is an attribute with which the 
 people, in their several and distinct pohtioal 
 organizations, are endowed, and is inalien- 
 able. It was constituted by the terms of 
 the compact, by all the States, through the 
 express will of the people thereof, respec- 
 tively — a common agent, to use and exer- 
 cise certain named, specified, defined, and 
 limited powers which are inherent of the 
 sovereignties within those States. It is per- 
 mitted, so far as regards its status and re- 
 lations, as common agent in the exer- 
 cise of the powers carefully and jealously 
 delegated to it, to call itself 'supreme,' but 
 not ' smereign.' In accordance with the 
 principles upon which is founded the Amer- 
 ican theory, government can exercise only 
 delegated power ; hence, if those who shall 
 have been chosen to administer the gov- 
 ernment shall assume to exercise powers 
 not delegated, they should be regarded and 
 treated as usurpers. The reference to 'in- 
 herent power,' 'war power,' or 'niilitary 
 necessity,' on the part of the functionary 
 for the sanction of an arbitrary exercise of 
 power by him, we will not accept in pallia- 
 tion or excuse." 
 
 To this is added, as a corollary, " it is in- 
 compatible with the history and nature of 
 our system of government, that Federal 
 authority should coerce by arms a sovereign 
 State." - 
 
 The declaration of principles, however, 
 does not stop here, but proceeds one step 
 further, as follows : 
 
 '' Whenever the chosen officers or dele- 
 sates shall fail or refuse to administer the 
 Government in strict accordance with the 
 letter of the accepted Constitution, it is the 
 inherent right and the solemn and impera- 
 tive duty of the people to resist the func- 
 tionaries, and, if need be, to expel them hy 
 force of arms ! Such resistance is not revolu- 
 tion, but is sololy the assertion of right — the 
 exercise of all the noble attributes which 
 impart honor and dignity to manhood." 
 
 T'o the same effect, though in a milder 
 tone, is the platforna of the order in Indi- 
 ana, put forth by the Grand Council at 
 their meeting in February last, which de- 
 
 clares that "the right to alter or abolish 
 their government, whenever it fails to se- 
 cure the blessings of liberty, is one of the 
 inalienable rights of the people that can 
 never be surrendered." 
 
 Such, then, are the principles which the 
 new member swears to observe and abide 
 by in his obligation, set forth in the ritual, 
 where he says: "I do solemnly promise that 
 I will ever cherish in my heart of hearts 
 the sublime creed of the E. K., (Excellent 
 Knights,) and will, so far as in me lies, 
 illustrate the same in my intercourse with 
 men, and will defend the principles thereof, 
 if need be, with my life, whensoever as- 
 sailed, in my own country first of all. I do 
 further solemnly declare that I will never 
 take up arms in behalf of any government 
 which does not acknowledge the sole au- 
 thority or power to be the will of the gov- 
 erned." 
 
 The following extracts from the ritual, 
 may also be quoted as illustrating the prin- 
 ciple of the right of revolution and resist- 
 ance to constituted authority insisted upon 
 by the order: 
 
 "Our swords shall be unsheathed when- 
 ever the great principles which we aim to 
 inculcate and have sworn to maintain and 
 defend are assailed." 
 
 Again : "I do solemnly promise, that 'when- 
 soever the principles which our order in- 
 culcates shall be assailed in my own State or 
 country, I will defend these principles with 
 my sword and my life, in whatsoever capa- 
 city may be assigned me by the competent 
 authority of our order." 
 
 And further: "I do promise that I will, 
 at all times, if need be, take up arms in the 
 cause of the oppressed — in my own coun- 
 try first of all — against any power or gov- 
 ernment usurped, which may be found in 
 arms and waging war against the people or 
 peoples who are endeavoring to establish, 
 or have inaugurated, a government for 
 themselves of their own free choice." 
 
 Moreover, it is to be noted that all the 
 addresses and speeches of its leaders 
 breathe the same principle, of the right of 
 the forcible resistance to the Government, 
 as one of the tenets of the order. 
 
 Thus ]?. C. Wright, Supreme Commander, 
 in his general address of December, 1863, 
 after urging that " the spirit of the fathers 
 may animate the free minds, the brave 
 hearts, and still unshackled limbs of the 
 true democracy," (meaning the members of 
 the order,) adds as follows: "To be prepared 
 for the crisis now approaching, we must 
 catch frona afar the earliest and faintest 
 breathings of the spirit of the storm; 
 to be successful when the storm comes, we 
 must be watchful, patient, brave, confident, 
 organized, armed." 
 
 Thus, too, Dodd, Grand Commander of 
 the order in Indiana, quoting, in his ad- 
 dress of February last, the views of his 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 331 
 
 chief, ValTandigliam, and adopting them 
 as his own, says: 
 
 "He (Vallandigham) judges that the 
 . Washington power will not yield up its 
 power until it is taken from them by an in- 
 dignant people by force of arms." 
 
 Such, then, are the written principles 
 of the order in which the neophyte is in- 
 structed, and which he is sworn to cherish 
 and observe as his rule of action, when, 
 with arms placed in his hands, he is called 
 upon to engage in the overthrow of his 
 Government. This declaration — first, of the 
 absolute right of slavery; second, of State 
 sovereignty and the right of secession; third, 
 of the right of armed resistance to consti- 
 tuted authority on the part of the dis- 
 affected and the disloyal, whenever their 
 ambition may prompt them to revolu- 
 tion — is but an assertion of that abomin- 
 able theory which, from its first enuncia- 
 tion, served as a pretext for conspiracy 
 after conspiracy against the Government 
 on the part of Southern traitors, until their 
 detestable plotting culminated in open re- 
 belUon and bloody civil war. AVhat more 
 appropriate password, therefore, to be com- 
 municated to the new member upon his first 
 admission to the secrets of the order could 
 have been conceived, than that which was 
 actually adopted — "Calhoun! " — aman who, 
 baflBed in his lust for power, with gnashing 
 teeth, turned upon the Government that 
 had lifted him to its highest honors, and 
 upon the country that had borne him, and 
 down to the very close of his fevered life 
 labored incessantly to scatter far and wide 
 the seeds of that poison of death now upon 
 our lips. The thorns which now pierce 
 and tear us are of the tree he planted. 
 
 Vn. — ^ITS SPECIFIC PDRPOSES AND OPERATIONS. 
 
 From the principles of the order, as thus 
 set forth, its general purpose of co-operating 
 / with the rebellion may readily be inferred, 
 and, in fact, those principles could logic- 
 ally lead to no other result. This general 
 purpose, indeed, is distinctly set forth in 
 the personal statements and confessions of 
 its members, and particularly of its prom- 
 inent officers, who have been induced to 
 make disclosures to the Government. 
 Among the most significant of these con- 
 fessions are tho?e already alluded to, of 
 Hunt, Dunn, and Smith, the heads of the 
 order in Missouri. The latter, whose state- 
 ment is full and explicit, says: "At the 
 time I joined the order I understood that 
 its object was to aid and assist the Confed- 
 erate Government, and eiideavor to restore 
 the Union as it was prior to this rebellion." 
 He adds: "The order is hostile in every re- 
 spect to the General Government, and 
 friendly to the so-called Confederate Gov- 
 ernment. It is exclusively made up of dis- 
 loyal persons — of all Democrats who are 
 desirous of securing the independence of 
 
 the Confederate States with a view of re- 
 storing the Union as it was." 
 
 It would be idle to comment on such 
 gibberish as the statement that " the inde- 
 pendence of the Confederate States" was to, 
 be used as the means of restoring " the 
 Union as it was;" and yet, under the man- 
 ipulations of these traitorous jugglers, doubt- 
 less the brains of many have been so far 
 muddled as to accept this shameless de- 
 clai-ation as true. 
 
 But proceeding to the specific purposes of 
 the order, which its leaders have had in 
 view from the beginning, and which, as 
 will be seen, it has been able, in many cases, 
 to carry out with very considerable success, 
 the following are found to be the most 
 pointedly presented by the testimony : 
 
 I. Aiding Soldiers to Desert and Harboring and 
 Protecting Deserters. — ^Barly in its history the 
 order essayed to undermine such portions 
 of the army as were exposed to its in- 
 sidious approaches. Agents were sent by 
 the Knights of the Golden Circle into the 
 camps to introduce the order among the 
 soldiers, and those who became members 
 were instructed to induce as many of their 
 companions as possible to desert, and for 
 this purpose the latter were furnished by 
 the order with money and citizens' clothing. 
 Soldiers who hesitated at desertion, but de- 
 sired to leave the army, were introduced 
 to lawyers who engaged to furnish them 
 some quasi legal pretext for so doing, and a 
 certain attorney of Indianapolis, named 
 Walpole, who was particularly conspicuous 
 in furnishing facilities of this character to 
 soldiers who applied to him, has boasted 
 that he has thus aided five hundred en- 
 listed men to escape from tlieir contr.iots. 
 Through the schemes of the order in In- 
 diana whole companies were broken up — 
 a large detachment of a battery company, 
 for instance, deserting on one occasion to 
 the enemy with two of its guns — and the 
 camps were imbued with a spirit of discon- 
 tent and dissatisfaction with the service. 
 Some estimate of the success of these 
 efforts may be derived from a report of the 
 Adjutant General of Indiana, of January, 
 ir^ 1863, setting forth that the number of 
 deserters and absentees returned to the 
 army through the post of Indianapolis 
 alone, during the month of December, 
 1862, was nearly two thousand six hun- 
 dred. 
 
 As soon as arrests of these deserters be- 
 gan to be generally made, writs of habeas 
 corpics were issued in their cases by disloyal 
 judges, and a considerable number were dis- 
 charged thereon. In one instance in Indi- 
 ana, where an officer in charge of a deserter 
 properly refused to obey the writ, after it 
 had been suspended in such cases by the 
 President, his attachment for contempt 
 was ordered by the Chief Justice of the 
 State, who declared th^t "the streets ot 
 
332 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 Indianapolis might run with blood, but that 
 he would enforce his authority against the 
 President's order." On another occasion 
 certain United States officers who had 
 made the arrest of deserters in IlHnois 
 were themselves arrested for kidnapping, 
 and held to trial by a disloyal judge, who 
 at the same time discharged the deserters, 
 though acknowledging them to be such. 
 
 Soldiers upon deserting, were assured of 
 immunity from punishment and protection 
 on the part of the order, and were instruc- 
 ted to bring away with them their arms, 
 and, if mounted, their horses. Details sent 
 to arrest them by the military authorities, 
 were in several cases forcibly resisted, and, 
 where not unusually strong in numbers, 
 were driven back by large bodies of men, 
 subsequently generally ascertained to be 
 members of the order. Where arrests 
 were effected, our troops were openly at- 
 tacked and fired upon on their return. 
 Instances of such attacks occurring in Mor- 
 gan and Rush counties, Indiana, are espe- 
 cially noticed by General Carrington. In 
 the case of the outbreak in Morgan county, 
 J. S. Bingham, editor of the Indianapolis 
 Sentinel, a member or friend of the order, 
 sought to forward to the disloyal newspa- 
 pers of the West false and inflammatory 
 telegraphic dispatches in regard to the 
 affair, to the effect that cavalry had been 
 sent to arrest all the Democrats in the 
 county, that they had committed gross 
 outrages, and that several citizens had 
 been shot; and adding "ten thousand sol- 
 diers can not hold the men arrested this 
 night. Civil war and bloodshed are inev- 
 itable.'' The assertions in this dispatch 
 were entirely false, and may serve to illus- 
 trate the fact heretofore noted, that a stu- 
 dious misrepresentation of the acts of the 
 Government and its officers is a part of the 
 prescribed duty of the members of the 
 order. It is proper to mention that seven 
 of tlie party in Morgan county, who made 
 the attack upon our troops, were convicted 
 of their offense by a State court. Upon 
 their trial it was proved that the party was 
 composed of members of the Knights of 
 the Golden Circle. 
 
 One of the most pointed instances of pro- 
 tection afforded to deserters occurred in a 
 case in Indiana, where seventeen intrenched 
 themselves in a log cabin with a ditch and 
 palisade, and were furnished with provisions 
 and sustained in their defense against our 
 military authoiities for a considerable pe- 
 riod by the order or its friends. 
 
