REPORT AND EVIDENCE
OF THE
CO}M -M TEE o0N A ItBP)A i Y " —,tESSTS,
IN THE
STATRE OF INDIA.NA.:
AUTHORIZED BY RESOLUTION OF THE HOUSE OF
REPRESENTATIVES, JANUARY 9, 1863.
-.4
FIvE THOUSAND COPIES ORDlERED TO BE PRINTED.
INDIANAPOLIS:
JOSEPH J. BINGHAM, STATE PRINTER.
1863.
'i;,,:'  I'
. I.,'t,    ;,. I
I
,,L ,  
ARBITRARY ARRESTS IN INDIANA.
EVIDENCE ACCOMPANYING THE REPORT OF THE IOUSE COMMITTEE
OF THE GENERAL ASSEMBLY ON ARBITRARY ARRESTS IN THE
STATE OF INDIANA.
HOUSE OF REPRESENTATIVES)
January 9, 1863.
On motion of the Hon. Jason B. Brown, of Jackson county, the
followingr xesolutions were adopted:
WHEREAS, The Constitution of the United States and of the
State of Indiana solemnly guarantee to the people thereof freedom
of speech, freedom of the press, the sacred right of the writ of
habeas corpus, security from arrest without due process of law, and
that 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, and to be
informed of the nature and cause of the accusation, to be confronted with the witnesses against him, and have compulsory
process for obtaining witnesses, counsel, &c.; and,
WHEREAS, We have witnessed, within the past twenty months,
the violation of all these provisions so indispensable to a free government and necessary for the enjoyment of public liberty, by
means alike arbitrary, violent, insulting, and degrading to a degree
unknown to any government on earth, except those avowedly and
notoriously wicked, cruel, and despotic; and,
WHEREAS, We, the Representatives of the people, now assembled in a legislative capacity, charged with the high duty of enacting laws for the protection of the people and the preservation of
their rights, deem it our first duty to ascertain the facts connected
with the criminal usurpations and wrongs which have been practiced by political arrests, and in order to give those who have
unlawfully made them, or caused them to be made, the prominence
to a position of lasting infamy their conduct merits, alike as punishment and as a warning to others hereafter, and to enable us to
act intelligently and efficiently in providing such legislation as will
prevent their repetition, therefore,
Resolved, That a cormmittee of seven be appointed by this
House, whose duty it shall be to report to this body the number of
arrests for political causes made within the limits of the State,
and all the facts connected with each, showing by whose order,
procurement or influence, either immediate or remote, the arrests 
4
were made, the place, time, and manner of the same, and by w)aom
made; the charges (if any) made against them, and the probability
of their truth or falsity; the place and duration of their imprisonment, and their treatment; the trial, or opportunity for trial, which
they may have had, if any; the circumstances of their discharge, if
discharged; the injury to their persons or families (if any) which have
resulted from their unlawful detention, and the damages or pecuniary loss sustained by them in consequence of their imprisonment.
Resolved, That said committee also inquire into and report if
there have been obstructions to the free exercise of the liberty of
speech or press, or any abridgement thereof within the past two
years in this State, and, if so, report the facts connected therewith.
Resolvied, That said committee be authorized to report a bill
that shall contain provisions adequate to protect the people from
the arbitrary commission of unconstitutional acts, by such penalties and punishment upon those guilty of the same as may effectually prevent their repetition, and provide means for redress and
restitution by damages or otherwise to requite their wrongs, while
serving as an exemplary warning to other usurpers in all time to come.
Resolved, That said committee be and are hereby authorized
and empowered to send for persons and papers, or visit any locality
within the State, that may be deemed necessary to the full and
complete discharge of their duty. 
In pursuance of the above resolutions, the Speaker appointed
the following committee:
Hon. JASON B. BROWN,
" BAYLESS W. HANNA,
" O. S. GIVEN,
"  JONAS G. HOWARD,
"  EDWIN P. FERRIs,
"  CIIAS. B. LASEILLE,
" SAMUEL A. SHOAF,
" BENJ. F. GREGORY,
" JAMES M. GREGG,
"  CHAS. D. MORGAN,
" TIMOTHY BAKER,
of Jackson County.
" Vigo      "
" Daviess   "
" Clark     "
" Ripley    "
" Cass 
Jay
Warren
Hendriclks
Henry
Noble
COMMITTEE ROOM, January 23, 1863.
The Committee assembled at their room, and organized by
appointing ETHELBERT C. HIBBEN, of Rush county, Secretary of
said Committee.
The Committee on Arbitrary Arrests, after hearing and examining the evidence submitted to them under the resolutions of the
House, beg leave to submit the following report: 
REPORT
OF
a 0  M  M I rjli r]Li E P..
Under the resolution of the House we have examined witnesses
in forty-three cases of arrests made in our State, and accompanying this is the evidence laid before us in those cases.
Several matters suggest themselves to our minds in connection
with the facts thus developed-matters which, in the judgment of
the Committee, deeply affect.the liberty and vital welfare of the
people of Indiana. Acts have been perpetrated, and omissions of
duty suffered by high officers, which, if left unnoticed and unrebuked, would exhibit to the world a shameless want of fidelity on
the part of the representatives of the people toward their constituents, and if such lack of fidelity should be sanctioned, it would go
far toward establishing that which appears to be assumed as true,
by those who have for two years controled affairs, namely, that the
people have ceased to take an interest in the mode and manner in
which the government ought to be administered. In short, that
it is no longer a government of the people, through their agents,
the chosen officers of the law-but a government in which the
servant has become the master, and the superior the slave.
The tendency of the legislation and acts of those placed in
power by the people for the last two years, has been to curtail the
liberties and to crush the spirit of independence of those who
have placed them in position. The many acts of arbitrary power
shown by this evidence, taken in connection with the attempt by
the Congress and President of the United' States, to shield from
all responsibility, those who in the very wantonness of power have
t-Li                -  i
11 
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been guilty of such unwarranted acts, make a dark chapter in the
mournful history which is to be written of the demoralization of
the public men, and the downward tendency of the public morals
of the times.
It must be a truth that if our sires refused to submit to the
wanton acts of the minions of a king, who was the descendant of
a long line of rulers, whom they and their ancestors had been educated to respect, obey, and reverence, that public virtue must have
greatly declined, yea, that it is almost extinct, if we, their sons, will
quietly crouch down to receive the lash, and hold out our hands for
the fetters with which the lowest subordinates of a public servant
would degrade us-for the President of the United States, by its
Constitution, is but the servant of the sovereign people.
Has it indeed come to this, that we must speak of our public
servants with bated breath, and that we must approach with
unsandled feet when we would come into their presence to seek a
redress of wrongs?  Are the laws of nature to be reversed, and has
the mere creature become greater than the creator? Can we no
longer set forth our grievances, either real or fancied, as our fathers
did, in the immortal declaration of their independence?
The arrests that have been investigated by the Committee may
be resolved into four classes:   Second. For treasonable practices.
First.   For obstructing the draft.
tird.  For disloyal practices.
Fourth. For no cause at all.
In point of fact, it will be seen by every intelligent, candid person, who may take the pains to read this evidence, and who will
read it with a desire to arrive at the truth, that nine out of every
ten of those who were arrested fell under the head of the fourth
class, and the remainder were taken into custody upon frivolous
pretexts that could have been dissipated in a very short explanation
before any intelligent, unprejudiced tribunal, if permission had been
granted to that end.  Indeed, it is scarcely necessary to offer arguments to show this fact, since those in power have conceded the
whole question, by discharging nearly all the parties arrested, without even the semblance of a hearing or trial.  In but few instances
were such discharges made, until the victims of misapplied power
had suffered great inconvenience, expense, and in many cases loss
of health. The utter falsity of the pretended reasons for arrests 
7
were thus admitted, and the innocence of the sufferers reluctantly
declared by their persecutors.
The great and controling motive of those who have resorted to
such an arbitrary course toward the people, appears to have been
a desire to prevent investigation into their acts, in the first instance;
so that if the people would patiently endure it, they might go on
gradually encroaching upon their simplicity in the exercise of
unauthorized acts, until they should not be even shocked at the
assumption of absolute and supreme power, if in the end it should
be thought necessary by those in office for the attainment of their
ultimate purposes. If this is not the correct reason for the acts
complained of, we can see no cause for the arrests being confined
to one political party alone. Many of these arrests, indeed nearly
all of them, were made before the Administration had progressed to
the length desired by the ultra Abolitionists; and because of the
apparently conservative tendencies of Mr. Lincoln in the earlier
periods of his term of office, he and his policy had been more'
bitterly opposed and denounced by members of the Abolition party,
than by those Democrats who were arrested. No Abolitionist who
thus indulged in denunciations of the policy of the conduct of the
war was arrested, but the least offense in that respect by a Democrat was met by the stern hand of power.  Why was this?  Two
reasons present themselves: First, without doubt it was the intention of Mr. Lincoln, from the beginning of the war, gradually but
ultimately, to lead it on to the purposes of emancipation; and he
would thus, at the proper time, fall into the arms of the Abolitionists-therefore, it would not do to offend and alienate them in
advance. Secondly, the history of Democracy shows that they
have always been in favor of the greatest freedom of opinion, and
of granting the largest measures of personal liberty to the individual
members of society.  The course marked out would not admit of
the expression, or even possession of this kind of liberty. It is,
and always has been, in antagonism  to arbitrary power.   For
hundreds of years, a war has been going on between this Democratic principle of individual liberty, and its opposite, the concentration of such liberty in the hands of a few only, at the expense
of the many. To be free thus to seize the reins of power unlaw fully, it became necessary to silence men who had been educated
in this school of freedom and equality.  Those who spoke boldly,
as freemen ought to do, were seized, deprived of liberty, and refused
a trial, under the pretext that they had been guilty of disloyal
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8
practices; not with the expectation of convicting them, but with
the hope that such acts would deter others from canvassing with
like freedom the acts of usurpation of those in authority.
In carefully considering this testimony, the Committee can not
avoid the conclusion, that the acts thereby shown, clearly demonstrate a kind of morbid fear of the people upon the part of the
rulers.  They appear to apprehend that the course being pursued
does not meet with public approbation. For instance, a word said
against the President, or his mode of managing affairs, in the
alarm of subordinates, is by them construed to be a disloyal practice, and the offender, if a Democrat, is immediately arrested and
put where he can do no more harm.
In England, we believe, they once had a statute declaring it treason of a certain grade for a man to "imagine the death of the king,"
and one subject was convicted under this statute for wishing the
king had a buck's horns in his belly, on the ground that he could not
have had them there and lived, consequently the man must have
wished for his death. We laugh at the folly of such a law, when
the question is put directly to us, and yet for many months we
have been submitting to a vague and unsettled proclamation in
regard to disloyal practices, as construed by young, ambitious
adventurers, strutting their brief hour upon the stage, without
identity and without responsibility. We are indeed a patient people-of long forbearance-full of brotherly love, and overflowing
with the milk of human kindness. In the opinion of one A. B.
