The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-05-16

not be admitted. e
| Q.-When speaking in connection with
Forneys Press, did not say that if other
Democrats in Washington and myself had
not refused all idea and suggestions Of some
prominent men OF the party in power, to
make peace on terms of disunion, that be-
lieved the war would have been ended in
February?
! A.-When speaking of the propositions
before referred to, and that this war was
the Union, he stated that if the Democrats
in Washington had united in influence for
the permanens separation of the Union, it
would have been accomplished in Febru-
airy.
Odd I not refer expressly to myself
| In that connection, and say that had re-
fused, and always would refuse, to argue
to separation of the States, in other words,
| to peace on terms of disunion?
A.-Well, that idea was not exactly as it
was expressed. He stated something to
that effect. That he wishedt to have voice
| in the manner in which the Union was con-
structed, and that our Southern brethren
should also have voice in the matter.
| Q.-Referring to the Richmond Enquirer
| article, did not say that it, jeff Davis or
gan, had called Dictator Lincoln to lock up
Mr.. Cox, Senator Richardson and myself in
one OF his mi itary prisons, because of our
doing so much against Southern recogni-
ton and independence?
| A.-That is substantially what he said.
| Ques.-Referring to General Order Moss,
did I not say thst in so far as it undertook
to subject citizens not in the land or naval
forcesi of the United States, or militia of
the United States in actual service, to trial
by Court Martial or Military Commission,
believed to be unconstitutional and a
| usurpation of arbitrary power?
| Ans.-Yes, except in the words {" in SO
far
| Ques.-Referring to two citizens of Ken
lucky tried by Military Court in Cincin-
natl, did not say that if what they was
| charged with was actual treason, punisha-
BILE by death, and that if guilty the penalty
by statute which was hanging, that they
ought to be hung, after being tried by a
judicial court and jury, instead of which
hey had been tried by a military court and
as understood, sentenced to fine and inn
prisonment-one of them $500 fine
i Ans.-I don't think he put those ifs in
I think he said they were improperly tried
and by a nsurpation OF power.
I Mr.. Vallandigham-Strike out the "ifs :"
then.
i Witness-That was substantially what
he said.
Ques.-Did not say, in that connection,
that the rebel officer who was tried as a
spy by the Military Court at Cincinnati,
was legally and properly tried according
to the rules and article; tried and convicted
that that was clear case where the
Court had jurisdiction?
| Ans.-It is my recollection that he de-
nounced the Court as an unlawful tribunal
and did not make the distinction.
/ Judge Advocate-Did he refer to the case
of Campbell, the rebel spy, and make any
distinction?
Ans.-No. He denounced the Court first
and then gave the instances, which have
already related in my direct testimony.
Il iph a HyNrp v1nf
Der my speaking of the Campbell case, and
saying that he was properly tried?
i Ans.-He may, but do not reccollect it.
He probably didrefer tothe Campbell case.
/ Ques.-May not have made the distinc-
ton and you not heard.it.
/ The Judge Advocate said he would admit
that the accused did draw the distinction
between the cases, and that he admitted
the right Of the Court to try the spy. In
u other words, that he condemned the trial of
the Butler county man and approved the
case of thespy who was tried and convicted.
Ques.-Did 1 not distinctly in the conclu-
sion OF the speech, enjoin upon the people
to stand by the Union at all events, and that
if war failed, not to give the Union up, but
to try by peaceable means, by compromise,
to restore it as our fathers made ii, and that
though others might consent, or be forced
to consent, would not myself be one of
those who would take any part i'm agreeing
to dissolution of the Union.
i Ans.-Yes. He said that he and the
peace men were the only ones who wished
the restoration of the Union.
Fl Ques.-Did not one of the banners YOU
refer to as decorated with butternuts, bear
the inscription, "The Constitution as it is
and the Union as it was.''
Ans.-The banners were numerous. One
of them, believe, did bear that inscrip-
ton.
u Ques.-Do you mean to be understood
to say that heard the reference to JEFF. Da-
Wis in the crowd, or gave any assent to it
whatever.
Ans.-I cannot say that he did. Did not
see or hear him give any assent to it. There
were many other remarks of that charac-
ter uttered.
i Ques.-What was the size of the crowd
assembled there.
Ans.-I do not know the proper estimate,
but the crowd was very large.
The Court then adjourned to Thursday
morning at 10 o'clock.
| SECOND DAY.-The Gourmet at 10 O. clock
a. m. Present as before. Yesterdays pro-
ceedings and testimony were read and ap-
proved, and were signed by the President
Capt Hill was again called to the stand.
ana his cross examination was resumed by
Mr.. Vallandigham.
Ques.-In speaking of the character of
the war did not expressly say as Mr.. Lin
coin in his proclamation July LIST, 1862
said, "This unnecessary and injurious civil
war"
Judge Advocate Mr.. Vallandigham.
was that used in your speech as a quotation
from the Presidents proclamation?
Mr.. Vallandigham.-Yes, it was.
4 Witness.-I do not recollect that he did.
The language he made use of understood
to be his own.
i Mr.. Vallandigham.-Of course I could
not put the quotation marks in my speech.
Question.-Again, in speaking of the cha
racter of the war, did 1 not expressly give
as proof the Presidents proclamation of
September %, 1852, aid January l, 1868:
declaring the emancipation Of the slaves in
the Southern seeded States, as proof that
the war was being waged for that purpose?
The witness was about to answer, when
the Judge Advocate checked him. He said
it was bringing up matters which were for
eign to the charge and specification, and
that the Court was not called upon to pass
upon the merits of the Presidents Procla-
nation. He then desired that the court
should be closed for deliberation.
Mr.. Vallandigham--I desire to show this