 2. Discouraging Enlistments and Resisting the 
 Draft — It is especially inculcated by the 
 order to oppose the re-enforcement of our 
 armies, either by volunteers or drafted men. 
 In 1862 the Knights of the Golden Circle 
 organized generally to resist the draft in the 
 Western States, and were strong enough in 
 certain localities to greatly embarrass the 
 
 Government. In this year and early in 
 1863 a number of enrolling officers were 
 shot in Indiana and Illinois. In Blackford 
 county, Indiana, an attack was made upon 
 the court-house, and the books connected 
 with the draft were destroyed. In several 
 counties of the State a considerable mili- 
 tary force was required for the protection 
 of the United States officials, and a large 
 number of arrests were made, including 
 that of one Beynolds, an ex-Senator of the 
 Legislature, for publicly urging upon the 
 populace to resist the conscription — an of- 
 fense of the same character, in fact, as that 
 upon which Vallandigham was apprehended 
 in Ohio. These outbreaks were no doubt, 
 in most cases, incited by the order and en- 
 gaged in by its members. In Indiana 
 nearly two hundred persons were indicted 
 for conspiracy against the Government, re- 
 sisting the draft, etc., and about sixty of 
 these were convicted. 
 
 Where members of the order were forced 
 into the army by the draft, they were in- 
 structed, in case they were prevented from 
 presently escaping, and were obliged to go 
 to the field, to use their arms against their 
 fellow-soldiers rather than the enemy, or, if 
 possible, to desert to the enemy, by whom, 
 through the signs of the order, they would 
 be recognized and received as friends. 
 Whenever a member volunteered in the 
 army he was at once expelled from the 
 order. 
 
 3. Circulation of Disloyal and Treasonable 
 Pvblicalions. — The order, especially in Mis- 
 souri, has secretly circulated throughout the 
 country a great quantity of treasonable 
 publications, as a means of extending its 
 own power and influence, as well as of giv- 
 ing encouragement to the disloyal and in- 
 citing them to treason. Of these, some of 
 the principal are the following: Pollards 
 Southern History of the War, Official Itq>orts of 
 the Confederate Government, Life of Stonewall 
 Jackson, pamphlets containing articles from 
 the Metropolitan Secord, Abraham Africanvs, or 
 Mysteries of the White House, The Lincoln Cat- 
 echism, or a Guide to the Presidential Election of 
 1864, Indestructible Organics, by Tirga. These 
 publications have generally been procured 
 by formal requisitions drawn upon the 
 grand commander by leading members in 
 the interior of a State. One of these re- 
 quisitions, dated June 10th last, and drawn 
 by a local secretary of the order at Gentry- 
 ville, Missouri, is exhibited in the testi- 
 mony. It contains a column of the initials 
 of subscribers, opposite whose names are 
 entered the number of disloyal publications 
 to be furnished, the particular book or 
 books, etc., required being indicated by 
 fictitious titles. 
 
 4. Communicating with, and Giving Intelligence 
 to, the Enemy. — Smith, Grand Secretary of 
 the order in Missouri, says, in his confes- 
 sion : " Rebel spies, mail-carriers, and emis- 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 333 
 
 saries have been carefully protected by this 
 order ever since I have been a member." 
 It is shown in the testimony to be custo- 
 mary in tlie rebel service to employ mem- 
 bers of the order as spies, under the guise 
 of soldienB furnished with' furloughs to visit 
 their homes within our lines. On coming 
 within the territory occupied by our forces, 
 they are harbored and supplied with infor- 
 mation by the order. Another class of spies 
 claim to be deserters from the enemy, and 
 at once seelc an opportunity to take the 
 oath of allegiance, which, however, though 
 voluntarily taken, they claim to be admin- 
 istered while they are under a species of 
 duress, and, therefore, not to be binding. 
 Upon swearing allegiance to the- Govern- 
 ment, the pretended deserter engages, with 
 the assistance of the order, in collecting 
 contraband goods or procuring intelligence 
 to be conveyed to the enemy, or in some 
 other treasonable enterprise. In his oflBcial 
 report of June 12th last. Colonel Sanderson 
 remarks: "This department is filled with 
 rebel spies, all of whom belong to the 
 order." 
 
 In Missouri regular mail communication 
 was for a long period maintained through 
 the agency of the order from St. Louis to 
 Price's army, by means of which private 
 letters, as well as ofBcial dispatches between 
 him and the Grand Commander of Missouri, 
 were regularly transmitted. The mail- 
 carriers started from a point on the Pacific 
 railroad, near Kirkwood station, about four- 
 teen miles from St. Louis, and, traveling 
 only by night, proceeded (to quote from 
 Colonel Sanderson's report) to " Mattox 
 Mills, on the Maramee river, thence past 
 Mineral Point to Webster, thence to a point 
 fifteen miles below Van Buren, where they 
 crossed the Black river, and thence to the 
 rebel lines." It is, probably, also by this 
 route that the secret correspondence, stated 
 by the witness Pitman to have been con- 
 stantly kept up between Price and Vallan- 
 digham, the heads of the order at the 
 North and South, respectively, was success- 
 fully maintained. 
 
 A similar communication has been con- 
 tinuously held with the enemy from Louis- 
 ville, Kentucky. A considerable number 
 of women in that State, many of them of 
 high position in rebel society, and some of 
 them outwardly professing to be loyal, were 
 dbcovered to have been actively engaged in 
 receiving and forwarding mails, with the as- 
 sistance of the order and as its instruments. 
 Two of the most notorious and successful 
 of these, Mrs. Woods and Miss Cassell, have 
 been apprehended and imprisoned. 
 
 By means of this correspondence with 
 the enemy, the members of the order were 
 
 Eromptly apprised of all raids to be made 
 y the forces of the former, and were able 
 to hold themselves prepared to render aid 
 and comfort to the raiders. To show how 
 
 efficient for this purpose was the system 
 thus established, it is to be added that our 
 military authorities have, in a number of 
 cases, been informed, through members of 
 the order employed in the interest of the 
 Government, of impending raids and im- 
 portant army movements of the rebels, not 
 only days, but sometimes weeks, sooner 
 tlian the same intelligence could have 
 reached them through the ordinary chan- 
 nels. 
 
 On the other hand, the system of espion- 
 age kept up by the order, for the purpose of 
 obtaining information of the movements of 
 our own forces, etc., to be imparted to tlie 
 enemy, seems to have been as perfect as it 
 was secret. The Grand Secretary of the 
 order in Missouri states, in his confession : 
 "One of the especial objects of this order 
 was to place members in steamboats, ferry- 
 boats, telegraph offices, express offices, de- 
 partment headquarters, provost marshal's 
 office, and, in fact, in every position where 
 they could do valuable service;" and he 
 proceeds to specify certain members who, 
 at the date of his confession, (August 2d 
 last,) were employed at the express and 
 telegraph offices in St. Louis. 
 
 5. Aiding the Enemy, by Rea~uiling for them, or 
 assisting them to Recruit, within our lines. — This 
 has also been extensively carried on by 
 members of the order, particularly in Ken- 
 tucky and Missouri. It is estimated that 
 two thousand men were sent South from 
 Louisville alone during a few weeks in 
 April and May, 1864. The order and its 
 friends at that city have a permanent fund, 
 to which there are many subscribers, for the 
 purpose of fitting out with pistols, clothing, 
 money, etc., men desiring to join the South- 
 ern service ; and, in the lodges of the order 
 in St. Louis and Northern Missouri, money 
 has often been raised to purchase horses, 
 arms, and equipments for soldiers about to 
 be forwarded to the Southern army. In 
 the latter State, parties empowered by 
 Price, or by Grand Commander Hunt as 
 his representative, to recruit for the rebel 
 service, were nominally authorized to "locale 
 lands," as it was expressed, and in their re- 
 ports, which were formally made, the num- 
 ber of acres, etc., located represented the 
 number of men recruited. At Louisville, 
 tliose desiring to join the Southern forces 
 were kept hidden, and supplied with food 
 and lodging until a convenient occasion was 
 presented for their tranisportation South. 
 They were then collected, and conducted at 
 night to a safe rendezvous of the order, 
 whence they were forwarded to their desti- 
 nation, in some cases stealing horses from 
 the United States corrals on their way. 
 While awaiting an occasion to be sent 
 South, the men, to avoid the suspicion 
 which might be excited by their being seen 
 together in any considerable number, were 
 often employed on farms in the vicinity of 
 
334 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 Louisville, and the farm of one Grant in 
 that neighborhood, (at whose house, also, 
 meetings of the order were held,) is indi- 
 cated in the testimony as one of the locali- 
 ties where such recruits were rendezvoused 
 and employed. 
 
 The same facilities which were afforded 
 to recruits for the Southern army were also 
 furnished by the order to persons desiring 
 to proceed beyond our lines for any illegal 
 purpose. By these Louisville was generally 
 preferred as a point of 'departure, and, on 
 the Mississippi river, a particular steamer, 
 the Graham, was selected as the safest con- 
 veyance. 
 
 6. Furnishing the rebels with Arms, Ammuni- 
 tion, etc. — In this, too, the order, and espe- 
 cially its female members and allies, has 
 been sedulously engaged. The rebel wo- 
 men of Louisville and Kentucky are repre- 
 sented as having rendered the most valuable 
 aid to the Southern army, by transporting 
 large quantities of percussion caps, powder, 
 etc., concealed upon their persons, to some 
 convenient locality near the lines, whence 
 they could be readily conveyed to those for 
 whom they were intended. It is estimated 
 that at Louisville, up to May 1st last, the 
 sum of $17,000 had been invested by the 
 order in ammunition and arms, to be for- 
 warded principally in this manner to the 
 rebels. In St. Louis several firms, who are 
 well known to the Government, the princi- 
 pal of which is Beauvais & Co., have been 
 engaged in supplying arms and ammunition 
 to members of the order, to be conveyed to 
 their Southern allies. Mary Ann Pitman, a 
 reliable witness, and a member of the Order 
 of American Knights, who will hereafter be 
 specially alluded to, states in her testimony 
 that she visited Beauvais & Co. three times, 
 and procured from them on each occasion 
 about $80 worth of caps, besides a number 
 of pistols and cartridges, which she carried 
 in person to Forrest's command, as well as 
 a much larger quantity of similar articles 
 which she caused to be forwarded by other 
 agents. The guerrillas in Missouri also re- 
 ceive arms from St. Louis, and one Douglas, 
 one of the most active conspirators of the 
 Order of American Knights in Missouri, 
 and a special emissary of Price, was arrested 
 while in the act of transporting a box of 
 forty revolvers by railroad to a guerrilla 
 camp in Jhe interior of the State. Medical 
 stores in large quantities were likewise, by 
 the aid of the order, furnished to the en- 
 emy, and a " young doctor " named Moore, 
 said to be now a medical inspector in the 
 rebel army, is mentioned as having " made 
 $75,000 by smuggling medicines" — princi- 
 pally from Louisville — through the lines of 
 our army. Supplies were, in some cases, 
 conveyed to the enemy through the me- 
 dium of professed loyalists, who, having re- 
 ceived permits for that purpose from the 
 United States military authorities, would 
 
 forward their goods as if for ordinary pur- 
 poses of trade, to a certain point near the 
 rebel lines, where, by the connivance of the 
 owners, the enemy would be enabled to 
 seize them. 
 
 7. Co-operating with the Enemy in Raids and 
 Invasions. — While it is clear that the order 
 has given aid, both directly and indirectly, 
 to the forces of the rebels, and to guerrilla 
 bands, when engaged in making incursions 
 into the border States, yet because, on the 
 one hand, of the constant restraint upon 
 its action exercised by our military author- 
 ities, and, on the other, of the general suc- 
 cess of our armies in the field over those of 
 the enemy, their allies at the North have 
 never thus far been able to carry out their 
 grand plan of a general armed rising of the 
 order, and its co-operation on an extended 
 scale with the Southern forces. This plan 
 has been twofold, and consisted, first, of a 
 rising of the order in Missouri, aided by a 
 strong detachment from Illinois, and a co- 
 operation with a rebel army under Price; 
 second, of a similar i-ising in Indiana, Ohio, 
 and Kentucky, and a co-operation with a 
 force under Breckinridge, Buckner, Morgan, 
 or some other rebel Commander, who was 
 to invade the latter State. In this case the 
 order was first to cut the railroads and tele- 
 graph wires, so that intelligence of the 
 movement might not be sent abroad and 
 the transportation of Federal troops might 
 be delayed, and then to seize upon the ar- 
 senalsat Indianapolis, Columbus, Springfield, 
 Louisville, and Frankfort, and, furnishing 
 such of their number as were without arms, 
 to kill or make prisoners of department, 
 district, and post commanders, release the 
 rebel prisoners at Rock Island, and at 
 Camps Morton, Douglas, and Chase, and 
 thereupon join the Southern army at Louis- 
 ville or some other point in KentuckJ-, 
 which State was to be permanently occu- 
 pied by the combined force. At the period 
 of the movement it was also proposed that 
 an attack should, be made upon Chicago by 
 means of steam-tugs mounted with cannon. 
 A similar course was to be taken in Mis- 
 souri, and was to result in the permanent 
 occupation of that State. 
 