Jetmore, who resides in Hartford City, Blackford county,: who
states, on his oath, that he is a lawyer, it is a "great crime and
burning shame forl any one to speak or argue against the views or
policy of the National Executive."' How precipitant and how
deep is the descent, in the scale of law and in the doctrines of
political liberty, from  Mansfield and Blackstone,  Marshall and
Taney, Blackford and Dewey, to Abraham B. Jetmore, Esq. He
says he used to be a Democrat. Poor fellow! he is now a convicted
spy upon his neighbors, who have put bread into his mouth, and
clothes upon his back. Doubtless he has already received his little
price. the Committee would recommend him to the clemency of
the latter-day Abraham, whom he considers so far superior to all
laws, institutions, and constitutions, whether civil or divine. 
9
CASE OF JUDGE CONSTABLE.
But leaving these questions, we propose to look more in detail
at the classes of cases presented; but before doing so, we desire to
call special attention to the case of Judge Constable. He is not a
resident of Indiana, but he was brought into the State and imprisoned here. VWe do this for the reason that the principle involved
in his case is closely connected with civil liberty itself. What is it
that distinguishes civilization from barbarism? The one is established upon conditional rules-wise, humane, determinate laws;
the other is the sudden growth of prejudice, selfishness, and passion, affording shelter to-day and bringing swift destruction tomorrow. Upon the just administration of the conventional rules
and prescribed laws upon which civilization is built, depends its
highest degree of perfection. All writers agree that to insure this
end magistrates of the law should be learned, independent, unbiased, and honest; and thus qualified, they must be left to act freely.
No man could thus act if, for an honest error of judgment, he
should be subjected to penalties. Every beginner in the study of
law knows this.  And why is it?  Because of the fallibility of the
human mind.  No man is infallible.  A judge must decide one
way or another upon questions presented to hlim. He has no
choice as to that. He may decide wrong. Superior courts are
instituted to correct his decisions if he does. The imprisonment,
or even worse punishment of the judge, would not reverse that
judgment.  And further, no honest, upright man would, for a mo ment, hold a judicial office with the possibility of penalties, either
civil or criminal, attaching to an error of judgment. For these,
among other reasons, it is a settled and known principle of legal
jurisprudence, that a magistrate or judge can not be made to
respond, either criminally or in damages, in a civil suit, because of
any official decision he may honestly make. This is to support
his dignity and authority, and to draw veneration to his person,
and submission to his judgment. In support of this theory, the
committee would refer to the following standard English and
American authorities: Co. Litt. 294; 2 Just. 422; 2 Dall. R. 160;
1 Yeates' R. 443; 2 N. & McC. 168; 1 Day. R. 315; 1 Root R.
211; 3 Caines' R. 170; 5 John. R. 282; 9 John. R. 395; 11 John.
R. 150; 3 Marsh. R. 76; 1 South. R. 74; 1 N. H. Rep. 374; 2 Bay.
1, 69; 8 Wend. 468; 3 Marsh R. 76.
If it were otherwise, judges would be the mere tools of those in 
10
authority, there would be no independence of thought or action.
No citizen could safely trust his interests in the keeping, or to the
determination of a judiciary thus trammeled. Communities would
be driven back toward a state of barbarism. Every man would be
compelled to take into his own hands the adjudication of his own
controversies. The strong would govern the weak. Men would
combine together in clans and factions to protect each other. This
condition of things would be anarchy.
In the above suggestions we have assumed that Judge Constable
committed an error in the judicial decision upon which he was
arrested-but in fact he did not, as could be amply shown, if it was
at all necessary to enter into an argument on the subject.  But it
is not necessary, for, conceding for the sake of the argument that
he was in error in his decision, it is not pretended that he decided
corruptly, and therefore, all the reasons we have stated, fully apply
in favor of the freedom and independence of the judiciary in his
case. Again, admitting he was wrong, in England even, from
whose oppressions we separated by a long war, it is held by the
king, that "he looks upon the independence and uprightness of the
judges as essential to the impartial administration of justice-as
one of the best securities of the rights and liberties of his subjects,
and as most co*nducive to the honor of the crown." Ld. Raym.
747, Blkst. Com., Jacob's L. Dict., 3, 547.
A judge is not answerable then, even to the king, for an error of
judgment in a matter of which he has jurisdiction. 1 Salk. 397, 2
Hawk., c. 1, sec. 17.
But here, the President, as Commander-in-Chief, through his
subordinates, usurps greater powers than the king in England dare
exercise, for through them he undertakes to determine when a judge
has decided right or wrong, and to punish him for that decisionnot by any regular course of judicial proceeding, either civil or
criminal, nor yet by the mode pointed out by the Constitution for
corrupt acts, which is by impeachment, but by an arbitrary Turkish
process of military despotism, merely because, as in the case of
Mr. Green, these gentlemen may believe they are "backed by six
hundred thousand bayonets."
It is time that the people should arouse to a just sense of the
great danger to their liberties, when the men and the money they
have placed at the disposal of the Government are thus boastingly diverted from the purpose for which they were furnished. 
11
BLACKFORD COUNTY CASES.
The Committee, in treating of the evidence as it has been
developed, and according to the classification of offenses, would
invite attention, first, to the Blackford County cases, where eighteen
arrests were made, as declared by the authorities, for resistance to
the draft.  These arrests Will astonish everybody-a tyrant would
be ashamed of them. Without the semblance of guilt, without a
shadow of pretext, in the absence of all reason, forgetting all reverence for law and personal liberty, a few weak and misguided
creatures, calling themselves the officers of the law, in the nighttime, and acting under false pretenses, seize and carry away from
their families and homes unoffending and peaceable citizenscitizens of character, of influence, and position; and after they are
thus seized and dragged away, these irresponsible wretches hunt
an occasiori to appease their wicked and gangrened party malevolence, by exposing these kidnapped prisoners, in the streets at
Indianapolis, to the jeers and derision of a remorseless mob.
They are cast into prison, and there, within the damp walls of
their dungeon cells, without comfortable bedding, fed upon tainted
food, they are left to become the prey of disease and the victims
of death.
Thus outraged and thus fettered, they call upon their accusers to
come forth and confront them. The officers having them in charge
are asked of what crimes they are accused-an examination by
some legally constituted tribunal is repeatedly demanded. They
had a right thus to be brought  into the presence of their accusers;
they had a right to demand the reasons of their restraint; it is an
ancient and well established right-a right guaranteed by the Constitution of the United States, and the Constitution of the State
of Indiana; but their appeals were addressed to the hard hearts
and deaf ears of tyrants.
The  UJnited States Marshal, when appealed to, folds himself
more warmly in the flowing, cloak of his own luxury, and with a
view to shift the responsibility, he wags his head ominously, and
points these outraged citizens to the modern Caligula and his
willing satraps, who now inhabit the ancient metropolis of Republican liberty:-There, he says, is my authority; I must obey-ask
me nothing more.
But all this does not satisfy the people, who are jealous of their
liberties. They will not be put off. Our rights and liberties are 
12
common rights and liberties. That which wrongs a citizen, wrongs
the State. There stands the stubborn question, HIow were these
arrests made? The prisoners are told upon affidavit. Upon whose
affidavit? Who can tell? Some one is responsible, certainly!
We have laws, we have courts, we have a Governor for our protection, and he is the sworn custodian of our peace and liberties.
How does it come to pass that all these great elements of power
and protection were powerless and silent in this great emergency?
The people of this country are free, unless placed under restraint
for the violation of some'law, and then only by positive proof,
with the presumption of innocence in their favor until proved
guilty. Here citizens of Indiana were restrained of their liberty,
and denied a trial. Why did not the Execative, made so by the
Constitution, and backed as such by the whole military power of
the State, enforce the constitutional and unquestioned rights of
these citizens? WVas he ignorant of the fact that they had been
trampled upon? That could not be. He does not pretend so much.
One million of free Americans, of Anglo-Saxon-Celtic descent,
ask the question-Where was he while these monstrous outrages
were being practiced upon the liberties of the great people whose
fortunes and destiny were the especial objects of his care? Was
he in league with the oppressor? or was he only sleeping, like
Anthony, folded in the voluptuous arms of some Cleopatra, while
the safety of the city, and the liberties of the citizen, were left
exposed to the clemency of the vandal and the knife of the assassin? There is a serious question couched in all this outrage,
which, sooner or later, Governor Morton will be called upon to
answer. The people, who have suffered so severely, will neither
forget or forgive these unparalleled and wicked wrongs.
The Committee have looked in vain in all the cases for the
pretext upon which the arrests were made. The story ouit of doors
is, they were made in vindication of the destruction of the draftbox in Hartford City, which it is said was done on the 6th day of
October, 1862.
Upon careful investigation, the Committee have ascertained that
the draft-box was destroyed there at that time by one Jesse
Williams, who was drunk at the time, and who has not to this day
been arrested for it. The evidence shows clearly that Williams is the
only man who had any thing to do with the destruction of the
draft-box: still Andrew Brickley, Frank Taughinbaugh, Elihu
Lyon, William Armstrong, Thomas Daugherty, John M. Vanhorn, 
13
John McManamon, Dr. William Schull, Leander Tarr, Thomas
Longfellow, Daniel Watson, Jacob Clapper, John Miller, Henry
Snyder and Bluford Mills, all Democrats, are seized by the authorities, and without warrant are cast into prison, and without
mittimus are held there by the United States Marshal-some for
several days-others for weeks-and then discharged and sent
home without a trial. Bluford Mills lost his life in this wicked
affair-upon those who have been instrumental in taking the life
of a valuable and intelligent citizen rests this terrible guilt.
Anguish of soul will overtake them some time on account of it.
If not before, they will feel it at last in that dark and melancholy
hour, when with feeble breath, they shall come to falter forthstheir
last cry for mercy on an erring life.
Andrew Brickley, one of the parties arrested, is the sheriff of
Blackford county-a gentleman of the highest standing in the community where he resides-as an evidence of his respectability and
standing, he has received the indorsement of a majority of the people
of the county where he lives. He, among others of the highest
respectability, is arrested, and what is the evidence against himnothing-not a word-on the contrary, he had used his influence to
allay the excitement at Hartford City, where the draft was to be
made. It is true he had agreed to assist in the workl of the draft,
be had agreed to do so for the satisfaction of his neighbors, who
had faith in his integrity, and who believed he would protect them
from fraud and party partiality. He proposed to act according to
his understanding of the orders issued from the War Department,
at Washington. But no, Mr. Frash had received special instructions from Governor Morton which must not be departed from.
Governor Morton, in his ambition to dispense patronage, could not
rest satisfied with the orders at Washington. Notwithstanding
the people were already suspicious of his public integrity, and
notwithstanding a large majority of them believed he would draft
Democrats to the fullest extent that his slavish tools dared to venture-notwithstanding numerous complaints had been  made to
that effect in all parts of the State, still the Indianapolis programme
must be carried out. So, Frash, the pliant tool of this no-party
Governor, was allowed to have his own way, and Mr. Brickley, for
allowing him this contested privelege, in the opinion of these gentlemen, became a great criminal, and was thrown into jail for it.
Not one witness examined, says that any one of those who were
imprisoned, in any way aided or abetted in the destruction of the 
14
draft-box. Poor Allen Ward did so testify, but he afterward said
that his statement was false.  Let this testimony show for itselfhere it is in full:  Mr. Morgan.-" Who did you see engaged in stamping on the
box?"
Mr. Ward.-" I saw Jesse Williams, Andrew Williams, John
Dougherty, Thomas Dougherty, John Vanhorn and Bluford Mills."
