The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1866-03-30


treason for having taken part in this
rebellion, against the government by
Virginia jury, without packing it with
direct reference to verdict of guilty?
A. On that point have no knowledge,
and | do not know what they would
consider treason against the United
States. If you mean past acts.
Mr.. Howard. Yes, sir.
Witness. / have no knowledge as to
what their views on that subject in the
past are.
@. You understand my question.
Suppose jury was empaneled in your
own neighborhoOd, taken by lot, would
it be practicable TO convict, for instance
Jefferson Davis for having levied war
upon the United States, and thus having
committed the crime of treason? A. ]
think it very probable that they would
not consider that re had committed
treason. ..
@. Suppose the jury should be clearly
and plainly instructed by the court that
such an act of war upon the Unlted
States on the part of Mr.. Davis, or any
other leading man, was construed III
| itself the crime of treason under the
| Constitution of the United States, would
the Jury be likely to heed that instruc-
ton, and if the facts WERE plainly in
proof before them, convict the offender?
A do not know, sir, what they would
do on that question.
@. They do not generally suppose
that it was treason against the United
States, do they? A. / do not think that
| they so consider it.
| @. In what light would they view it?
| What would be their excuse Orjustifica-
ton? How would they escape, in their
own mind? 1 refer to the past. A. l am
referring to the past, and the feelings
they would have. so far as know, they
look upon the action of the state in
Withdrawing itself from the Govern
ment of the United States as carrying
the individuals of the state along with
it.
@. That the state was responsible fol
the act, not the individual, and that the
ordinance of secession, so-called, OF
those of the state which recognized q
condition of war between the state and
| General Government, stood as their jus.
tifcaton for their bearing arms against
the Government of the United States
A. Yes, sir: I think they would con
slider the act of the state as legitimate
that they were merely using their re-
served right, which they had right tC
do,
@. State, if you please-and if you are
disinclined to answer the question, you
need not do so--what your own persona
views on that point are? That was my
view. That the net of Virginiain with
drawing herself from the United States
carried me along as citizen of Virginia
aud that her laws aud her acts were
binding on me.
| @. Aud that you felt to be your JUST
fication in taking the course you did. A
Yes, sir.
@. have been told, General, that yol
have remarked to some of your friends
in conversation that you were rather
wheedled or cheated into that course by
politicians? "A. l do not recollect eve
' making any such remark, and do no
think ever made 1t.
@. If there be-any other matter abou
which you wish to speak on this occa
sion, do so freely? A. In reference t.
that last question you put to me, | may
have said, and l may have believed
that the position of the two sections
which they held to each other, was
brought about by the politicians of thu
country; that the great masses of thu
l DeODlt, IL UucN uuutIStOou Vic lSstI NuCS
ton, would have avoided it; but not tina
I had been individually wheedled by the
politicians.
Q. That is probably the origin Of the
whole thing? A. may have said that
but | do not even recollect that; but
did believe at the time it was an unne
cessary condition of affairs, and might
have been avoided if forbearance anC
xrio had haan nraptiSp6 hnfI
sides.
@. You say you do not recoilect hav
ing sworn allegiance and fidelity to the
confederate government? A. do no,
recollect, nor do [ know it was ever re
qured. / was regularly commissioned
in the army of the confederate states, but
| do not recOllect that an oath was re-
1 quired. If it was required, / have nc
doubt took it; if it had been required
| would have takep it.
@. Is there any other mAtter which
you desire to state to the committeef A
| No, sir. am ready to answer any ques
ton which you think proper to put tt
| me.
@. How would an amendment to the
Constitution be received by the seces.
sionists, or by the people at large, allow.
ing the coiOred people, or certain classes
of them, to exercise the right of voting
ar elections? A. think, so far as can
form an opinion, in such an event they
would object.
@. They would object to such an
amendment? A. Yes, sir
| Q. Suppose an amendment should
nevertheless be adopted comforting on
the blaeks the right of suffrage, would
that, in your opinion, lead to scenes of
violence or breaches OF the peace between
the two races in Virginia? A, think
| it would excite unfriendly feelings be-
tween the two races: cannot pretend
| to say to what extent it would go: that
| would be the result.
@. Are you acquainted with the pro-
posed amendment now pending in the
Senate of the United States? A. No,
sir, L am not. I scarcely ever read a
paper. ,.....5
1.-THE substance OF the proposed amend
ment was here explained to the witness
by Mr.. Conkling.
The witness continued-So far as /
| can see, do not think the state of Vir-
ginia would object to it.
@. Would she consent, under any cir
cumstances to allow the black people to
vote, even if she were to gaina larger
number of representatives In Congress?
A. That would depend upon her inter
est. If she had the right of determining,
I don't see why she should object. fit
rn N har intpraat To admit theSo Moo