 This scheme has long occupied the minds 
 of members of the order, and has been con- 
 tinually discussed by them in their lodges. 
 A rising, somewhat of the character de- 
 scribed, was intended to have taken place 
 in the spring of this year, simultaneously 
 with an expected advance of the army of 
 Lee upon Washington ; but the plans of the 
 enemy having been anticipated by the move- 
 ments of our own generals, the rising of the 
 conspirators was necessarily postponed. 
 Again, a general movement ol the Southern 
 forces was expected to occur about July 4, 
 and with this the order was to co-operate. 
 A speech to be made by Vallandigham at 
 tl^e Chicago Convention was, it is said, to be 
 
TREASON TRIALS AT INDIANAPOLIS. 
 
 335 
 
 the signal for the i-ising ; but the postpone- 
 ment of the convention, as well as the fail- 
 ure of the rebel armies to engage in the an- 
 ticipated movement, again operated to dis- 
 turb the programme of the order. During 
 the summer, however, the grand plan of ac- 
 tion above set forth has been more than 
 ever discussed throughout the order, and 
 its success most confidently predicted, while, 
 at the same time, an extonsive organization 
 and preparation for carrying the conspiracy 
 into effect have been actively going on. 
 But, up to this time, notwithstanding the 
 late raids of the enemy in Kentucky, and 
 the invasion of Missouri by Price, no such 
 general action on the part of the order as 
 was contemplated has taken place — a result, 
 in great part, owing to the activity of our 
 mihtary authorities in strengthening the 
 detachments at the prisons, arsenals, etc., 
 and in causing the arrest of the leading 
 conspirators in the several States, and espe- 
 cially in the seizure of large quantities of 
 arms which had been shipped for the use of 
 the order in their intended outbreak. It 
 was doubtless on account of these precau- 
 tions that the day last appointed for the 
 rising of the order in Indiana and Ken- 
 tucky (August 16) passed by with but slight 
 disorder. 
 
 It is, however, the inability of the public 
 enemy, in the now declining days of the 
 rebellion, to initiate the desired movement 
 which has prevented the order from engag- 
 ing in open warfare; and it has lately been 
 seriously considered in their councils wheth- 
 er they should not proceed with their re- 
 volt, relying alone upon tlie guerrilla bands 
 of Syphert, Jesse and others, for support 
 and assistance. 
 
 With these guerrillas the order has always 
 most readily acted along the border, and in 
 caSes of capture by the Union forces of 
 Northern members of the order engaged in 
 co-operating with them, the guerrillas have 
 frequently retaliated by seizing prominent 
 Union citizens and holding them as host- 
 ages for the release of their allies. At other 
 times our Government has been ofiBcially 
 notified by the rebel authorities that if the 
 members of the order captured were not 
 treated by us as ordinary prisoners of war, 
 retahation would be resorted to. 
 
 An atrocious plan of concert between 
 members of the order in Indiana and cer- 
 tain guerrilla bands of Kentucky, agreed 
 upon last spring, may be here remarked 
 upon. Some two thousand five hundred or 
 three thousand guerrillas were to be thrown 
 into the border counties, and were to as- 
 sume the character of refugees seeking em- 
 ployment. Being armed they were secretly 
 to destroy Government property wherever 
 practicable, and subsequently to control the 
 elections by force, prevent enlistments, aid 
 deserters, and stir up strife between the 
 civil and military authorities. 
 
 A singular feature of the raids of the en- 
 emy remains only to be adverted to, viz. : 
 that the officers conducting these raids are 
 furnished by the rebel Government with 
 quantities of United States Treasury notes 
 for use within our lines, and that these are 
 probably most frequently procured through 
 the agency of members of the order. 
 
 Mary Ann Pitman states that Forrest, of 
 the rebel army, at one time exhibited to 
 her a letter to himself from a prominent 
 rebel syrnpathizer and member of the order 
 in Washington, D. C, in which it was set 
 forth that the sum of $20,000 in "green- 
 backs" had actually been forwarded by him 
 to the rebel Government at Richmond. 
 
 8. Destruction of Government Property. — 
 There is no doubt that large quantities of 
 Government property have been burned or 
 otherwise destroyed by the agency of the 
 order in different localities. At Louisville, 
 in the case of the steamer Taylor, and on 
 the Mississippi river, steamers belonging to 
 the United States have been burned at the 
 wharves, and generally when loaded with 
 Government stores. Shortly before the ar- 
 rest of Bowles, the senior of the major gen- 
 erals of the order in Indiana, he had been 
 engaged in the preparation of "Greek 
 Fire," which, it was supposed, would be 
 found serviceable in the destruction of pub- 
 lic property. It was generally understood 
 in the councils of the order in the State of 
 Kentucky that they were to be compen- 
 sated for such destruction by the rebel Gov- 
 ernment, by receiving a commission of ten 
 per cent of the value of the property so 
 destroyed, and that this value was to be de- 
 rived from the estimate of the loss made in 
 each case by Northern newspapers. 
 
 9. Destruction of Private Property and Perse- 
 cution of Loyal Men. — It is reported by Gen- 
 eral Carrington that the full development 
 of the order in Indiana was followed by " a 
 state of terrorism " among the Union resi- 
 dents of "portions of Brown, Morgan, 
 Johnson, Bush, Clay, Sullivan, Bartholo- 
 mew, Hendricks, and other counties " in 
 that State; that from some localities indi- 
 viduals were driven away altogether; that 
 in others their barns, hay and wheat-racks 
 were burned; and that many persons, 
 under the general insecurity of life and 
 property, sold their effects at a sacrifice 
 and removed to other places. At one time 
 in Brown county, the members of the order 
 openly threatened the lives of all "Aboli- 
 tionists" who refused to sign a peace me- 
 morial which they had prepared and ad- 
 dressed to Congress. In Missouri, also, 
 similar outrages committed upon the prop- 
 erty of loyal citizens are attributable in a 
 great degree to the secret order. ; , 
 
 Here the outbreak of the miners in the 
 coal districts of Eastern Pennsylvania, in 
 the autumn of last year, may be appropri- 
 ately referred to. It was fully shown in the 
 
336 
 
 TREASON TRIALS AT INDIANAPOLIS. 
 
 testimony adduced, upon the trials of these 
 insurgents, who were guilty of the destruc- 
 tion of property and numerous acts of vio- 
 lence, as well as murder, that they were 
 generally members of a secret treasonable 
 association, similar in all respects to the 
 Knights of the Golden Circle, at the meet- 
 ings of which they had been incited to the 
 commi^on of the crimes for which they 
 were tried and convicted. 
 
 10. Assassination and Murder. — ^After what 
 has bjien disclosed in regard to this infar 
 mous league of traitors and ruffians, it will 
 not be a matter of surprise to learn that 
 the cold-blooded assassination of Union cit- 
 izens and soldiers has been included in their 
 devilish scheme of operations. Green B. 
 Smith states in his confession that " the se- 
 cret assassination of United States officers, 
 Boldiers, and Government employes, has 
 been discussed in the councils of the order 
 and recommended." It is also shown in 
 the course of the testimony that at a large 
 meeting of the order in St. Louis, in May 
 or June last, it was proposed to form a 
 secret police of members for the purpose of 
 patrolling the streets of that city at night 
 and killing every detective and soldier that 
 could be readily disposed of; that this prop- 
 osition was coolly considered, and finally 
 rejected, not because of its fiendish charac- 
 ter — no voice being raised against its crim- 
 inality — but because only it was deemed 
 premature. At Louisville, in June last, a 
 similar scheme was discussed among the 
 order for the waylaying and butchering of 
 negro soldiers in the streets at night; and 
 in the same month a party of its members 
 in that city was actually organized for the 
 purpose of throwing off the track of the 
 Nashville railroad a train of colored troops 
 and seizing the opportunity to take the 
 lives of as many as possible. Again, in 
 July, the assassination of an obnoxious pro- 
 vost marshal, by betraying him into the 
 hands of guerrillas, was designed by mem- 
 bers in the interior of Kentucky. Further, 
 at a meeting of the Grand Council of Indiana 
 at Indianapolis on June 14th last, the mur- 
 der of one Coffin, a Government detective, 
 who, as it was supposed, had betrayed the 
 order, was deliberately discussed and unani- 
 mously determined upon. This fact is stated 
 by Stidger in his report to General Carring- 
 ton of June 17th last, and is more fully set 
 forth in his testimony upon the trial of 
 Dodd. He deposes that at the meeting in 
 question, Dodd himself volunteered to go 
 to Hamilton, Ohio, where Coffin was ex- 
 pected to be found, and there "dispose of 
 the latter." He adds that prior to the 
 meeting, he himself conveyed from Judge 
 Bullitt, at Louisville, to Bowles and Dodd, 
 at Indianapolis, special instructions to have 
 Coffin " putoutof the way" — " murdered" — 
 " at all hazards." 
 The opinion is expressed by Colonel San- 
 
 derson, under date of June 12th last, that 
 "the recent numerous cold-blooded assas- 
 sinations of military officers and uncondi- 
 tional Union men throughout the military 
 district of North Missouri, especially along 
 the western border," is to be ascribed to 
 the agency of the order. The witness Pit- 
 man represents that it is "a part of the 
 obligation or understanding of the order" 
 to kill officers and soldiers " whenever it can 
 be done by stealth," as well as loyal citizens 
 when considered important or influential 
 persons ; and she adds, that while at Mem- 
 phis, during the past summer, she knew that 
 men on picket were secretly killed by 
 members of the order approaching them in 
 
 In this connection may be recalled the 
 wholesale assassination of Union soldiers 
 by members of the order and their confed- 
 erates at Charleston, Illinois, in March last, 
 in regard to which, as a startling episode of 
 the rebellion, a full report was addressed 
 from this office to the President, under date 
 of July 26th last. This concerted murder- 
 ous assault upon a scattered body of men, 
 mostly unarmed — apparently designed for 
 the mere purpose of destroying as many lives 
 of Union soldiers as possible — is a forcible 
 illustration of the utter malignity and de- 
 pravity which characterize the members of 
 this order in their zeal to commend them- 
 selves as allies to their fellow-conspirators 
 at the South. 
 
 11. Estailishment of a North-western Qmfeder- 
 acy. — In concluding this review of some of 
 the principal specific purposes of the order, 
 it remains only to remark upon a further 
 design of many of its leading members, the 
 accomplishment of which they are repre- 
 sented as having deeply at heart. Hating 
 New England, and jealous of her influence 
 and resources, and claiming that the inter- 
 ests of the West and South, naturally con- 
 nected as they are through the Mississippi 
 valley, are identical, and actuated further 
 by an intensely revolutionary spirit as well 
 as an unbridled and unprincipled ambition, 
 these men have made the establishment of 
 a Western or North-western Confederacy, 
 in alliance with the South, the grand aim 
 and end of all their plotting and conspir- 
 ing. It is with this steadily in prospect 
 that they are constantly seeking to produce 
 discontent, disorganization, and civil dis- 
 order at the North. With this in view, 
 they gloat over every reverse of the armies 
 of the Union, and desire that the rebellion 
 shall be protracted until the resources of 
 the Government shall be exhausted, its 
 strength paralyzed, its currency hopelessly 
 depreciated, and confidence every-where 
 destroyed. Then, from the anarchy which, 
 under their scheme, is to ensue, the new 
 Confederacy is to arise, which is either to 
 unite itself with that of the South, or to 
 form therewith a close and permanent alii- 
 
TKEASOK TKIALS AT INDIANAPOLIS. 
 