Mr. Morgan.-" Who did you see hallooing, cheering, and stamping on the floor?"
Mr. Ward. —" Besides these I have named, I saw Leander Tarr,
Daniel Watson, Henry Lyons, John Miller, Henry Snyder, and
John P. Garr."
Mr. Ferris.-" What is your politics?"
Mr. Ward.-" I am a Republican."
Mr. Ferris.-" How many men were there in the Court House
when the draft-box was mashed?"
Mr. Ward.-" About a hundred." 
Mr. Ferris.-" Do you swear positively that Jesse Williams,
John and Thomas Dougherty, John Vanhorn and Bluford Mills,
were each of them engaged in stamping the box and throwing the
pieces around?"
Mr. Ward.-" Yes sir."
Mr. Ferris.-" How much was the box broken, into how many
pieces?"
Mr. Ward.-" The rim was broken into two pieces, and each
head into the same number of pieces."
Mr. Ferris.-" Who did you see throwing the pieces around?"
Mlr. Ward..-" I can not name any person."
lHr. Ferris. —" Namne the persons you know you saw stamping
the box."
Mr. Ward. —" I saw Jess. Williams.  He is the only one I can
swear I saw stamping the box."
HlIr. Ferris.-" If you stated that any person except Williams
stamped on the box, or the pieces, was that true?"
Mr. Ward.-" To be certain, Jess. Williams was the only person
I saw stamping the box to pieces."
Mr. Ferris.-" Could you have heard it had any one hurrahed for
Jeff. Davis before the crowd left the Court House?"
Mr. Ward.-" Yes, I could."
Mr. Ferris.-" Was there any hallooing for Jeff. Davis in the
house?"
4m 
Mr. Ward.-" If there was I did not hear it."
Mr. Ferris.-" If you swore that any of the six men you named,
besides Williams, was engaged in throwing around the pieces of
the box, was that statement true?"
Mr. Ward.-" I saw none but Williams have hold of the box,
or any of the pieces."
Mr. Ferris.-" If you stated that Leander Tarr, Daniel Watson,
Henry Snyder, John P. Garr, and Johin Miller were there hallooing,
was that statement true?"
Mr. Ward.-" I can not be positive that every one of them was."
Mr. Ferris-" Was there any stamping done in the room that
you know of, except that done on the box?"
Mr. Ward.-" None that I could name."
Mr. Ferris.-" Now if you stated that any person except Williams was engaged in stamping on the floor, was that statement
true?"
Mr. Ward. —" I saw John Dougherty and Bluford Mills jumping
up and down on the floor."
The Committee have recited this testimony in full, that the
public may be forcibly impressed with the utter futility of the
claims upon which these arrests were made.   William  Frash,
Christopher Clapper, Dwight  Klinck, James  Crosby, Abraham
Stahl, and Allen Ward were summoned by Republican members
of this Committee, to relieve, if possible, the parties who made the
Blackford county arrests of actual disgrace and crime. How far
they have succeeded the public must judge from the testimony.
The Committee forbear to enter further into this discussion, the
whole case is fully presented to the public, all may read it and
digest it for themselves. There will certainly be an end to this
kind of oppression-when the oppressor, shorn of patronage, and
unsupported by the willing slaves of place and emolument, will
once more stand upon his own footing, and thus reduced to the
true condition of responsibility, he will be constrained to render up
an account that will be satisfactory to the inexorable citizen who
has been so wantonly and so wickedly outraged.
15 
16
TREASONABLE PRACTICES.
Under this head may be classed what is familiarly known as the
Newburg cases, together with the arrest of W. B. McLean, of
Vanderburg county.
As to the Newburg eases it is a notorious fact, and it is a part
of the recent history of this State, that in these arrests an attempt
was made to defeat the Democratic party in the last October
elections.  It was proclaimed by the leading republican organ of
the State, that one of the Newburg prisoners had drafted resolutions-another had done this, and another that in the county
convention assembled in Warrick county, to indorse the action of
the 8th of January convention. And therefore it was contended by
these insignificant philosophers, that the people ought not to trust
a party made up of such disloyal members.  After all this parade
and flourish of trumpets, it would have been too bare-faced to have
turned loose the parties arrested, without some show of a trial.
Therefore, in the United States Court a grand jury was gotten up
for the occasion, controlled, as everybody knows it was, by a number of ancient and hacknied party fossils, appointed by partizans,
to work lip to a partizan programme, which they did without stint
or conscience.  The Committee are advised there are some honorable exceptions in this grand jury, who positively refused to debase
themselves. But that the people of the State may be fully apprized
as to who the guilty parties are, that have published what they had
no right to publish, and what they could only publish by a positive
violation of their oath, their names are given to the world. The
old maxim of law, false in one thing false in all things, raises a
very serious question between the honest people and the unscru pulous members of this grand jury.  Here they are:
WILLIAM P. FISHBACK,
CHARLES H. TEST,
GEORGE MOON,
WILLIAM A. MONTGOMERY,
JAMES BLAKE,
T. B. MCCARTY,
DANIEL SIGLER,
LEONIDAS SEXTON,
BENJAMIN G. STOUT,
JAMES HILL,
DANIEL SAGRE,
H. D. SCOTT,
ROBERT PARRETT, and
FRED. S. BROWN.
When they were impanneled, they swore to keep secret all  neir
proceedings; but they had not been in session a single week, until
14 
17
members of this same grand jury, and other persons in their confidence, were making speeches all over the State-adjourning their
meetings for that purpose-retailing what the jury in secret session,
clothed in the habiliments of abandoned and remorseless party
camp followers, and not acting within the true intent and meaning
of their solemn obligations as jurors, had discovered, as they supposed in their willing spirit, to be treasonable practices on the
part of the Democratic party throughout this State. Of course
all these reports were  false in fact, or else these partizan jurors
were false to their oaths. Let them elect which horn of the
dilemma they will taklie. But the inquisition had been established
-the blocks for thiie execution had been placed there-they must
be stained with blood-the executioner was impatient for the work
of death; indictments were found, and the United States Attorney,
in pursuance of his undoubted right, selected the strongest case
from the Newburg prisoners, and with all the aid of the marshal
in the selection of a traverse jury, he failed to convict his chosen
victim of the offense charged, and indeed of ally offense. And so
the matter stands-it has become a part of the history of the people
of Indiana-a source of humiliation and disgrace, and attainder to
all the parties who have thus prostituted themselves for the subservience of selfish and malevolent party schemes. This is about
the last we will hear of Newburg treasonable practices.  The
evidence is given to the public in full; it will be weighed carefully;
and at some period in the future, not far distant, we will have the
popular verdict upon it. The boys in the streets will yet mock at
the members of this grand jury, who have so disgraced themselves;
and their children after them will spend a lifetime of mortification
on account of the ignominy that has been entailed upon them.
In this connection the Committee would invite attention to the
case of W. B. McLean, a citizen of Evansville, Indiana. It is an
uninviting picture. Mr. McLean was induced to go to Indianapolis
by General Blythe, in consideration of vague rumors circulating
against his loyalty, that he might answer to Governor Morton;
and if by him, or his military tribunal, acquitted, the suggestion
was that all excitement against him would be subdued. He was
promised an immediate hearing. General Blythe was in command
of the military forces in southwestern Indianas and Mr. McLean
supposed that he would perform his promises, that upon his arrival
at Indianapolis he would have a hearing, and he knew he would
be acquitted, for he was guilty of no crime.  But how was he
C. A. A. —2 
18
treated? He was cast into this mighty whirlpool of frenzy, and
left for weeks at the mercy of half-fledged officials, who either did
not know their duty, or if they did, who were too unscrupulous to
perform it. General Blythe knew that Mr. McLean had a wife and
five helpless children dependent upon his daily labor for support; but
no, that mattered nothing. Party favorites must be gratified by his
humiliation. And what did it all amount to? nothing. He had
sent a pistol to a cousin in Kentucky, wvith the written permit of A.
T. Robinson, the surveyor of the port at Evansville. This is all
that it was pretended he had done, for which he was kept in close
confinement for more than six weeks. Shame upon a Government
that would commit such crime against the liberty of the unoffending citizen, simply because it had the physical power to do so.
But it was done-it can not be denied-it is not denied.  Let the
responsibility rest where it belongs.
DISLOYAL PRACTICES.
This appears to be a cant phrase of Greeley coinage, and means
any thing or nothing; the Committee are unable to determine which.
In its popular acceptation, it seems to signify Democratic theories
and ideas as opposed to Republican theories and ideas. It is, perhaps, nothing more than a term of reproach. But classing it as
an offense, according to the construction of Abolitionists, the Committee would call attention to two or three of the most prominent
cases which have been developed under it.
It will not be necessary to enter very far into details, as the evidence will only have to be read to be clearly understood. Especial
attention is invited to the arrests of Harris Reynolds, of Fountain
county, Dr. Theodore Horton, of Wells county, Richard Slater, of
Dearborn county, and Amos Green, a citizen of the State of Illinois,
who was arrested in Terre Haute. These gentlemen were arrested
near about the same time, and very nearly for similar reasons.
Harris Reynolds was arrested upon a false charge of having advised
resistance to the draft, on the first day of October, 1862, and was
discharged without trial on the 22d day of the same month. Dr.
Theodore Horton, arrested on the 9th day of October, 1862, for
making a speech in favor of a strict construction of the Constitution
of the United States, was confined in the prison at Indianapolis
until the 13th day of November, and was then discharged by Mr.
Rose without trial or examination. Richard Slater was arrested 
19
on the day after the October election of last year, for what reason
the Committee have been unable to ascertain, as he nor any one
else ever knew.  He was likewise imprisoned in the Government
bastile at Indianapolis, and after four weeks close confinement
was also discharged without a trial. Amos Green was arrested at
Terre Haute on the 8th day of August, 1862, upon a telegraphic
dispatch sent to Samuel Connor, the sheriff of Vigo county, by
one John Logan, who was at that time, and still is, under various
indictments for felony and misdemeanors.  He was taken to Washington City, kept there for several days, and finally set at liberty,
without accusation and without trial,.and even then forced to pay
his own expenses home. Mr. Slater and Mr. Reynolds are both
ex-Senators, and Dr. Horton an ex-member of the House of Representatives of the State of Indiana. Perhaps no arrest has been
more outrageous than that of Dr. Horton.  He was spirited away
at midnight, under the impression that he was going to perform an
act of mercy; and thus kidnapped, he was hurried away from his
home and family under circumstances that even precluded him
from -informing his anxious wife and children where he was until
he had reached Indianapolis.
American citizens were thus harshly dealt with, simply because
the weak and toppling party in power, in its madness to thrust its
political heresies upon an intelligent and unwilling people, had
established a system of espionage that gave any man, of the Administration school, the power to arrest and send to jail any one
of his Democratic neighbors that, in his malice, prejudice, or mnisapprehension, he might wish to have put out of the way.
