Part 30 (1/2)

Q. Are you prepared to say that they respect the Government of the United States, and the loyal people of the United States, so much at the present time as to perform their duties as citizens of the United States, and of the States, faithfully and well?

A. I believe that they will perform all the duties that they are required to perform; I think that is the general feeling so far as I know.

Q. Do you think it would be practicable to convict a man in Virginia of treason for having taken part in this rebellion against the Government by a Virginian jury without packing it with direct reference to a verdict of guilty?

A. On that point I have no knowledge, and I do not know what they would consider treason against the United States-if you refer to past acts.

Mr. Howard: Yes, sir.

Witness: I have no knowledge what their views on that subject in the past are.

Q. You understand my question. Suppose a jury was impanelled in your own neighborhood, taken by lot, would it be possible to convict, for instance, Jefferson Davis, for having levied war upon the United States, and thus having committed the crime of treason?

A. I think it is very probable that they would not consider he had committed treason.

THEIR VIEWS OF TREASON.

Q. Suppose the jury should be clearly and plainly instructed by the Court that such an act of war upon the part of Mr. Davis or any other leading man const.i.tuted the crime of treason under the Const.i.tution of the United States, would the jury be likely to heed that instruction, and, if the facts were plainly in proof before them, convict the offender?

A. I do not know, sir, what they would do on that question.

Q. They do not generally suppose that it was treason against the United States, do they?

A. I do not think that they so consider it.

Q. In what light would they view it? What would be their excuse or justification? How would they escape, in their own mind? I refer to the past-I am referring to the past and the feelings they would have?

A. So far as I know, they look upon the action of the State in withdrawing itself from the Government of the United States as carrying the individuals of the State along with it; that the State was responsible for the act, not the individuals, and that the ordinance of secession, so called, or those acts of the State which recognized a condition of war between the State and the General Government stood as their justification for their bearing arms against the Government of the United States; yes, sir, I think they would consider the act of the State as legitimate; that they were merely using the reserved rights, which they had a right to do.

Q. State, if you please-and if you are disinclined to answer the question you need not do so-what your own personal views on that question are?

A. That was my view; that the act of Virginia in withdrawing herself from the United States carried me along as a citizen of Virginia, and that her laws and her acts were binding on me.

Q. And that you felt to be your justification in taking the course you did?

A. Yes, sir.

Q. I have been told, general, that you have remarked to some of your friends, in conversation, that you were rather wheedled or cheated into that course by politicians?

A. I do not recollect ever making any such remark; I do not think I ever made it.

Q. If there be any other matter about which you wish to speak on this occasion, do so, freely.

A. Only in reference to that last question you put to me. I may have said and may have believed that the positions of the two sections which they held to each other was brought about by the politicians of the country; that the great ma.s.ses of the people, if they understood the real question, would have avoided it; but not that I had been individually wheedled by the politicians.

Q. That is probably the origin of the whole thing.

A. I may have said that, but I do not even recollect that; but I did believe at the time that it was an unnecessary condition of affairs, and might have been avoided if forbearance and wisdom had been practised on both sides.

Q. You say that you do not recollect having sworn allegiance and fidelity to the Confederate Government?

A. I do not recollect it, nor do I know it was ever required. I was regularly commissioned in the army of the Confederate States, but I do not really recollect that that oath was required. If it was required, I have no doubt I took it; or, if it had been required, I would have taken it.