 387 
 
 anoe. FutQe and extravagant as this 
 scheme may appear, it is yet the settled 
 purpose of many leading spirits of the se- 
 cret conspiracy, and is their favorite subject 
 of thought and discussion. Not only is this 
 scheme deliberated upon in the lodges of 
 the order, but it is openly proclaimed. 
 Members of the Indiana Legislature, even, 
 have publicly announced it, and avowed 
 that they will take their own State out of 
 the Union, and recognize the independence 
 of the South. A citizen captured by a 
 guerrilla band in Kentucky last summer, 
 records the fact that the establishment of a 
 new confederacy as the deliberate purpose 
 of the Western people was boastfully as- 
 serted' by these outlaws, who also assured 
 their prisoner that in the event of such es- 
 tablishment there would be "a greater 
 rebellion than ever 1" 
 
 Lastly, it is claimed that the new confed- 
 eracy is already organized; that it has a 
 "provisional government," ofiBcers, depart- 
 ments, bureaus, etc., in secret operation. 
 No comment is necessary to be made upon 
 this treason, not now contemplated for the 
 first time in our history. Suggested by the 
 present rebellion, it is the logical conse- 
 quence of the ardent and utter sympathy 
 tiierewith which is the life and inspiration 
 of the secret order. 
 
 Vm. — THE WITNESSES AXD THEIR TESTIMONY. 
 
 The facts detailed in the present report 
 have been derived from a great variety of 
 dissimilar sources, but all the witnesses, 
 however different their situations, concur 
 so pointedly in their testimony, that the 
 evidence which has thus been furnished 
 must be accepted as of an entirely satisfac- 
 tory character. 
 
 The principal witnesses may be classified 
 as follows: 
 
 1. Shrewd, intelligent men, employed as 
 detectives, and with a peculiar talent for 
 their calling, who have gradually gained 
 the confidence of leading members of the 
 order, and in some cases have been admit- 
 ted to its temples and been initiated into 
 one or more of the degrees. The most re- 
 markable of these is Slidger, formerly a 
 private soldier in our army, who, by the 
 use of an uncommon address, though at 
 great personal risk, succeeded in establish- 
 ing such intimate relations with Bowles, 
 Bullitt, Dodd, and other leaders of the or- 
 der in Indiana and Kentucky, as to be 
 appointed Grand Secretary for the latter 
 State, a position the most favorable for ob- 
 taining information of the plans of these 
 traitors and warning the Government of 
 their intentions. It is to the rare fidelity 
 of this man, who has also been the princi- 
 pal witness upon the trial of Dodd, that the 
 Government has been chiefly indebted for 
 the exposure of the designs of the conspir- 
 ators in the two States named. 
 22 
 
 2. Bebel officers and soldiers voluntarily 
 or involuntarily making disclosures to our 
 military authorities. The most valuable 
 witnesses of this class are prisoners of war, 
 who, actuated by laudable motives, have 
 of their own accord furnished a large 
 amount of information in regard to the 
 order, especially as it exists in the South, 
 and of the relations of its members with 
 those of the Northern section. Among 
 these, also, are soldiers at our prison camps, 
 who, without designingit, have made known 
 to our officials, by the use of the signs, 
 etc., of the order, that they were members. 
 
 3. Scouts employed to travel through the 
 interior of the border States, and also 
 within or in the neighborhood of the en- 
 emy's lines. The fact that some of these 
 were left entirely ignorant of the existence 
 of the order, upon being so employed, at- 
 taches an increased value to their discove- 
 ries in regard to its operations. 
 
 4. Citizen prisoners, to whom, while in 
 confinement, disclosures were made rela- 
 tive to the existence, extent, and character 
 of the order by fellow-prisoners who were 
 leading members, and who, in some instan- 
 ces, upon becoming intimate with the wit- 
 ness, initiated him into one of the degrees. 
 
 5. Members of the order, who, upon a 
 full acquaintance with its principles, have 
 been appalled by its infamous designs, and 
 have voluntarily abandoned it, freely mak- 
 ing known their experience to our military 
 authorities. In this class may be placed 
 the female witness, Mary Ann Pitman, 
 who, though in arrest at the period of her 
 disclosures, was yet induced to make them 
 for the reason that, as she says, "at the 
 last meeting which I attended they passed 
 an order which I consider as utterly atro- 
 cious and barbarous; so I told them I 
 would have nothing more to do with 
 them." This woman was attached to the 
 command of the rebel Forrest, as an officer 
 under the name of " Lieutenant Eawley;" 
 but, because her sex afforded her unusual fa- 
 cilities for crossing our lines, she was often 
 employed in the execution of important 
 commissions within our territory, and, as a 
 member of the order, was made extensively 
 acquainted with otlier members, both of 
 the Northern and Southern sections. Her 
 testimony is thus peculiarly valuable, and, 
 being a person of unusual intelligence and 
 force of character, her statements are suc- 
 cinct, pointed, and emphatic. They are 
 also especially useful as fully corroborating 
 those of other witnesses regarded as most 
 trustworthy. 
 
 6. Officers of the order of high rank, who 
 have been prompted to present confessions, 
 more or less detailed, in regard to the or- 
 der and their connection with it The 
 principals of these are Hunt, Dunn, and 
 Smith, Grand Commander, Deputy Grand 
 Commander, and Grand Secretary of the 
 
S38 
 
 TKBASON TRIALS AT INDIANAPOLIS. 
 
 order in Missouri, to whose statements fre- 
 quent reference has been made. These 
 confessions, though in some degree guarded 
 and disingenuous, have furnished to the 
 Grovernment much important information 
 as to the operations of the order, especially 
 in Missouri, the affiliation of its leaders 
 with Price, etc. It is to be noted that 
 Dunn makes the statement in common 
 with other witnesses that, in entering the 
 order, he was quite ignorant of its ultimate 
 purposes. He says: " I did not become a 
 member understandingly; the initiatory 
 step was taken in the dark, without reflec- 
 tion and without knowledge." 
 
 7. Deserters from our army, who, upon 
 being apprehended, confessed that they 
 had been induced and assisted to desert by 
 members of the order. It was, indeed, 
 principally from these confessions tliat the 
 existence of the secret treasonable organiza- 
 tion of the Knights of the Golden Circle 
 was first discovered in Indiana, in the year 
 1862. 
 
 8. Writers of anonymous communica- 
 tions, addressed to heads of departments 
 or provost marshals, disclosing facts corrobo- 
 rative of other more important statements. 
 
 9. The witnesses before the grand jury 
 at Indianapolis, in 1863, when the order 
 was formally presented as a treasonable or- 
 ganization, and those whose testimony has 
 been recently introduced upon the trial of 
 Dodd. 
 
 ■ It need only be added that a most satis- 
 factory test of the credibility and weight of 
 much of the evidence which has been fur- 
 tiished is afforded by the printed testimony 
 in regard to the character and intention of 
 the order, which is found in its National and 
 State constitutions and its ritual. Indeed, 
 the statements of the various witnesses 
 are but presentations of the logical and in- 
 evitable consequences and results of the 
 principles therein set forth. 
 
 In concluding this review, it remains only 
 to state that a constant reference has been 
 made to the elaborate official reports, in 
 regard to the order, of Brigadier General 
 Carrington, commanding District of Indi- 
 ana, and of Colonel Sanderson, Provost 
 Marshal General of the Department of 
 Missouri. The great mass of the testimony 
 upon the subject of this conspiracy has 
 been furnished by these officers; the latter 
 acting under the orders of Major General 
 Koseorans, and the former co-operating, 
 under the instructions of the Secretary of 
 War, with Major General Burbridge, com- 
 bianding District of Kentucky, as well as 
 with Governor Morton, of Indiana, W|ho, 
 though at one time greatly embarrassed, 
 ty a Legislature strongly tainted with dis- 
 loyalty, in his efforts to repress this domes- 
 tiOi enemy, has at last seen his State relieved 
 from the danger of a civil war. 
 
 But, although the treason of the order 
 has been thoroughly exposed, and although 
 its capacity for fatal mischief has, by means 
 of the arrest of its leaders, the seizure 
 of its arms, and the other vigorous means 
 which have been pursued, been seriously 
 impaired, it is still busied with its plottings 
 against the Government, and with its per- 
 fidious designs in aid of the Southern re- 
 bellion. It is reported to have recently 
 adopted new signs and passwords, and ite 
 members assert that foul means will be 
 used to prevent the success of the Admin- 
 istration at the coming election, and threat 
 en an extended revolt in the event of the 
 re-election of President Lincoln. 
 
 In the presence of the rebellion and of 
 this secret order — which is but its echo and 
 faithful ally— we can not but be amazed at 
 the utter and widespread proffigacy, per- 
 sonal and political, which these move- 
 ments against the Government disclose. 
 The guilty men engaged in them, after 
 casting aside their allegiance, seem to have 
 trodden under foot every sentiment of 
 honor and every restraint of law, humaa 
 and divine. Judea produced but one 
 Judas Iscariot, and Rome, from the sinks 
 of her demoralization, produced but one 
 Catiline; and yet, as events prove, there 
 has arisen together in our land an entire 
 brood of such traitors, all animated by the 
 same parricidal spirit, and all struggling with 
 the same relentless malignity for the dis- 
 memberment of our Union. Of this ex- 
 traordinary phenomenon — not paralleled, 
 it is believed, in the world's history — there 
 can be but one explanation, and all these 
 blackened and fetid streams of crime may 
 well be traced to the same common foun- 
 tain. So fiercely intolerant and imperious 
 was the temper engendered by slavery, 
 that when the Southern people, after hav- 
 ing controlled the national councils for 
 half a century, were beaten at an election, 
 their leaders turned upon the Government 
 with the insolent fury with which they 
 would have drawn their revolvers on a rebel- 
 lious slave in one of their negro quarters; 
 and they have continued since to prosecute 
 their warfare, amid all the barbarisms and 
 atrocities naturally and necessarily inspired 
 by the infernal institution in whose inter- 
 ests they are sacrificing alike themselves and 
 their country. Many of these conspirators, 
 as is well known, were fed, clothed, and 
 educated at the expense of the nation, and 
 were loaded with its honors at the very mo- 
 ment they struck at its life with the horri- 
 ble criminality of a son stabbing the bosom 
 of his own mother while impressing kisses 
 on his cheeks. The leaders of the trait- 
 ors in the loyal States, who so completely 
 fraternize with these conspirators, and 
 whose machinations are now unmasked, 
 it is as clearly the duty of the Admin- 
 istration to prosecute and punish as it 
 
TRBASOK TRIALS AT INDIANAPOLIS. 
 
 339 
 
 is its duty to subjugate the rebels who are 
 openly in arms against the Government. 
 In the performance of this duty, it is enti- 
 tled to expect, and will doubtless receive, 
 the zealous co-operation of true men every- 
 wherSj who, in crushing the truculent foe 
 
 ambushed in the haunts of this secret or- 
 der, should rival in courage and faithful- 
 ness the soldiers who are so nobly sustain- 
 ing our flag on the battle-iields of the 
 South. Respectfully submitted, 
 
 J. HOLT, Judge Advocate General 
 
 The history of the exposure of the North- 
 western Conspiracy would be incomplete with- 
 out the insertion of the following letter: 
 
 HeADQUAUTBRS KOBTnEBN DEPARTMENT) > 
 
 Columbus, Ohio, October 1, I8lj4. j 
 U(^OT- General Ilalleck, Ohi^ of Staff, Washing- 
 ton, D. C: 
 
 General: Soon after my arrival here, to 
 take command of this Department, I was in- 
 formed, from the War Department, of secret 
 organizations then forming in some of the 
 States of my command, and instructions to 
 try and ferret them out. I placed the papers 
 in the hands of Brigadier-General H. B. Car- 
 rington, stationed at Indianapolis, Indiana, 
 through whom I have been enabled to keep 
 the War Department fully informed of the 
 
 measures being taken by the disloyal. Through 
 his energy, perseverance and good judgment, 
 I am indebted for all the information I hav» 
 been able to transmit. Through the informa- 
 tion thus obtained, and the measures taken in 
 consequence thereof, we are indebted, mainly, 
 to being saved from the horrors of civil war 
 in tliese States. 
 
 I can not be relieved fj-om the duties of this 
 Department, without putting on record my 
 testimony in General Carrington's favor. 
 I have the honor to be. General, 
 Very respectfully. 
 
 Your obedient servant, 
 
 S. P. HEINTZELMAN, 
 
 Major-GeneraL 
 C. H. PoTTKE, Assistant Adjutant-General. 
 