The public will not fail to notice the cases of Mr. Cassidy and
Mr. Offutt, who were airested in Rush county.  Malignant despotism, of the most offensive and criminal nature, characterizes
both these cases. The only pretended authority therefor was a
lettre-de-cachliet from Major-General Lewis Wallace, in command
at Cincinnlati-a letter in blank, assuming to confer upon an irresponsible itinerant telegraph operator the authority to go whithersoever he pleased, and arrest any citizen he might suspect of disloyalty. Respectful language can hardly portray this insolent
impudence, this beggarly despotism, and this contemptable usurpation, so strangely and so outrageously mean, and so far below
the standard of American citizenship. Against these prisoners no
charge, not even a false affidavit, was preferred. It suited the
caprice of a telegraph operator, acting in the capacity of a "Deputy 
20
Major-General," to arrest them, and it was done. The dismal and
dingy walls of the old French Bastile, which, for four hundred
years, was used for the ruin of all who happened to incur the
resentment and jealousy of tyrannical French monarchs, could not
reveal more shocking instances of outrage and cruelty, than have
been practiced throughout most of the northern States by various
officers in the confidence of the present Administration.
Members of the Abolition party proper, who for twenty-three
years have counseled a division of the Northern and Southern
States-who have advised resistance to the laws of Congress and
the interpretations of the Supreme Court-now hold most of the
important and lucrative offices within the gift of Mr. Lincoln.
And these are the men who are the most implacable and cruel
toward all who do not sustain their folly and madness. Why did
not the President arrest members of this party as well as members
of the Democratic party? In the beginning of his term of office
they said more, and did more, to embarrass his Administration
than Democrats did. Wendall Phillips at Washington, the capital
of the nation, within the hearing of the President and his cabinet,
boldly said, "I have labored for nineteen years to take nineteen
States out of the Union. * * * I cursed the Constitution and the
Union, and endeavored to break it, and thank God it is broken."
The President could not have been ignorant that he had uttered
these monstrous words.  The Speaker of the Hlouse of Representatives occupied a place on the platform where the speech was delivered. Senators, in the confidence of the National Executive, were
present. Republican members of Congress by scores, and citizens
by hundreds, were there. The newspapers were full of it. Mr.
Lincoln can not possibly escape upon the plea of ignorance.  And
this is got all. The next day after this reviler of the Constitution,
this advocate of sedition, had uttered these wicked words, he made
his appearance upon the floor of the United States Senate, in that
sanctuary of constitutional liberty, consecrated for the greatest and
wisest of all human purposes, still glorious with- the recollections
of the magical eloquence of Clay, the stately and overwhelming
arguments of Webster, the parliamentary  gladiatute of  Silas
Wright, and Macy, and Hannegan, and Douglas-this leprous
wretch presumed to go-and there, upon that sacred floor, the
most illustrious theater the world has ever known-Wendall Phillips is greeted and formally welcomed by the Vice President of
.the United States, the second officer in position and honor in the 
21
whole republic.   Let the intemperate  partisans and  the crazy
fanatics, who are so especially puffed up with patriotism and con   sistency, take this notorious fact, in connection with a thousand
other similar cases, and explain it to the satisfaction of the people,
who, in the end, will be the arbiter of all these great questions.
The whole matter is transparent. This Administration, itself
inaugurated upon revolutionary principles, has, fromn the first hour
of its installment, attempted to enforce submission to its usurpa   tions. The people, long inured to free thought and free expression
of thought, can not be put down now.  It is madness to attempt
it. They have been deceived by those having the control of public
affairs, and they have denounced them for it, and their condemna   tions will continue as long as the offenses continue. The last
Congress has been a disgrace to this nation. Its-members-most of
them-seem to have done every thing they could to irritate the
people, and to destroy their liberties.
When the nation was bleeding at every pore-when one million
of our brothers were engaged in mortal strife-when hoof of fire
and sword of flame were scourging the land and making our
rivers run red and thick with blood, these remorseless plunderers
and robbers were engaged ina schemes of self-aggrandizement, and
in devising measures to increase our distractions in the States not
in rebellion.  Behold their record!  The  accumulated evidence
that has been piled up mountain high against the thieving and
jobbing villains that continually hang over the fallen, bleeding,
struggling form of our liberties, like birds of evil prey, day and
night, seeking some new quarry they may pounce upon and devour.
They seem not to be satisfied with the gigantic rebellion that the
armies and navy of the nation have been struggling for two years
to subdue in the insurgent States, but they must exasperate the
people here by the abolition of slavery in the District of Columbia
* -by the passage of a law permitting the testimony of negroes in
certain cases against the whites-by the repeal of the law against
the transportation of the mails by negroes-by the amendment of
the law, so as to make it a high offense for an officer of the army
to return a runaway slave'to his master-by a refusal to make it
an offense of like character for an officer to enftice away a slave   by the passage of a law recognizing as our equals the negro gov   ernments of Liberia and Hayti-by the passage of a confiscation
bill, aimed at slavery-by the passage of an act authorizing the
President to call negroes into military service-by the passage of
I 
22
a law postponing the investigation of frauds against the Govern ment for two years-by the passage of an unconstitutional indeinm nification act-in short, by a persistent and unremitting course of
legislation that the country does not need, does not ask for that is
now denounced every day, and that sooner or later the people will
overwhelm by repudiation and repeal. And the programme has
been that all these wrongs must be endured by the people, or they
should be arrested and imprisoned for it.  "Eternal vigilence is the
price of liberty." Let those in authority recollect that the American
people learned that precept from one of clean hands and pure
heart, at the feet of the greatest political Gamaliel of his age.
They will not forget it as a principle, and they will not surrender
it as a right.
We will next notice the arrests of citizens of Switzerland
county.  With all the care we have been able to bestow upon these
cases, we have been unable to discover any cause for the arrest.
The parties themselves know of none, and only conjecture that
they were arrested because they were " Democrats, and did not
agree with the President in regard to the manner of prosecuting
the war." Several private citizens were seized, abused by vile
epithets, and maltreated in various ways, imprisoned and half
starved for many days, without any known cause.  Among these
prisoners was one who had been honored by his fellow citizens
with distinction.  Yet they were carried beyond the State, without
legal authority, and at last discharged without a hearing.
Whatever may be said or thought, by the friends of the Governor of the State, in reference to arrests made upon the supposition that the draft law had been, or was about to be obstructed,
there can, it appears to us, be but one opinion about his duty in
regard to the arrests now under consideration. His duties are
defined in the Constitution of the State. Among other things it
is declared by that instrument that "' he shall take care that the laws 
be faithfully executed."-Art. 5, sec. 16, Const. of Ind. That he
would faithfully discharge that duty was a part of his oath of
office.-Art. I5, sect. 4, Const. of Ind.   At that time we had
on our statute book,  (2 R. S., p. 400,) a section to the  eflect
that it should be deemed a felony for any person "forcibly and
unlawfully to arrest any person  and carry such person to parts
without the State of Indiana," and the punishment was fine and
the penitentiary. Plainly and without cavil this law was in those
instances violated. There was not even the poor plea of the tyrant 
23
-necessity, for the act. It was a palpable violation of the Constitution of the United  States, fourth amendment,  and that of
Indiana, Art. 1, sec. 2, which were intended to -secure the citizen
against "unreasonable seizure."
In the face of all this, and of his sworn duty, the Governor did
not move a finger to protect these citizens from arrest, or to obtain
their release afterward.   To  the reverse the evidence tends to
show that hlie was instrumental in procuring such arrests, upon the
representations of a man of such bad character, that he could not
obtain a license to sell whisky. We hope, for the dignity of the
office Governor Morton accidentally fills, that there has been some
misapprehension about this affair; but if the truth has been presented to us, into what a profound depth of infamy some men's
partisan feelings will sink them.
Governor Morton has seen fit to pursue a very arbitrary and
self-opinionated course in regard to the arrests made in Indiana.
HIe has kept his lips sealed; but not one intelligent man, woman,
or child in the State doubts that he has been the sole cause of
every arrest that has been made-at all events, that he could have
prevented every one of them, and had all violations of law, if any
have been made, corrected by the Courts.
In an early period of the session of the Legislature, the following preamble and resolution was adopted:
"VWHEREAS, The Secretary of War, in his last official report,
has declared that the several arrests made throughout the -various
States were made by the advice and with the consent of the several Governors thereof; therefore, be it
"Resolved, That His Excellency, Governor  0. P. Morton, be
requested to furnish this House with the facts in regard to the
arrests that have been made in the State of Indiana."
For sixty-one days the Legislature was in session, but not one
word of reply did his Excellency, the Governor, ever make to the
foregoing resolution. Who, then, has any doubt as to the cause of
his silence?
We are unable to conjecture what kind of a defense the implicated parties will have to offer in answer to all this; but it will
doubtless be the old plea of the tyrant-military necessity.
Republica'n journals, for the past year, have been crowded with
allusions to the conduct of General. Jackson at New Orleans.
When or how these gentlemen have consented to make a model
of this great hero of popular rights, the Committee have been 
24
unable to ascertain; doubtless, their enterprise commenced since
the time they plastered every section corner-post of the land with
the coffin handbills that were intended to cover his name and
greatness with contumely and infamy.
But let us examine General Jackson's record a little, and see
how far President Lincoln's case is similar to it. When General
Jackson issued his proclamation in regard to the nullification of
South Carolina, he also called the attention of Congress to the
fact that South Carolina had sustained wrongs that must be cured.
South Carolina complained of the tariff laws, and contended that
they discriminated in favor of certain interests, prejudicial to her
own, and upon this threatened nullification. General Jackson was
equal to the emergency; but while he asserted the power of the
Government to maintain its laws, he also recommended that the
cause of complaint be eradicated. On the 4th day of December,
1832, he said:  "What shall then be done?  Large interests have
grown up under the implied pledge of our national legislation,
which it would seem a violation of public faith suddenly to abandon. Nothing could justify it but the public safety, which is the
supreme law."
General Jackson desired to sustain the Government, and he did
sustain it, but he told Congress it must be done upon just and
equitable principles.
How is President Lincoln's record on this score?   For two
years the Government has been engaged in prosecuting a great
war-for what purpose? Because certain States have nullified
the laws of the Government. How is it with a portion of the
Northern States, who, in the beginning, were the most opposed to
compromise, and the most in favor of war and the'shedding of
fraternal blood?  How is it with Massachusetts?  Has she never
nullified the laws, and set at naught the Constitution? If her
laws are to be legitimately understood, is she not this very day in
a state of nullification? On her statute book, page 741, sec. 60,
we find the following law:
" No person, while holding any office of honor, trust, or emolument, under the laws of this State, shall, in any capacity, take cognizance of any case, issue any warrant or other process, or grant
any certificate, under or by virtue of an act of Congress, approved
the 12th day of February, 1793, entitled'An Act respecting fugitives from justice, and persons escaping from the service of their
masters,' or under or by virtue of an act of Congress, approved the 
25
18th day of September, 1850, entitled'An Act to amend, and supplementary to'An Act respecting fugitives from justice, and persons
escaping from the service of their masters,' or shall in any capacity
serve such warrant or other process.  Any justice of the peace, who
offends against the provisions of this section, by directly or ihdireetly acting in such cases, shall forfeit a sumrr not exceeding one
thousand dollars, or be imprisoned in jail not exceeding one year
for each offense."'
There is the law as it stands on the statute book this day. Has
Mr. Lincoln, like Jackson, ever advised its repeal, that'the  Northern
States in prosecuting a gigantic war against the Southern States,
might do it with clean hands! He has done nothing of the kind.
On the contrary, this little, seditious, plodding, plundering State of
Massachusetts has controlled the whole policy of this war. And
in doing this, she has made the war a means of speculation.  Her
delegates in Congress have devised more draft laws and conscription laws than all the other States put together-and yet how does
she stand on the record? The population of the State of Indiana,
as evidenced by the late census reports, is 1,300,000, and the population of Massachusetts 1,200,000 in round numbers, and yet
Indiana, under the various calls of the President, and by draft, has
furnished the United States army 102,000 soldiers, and Massachusetts only about 70,000-the draft law, too, be it remembered, was
strictly enforced in Indiana, and is not, to this day, completed in
Massachusetts.
But the President is justified by his adherents, under the omnipotent plea of "military necessity."  They do not pretend to put
any limitations upon it, and all who do not agree that the proposition is correct, are summarily denounced as disloyal.  If these
gentlemen would consent to read and reflect a little, they would
discover they are at war with the principles of the greatest, the
wisest, and the most learned law writers who have treated of this
subject.
In Johnson v. Duncan, 3 Martin, 531, Judge Derbigny says:
"To have a correct idea of martial law in a free country, examples
must not be sought in the arbitrary conduct of absolute governments. The monarch who unites in his person all the powers, may
delegate to his generals an authority as unbounded as his own.
But in a Republic, where the constitution has fixed the extent and
limits of every branch of the government in time of war, as well
as of peace, there can exist nothing vague, uncertain, or arbitrary, 
26
in the exercise of any authority. Can it be asserted, that while
British subjects are secured against oppression in the worst times,
American citizens are left at the mercy of the will of an individual
who may, in certain cases, the necessity of whlich is to be judged of
by himself, assume a supreme, overbearing, unbounded power!
The idea is not only repugnant to the principles of any free government, but subversive of the very foundations of our own."
Sir Edward Coke says: "If a lieutenant, or other that hath commnission of martial authority, in time of peace, hang, or otherwise
execute, any man by color of martial law, this is murder; for this
is against Magna Charta, chap. 29, and is done with such power
and strength as the party can not defend himself; and here the law
implieth malice."  3 Inst. 52, 53.
Sir William Blackstone says:' For martial law, which is built
upon no settled principles, but is entirely arbitrary in its decisions,
is, as Sir Matthew Hale observes, in truth and reality, no law; but
is something indulged in rather than allowed as a law.  The necessity of order and discipline, in an army, is the only thing which can
give it countenance."
Lord Mansfield says: "To lay down, in an English court of
justice, such a monstrous proposition as that a Governor, acting by
virtue of letters patent under the Great Seal, is accountable only
to God and his own conscience; that he is absolutely despotic, and
can spoil, plunder, and affect his majesty's subjects, both in their
liberty and property, with impunity, is a doctrine that can not be
maintained."-Cowp. 175.
Chief Justice Taney says: "The  movement upon  Chihuahau
was undoubtedly undertaken from high and patriotic motives.  It
was boldly planned and gallantly executed, and contributed to the
successful issue of the war.  But it is not for the court to say
what protection or indemnity is due from the public to an officer
who, in his zeal for the honor and interest of his country, and in
the excitement of military operations, has trespassed upon private
rights. That question belongs to the political department of the
Government. Our duty is to determine under what circumstances
private property may be taken from the owner, by a military officer,
in time of war. And the question here is, whetlier the law permits
it to be taken to insure the success of any enterprise against a public
enemy which the commanding officer may deem it advisable to undertake.  And we think it very clear that the law does not permit it."13 How. 135. 
27
Read what General Washington says: "That every officer and
soldier will constantly bear in mind that he comes to support the
laws, and that it would be peculiarly unbecoming in him to be, in
any way, the infractor of them; that the essential principles of free
government confine the province of the military, when called forthl
on such occasions, to two objects; first, to combat and subdue all
who may be found in arms in opposition to the national will and
authority; secondly, to aid and support the civil magistrates in
bringing offenders to justice.'I-IE DISPENSATION OF THIS JUSTICE
BELONGS TO TIHE CIVIL MAGISTRATES; AND LET IT EVER BE OUR PRIDE
AND OUR GLORY TO LEAVE THE SACRED DEPOSITE THERE INVIOLATE..Irving's Life of Washington, vol. 5, chap. 25.
General Washington never sanctioned the doctrine that martial
law could be declared over American citizens. In his Farewell
Address he took precisely the opposite ground of this theory.
Here is what he said on that question: " It is important, likewise,
that the habits of thinking, in a free country, should inspire caution in those intrusted with its administration, to confine themselves within their respective constitutional spheres; avoiding, in
the exercise of the powers of one department, to encroach upon
another.  Thle spirit of encroachment tends to consolidate the powers
of all the departments in one, and thus to create, whatever the form
of government, a real despotism. A just estimate of that love of
power and proneness to abuse it which predominates in the human
heart, is sufficient to satisfy us of the truth of this position. The
necessity of reciprocal checks in the exercise of political power, by
dividing and distributing it into different depositories, and constituting each the guardian of the public weal against the invasions
of the other, has been evinced by experiments, ancient and modern,
some of them in our own country, and under our own eyes. To
preserve them must be as necessary as to institute them. If, in the
opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by
an amendment in the way in which the Constitution designates.
BUT LET TIIERE BE NO CHANGE BY USURPATION; FOR THOUGH THIS, IN
ONE INSTANCE, MAY BE THE INSTRUMJENT OF GOODI IT IS THE CUSTOMARY WEAPON BY WHICH FREE GOVERNMENTS  ARE DESTROYED.
THIE PRECEDENTS MUST, ALWAYS, GREATLY OVERBALANCE, IN PERMAMENT EVIL) ANY PARTIAL OR TRANSIENT BENEFIT WHICH THE USE CAN,
AT ANY-TIME, YIELD.
In regard to General Jackson's connection with the New Orleans 
28
affair, in which the friends of this Administration find so much to
justify President Lincoln for the absurd and despotic course he
has seen fit to pursue, the Committee would refer the reader to a
very able paper prepared on this subject by one of the ripest lawyers and most proficient statesmen of Ohio.  We  give the following extract:
"There is no question that on the 16th of December,  1814,
General Jackson declared the city of New Orleans and its environs
to be under'strict' martial law; but, inasmuch as he was then
acting as a military commander, in charge of the seventh military
district, the precedent (granting all that has been claimed for it)
cani be of no avail unless sanctioned by the Government of the
United States as a lawful exercise of power. The truth is, however, that the Government did not sanction it, and expressly disapproved it. (Letter of the Secretary of War to General Jackson,
April 12, 1815.) The reason why no further notice was taken of
the affair at the time is, that Jackson subnmitted, like a patriot and
real soldier as he was, the moment his error was pointed out.
"He never claimed authority to suspend the privilege of habeas
corpus, except in the city of New Orleans and its immediate neighborhood, and while invasion was actual or imminent. He never
dreamed, for an instant, of such enormous and inexcusable usurpations as we now see, almost every where, and on all occasions,
practiced by military commanders. The acts of Congress then in
force gave him a right to call upon the State of Louisiana for the
services of every able-bodied citizen; and he had, with the assent
of the State authorities, placed all who were capable of bearing
arms under orders to be in readiness, as soldiers, upon brief and
sudden notice. It was upon the idea that he thus commanded the
entire population, as persons liable to military duty at once, and
therefore subject to military law, and not upon the notion (at present so much in vogue) that a General can, by proclamation or
otherwise, constitute himself an irresponsible dictator over the
lives and liberties of his fellow-citizens, that Jackson assumed to
act."
General Jackson himself, in his address of March 3, 1837, has
given to the American people some serious admonitions upon the
subject now under discussion.   He says:-" It is well  known
that there have always been among us those who wish to enlarge the
powers of the General Government; and experience would seem to
indicate that there is a tendency on the part of this Government to 
29
overstep the boundaries marked out for it by the Constitution.
Its legitimate authority is abundantly sufficient for all the purposes for which it was created; and its powers being expressly
enumerated, there can be no justification for claiming any thisg
beyond them. Every attempt to exercise power beyond these limits
should be promptly and firmly opposed. For one evil example will
lead to other measures still more mischievous; and if the principle
of constructive powers, or supposed advantages, or temporary circumstances, shall ever be permitted to justify the assumption of a power
not given by the Constitution, the General Government will, before
long, absorb all the powers of legislation, and you will have, in effect,
but one consolidated Government. From the extent of our country,
its diversified interests, different pursuits and different habits, it is
too obvious for argument that a single consolidated gbvernment
would be wholly inadequate to watch over and protect its.interests;
and every friend of our free institutions should be always prepared
to maintain unimpaired and in fill vigor, the rights and sovereignty
of the States, and to confine the action of the General Government
strictly to the sphere of its appropriate duties."
Thomas Jefferson has also left on record certain admonitions
with reference to this subject that the true friends of Democratical
principles will never cease to respect. Iii a letter he wrote at
Paris to Mr. Donald, February 7, 178S, he expresses the wish that
certain States would insist upon a declaration of rights in the
final ratifiication of the Constitution of the United States.
'"By a declaration of rights," said this great philosopher,
"I mean one which shall stipulate freedom of religion, freedom
of the press, freedom of commerce against monopolies, trial by
juries in all cases, no suspension of the habeas corpus, no standing
armies.   ThESE  ARE  FETTERS  AGAINST  DOING EVIL WHICH  NO
HONEST GOVERNMENT SHOULD DECLINE.
On the 4th day of March, 1801, Mr. Jefferson insisted upon the
following fundamental principles of government under our Constitution, and, as he was one of its original framers, he certainly
better knew what it means than Mr. Lincoln does.
T/te Sutpremacy of the Civil over the Military Authority."
" Tlte Arraignment of all abuses at the bar of Public Reason."
"Freedom of the Press."
" FREEDOM OF PERSON, UNDER THE PROTECTION OF THE HABEAS
CORPUS."
Trial by Juries Impartially Selected." 
30
These principles" said the great Jefferson, "form the bright
constellation which has gone before us, and guided our steps
through the age of revolution and reformation.  The wisdom of
of sages, and the blood of our heroes have been devoted to their
attainment.  They should be the creed of'our politieal faith, the
text of civil instruction, the touchstone by which to try the services
of -those we trust.   AND  SHOULD WE WANDER FROM  THEM, IN
MOMENTS OF ERROR AND ALARM, LET US HASTEN TO RETRACE OUR
STEPS, AND TO REGAIN THE ROAD WHICH ALONE LEADS TO PEACE,
LIBERTY, AND SAFETY."
But the Committee decline to pursue this discussion any further,
the evidence is given in full-the public may take it and weigh it
for themselves. Afterwhile they will pass their verdict upon itwhen those now in power will be brought back to a just realization
THAT THD PEOPLE ARE THE GOVERNMENT, AND THAT THEY WILL
NEVER YIELD UP TIIEIR PRECIOUS LIBERTIES-NEVER.
JASON B. BROWN,
BAYLESS W. HANNA,
0. S. GIVEN,
JONAS G. HOWARD,
EDWIN. P. FERRIS,
CHARLES B. LASSEI,LE,
SAMUEL A. SHOAFF. 
EVIDENCE.