REPLY OF H. H. DODD. 
 
 WiNDSOB, C. W., NoTomber 23, 1864. 
 Editort of the Cincinnati Enquirer: 
 
 Gentlkmek: In your issue of yesterday, in 
 an editorial article, I notice tbe following' 
 language: 
 
 "By the way, it would be instruotiTe to 
 learn where the money came from with which 
 Mr. Dodd's pistols were purchased; and fur- 
 thermore, how Mr. Dodd — crowded as Indiana 
 is with spies and secret policemen, every one of 
 whom know him, or had his portrait in pos- 
 session — contriTod to escape to Canada, with 
 his pockets full of the effigies of the Presi- 
 dent and Secretary of the Treasury," 
 
 The only force and effect of which is to 
 convey the idea that I have been acting in the 
 interest of the Administration party, and 
 have been paid for my services, and allowed 
 to escape through their instrumentality. 
 
 This unfounded assault upon my character, 
 originated with some irresponsible corre- 
 spondent of the Chicago Timea, at Indianapo- 
 lis, and which has since been made the basis 
 of editorial comments in the Sentinel and En- 
 quirer, and thus, intentionally or otherwise, 
 you are giving credence and publicity to the 
 "cimpUcity with Morton" dodge, gotten up by a 
 coterie of "Sons," who have seen fit to take the 
 benefit of the " baby act." 
 
 I certainly have no objection to your whip- 
 ping your Abolition contemporaries, or to 
 your censuring and condemning the men in 
 power or their measures; but I must enter my 
 solemn protest against the use of my sore 
 back as a medium to do the one or the other. 
 Neither do I complain of comments upon my 
 public or private acts, political principles, 
 combinations or associations, as against abo- 
 litionism, terrorism, despotism, usurpation, 
 oppression and military dictation; nor upon 
 any sins of commission or omission in this 
 direction. I am ready to hear "charges and 
 specifications," of attempted assassinations, 
 of estimates upon my ability, intentions or 
 purposes, and this sort of thing; make me out 
 an enemy to society from either weakness or 
 ambition; call me a revolutionist, or what 
 not, I am willing to leave to time to prove that 
 "The worst enemy to the peace of mankind »'» he 
 who renders a revolution necessary." 
 
 But to charge me with being a "spy and in- 
 former," that I would become a decoy to lure 
 unsuspecting associates into the boiling caul- 
 dron of "crime, hatred and malice," all for 
 the "effigies of the President and Secretary 
 of the Treasury," is to charge me with a 
 heinous crime against mankind, that I can 
 not permit to be laid at my door — and I may 
 not remain silent, when the editor of the En- 
 miirer, from personal knowledge, knows me 
 incapable of playing such a role. 
 
 Do you wish sincerely to know in regard to 
 the pistols? You will recollect that a gentle- 
 taan in New York claimed them as his indi- 
 
 vidual property, and by reference to my card, 
 published on the 5th day of September last, 
 you will find further explanation as to my con- 
 nection with the said pistols. It was not then 
 considered even a crime by Democratic jour- 
 nals, to buy and sell, or to keep and bear 
 arms. The amount involved was not so large 
 as to raise the inquiry, " Where the money came 
 from?" 
 
 My escape was no great exploit; not suffi- 
 ciently so, at least, to raise the question of 
 "Sow it was contrived?' A little affair of this 
 sort could be managed as well as the purchase 
 of a few hundred pistols, without the inter- 
 vention of the Government or any of its 
 agents. You do me great injustice when you 
 speak of me as some notorious criminal, per- 
 sonally known to all thief-catchers, and whose 
 picture every detective in the country carried 
 about with him. The fact that I have safely 
 arrived in a country where the " majesty of the 
 law" is respected, fully proves the contrary; for 
 how could I pass through a perfect forest of 
 detectives, secret policemen, spies, soldiers in 
 uniform, soldiers in citizens' dreas — in female 
 attire, dressed as hod carriers, as peddlers, 
 as white-washers, teamsters, wood-choppers, 
 spread all through the county of Marion and 
 adjoining counties; swaraiing in the cities of 
 Indianapolis, Cincinnati, Cleveland, Toledo 
 and Detroit, and upon every railway train; 
 yet simply because I was unknown to them, 
 and because they did not have my picture in 
 their pockets, I passed through them all un- 
 noticed. 
 
 It is no longer necessary to attack my 
 h«nor, to prove the Democratic "leaders" in no 
 way connected with the "Dodd conspiracy." 
 They are no more responsible for my acts than 
 I am for theirs, and I am perfectly willing 
 that the acts of some of them, in this case, 
 should be the standard, if the rest of them 
 will assent. 
 
 But the simple object of this note, however, 
 was to have you give my denial to the charge 
 of "complicity with Morton." This is all I ask, 
 so that the Democratic masses can see it over 
 my own signature. I care not who avers it. 
 I am satisfied to risk the question of veracity. 
 If you are incredulous, just inquire of Major 
 Burnett, General Hovey or Colonel Warner, 
 and methinks the energetic replies, will be 
 entirely satisfactory. 
 
 It may be that I committed an error in 
 abandoning the "Commission." Be this as it 
 may, I regret exceedingly to have made any 
 plea either to the jurisdiction or to the indict- 
 ment, or to have, in any manner, recognized 
 the tribunal. 
 
 The charge that I violated a parole is, like 
 all the rest, utterly false. I was in solitary 
 confinement every moment from the time of 
 my arrest until the escape. 
 
 BespectfuUy yours, etc., 
 
 H. H. DODD. 
 310 
 
PTJBLIOATIONS OF MOORE, WILSTAOH k BALDWIlt. 
 
 BAYARD TAYLOR'S 
 
 CYCLOPEDIA OF MODERN TRAVEL 
 
 A Sfcord of Advtnturey Exploration and Disooverff for the past fifty yeart. ComprUtng Narra- 
 tives of the most distinguished Travelers since the beginning of this Century. Prepared and 
 arranged hy Bayard Taylor. 1 volumey royal Bvo, 1034 pp. Embellished toith fine portraits 
 on steel hy Buttre^ and illustrated by over sixty wood engravings hy Orr^ and thirteen authentie 
 Maps by Schonberg, Sold by canvassing agents only. 
 
 A magnificent octavo volume, which, for general interest and value, is worthy of the dis- 
 tinguished compiler, aud equally worthy of universal patronage. The voUimo really con- 
 tains the value of a whole library, reliable as a book of reference, aud as interesting as a 
 book of romance. — Springfield {Mass.) Republican. 
 
 The popular lectures and writings of Bayard Taylor, have awakened in the United States 
 a thirst for information reapocting foreign countries and nations. A striking proof of this 
 13 given in the feet that a publishing house in Cincinnati have issued, under the auspices of 
 Bayard Tiylor, a volume of nearly one thousand pp., devoted exclusively to records of travel. 
 These ReportH are perfectly reliable ; the matters of fact of each explorer, often in his own 
 language, are condensed into a consecutive narrative, by the most competent living author 
 in the same departcient. — New York Independent. 
 
 The reading public owes to Bayard Taylor many a debt for rare and valuable Instruction 
 jiost agreeably conveyed ; but we doubt if he over performed a more nsefiil serT-ke than In 
 compiling this massive, varied and most valuable volume. The entire circle of books of 
 which he has given the spiiit and juice, would form a library ; aud many of them are now 
 almost inaccessible. Mr. Taylor's part lias been conscientiously done. It is not merely a 
 work of selection and groupings; much of it is his own statement of the results more 
 voluminously given, aud written In a clear and elegant style. We can not but regard it as 
 a very useful as well as entertaining work, well adapted to communicate accurate and com- 
 prehensire views of the world, and supplying for families an almost luexbaustiblo flind of 
 pleasant reading. — New York Evangelist. 
 
 No writer of the present age can be found so admirably qualified for such an undertak- 
 ing. — Louisville Journal. 
 
 Such is the full title-page of a magnificent octavo volnme of 1034 pages, Jc^t issued. . . 
 . 'We t>aid " a magnificent octavo." It is so whether we consider its contents, or the 
 superb style in which the publishers have gotten it up. It is just the book for the family 
 library ; all classes will be interested in its perusal. — Ladies* Repository, 
 
 The conception of tfais work is admirable ; and its execution is what might be expected 
 from one of the most accomplished and intelligent travelers of the age. . . It is remarkable 
 for its compactness, condensation and symmetry ; and whoever will take the time to read it 
 through, will possess himself of an amount of information, in respect to the physical, intel- 
 lectual, and moral conditition of almost every portion of the globe, which ho can scarcely 
 expect to find elsewhere. The w^ork is illustrated with a large number of maps and engrav- 
 ings, which are executed with great skill and care, and add much to the Interest of the nar- 
 ratives to which they are prefixed. — Puritan Recorder. 
 
 Mr. Bayard Taylor is the very Ulysses of modern tourists, and Emperor Adrian of living 
 ramblers — and so is qjialifled to edit, or compile, from the works of other travelers. . . . 
 It is but the merest justice to say, that Mr. Taylor has done all that even an uneasily satis- 
 fied reader could expect, to produce a capital book. — Boston Chroniote. 
 
 Apart from the confidence inspired by the name of the writer, it needs but a brief expla- 
 nation of its contents to show that it forms a highly important addition to the family library. 
 Its pages are crowded with interesting information. — New York 'Tribune. 
 From Professor C. O. Felton, of Harvard University. 
 
 A scholar, traveler and writer, having a reputation so deservedly high In this three-fold 
 relation as Bayard Taylor, may be presumed to give his name only to works worthy of it. 
 The present volume I have examined carefully, and have read a considerable part of it; and 
 I have found- it prepared and arranged with excellent judgment, and filled with matter uf 
 the highest interest and value. Both the plan and execution are, in my Judgment, marked 
 by ability, extensive knowledge, good taste, aud good sense. 
 
 From Oliver Wendell Holmes, M. Z*., Author of the *^ Autocrat of Vie Breakfast TabW etc. 
 
 Mr. Bayard Taylor has done the reading public a great favor in bringing together the 
 most essential and interesting portions of so many narratives within a very moderate com- 
 pass, and In such form as to be accessible to multitudes w^ose libraries must take little 
 room and cost but moderate expenditure. It is safe to say that no man's selection would bf 
 accepted so unhesitatingly in America as those of our own favorite travel story-teller. 
 
 From Hon. Robert G. Winthropt of Boston, formerly Speaker Home of Representatives, U. B. 
 
 I have examined it with great interest. It contains a large amount of entertaining and 
 instnici ive matter, very conveniently and carefully arranged ; aud I shall voluo it as a work 
 both for preieut reading aud future reference. 
 
P0BLIOATIONS OF MOOBE, WILSTACH & BALDWIN, 
 
 THE SCIENCE OF EDUCATION; 
 
 AND ABT OF TEACHING. IM Two Pabts. Bt John Oqmk, A. M. 
 
 One Yolnme, 12mo., 480 pp. Price, S 
 
 It is proper to Bay that Mr. Ogden has, for many years, b«en engaged almost exclnsirely 
 with Teachers and in Normal Schools. 
 
 NOTICBS. 
 
 From the Beo. Wm. BusseU, State Educatimial Lecturer, Mas9achuseU». 
 The trnly philosophical and thoroughly practical methods of early culture, KUggested ta 
 the primary teacher, if faithfully acted on, would make ourelementar>*6<-hool8 scenes of the 
 most attractive aud delightful, as well as instructive, occupation for childhood. 
 
 From Wm. F. Phelps, A. JJ/., Principal of the JTcto Jersey State Normal Schools. 
 My Bear Sir: Allow me to say that, in my humble judgment, you have struck the right 
 vein, both in the conception and execution of your ideas regarding ilie Pliilosophy of T«ich- 
 ing. You afford a splendid coutijibution to our limited means Itir ihe training of Teachers. 
 A good scholar merely has futfilTed only one of the comlitions essential to a good educator. 
 AVhat we most need is a clear elncidatiou and a scientific chissificaiion of the principles of 
 education, so that they may ho mastered and applied to the rearing aud training of rational 
 and immortal beings. I need not assure you that this task you have, according to my no- 
 tions, most happily executed. The application of diagrams to the work seems to me to be a 
 happy thought, addressing the subject to that most perfect of all senses, the sense of sight. 
 
 From Cyrus EnowHon, Esq., Principal of Httghes High School, Cinetnnaii. 
 