CASE OF Dlt, THEODORE 1tOItTON,
Dr. Theodore Horton being first duly sworn, testified as follows:
Question by Mr. HOWARD  State when, where, and in what manner you  were arrested,
together with your name, age, occupation, your place of residence,
and for what period you have lived at your present place of residence, and where and how long you were held in custody.
Answer-My name is Theodore Horton. I am thirty-nine years
of age; a practicing physician; reside at Bluffton, Wells county,
State of Indiana; have resided there for the last fifteen years. I
was arrested by WV. H. Fitch on or about the 9th day of October,
1862, upon an order from I). G. Rose. On that night, at about
eleven o'clock, and some time after I had retired to bed, I was
aroused by a loud knockl at my door; I bade the person to step in,
and upon his doing so, I inquired what he wanted; he informed
me that he wanted the assistance of a surgeon, as a friend had
broke his leg, about three miles from town, on the road to Murray.
I inquired the name of the person who had broke his leg, and was
informed that it was Johnson. I then said that I knew of no person of that name living in that vicinity, when I was informed that
he was a stranger, and that he was on his way to Bluffton riding
in a covered carriage, and in the darkness of the night they had
unfortunately upset, thrown him out and broken his leg. The
messenger, who proved to be W. H. Fitch, informed me that he
had his carriage at my door, and if I saw proper I could ride with
him. I tried to excuse myself, but Fitch insisted, and I finally
consented to ride with him on condition that he would bring me
back after I had performed his service. This he gave me the fullest assurance he would do. I then got into his carriage, and took
the back seat. Mr. Fitch got in beside, and a person whom I
afterward learned was Frank Burrass, got in, and seating himself 
upon the front seat, took up the reins and drove off. We had gone
about two miles from town, when Mr. Fitch remarked, as he was
sitting upon my left side, that his arm was very sore beating
against the side of the carriage; that he would be glad to exchange
seats with me. I at once complied with his request, and changed
seats with him. As soon as he had become seated, he said: "It
is no use keeping this thing from you any longer. I am an officer,
and have been sent by Provost Marshal Rose to arrest you,
and bring you at once before him at his office in Indianapolis."
I told him that I regretted that he had made the arrest in the
manner he had, but would be better satisfied if he would turn back
and let me inform my family where I was going, that they might
not feel so uneasy about my absence, and also that I might have
an opportunity to make some necessary changes in rmy apparel.
Mr. Fitch informed me that it was out of the question, as he had
to be at Huntington at 5 o'clock, A. M., to meet the train, and that
he would not miss it for a hundred dollars. I then inquired for his
authority. He informed me that he had it, but the darkness of the
night being made impenetrable by clouds and rain, I could not
read it until we arrived at some place where we could have the
convenience of a light, which did not occur until we reached Huntington. Here Mr. Fitch put into my hands an order, issued by
Marshal Rose, directing Messrs. Fitch and Bisbing to arrest me
and bring me before him, at his office at Indianapolis. No crime
was alleged or charge made, and Mr. Fitch informed me that he
was entirely ignorant as to what the offense was upon which the
arrest was made. At Huntington we got in company with Bisbing, who had accompanied Mr. Fitch to assist in making the
arrest, but, in consequence of indisposition, was compelled to
remain at that place.
In about three hours the train for Peru arrived, and I was put
on board, and brought to Indianapolis. I was taken to the Federal
Building and delivered to Marshal Rose, who conducted me to an
apartment in the building and locked me in by myself.  I remained
here about three days, before I was aware of what the nature of
the charge was for which I had been arrested and thrown into
prison. Then, at my request, Marshal Rose brought forward an
affidavit made by one John Phipps, an entirely irresponsible person, alleging that upon a certain occasion I had made use of
language calculated to discourage enlistments.
I at once desired an examination, knowing the charge to be
4
32 
33
most flagitiously false, and believing that they'were founded in
personal malice, made alone for the purpose of gratifying the
basest passions of human nature, and perfecting a political con spiracy and intrigue, through the flagrant usurpation of power by
government officials.  But all efforts to obtain all investigation
were unsuccessful, and after being kept in confinement for five
weeks, was released by Marshal Rose, who informed me I
was " a free man," and was "at liberty to go where I pleased."
It is my impression that the affidavit of Phipps was made on the
sixth day of October last, and I was arrested on the ninth of the
same month.
Question by Mr. HANNA   State whether you ever made a request for examination or
trial as to the causes of your imprisonment?
Answer-Yes, sir; I requested Mr. Rose to inform me; and I
thought Mr. Rose had a discretionary power in the matter. My
attorneys told me they could do nothing, as there were no prece dents in law-no law governing the case.
Question by Mr. HANNA   State what Mr. Rose's response was to your question in that
matter?
Answer —He said he had no discretionary power, but that he
had telegraphed to Washington City, to the authorities there, for
instructionl, and was awaiting a response, expecting it from day
to day, until the period of my release, for some weeks.   For
the first week or two, we were questioning him fromn day to day.
Question by  Mr. HANNA   State whether at any time during your duress, Mr. Rose ever
informed you by what authority you had been arrested, and by
what authority he acted in the premises?
Answer-He never did.
Question by Mr. HANNA
State whether you ever had any conversation with Governor
Morton on the subject of your arrest during your confinement?
Answer-Not during rmly confinement.
Question by Mr. HANNA   Is the affidavit upon which you were arrested in your possession?
Answer-It is not.
Question by Mr. HANNA   Do you remember the substance of that affidavit?
C. A. A.-3 
34
Answer-I do not recollect its date, but I do recollect the snbstance of it.
Question by Mr. HANNA  State,the contents of the affidavit as near as you can recollect?
Answer-It asserted that in the speech that I made that this was
an Abolition war, and that Abe Lincoln's proclamation of September 22, capped the climax of the Abolition policy; that in
appealing to the audience I asked them whether they would enlist
to fight to free the negroes, and that I responded myself to the
question, "no, no! you will not."  This. was about the substance
of it, but there were other points I do not remember.
Question by Mr. HANNA  Do you know Phipps, the affiant you have alluded to, when you
see him?
Answer-Yes sir, I do.
Question by Mr. HANNA  Was he present at the time you made this speech referred to?
Answer-He was.
Question by Mr. HANNA  Are you acquainted with his general character in the neighborhood where he lives for truth and veracity?
Answer-I am.
Question by Mr. HANNA  What is it?
Answer-It is bad.
Question by Mr. HANNA  Are you acquainted with his condition as to means and property?
Answer-I am.
Question by Mr. HANNA  State whether he is responsible for his contracts?
Answer-He is irresponsible.
Question by Mr. HANNA  Do I understand you to say you were arrested on the night
of the ninth of October?
Answer-Yes, sir; I was.
Question by Mr. HANNA  About what time?
Answer-About eleven o'clock, p. m.
Question by Mr. HANNA  When were you discharged?
Answer-I think it was about the thirteenth day of November. 
35
Question by Mr. HANNA   Did they pay your expenses home after your discharge?
Answer-I paid my own expenses.
Question by Mr. HANNA   State what conversation occurred between you and Colonel
Rose, or any other officer having you in duress, at the time of
your discharge?
Answer-All the conversation that took place between myself
and Colonel Rose, at the time of my discharge, was this: he said
"I have the pleasure to inform you that you are a free man. You
are at liberty to go where you please."
Question by Mr. HANNA   State when and where you made the speech alluded to in
Phipp's affidavit.
Answer-In Nottingham township, Wells county, Indiana. The
precise day I do not remember. It was about the second day of
October last.
Question by Mr. HANNA  Did you, at any time after your arrest upon Phipps' affidavit,
have any trial or examination before any court or officer whatsoever, as to the causes of your arrest?
Answer-No, sir; I was discharged without any trial.
Question by Mr. BROWN  What was the occupation of Colonel Rose at the time of your
arrest and imprisonment?
Answer-He was acting as Provost, and U.S. Marshal, for the
District of Indiana.
Question by Mr. GIVEN  State what is the age of Mr. Phipps; if he is an able-bodied
man, and what political party he acts with, and belongs to?
Answer-I should judge him to be a man of about thirty years
of age, able-bodied, and a Republican.
Question by Mr. GIVEN  State what political party you acted with at the time of your
arrest?
Answer-WVith the Democratic party.  I never acted with any
other.
Question by Mr. HANNA  State, Doctor, whether you ever made the declarations alleged
against you in Phipps' affidavit?
Answer-I did not, as quoted in the affidavit. 
36
Question by Mr. HANNA  State whether it was your purpose, in the speech referred to, to
embarrass enlistments under the order of the President of the
United States?
Answer-I had no thought, intention, or desire of doing so.
Question by Mr. BROWN  State whether you did not produce to Colonel Rose the affidavit
of several of your responsible neighbors, who heard the speech
referred to in Phipps' affidavit, alleging that the statements in
Phipps' affidavit were false?
Answer-I produced to Colonel Rose an affidavit, with the signatures of sixteen persons who heard the speech referred to by
Phipps, and one or two other affidavits, asserting that the statements made by Phipps, in his said affidavit, were false, and the
persons who.lade these affidavits were all citizens of the imrmediate neighborhood in which the speech was made.
Question by Mr. GREGORY  State by whom this meeting was called, and what was the
object of the same, at which you made the speech alluded to.
Answer -The meeting was called by the candidate upon the
Republican ticket for Representative, A. B. Jetmore, and was called
for the purpose of discussing the political topics of the day.
Question by Mr. GREGORY   By whom were you called out to make a speech upon that occasion?
Answer-By the Democrats living in the vicinity of the place
where the speech was made.
Question by Mr. GREGORY   State, as near as you can, what was your language in regard to
the policy of the present Administration, in carrying on this war,
as to the negro question?
Answer-As near as I can recollect, I stated that I believed that
it was the policy of this Administration to abolish sjavery, and
that I considered that Abolitionism was as much opposed to the
existence of the Union as Secessionism; that I considered in the
tonflict which then overwhelmed the country, that we had enemies
,at the North as well as at the South; that we proposed to meet
these enemies in the North at the ballot-box, and by the little paper
ballots, which drop as the silent snow-flake, to sweep the Abolition
minions from power; and while we thus relieved the Government 
37
from their oppressive hands, it was also our duty to shoulder our
muskets and put down Secessionism with bullets.
Question by Mr. GREGORY  State when you were first shown the affidavit upon which you
were arrested?
Answer-I think it was on the 14th or 15th of October, a few
days after I was arrested.
Question by Mr. GREGORY  State how you were treated, as to privileges granted you, while
you were in the custody of the United States Marshal.
Answer-I could not complain of the treatment.
Question by Mr. BAKER  How long before you were released from confinement that you
received the affidavits stating that Phipps' affidavit was false?
Answer-About three weeks.
Question by Mr. BAKER  Have you the affidavits?
Answer-I have them at home.
Question by Mr. BAKER  D)id these men who made the affidavits contradicting Phipps'
affidavit, know the language that Phipps had employed in the
affidavit he made against you upon which you were arrested?
Answer-I procured a copy of Phipps' affidavit and sent it to
them, and suppose they did.
Question by Mr. GREGG  Did Colonel Rose know any thing about what. the affidavit you
handed him contained?