 Jt is by far the best work of the kind with which I am acquainted. 
 
 From A. J. liiclcoff, late Superintendent of dncinfiali Public Schools. 
 
 Messrs. Moore, WitSTAcn & Baldwin : I have given attention to every work announced 
 in England or this country, treating upon this subject ; aud I may any, without hi-sitation, 
 that Hr. Ogden's treatise is, in its conception aud arrangement, the most scienfijic among 
 them all. It can not be read by the teacher without great practical advantage ; it will pro- 
 pare him for the business of the schoolroom ; it will give ucw direction to his specilatious ; 
 it will, I believe, greatly assist to eatahlish the business of teaching as a prufessioi.. 
 
 Schoolmasters owe it to themselves and their profession, to give this Cook a circulation 
 never yet reached by any of a similar character. Its use should not be confined to teachers 
 alone. It should find a place in the library of fvery fimiity, as the most valuable coutriba- 
 tiou yet mado in our language for the advancement of education. 
 
 OGDEN ON EDUCATION, 
 
 Is a very full and systematic work on the general subject of education, full of suggestive 
 
 tbonghts, tersely expressed. They deserve aud demand pro{)er consideration, seasoned by 
 
 that confidence in their author vrhich his evident carefulness aud experience beget. — RJiodo 
 
 Island Schouluiasler. 
 
 Is just the hand-hook for teachers who intend to be thorough and foremost in their pro- 
 fTSHJun. Int>-lligent parents would fiuO it an interesting aud valuable aid iu the hours when 
 they "ponder in their hearts" how to bring up children. — TorotUo {C. IK.) Colonist. 
 
 A very elaborate, philosophical, and thorough work on a great subject, too much over- 
 looked bT thinking men. . . Must bo immensely valuable to every parent and teacher. — 
 
 N. Y. Observer. 
 
 Contains, in a single volume, a great deal of valuable material. The whole subject of 
 human culture is laid before the reader, aud treated in simple,* yet comprehensive language. 
 . . . Parents and teachers should bo induced to study ihl:^ excellent wo rk.-^Jlf assocAu* 
 uttB Teacher. 
 
 Hnfi many features, both novel and Ingenioiis, which entitle it to consideration as an 
 criginal work. — New York Century. 
 
 Eaters very fully and closely into the philosophy of teaching. — Philadelphia Press. 
 
 Is a sound, judicious and original work. It docs not deal in commonly-received notions, 
 but really enters into the profound themes, upon which it treats with great sti'ength of 
 thought, keenness of perceptjon, and practical skill. — ZioH't lleralU, liostou. 
 
 It is the only work extant that can pretend to a full and complete system of instruction. 
 Much has jireviously been written on llie subject that is valuable, which hiw failed, however, 
 in a great measure, to become available, hccaut>e of (he alMonce of Aysti-m,and a failure even 
 to recognize a systemutic arrangement as a desideratum. Sir. l>gdeu a|fproxiuiales more 
 nearly a Buientific treatment of his subject than any author we have met. — Ivteu Iiutructar 
 aud School Journals 
 
PUBLICATIONS OF MOOEE, WILSTACH & BALDWiJSl. 
 
 RUFUS CHOATE'S FAVORITE AUTHOR ON RHETORIC. 
 
 A STICCESSFTJIi NGW SCHOOI^ BOOK. 
 
 RHETORICrL PRAXIS: 
 
 The principles of Rhetoric Exemplified and Applied iu CopiouB Exerciees for Systematic 
 Practice, chieMy in tho Development of Thought. 
 
 BY IIKIVKY IV. DAY, A. M., 
 
 Author of " The Art of Elocution," and of " Elements of the Art of Bhetoric." One vol- 
 ume, 12mo., 309 pages. Price, 75 cents. 
 
 From the Superintendent of Circleville (0.) Public Schools, 
 T hftTo examined it carefully, and with much satisfaction. I believe it is a most excellent 
 irork, Rud needs only to be known to secure for it an introduction into all our High Schools. 
 We have adopted it as a text-book. Respectfully yours, John Lynch. 
 
 Ji'rom the Nao York Independent. 
 The design of this work is to train the pupil in tho principles of Rhetoric as applied to 
 the unfuliliug of thought; so that Rhetoric, instead of an artificial code of rules, is aphilo- 
 sopliical outgrowth of idoas and tho principles of language. The plan is excellent, and tbo 
 various exercises are prepared wilh judgment and skill. Tho pupil is taught to analyze his 
 ideas ; to get at tlio theme or proposition to be stated ; aud then to frame this in appro- 
 priate words. Prof Day brings to his tusk philosophical judgment, refiuod tasto and prac- 
 tical experience. His work should become a text-book iu tUl achoolsi iu lieu of the cus- 
 tomary exercises in composition. 
 
 From the Neio Englander, Novemberj 1860. 
 Bheforical Praxis. — Books of Rhetorical Praxis are usually the dullest And most unprofit- 
 able of all text-books. The ingenious author of this volume has certainly proposed to him- 
 self tho truo ideal to be accomplished in teaching Rhetoric; Tor he would teach his pupil to 
 write by teaching him to think. "We believe this book to bo superior to any other of the 
 kind, aud to have the highest claim upon i>ractical teachers for a trial, for its thoroughness, 
 its comprehensiveness, as well as for the great ingenuity and skill with which it has been 
 prepared. We recommend it most cordially to teachers. 
 
 JVoTTi the Ediica/t'oTUxl Repository and Family Monlhljft Atlanta, Georgia. 
 
 It is a thoroughly practical treatise for developing the art of discourse upon a true idea. 
 Almost all systems of Rhetoric which aro in commou use in the English language, proceed 
 upon the idea that style is every thing, and pay but little attention to the thought itself. 
 This work just reverses these plans, goes back to the systems of the Greek fathers in Rhet- 
 oric, and finds the true doctrine iu tho fact so well stated by Daniel Webster, that " all true 
 power in writing Is iu the idea, not in the style," aud that the first of all requisites, as Sir 
 Walter Scott observes, is in " having somothiug to say." Tho " Development of the ThouglW* 
 is the basis ; aud when the thought stands out in all its woll-bullt proportions, the drapery 
 of-style is thrown around it. We haven't spaco to give as thorough a notice of this work 
 as we feel inclined to do. No better book can be placed iu the bauds of youog students in 
 our male colleKes. It should be closely studied by every Freshman class iu every college, 
 *nd in all the high schools in this couutry. If a teacher can notsucceed jn teaching the art 
 of composition with this work, he need try no other. More than five hundred themes are 
 given iu the latter part, adapted to all grades and classes. Wo sincerely wish we could have 
 liad this book years ago. 
 
 From the New York Observer, November, 1860. 
 
 This work is truly scientific and practical. It seizca tho old idea of invention, unfolded 
 by both Aristotle and Cicero, and develops it in the light of modern metaphysics, and thus 
 illuminates it and adapts it to the present analysis of the mental powers. It is, to all intents 
 and purposes, the art of thinking, rather than of writing. It niakps thought the pedestal- 
 style the shaft ; ideaij the soul, and body, too, of composition ; style the mere habiliments— 
 the having something to say — the motive power— the manner of saying it— the mere ma- 
 chinery, iu one cose characteriied by strength, iu another by grace, beauty and polish. 
 
 The object of the Praxis, theu, Is to induct the pupil into the habit of thought, to teach 
 him to select an object or subject on which he shall fix his mental powers, and then put 
 down, without regard at first to style, just the ideas arising iu his owu mind, fcs he carefull/ 
 andcoutinuouslybeholde or contemplates the object, 
 
 L«t teachers try it ; they will not be dlsappr'nted. It \b an aid In the right direction. 
 
PUBLICATIONS OF MOOEE, WILSTACH & BALDWIN, 
 
 OmOLA^; 
 
 jL New and Complete Hymn and Tune Book for Sabbath 
 
 Schools. 
 
 Bt WILLIAM B. BRADBURY. Author of "The Shawm," "The Ju- 
 bilee," "Singing-Bird," "Sabbath-School Choir," etc. 
 
 From the New York Observer. 
 TliiR is a large collection of HyimiB and Tunes, admirably adapted to the use of Sabbath 
 SvIuidIs and all occasionB for social singing among the young. The tunes are judiciously 
 Sflecttd, comprising a large number of those which are favorites with the children, and 
 altogether it is the most complete work of the kind that we have ever seen. 
 
 From the New TorJc Evangelist., Septernber. 
 One of the most attractive features of the Sabbath School, next after, and sometimes even 
 before that of the library, is the singing. To improve this, and to make it the channel for 
 conveying truth, in the beautiful form of hymns, to the young mind, is a noble aim. The 
 author has essayed to megt this object, and has furnished us with a volume containing not 
 far from 500 hymns and tunes. We have been much pleased with the tasteful and judicious- 
 maunerin which the lask has been executed. 
 
 From the New York Century^ September. 
 The object of this book is to raise and vary the character of music and singing, which are 
 important elements in Sabbath School tuition. All the melodies it contains have been well 
 selected, and are associated with pure and elevated ideas. Simple directions are given for 
 the learning of new tunes. We can safely recommend it to the attention of teachers and 
 learners of singing classes. 
 
 From- the Presbyterian Herald^ Louisville. 
 Oriola. — ^We have received from the Publishers a copy of a little Hymn and Tune Book for 
 Sabbath Schools, by Wm. B. Bradbury, with the above title. For several reasons we deem it 
 the best that we have seen, and cordially recommend it. 1st. It is the best and has the 
 greatest variety of tunes, having 250 pages and nearly 200 tunes. 2d. There are several sets 
 of words to each tune, thus keeping it fresh for a longer time. 3d. The selection of both 
 words and tunes is altogether the best we know of. ith. It contains many of the good old 
 church tunes and liyraus which should be taught to Sabbath Schools, as well as the peculiar 
 Sabbath School tunes. It contains, viz.: Ortonville, Laban, Balerma, Zephyr, Martyn, 
 I^bron, Duke Street, Old Hundred, and the like. This is a very great recommendation, 
 aiding, as it does, the much-coveted, yet rare congregational singing. 
 
 From the Christian Times^ CJiicago. 
 *' Oriola " contains a fine selection of Tunes and Hymns, specially adapted for Sunday 
 Schools. Most of the good popular Sunday School melodies of the present day are inserted, 
 while a large number of new pieces have been composed expressly for this work. " Animated, 
 but not boisterous ; gentle, but not dull or tame " are directions that will apply to mopt 
 of the compositions in this book. 
 
 From the Central Cliristian Herald. 
 It contains those pieces which have been sung with such interest and effect at Sabbath 
 School meetings and Uiiion meetings of various kinds for a few years pa«t. In addition to 
 these choice old friends, Mr. Bradbury presents to us some of his best music, composed 
 expressly for this work. It is undoubtedly the Sabbath School Hymn and Tune Book of our 
 day; and must come at once into general use. 
 
 PoMEROT, Ohio, September. 
 Ir. my judgment as a musician, after twenty years' experience, I have never seen as good 
 ■ book for Sabbath School children. Yours, respectfully, A. W. WillIA-ms- 
 
 Rev. W. C. Van Meter, of the Fourth Ward Mission, Kew York, for several years, and, 
 until very recently, connected with the Five Points' Mission^ writes to the publishers: 
 
 " Success to the ' Oriola I ' The mere I see of it the better I like it. I wish all my favor- 
 ites were in it ; but as it is, the booK is the best now out." 
 
 From T. J. Tone, Principal George Street Public School, 
 
 Cincinnati, October. 
 Dear Sir : In your " Oriola '* I find a large collection of gems, well adapted to meet the 
 wants of our Sunday Schools. We have had it in use nearly two months, and have been 
 delighted in rehearsing its contents. |Childreu love music that is cheerful, lively and flow- 
 ing. Their young and fervent affections feed upon ihat which is passionate and jubilant. 
 Among the characteristics of your book, I am happy to find these very marked. 
 Yours, truly. 
 
PUBLIOATIONB OF MOOEE, WIL8TA0H & BALDWI5. 
 
 THE WHEAT PLANT: 
 
 At Origin^ OnUure, Growth^ Development^ Oompottfion, Var%etie$, Diieatee, ete. ; together with a 
 Chapter on Indian Corn, ite Culture, etc. By Jobn H. Klifpabt, Corre^tmding Bearttar^ 
 ^f <A« Ohio State Board </ AgruMltw, One hundred Uluttraiione. One volume 12mo., itp. 
 706. Prt'ce, «1 60. 
 
 from the Oineinnaii Commerctal. 
 