Answer-Only what I told him, and that was that they were
the affidavits of citizens who were at the meeting spoken of by
Phipps, contradicting Phipps' statements. When I handed the
affidavits to Rose, he said that he had not time to examine them.
He took them and laid them on the mantle-piece, and I then told
him that if he could not examine them that I would keep them'in
my possession until he had time'to examine them. He never
called for them.
Question by Mr. HAN-NA —
State whether or not you have, at any time during the present
hostilities, endeavored, by your personal influence and your means,
to assist the Government in procuring recruits for the army of the
United States?
Answer-I have, by assisting companies with money as they 
38
were about to leave our place, and so assisted in getting up recruits
at meetings called for that purpose.
Question by Mr. SHOAFF  Was there more than one affidavit made against you embodying
the substance of Phipps' affidavit?
Answer-I don't know that there were others.
Question by Mr. SHOAFF  Did you understand at the time that there was an order of the
Secretary of War making the discouragement of enlistments a
penal offense?
Answer-I did.
Question by Mr. BROwN  State whether during your imprisonment there were any other
persons imprisoined with you upon charges similar to the one upon
which you were imprisoned; and if so, who were they?
Answer-There were two others confined in the same room with
me upon similar charges-Richard Slater, of Dearborn county, and
Harris Reynolds, of Fountain county.
Question by Mr. BROWN  Were they discharged at the same time, and in the same manner, that you were?
Answer-Mr. Slater was, but Mr. Reynolds was discharged
some two weeks prior to our discharge, and I understand upon
condition that he would furnish a substitute for himself in the
army, he being drafted.
Question by Mr. BROWN  Are you certain that you were arrested and imprisoned before
the State election?
Answer-I am; some three days before the election.
Question by Mr. BAKER  What company was it you assisted, by money or otherwise,
in getting off to the army?
*Answer-I assisted Captain Peter Studebaker's company, and
some five others, which were raised in our county.
Question by Mr. BAKER  In what manner did you assist them?
Answer-In giving money to assist the companies off; and
being the leader of a band of music, furnished free music at
numerous meetings called for the purpose of soliciting volunteers
and in escorting companies on their road to Indianapolis. 
39
Question by Mr. LASSELLE  State if you, during your imprisonment, were called as a physician to visit some of the Blackford county prisoners, who were
sick in other rooms; and if so, your judgment as to their treatment, the cause of their illness, &c.
Answer-I was so called by Colonel Rose; I found them confined in very small cells, in which there were no side windows;
but a small, closed sky-light; no ventilation except through the
small interstices of the iron doors. The rooms were filthy, and
not fit for the confinement of prisoners. I found several of them
seriously ill, and attribute their disease to the unhealthiness of the
prisen-perhaps aggravated by improper diet.
THEODORE HORTON.
STATE OF INDIANA, ss:
Wells County,
We, Jerome Ruff, John M. Powers, Rannals Walser, George J.
Gottschalk, John Gottschalk, George  Dulinsky, Wm.  Dulinsky,
Matthew Long, Cyrus Marsh, Benneville Sawyer, John A. Sawyer,
Amos Gehrett, and E. A. Holrton, of lawful age, residents of the
county and State aforesaid, upon our oaths depose and say: That
on the 2d day of October, 1862, we attended a political meeting in
Nottingham township, Wells county, Indiana, which said meeting
was appointed for the purpose of discussing the political issues before the country, by one A. B. Jetmore, candidate for State Representative for the counties of Blackford and Wells; that one John
Phipps, of company A, Thirty-Fourth Regiment Indiana Volunteer Infantry, was present at said meeting, for the purpose of procuring volunteers; that Theodore Horton, (now under arrest upon
a charge of then and there discouraging enlistments, which said
charge said Phipps, on the 6th of October, 1862, made affidavit to
before one Dwight Klinck, a notary public in and for said county
and State,) was also present at said meeting; that said Horton,
after said Jetmore and said Phipps had concluded their efforts on
the occasion, was called for by a large number present, to address
them; that said Horton distinctly inquired, before he responded to
that call, if said Jetmore and said Phipps had concluded their
labors for the evening, and not until he had received from those
gentlemen an affirmative response to his said inquiry, did. said
Horton proceed to address said meeting. And deponents say that
their understanding of the purpose of said Horton being so called 
40
upon to address said meeting, and of his responding to said call,
was to answer said Jetmore's political speech, and for such purpose
only.
Deponeuts further say, they were present duAng the entire remarks of said ilorton then and ibere made; tbat tbey paid strict
and close attention to those remarks; that if the language imputed
to said ilorton by said Phipps in his said affidavit, to-wit: "I
always knew this was an Abolition war-the President's proclamation tops the Abolition climax-you have been asked to-night to
volunteer-did you do it? NQ, you are not a-going to volunteer.
The speaker called for voluntecr-how many did he get? None.
You are not going to volunteer under such a policy-no, not one.
The persons in power are all Abolitionists, and all who uphold
the Administration in its policy are Abolitionists. We will put
the Democra#ts in power, and then we will shoot down the Abolitionists," had been used by said ilorton then and there, deponents
would remember it; that said ilorton did not use said Tangug,
nor any language calculated to discourage enlistments, but on the
contrary, said ilorton then and there spoke in substance as follow,
to wit: "That the country had been forced into this war by the
disunion Abolitionists of the North and the fire-eating Secessionists of the South; that there was left us but one course, namely,
to shoulder our muskets and destroy the rcbcls of the South pith
bullets, and to meet thee Abolitionists at the ballot-box, and by the
mighty power of those little paper ballots, which drop as the
silent snow-flake, to sweep from power the Abolition element in
the Government, and restore it to the glory and power in which
our fathers bequeathed it to us;" that said ilorton then and there
uttered no language expressing hostility to the Government, or
regarded.
And deponents further say that, in answer to an inquiry then
and there put to him by said Jetmore, in substance, whether or
not he, said Horton, was in favor of putting down the Rebellion,
said Horton distinctly and emphatically said "he was in favor of
putting down the Rebellion, and that the war should be carried on
until that purpose was accomplished."
Deponents further say that there were present at said meeting
about thirty or forty persons.
And further deponents say not.
JEROME B. RUFF,
JOHN M. POWERS,
RANNALS WALSER,
GEORGE J. GOTTSCHALK,
JOHN GOTTSCHALK, 18 years old,
GEORGE DULINSKY, 17 years old,
WILLIAM DULINSKY,
MATIHEW LONG, 
41
CYRUS MARSH,
BENNEVILLE SAWYER,
JOHN A. SAWYER,
AMOS GEHRETT,
E. A. HORTON.
State of Indiana, T]ells Connty, ss:
Personally appeared before me, the undersigned Justice of the
Peace, in and for said county, Jerome B. Ruff, John M. Powers,
Rannals Walser, George J. Gottschalk, John Gottschalk, George
Dulinsky, William Dulinsky, Mathew Long, Cyrus Marsh, Benneville Sawyer, and John A. Sawyer, and subscribed and made oath
to the foregoing affidavit, this 17th of October, 1862.
In testimony whereof, I hereunto set my hand and seal, this
17th day of October, 1862.
DAVID MYERS, J. P.
SEAL. 
THE BLACKFORD COUNTY CASES.
ANDREW BRICKLEY AFFIRMED.
Examined by Mr. FERRIS  Answer-My name is Andrew Brickley; age thirty-three years.
I reside at Hartford City, Blackford county, Indiana. I have
resided in Blackford county about eight years, and in the town of
Hartford City about two years. My occupation is that of a saddler and harness maker;  I am, at present, sheriff of Blackford
county.,
I was arrested by Thomas Browne, of Winchester, at Hartford
City, on or about the 8th of October, 1862, upon a charge, as
Browne alleged, that I had aided and abetted in resisting the draft.
In making the arrest, he said that he arrested me upon affidavits
that had been filed by citizens against me, but refused to show me
any authority for making the arrest.  Browne was accompanied
by a file of soldiers somne ten or twelve strong, under his command.
After my arrest I was taken to Indianapolis, by soldiers detailed
for that purpose. Then I was placed in the Government Bastilethat is the Post Office Building-placed in the fourth story of that
building-there locked up, without fire, bedding, or any convenience
of the kind. Soldiers without the doors guarded the entrance.
There were six of us confined in that cell.  We had no fire during
our stay in the building-some thirty-three days. We had bedding, however, after the third night. We were released on or about
the 15th of November last. At the time of our release, all Irishman named John, a waiter or servant of Colonel Rose,
who sometimes carried the keys, came in and said to us that we
were now released, but wished us to tarry, as Marshal Rose might
wish to have some conversation with us before we left.  We  told
him that we would cheerfully do so, and requested that he might
call, so that we could have a conversation with him. We waited
some two hours, but he did not come. Then John stated to us
that we could leave, as the Marshal was not comining. We then 
43
left the prison-rooms and returned home.  We paid all our expenses
home. The food furnished us, while in prison, consisted generally
of old bacon, sometimes very badly tainted, and sea biscuit or
pilot bread, and occasionally baker's bread. We had nothing to
eat with-as knives, forks, and spoons-until some of our friends
brought them. We also ourselves, in consequence of the bad food
furnished us, had to purchase our own provisions out.
In consequence of this imprisonment my health was seriously
imnipaired for several months. From cold and exposure I contracted
cold, which settled upon my lungs, and until within the last three
weeks, I have been unable to do a day's work.
Question by Mr. LASSELLE —
Who is the Mr. Browne you allude to as having arrested you?
Answer-Thomas Browne, of Winchester, who is now a Senator here from Randolph county.
Question by Mr. GIVEN  Were you acquainted with Browne prior to your arrest?
Answer-Not very intimately.  I knew him by sight.
Question by Mr. LASSELLE  Saate  whether at the time of your arrest you demanded  of
Browne his authority for arresting you.
Answer-I did.  His reply was, I have not arrested you without
affidavit; I have the affidavit of several of the citizens of this
place; but refused to show his authority.
Question by Mr. GIVEN  Do you know who the persons were that made the affidavit?
Answer-I do not know only from rumor.
Question by Mr. FERRIs  State the facts in regard to the truth or falsity of the charge that
you aided and abetted in resisting the draft.
Answer-It is utterly false that I did either; on the contrary, on
the day the ballot-box was mashed, I used all my energies to prevent the trouble, and twice succeeded in getting the prime mover
in the difficulty out of the court-house, and was myself at the time
of the mashing outside of the court-house.
Question by Mr. FERRIs  What did you do toward getting a hearing, and with what
success?
Answer-We urged a hearing, but got none.
Question by Mr. FERRIs  What was your treatment after your arrest and until your incarceration in prison here? 
44
Answer-On our way here we were guarded by soldiers and
refused the privilege of conversing with each other. Upon our
arrival in this city we were marched through the streets, and held
at the street corners for some time as if on exhibition, and then we
were marched through the camp.
Question by Mr. LASSELLE  State by what authority or by what officer you were detained in
prison, so far as you know or believe.
Answer-My opinion is that it was by authority of Marshal
Rose, and my reason for this opinion is that those who had the
custody of us quoted him as authority.
Question by Mr. GIVEN  Have you a family?
Answer-Yes, sir; a wife and three children.
Question by Mr. GIVEN  What political party did you at that time belong to?
Answer-The Democratic party.