 Ko work In the langnage will be found to equal it in the complete, thorough dfscuBBlon 
 
 of the great cereal in its entire history. The book ought to be considered Indispenaable to 
 
 every i&rmer, and will be an addition to the library of every intelligent merchant as well 
 
 ai devotee to Bcience. 
 
 Fr<»n the Jtft'Iwauite* Daily TFucotutn. 
 We have read it with profit and interest. It should be placed in the handi of every &rmet 
 hk 'WiscouEin. Ohio is one of the best wheat-growing States of the Union ; yet the average 
 of wheat to the acre has declined from twenty-five bueheU to thirteen — all for the want of 
 mltivation by artificial Btimulanta aod manures. In !EngIand the crop has been more than 
 doubled, until it now averages thirty-six bushels to the acre. This bos been accompliihed 
 by the closest attention to the wants of the soil. 
 
 From the A*cw Fork Tribune^ 
 The author of this instructive treatise has employed the labor of many years to a thor- 
 ough investigation of the important plant to which it is devoted. A minute and accurat* 
 knowledge of the subject is exhibited on every page, and its fallness of detail, clearness »f 
 illufitration, and variety of information, must at once elevate it to the rank of a stan- 
 dard authority. 
 
 From the Iowa State Demoerai. 
 It would occupy too much space to go into a general review of this truly valuable work, 
 but we must content ourselves with a few brief sentences taken at random. . . • It is 
 highly important that it should be in the hands of every Coj-mer in the Union. 
 
 From the Louitville Journal, 
 The above Is a work of over seven hundred pages, comprehending all that Is known as to 
 ttie physiology, culture, varieties, diseases, etc., of the wheat plant. The first comprehen- 
 sive treatise ever produced in this country on this subject, and perhaps the most thorough 
 work on the subject ever published. ..... 
 
 From the Cleveland Morning Leader. 
 The importance to farmers and all agricultorists of such a book as this, written with 
 great care by such an author, can not be too highly estimated. The Wheat crop is the 
 great crop of the West. , . . Mr. Klippart, from his widely-extended acquaint' 
 ance with eminent and practical agricnlturists, has abundant means for comparing notes 
 wid making practical observations, which his abilities as an author enable him to present, 
 
 In the most beneficial manner, to those interested Every former 
 
 should have a copy of this invaluable work. It will amply repay Its cost. 
 
 From the Davenport Daily Qaxette. 
 This work has been prepared with great care by a man perhaps better qualified for th« 
 task than any other pei*son in the country. He has produced a work which should be in 
 the hands of every agriculturist, as it contains a vast amount of information which, if 
 properly put into practice, must result in better and more certain wheat crops. 
 
 From ilie American Farmert Baltimore. 
 We have examined this work with great interest, and have marked many of its pages for 
 future reference and quotations in our magazine. 
 
 From Prof. Hoyt^ in Wisconein Farmer. 
 The most elaborate, but also the most valuable production hitherto pablisb«d on that 
 important subject in this country. 
 
 From L. V. Bierc*, in Ohio Farmer. 
 To point out any particular portion as particularly excellent, where all Is first-rate, is a 
 difficult task. Ko &rmer should be without it. 
 
 From the Country Gentleman. 
 It Is the result of carefal and untiring investigation, which, although conducted with 
 sp«:ial reference to this crop, its variotiea, growth, etc., in Ohio, can not but be of great 
 service to the farmers of other States. 
 
PUBLIOATIONS OF MOOBE, WIISTAOH ^ BALDWIB. 
 
 PRACTICAL LANDSCAPE GARDENING. 
 
 Bif G. M. Kk&k. Containing Ttoenty-Ueo Uluatratiom and Plant for laying otU Grcund»t w*** 
 full direction* Jitr Pkmting Shade Tree*, Shruhhery and Flowen, Third Edition. 0n9 voIufM, 
 I2f7i(»., Mwlin. Fricet 91 50. 
 Mr. Kern has produced tha right book at the right moment. — Putnaihl's Magazine. 
 
 Hia suggestions are in an bminent degree Taluable, and his opinions (which are ex- 
 pressed in clear, concise, and lucid diction) easily interpreted, by even the most limited 
 conception, fairly assert hia claim to a station in the foremost rank of rural improTOT8.->- 
 K. T. HorlicvUttri^. 
 
 It abounds in useful and tasteful suggestions, and in practical instructlona. — l^or(het% 
 
 Farmer. 
 
 It is a very timelyand valuable book Better adapted to the wants and cir- 
 
 cumstaaces of our people than any other upon the sutyect. — Ohio OuUivator. 
 
 Ko one can long walk hand in hand with Mr. Kern without being sensible that he is in 
 th9 hands of one who is worthy of all confidence. — Lov.iaville Courier. 
 
 Has so nobly succeeded as to render his volume an invaluable acquisition to all. — Bo^en 
 
 Traveler. 
 
 It is plain In its details, and will be more valuable to the million than any work on the 
 object of Landscape Gardening yet published. The mechanical execution of the volume iff 
 the very perfection of printing and binding. — Ohio Fanner. 
 
 Admirably calculated to meet the wants of fhe public. — BoBt<yn Atlae, 
 
 By a careful perusal of this little volume,, which will cost but $1 50, the purch^er will 
 probably find that he has learned what he has been all his life wishing to know, and what 
 will be worth to him raoro than ten times its cost. — Nashville Whig. 
 
 He descends to the minutest details of instruction, so that hia book mav ba taken as a 
 nanual for the practical operator. — N. ¥. Evangelist. 
 
 GRAPE AND STRAWBERRY CULTURE. 
 
 The Culture of the Grape and Wine Mahing. By Bobebt Buchanab". With an Appendix^ con- 
 taining Directiont for the CuUivciiion of the Stratoberry. By N, Longwosth. Sixth Edition. 
 One volume, ISmo., Mtialin. Price, 63 cents. 
 
 It contains much opportune and instructive information relative to the cultivation of 
 
 these two delicious fmitB.—Michigan Farmer. 
 
 One of the books which pass current through the world on account of the great authority 
 •f the author's name. — Soboken Gazette, 
 
 There are no men better qualified for the undertaking. — Louisville Journal. 
 
 It deals more with facts, with actual experience and observation, and loss with speoula- 
 llon, supposition and belief, than any thing on the topic that has yet appeared in the 
 United States. In other words, a man may take it and plant a vineyard, and raise grape* 
 with success. — Horticulttirist. 
 
 We can not too strongly recommend this little volume to the attefhtion of all who have a 
 vine or strawberry bed. — Farm and Shop. 
 
 This book embodies the essential principles nec^ssaTy to be observed in the successful man- 
 agement of these fruits. — Boston Cultivator. 
 
 We have on two or three occasions snid of this little book, that it is the best we have ever 
 B*en on the subjects of which it treats. A man with ordinary judgment can not fail ia 
 grape or strawberry culture, if ho tries to follow its advice. — Ohio Farmer, 
 
 HOOPER'S WESTERN FRUIT BOOK. 
 
 A Compendious Collection of Facts, from the Notes and Experience of Successful FruU Oult»- 
 rists. Arranged for Practical use in Orchard and Garden, One voluTne^ 12ino., vitit Ulustrm- 
 tions. P'rice, $1 00. 
 Three thousand copiei of thli work hare already been disposed o£ 
 
PUBLIOATIONS OF MOOEE, WILSTAOH & BALDWIIf. 
 
 RENOUARD'S HISTORY OF MEDICINE. 
 
 A Ristory of ilferlicme, from Ut Origin to the Ninetetnth Oenturj/y luith an Appendix, containing 
 a teries of PhiloBophic and Bistorio Letters on Medicine of the pre$ent Glmitiry, bj/ Dr. lietiou- 
 ard, Paria. Trttnslated from the French, li/ C. O. Comegya, Prof. Imt. Med. in Miami Med' 
 ical College. One volume octavo. Sheep. Price, $1 00. 
 
 BYNOPTIO TADLE OF CONTENTS I 
 
 I. AGE OF FOUNDATION. 3. PBIMITIVE PEKIOD ; From, the Origin of Society 
 to the Destruction of Troy, 1184, B. C. 2. SACRED ob MYStlC PEEIOD : Ending with 
 the Dispersion of the Pythagoreans, 500, B. 0. 3. PHILOSOPHIC PERIOD : Euding at 
 the Foundation of the Alexandrian Library, 320, B. C. 4. ANATOMICAL PERIOD : 
 Ending nt the death of Galon, A. D. 201). II. AGE OF TRANSITION. 5. GREEK PE- 
 RIOD : Ending at the Burning of the Alexandrian Library, A. D. 640. 6. ARABIC PE- 
 RIOD : Ending at the Revival of Letters in Europe, A. D. 1400. III. AGE OF RENO- 
 VATION. 7. ERUDITE PERIOD: Comprising the Fifteenth and Sixteenth Oenturioa. 
 8. REFORM PERIOD : CompriBiug the Seventeenth and Eighteenth Centuries. 
 
 Prom Profeator JackMnf of the University of Pennsj/hiania. 
 
 Philadelphia, May 1, 
 My Bear Sir — The work you have translated, "Histoire de la Medecine," by Dr. P. V. 
 Benouard, is a compendious, wcU-arrangGd treatise on the subject. 
 
 Every physicion and student of medicine should be acquainted with the history of bi« 
 science. It is not only interesting, but of advantoge to know the views and the interpreta- 
 tions of the same pathological conditions investigated at the present day, in the past ages. 
 They were handled then with as much force and bkill as now, but without the scientiflo 
 light that assists so powerfully modern research. 
 
 Very truly yours, SAMUEL JACKSON. 
 
 The best history of medicine extant, and one that will find a place in the library of every 
 
 physician who aims at on acqunintonre with the past history of his profession 
 
 . There are many items in it we should like to offer for the instruction and amusement of 
 our readers. — American Journal of Pharmacj,: 
 
 From the pages of Dr. Renouard, a very accurate acquaintance may be obtained with the 
 hlstoi-y of medicine — its relation to civilization, its progreea compared with other sciences 
 and arts, its more distinguished cultivators, with the sovfral theories and systems proposed 
 by them ; and its relationship to the reigning philosophical dogmas of the several periods. 
 His historical narrative is clear and concise — tracing the progress of medicine through its 
 three ages or epochs — that of foundation or origin, that of transition, and that of renova- 
 tion. — American Journal of Medical Science. 
 
 It is a tcork of profound and curions retearch, and will Jill a place in our Engliah literatum 
 which has heretofore been vacaiif. It presents a compact view of (lie progress of medicine in dif- 
 ferent ages; a lucid exposition of the theories of riral accts; a clear delineation of the changes 
 of different systems ; together with the hearings of the urhole on the progrew of civilization. Th« 
 work aleo abounds in amusing and instructive incidents relating to the medi.sl profossion. 
 Tho biographical pictures of the great cultivators of the science, such as HippOLrates, Galen, 
 Avicennfl, Haller, Harvey, Jenner, and others, are skillfully drawn. Dr. Comegys deeerve* 
 tlie thanks of not only the members of the medical prof eaaion, but also of even/ American scholar, 
 for the juiclUy and success with which his task luxs been performed. — Htuper^n Magazine. 
 
 From the British and Foreign Medico -Chirurg ical Review. 
 
 Bistory of Medicine.— It Is expressly from the conviction of the deficiency of the English 
 language in works on tho History of Medicine, that we feel indebted to Dr. Comegys for 
 tho ezcollent translation of the comparatively recent work of Renouard, the ntle cf which 
 
 is plac.d at the head of this article We hope before long to find that in 
 
 every important school of medicine in this country, opportunities will be offered to stu- 
 dents whereby they may be enabled to attain some knowledge at least of the history of 
 that profession to the practice of which their Uvea are to be devoted. 
 
PUBLICATIONS OF MOOBE, WILSTAOH & BALD-WIN. 
 
 THE AMERICAN DISPENSATORY, 
 
 BY JOH]V HIKC}, Hff. !>., 
 
 I 
 
 Professor of OhUetridt and IHieeuet of Women and Childrent in Iht •' EcUctie Medical Ituti- 
 
 tuUj Cineinnati.^^ 
 
 ONE VOLUME ROYAL OCTAVO, 1509 PAGES. 
 
 THE SIXTH EDITION, BEVISED AND ENLAEGBD, 
 
 ^JLBT I contains an account of a large number of modicinal plants indigenous to this conn- 
 try, many of which were for the first time presented to the profession in this w^ork, giving 
 their botanical descriptions, general chemical histories, therapeutical properties and uses, 
 together with a large amount of iuformutiou relative thereto, of practical value to the 
 chemist, pharmaceutist and physician. 
 
 Part II contains practical pharmacy, and a description of the various pharmaceutical 
 compounds in use among Medical Beformors, especially of that class to which the author 
 belongs, l^nown as Eclectics. The various chemical and pharmaceutical processes de« 
 scribed are mainly those of receut date, and such as have been found by ample cxperieuca 
 to he the best ; those are fully and clearly explained, so that every apothecary may be jen- 
 abled to prepare, without difiiculty, all or any of the more modern preparations of Be- 
 formera, whenever ordered. 
 
 Part III is devoted to the various mineral medicines, their chemical histories, therapeuti- 
 cal virtues and uses, together with a vccabulai^ explaining the Latin words anil abbre- 
 viations frequently met with in medical prescriptions; tables of doses; weights and 
 measures; chemical composition of mineral waters; specific gravities; hydrumetricaj 
 equivalents ; solubility of salts, acids, bases, etc., etc., all of which are of much utility 
 and indispensable to the chemist and pharmaceutist. The work contains a full aud com- 
 plete index, so arranged that any medicine, compound, or table, etc., may be promptly 
 found without any delay or difficulty. 
 
 Although many valuable Dispensatories have been presented to the Physicians and Phar- 
 maceutists of this country and Europe, they have all, excepting the former editions of this 
 Work, been confined to an account of those remedies only which have been recognized and 
 employed by that class of Physicians termed " Old School, or "Allopathic," and have, 
 therefore, only partially answered the purposes of the largo number of progressive medical 
 meu found in these countries. In the present Dispensatory, aa already remarked, not only 
 are all the known medicinal plants described, as well as their numerous pharmaceutical 
 compounds, hut likewise all those poisonous mineral agents so strongly objected to by the 
 New -School Physicians — thus forming a volume full aud complete iu itself. There is no 
 other work in Europe or America containing such completeness of information regarding 
 the history of therapeutical virtues, and uses of indigenous and exotic medicinal plants, nor 
 which so fully explaius the various processes by which their properties are extracted, or 
 their compounds prepared ; and, indeed, much of the matter presented can be found in no 
 . other volume extant. To render the work practically useful to the Physician and Pharma- 
 ceutist, and to bring it up to the discoveries and improvements in medical science of the 
 present day, neither pains nor expense have been spared. lu bringing the work up to its 
 present standard of excellence, the author has had the efficient aid of a gentleman well 
 known throughout the country as a thoroughly accomplished Chemist and Pharmaceutist ■, 
 one who is daily engaged in the practical pursuits of his profession. 
 
 NOTICES OP FORMER EDITIONS. 
 
 Good Old-School Authority.— The AmeiHcan Journal of Pharmaoy speaks of the work as 
 follows : " We hava taken some pains to give it a careful examination, although pressed for 
 time. . . . The numerous plants which are brought forward as Eclectic Reme- 
 dies, embrace many of undoubted value. . . . The work embodies a large num- 
 ber of facts of a Therapeutical character, which deserve to bo studied. Many of these are 
 capable of being adopted by physicians, especially by country physicians, who have the ad- 
 vantage of mora aasily getting tha planti. . , . Tha attautiou irhich ia now 
 
PnBLIOATIONS OF MOORE, WILSTAOH & BALDWIN, 
 
 beiug givoH by the Kclectics, in clasaifyiiip auJ arranging facts and obaorvatlona relatire to 
 American phvnts, will certainly be attoudod with oxcellont resutts. 
 
 "It would afford us much pleaauro to extract a number of articles ftom the Eclectic ZMi- 
 pfmaUinj, bnt the length of this article admoulehos ua to stop ; yet wo can not close without 
 aUjudgins to Dr. King the merit of giving perspicuity and order to the Tost mass of mate- 
 rial colkctod under the name of Botanical Medicine, and for his determination to oppose 
 the wholoKale quackery of Eclectic Chemical Tuatitutes. The Eclectics have opened ft wide 
 field for the rational therapeutist, and the organic chemist ; and we hope that phyBicIani 
 and apothecaries will not be repelled from reaping the harvest which will accrue to obser- 
 vatiou and experiment." 
 
 The examination we have been able to give It, has conrinced us that a great deal of labor 
 has been bestowed upon the production, and that it contains an account of a larger number 
 of the medical plants Indigenous to our country, than any other work with which we aif 
 acquainted. — Michigan Journal of Medicine. 
 
 Lengthy reports, commendatory of the work, have been made, and numerous Medical Col 
 leges have adopted it as a text-book. Thousands of copies have been eagerly purchased by 
 parties residing in nearly or quite every State of the Union, in Canada and the provinces, 
 and, indeed, in all parts of the world where the English language is spoken. At no former 
 time has the demand been so urgent, or the orders on hand half so large as at present. 
 
 KING'S AMERICAIV ECL.ECTIC OBSTETRICS. 
 
 By John King, M. D. 1 vol. royal 8vo., sheep, 800 pages. Price $ 
 
 "We hare carefully examined Dr. King's work, and can honestly recommend it as a saf^ 
 and judicious guide both to the student and to the practitioner of midwifery. In the treat- 
 ment of the different subjects it differs but little, if at all, from the standard works on Ob< 
 stetrics in the English language, except that the employment of a number of articles of the 
 materia medica, not much in vogue among regular practitioners, is much insisted uu in the 
 medical treatment of women in the puerperal state. — BoMton Medical and Surgical Journal 
 (Old School). 
 
 We consider it as the best practical work on Obstetrics extant. — Middle State$ Mediail 
 Seformer. 
 
 Probably no man has done more than Prof. Kino to elevate the literary character of the 
 particular class of the medical profession to which he belongs. In this age of light and 
 intelligence, no class of medical men can sustain tbcmselvos, and commend their particular 
 systemti to an intelligent public, without giving evidence of high attainments in literature 
 as well as science. Prof. King, if he stands not at the bead, is certainly not surpassed by 
 any of his colleagues. Bis work on Obstetrics bears evident marks of the same master- 
 mind shown BO couFtpicuously in his Dispensatory. It is elaborate, thorough in all its de- 
 tails, and so faros we have been able to examine, fully equal to the works of any other class 
 of physicians on that subject. — Worceeter Journal 0/ Medicine. 
 
 KIIiG'S (JOHIV, n. D.) CHART OF VRI]\ARY DE- 
 POSITS. 
 
 EXTEACT3 FROM NOTICES. 
 
 TabU oj XJrvnary Depoaittt iotlh their Microacopical and Chemical Testa for Clinical Ezami' 
 nations. By John King, M. D., Cincinnati. This is a very valuable chart, giving, at a 
 glance, the estjcutial facts in regard to the various forms of urinary deposits, their chemical 
 constituents, and their remedies. There are thirteen well-executed drawings, and several 
 tables. This chart can be framed and bung up in the physician's office, and thus easily 
 -eferred to. We heartily commend it to tbe attention of our readers. — Hete Jersey Medical 
 fUp-jrUr. 
 
 The result of much labor and close observation. It will be useful for reference, and par- 
 ticularly valuable to tbe Medical student. Dr. King, of Cincinnati, Is the author, and de- 
 serves much credit for this valuable contribution to Medical Science. — Iowa Medioai 
 Journal. 
 
 Tabu of Urinary Depoaita^ etc. This Is a valuable aid to any one who makes exam- 
 inations of urinary depueits, containing thirteen figures of these deposits, as they appear 
 vnder the microscope. — Ne%o Hampshire Journal of Medicine. 
 
 A very nscfiil and valuable chart. AVe congratulate Dr. King on the manner In which he 
 bas condensed this difllciilt bnt important subject, so as to present a bird*B-eye and cl«ar 
 vl«w of tba matter, Ju tbe form of a chart. — Philadelphia Medieal emd Surgical Journal. 
 
PUBLIOATIOKS OF MOORE, WILSTAOH & BALDWIN. 
 
 Carefully arranged, and will prove useful a& a reference to the practitioner, to refresh hlji 
 memory, and materially aid the student in getting a clear idea of the Bahject.— American 
 Journal of Pharmacf/t Philadelphia. 
 
 Will be Bent by mail {^ost-pai^ for Fiptv Ckmtb, or may be had through booksellers. 
 
 AMKRICAN ECI-ECTIC PRACTICE OF lUEOICIJVE. 
 
 By 1. G. JOITES, M. D. Late Professor of Theory and Practice of Medicine, in the Ecl^e 
 tic Medical Institute, Cincinnati. New edition ; extended oud revised, at request of tho 
 ftuthor, by Wm. Sherwood, M. D., Professor of Medical Practice and Pathology, in the 
 Eclectic CoUego of Medicine, Cincinnati. Complete in two volumes, octavo, 1,G00 pages. 
 Price S 
 
 ■EXTKACTS FROM NOTICES. 
 
 The views maintained by the authors are stated wiih clearness and precision ; the style is 
 flowing and lively, and the whole book is rornurkably freu fiom the verbiage which is suoh 
 a general feature of medical treatiBefl.-^J\f. Y. Tfihunc. 
 
 It was the earnest advice of Dr. Rush to his students, to thoroughly iiiveMtigat« the indig- 
 enous medicines of this country ; and one great merit of this work is t)iat it contains de- 
 scriptions of many recent remedial agents tliat are not embodied in any other work ou 
 practice. It is ably and lucidly written, and will highly interest and instruct all who read 
 it. — Galena Journal. 
 
 Coming from the source it does, and with the able revisions and important additions 
 which it has received, this edition of the work can not fail to be regarded as a complete 
 and reliable text-book of practical medicine, suited to the wants and convenience of such 
 students and practitioners as' would desire to gain the muat uticful and inii>ort»ut infurma- 
 tion which the profebstou possc-sses at the presjLt day, together with u correct knowledge 
 ot the remedies and treatment, in the most desirable form, peculiar to wliat is) known aa 
 the Eclectic System of Medicine. It is not a book of recipes, adi^pted to routine practice, 
 but it is filled with practical directions and suggentiouH, intended for Die intelligent prac- 
 titioner, accompanied hy rational explanations of and reasons for every procedure recom- 
 mended i»i the treatment of dineaBes ; and every iinporlant paragrajih in tlio work is I'en- 
 (icred at once accessible by means of a complete table of contents, and a very copious 
 index. The spirit of the work is liberal and eclectic in tho true sense of those iterms, so 
 that no medical man, of any school, can take ofTense at its contents; while till, it is be- 
 lieved, will derive much practical advantage froiu a careful perusal of its pages. — Weutem 
 Christian Adoocate. 
 
 We have received from the publishers a copy of tho above work, and after giving it such 
 a cursory examinatlQQ a^ the pressure of other engagements woijld porniit, are prepared to 
 say that for Eclectics it is, pcvhapa, the best work pubUsiicd. The htuguago is clear, and 
 generally forcible, and being in the form of lectures to his class, it has the merit of free- 
 cbim and liveliness of style, so necessary in such works to keep up tliy interest of tha 
 reader. . , In regard to the practical part, it is due to the varied rcBeurch of the 
 authors to say, that it coutains many excellent suggestions, as well as pruscriptioiis.— r 
 iioiUhem Medical Reformer. 
 
 Four years (igo, a,t the earnest request ol his former colleague* and friends, the late Prof. 
 I. G. Jones h^d published, tlvo work of which we are now presented with a revised and ex-, 
 tended edition ; and since then his practice has been received by the liberal portion of th(» 
 l»rofesBion, throughout the country, as the practice, and far superior to all others. 
 
 IJut as a DOW edition was called for, it has been very carefully revised at the roquoet of 
 the author, now deceased, by his former associate, and it presented to the professiun with 
 many additions, corrections of errors and oversights. 
 
 The various additions, and NoIcm on Treatment^ as well as the new articles by the present 
 •dltor, have beeii so arranged as to preserve the former scope and design of the work ; and 
 ^l^ile it' is rendered more perfect and complete, the original arrangement of the author it 
 not interfere^ with, The machanical execution of the book is admirabla — College JoturtaL 
 

 
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