Question by Mr. GIVEN  State, if you know, to what party Mr. Browne, who arrested
you, belongs. 
Answer-I understand he belongs to the Republican party.
Question by Mr. GREGoRY  At or before the draft ill your county, do you know any thing
about any secret organizations in your county to resist the draft?
Answer-I do not.
Question by Mr. GREGORY  Did any one in your county before the draft, secretly or otherwise, advise or counsel with you what to do in permitting the
draft to be carried out in your county?
Answer-They did not.
Question by Mr. GREGORY  State whether you were called upon by the Provost Marshal to
assist him ill completing the draft, and did you so assist him?
Answer-I was called upon merely to stand by and see that it
was done legally and rightnot asked to participate in the drawing. The request was from the Provost Marshal. I stood by the
Commissioner when the drafting commenced, but left the room,
taking with me the leading man in the disturbance, Williams, out
of the house, and having taken him out the second time, he slipped
me, and the draft-box was mashed up while I was out of doors.
4 
45
Question by Mr. GREGORY  Did you refuse to act as the Deputy of the Provost Marshal in
making the draft in that county?
Answer-Yes sir; I did refuse to take any part in the drawing,
further than to stand by and see that it was legally done, as I have
before stated.
Qjuestion by Mr. GREGORY  State whether this Williams, who resisted the draft, was arrested
for his conduct?
Answer-Not to my knowledge.
Question by Mr. GREGORY  Did you, as Sheriff, do any thing to cause said VWilliams to be
arrested?
Answer-I did not.
Question by Mr. GREGORY  State why?
Answer-I had no warrant to do so, and beside this, I was
arrested the second day after myself.
Question by Mr. GREGORY   State whether you caused or directed any one on the day of the
difficulty to pursue and capture said Williams?
Answer-I did not.
Question by Mr. FERRIs   Was the Provost Marshal himself present at the time of the
draft, and if so, did he order the arrest of said Williams?
Answer —He was present, but did not, to my knowledge, give
such an order.
Question by Mr. FERRIs   Why did you not arrest Williams?
Answer-I considered I had no legal right to do so. I was not
acting as Provost Marshal, nor as his Deputy; did not see the draft box broken, and had no lawful warrant to make an arrest.
question by Mr. FERRIs   You have, in your testimony, alluded to your action in endeavor ing to quiet Williams, who mashed the box.  Now state what
occasioned Williams' dissatisfaction? What did he say was the
trouble?
Answer-He complained that he had been enrolled in the wrong
township-a township he did not reside in.  The township in
which he alleged he should have been enrolled, was subject to a
draft of only two men, while that in which he actually was enrolled 
46
required a draft of thirty-eight men. Williams' statement ass to
his residence was correct, and the necessary change of his location
was made prior to the attempt to execute the draft.
ANDREW BRICKLEY.
FRANK M. TAUGHINBAUGH SWORN.
Examined by Mr. LASSELLE  Answer-F. M. Taughinbaugh.  I amn in my thirty-third year;
a farmer; my residence is in Blackford county.  I have resided
there, mainly, for eighteen years. I have a famrnily-a wife and
three children.
I was arrested at midnight on the 9th of October last, at my
own house, some ten miles and a half from Hartford City, by a
file of eight soldiers, under the orders, as I understood, of Thomas
Browne, of Winchester, in Randolph county. Upon my arrest, I
demanded their authority and the cause for my arrest. This was
refused.  On the next morningthey started with me for Indianapolis, where we arrived on the 11th of that month. At Indianapolis
we were placed in the cells of the Post Office prison. I have
heard read the statements of Mr. Brickley, before this Committee,
and I corroborate his testimony as to our incarceration in prison,
treatment, and final release, having been confined with him in the
samtne room, and released in the same manner, and at the same
time, and by the same person. The charge, as I learned after my
arrival in this city, was, that I had participated, or aided and
abetted, in resisting the draft at Hartford City. The charge.was
wholly false. I did nothing of the kind.
I knew of no secret organizations at the time, designed or
intended to resist the draft, nor do I believe there was any. I
saw the draft-box mashed, and saw but one man (Williams,)
engaged in it. I saw the sheriff (Brickley) take Williams out of
the room twice, and know that he used his efforts to prevent the
mashing of the draft-box.
Question by Mr. FERRIs —
~, 
47
State what, if any, efforts you made to procure a hearing in
your case, or a release.
Answer-,I  asked the guards who had charge of us, when our
trial was going off; and they said they knew nothing more about
it than we did.
Question by Mr. SIHOAFF  Did you, at any time, send a written communication to the
Marshal, demanding a hearing?
Answer-I did not.
Question by Mr. FERRIs  Did you ever apply to any person having you in charge for the
affidavits filed against you, and, if so, with what success?
Answer-W-e employed Judge  Roache to do so; and he informed us that hlie could not get to see them.
Question by Mr. FERRIS  What was your treatment, by those who had you in custody,
upon your arrival in this city?
Answer-They took us off the cars between guards stationed
on each side; marched us through the streets to Camp  McMananice, and circling around to the front of the Post Office,
where we were detained for an hour and a half or two hours, subjected to the jeers of the bystanders, and then we were marched up
into the cells.
Question by Mr. FERRIS  To what political party do you belong?
Answer-I am a Democrat.
Question by Mr. FERRIs  Do you know whether any affidavit wvas ever filed against you?
Answer-I do not.  I was arrested, so far as I know, without
any warrant.
Question by Mr. MORGAN  Was you in the court-house when they were preparing to make
the draft, and if so, how far were you from the box?
Answer-I was in the house, about five feet from the box.
Question by Mr. MORGAN  Had you ever spoken to any person about resisting the draft?
Answer —Not to my recollection.
Question by Mr. MORGAN  State what you heard Williams say about resisting the draft?
Answer-He said he was enrolled in the wrong township, and if 
48
he was drafted he would not stand by it, and the officer told him
he would try and fix it all right.
Question by Mr. HOWARD  Had any drafting been done at the time the box was mashed?
Answer-No, sir.
Question by Mr. HOwARD-           -
How many persons were present at the drafting?
Answer-I judge there were present about forty or fifty persons.
Question by Mr. HOWARD  Was Williams drunk or sober?
Answer-I judged from his appearance that he das drunk.
Question by Mr. HOWARD  State whether or not the box was instantly mashed, and so that
no one could interfere to prevent it?
Answer-It was done so quick that I hardly knew it.  I don't
think any one could have interfered to prevent it.
F.M. TAUGHINBAUGH.
ELIHU LYON SWORN.
Examined by Mr. LASSELLE  Answer-My name is Elihu Lyon; I am twenty-nine years of
age; by occupation a farmer. I reside in BlackforA county, and
have resided there over eleven years. I have a family-a wife.
I was arrested at my home, about ten miles east of Hartford
City, after midnight of the 9th of October last, by a file of soldiers, taken to Hartford City, and from there to Indianapolis.
From the time we left Hartford City, which was about 6 o'clock in
the morning of the 10th of October, we were allowed nothing to
eat until we arrived at Muncietown, at about 6 o'clock in the evening of the same day, when we were allowed a mere bite of bread
and cheese. We received nothing else to eat until the next day at
3 o'clock in the afternoon. This was on Saturday, and on Sunday, about noon, a light luntch was served up for us, and in the
evening a supper.  During our entire confinement in the Bastile,
our meals were not only very irregularly served, but decidedly bad
and unfit to eat, and often missed entirely. Our treatment in this 
49
respect was decidedly mean and disgracefill. On our way to this
city we were not permitted to converse with each other, or with
any person.
The charge alleged against me, as I learned after my arrest, was
that I had aided in resisting the draft.  The charge was wholly
untrue. I never did any thing of the kind. I knew of no secret
or other organization to resist the draft in Blacklford county, or
elsewhere, nor do I believe there was any.
I have heard read the statements of Messrs. Brickley, Taughinbaugh, and Tarr, and I fully corroborate their testimony as to our
incarceration in the Post Office Bastile, our treatment while in
custody, and our release, having been confined in the same cell, and
released in the same manner, at the same time, and by the same
person.
The cell in which we were confined, for the greater period of our
imprisonment, was a room with an iron-grated door, no side windows, and a tight sky-light. Its entire ventillation was through the
barred doors. The room is unhealthy and unfit for the confinement
of persons.
I was in the court-room at the time the draft-box was mashed
up, but did not participate in the exercises. Politically, I am a
Democrat.  I know of no Republican who was arrested.  In common with those I have named, I frequently insisted upon an examination and trial, but we received none; and when discharged, it
was without trial or examination of any kind whatever.  During
my confinement in prison I took the measles, and was discharged
while sick of that disease.  It is my belief that the disease was
contracted by using bedclothes which had been used in the military hospital and brought from there to us. I do not know by
whose authority I was arrested, but I understood it was by that of
Colonel Thomas Browne, of Winchester.
Question by Mr. MORGAN  Where were you when the draft-box'was mashed?
Answer-I was in the court room, some twenty-five or thirty
feet from the box.
Question by Mr. MORGAN  Did you ever make a written application for release?
Answer-I did not.
Question by Mr. MORGAN  In what way did you make applications for a trial?
C. A. A. 4 
Answer-To the officers and soldiers who came to the room we
were in.
Question by Mr. MORGAN  What answer did they make?
Answer-Some of them said we should have a trial as soon as
the rest were brought down.
Question by Mr. BAKER  Was there any cheering in the house at the time the draft-box
was mashed?
Answer-I do not think there was any.
Question by Mr. MORGAN  Had you any conversation prior to the draft, with any person,
about resisting the draft?
Answer-I had not.
Question by Mr. FERRIS  Was there any disturbance, or attempt at disturbanee, with the
exception of that of Williams?
Answer-There was none that I know of.
ELIHU LYON.
WILLIAM ARMSTRONG SWORN.
Examined by Mr. SIIOAFF  Answer-My name is William Armstrong.  I am nearly sixtythree years of age.   I reside in Blackford county,  and have
resided there nearly nine years. My family at home now consists
of myself and wife only.
I was arrested on the day of the election, by a file of three
soldiers, under the command of Captain Stretch, of Grant county,
and brought to this city, where I was placed in the Bastile of the
Post Office.  At the same  time John  Miller, Daniel  Watson,
Thomas Longfellow, John Vanhorn, John Daugherty, Thomas
Daugherty, Jacob Clapper, Henry Snider, Gilbert Townsend, jr.,
William T. Schull, and Bluford Mills, were also arrested and
brought down with me. We remained in prison a little over four
weeks, except Snider and Clapper, who were released the next
morning after our arrival in this city. We had no trial, no examin
50 
51
ation. John, Colonel Rose's porter, announced to us the fact that we
were discharged. Our treatment while in prison was very bad, the
food furnished us was not fit to eat; the meat was tainted and
smelled badly; the bed clothing was wholly insufficient, and the room
unheated. I was taken sick in prison from the cold and exposure,
and have been sick since my return home, in consequence. My
hearing and sight have both been affected by it. My right ear is
now entirely deaf.  For two months after I returned home I was
under the treatment of a physician for disease contracted in prison.
I know of no charges made against me. Those who arrested me
replied to my inquiries as to the cause of my arrest, that they did
not know. I am a full-blooded Democrat; voted that ticket for
about forty years; never voted any other ticket, and never intend
to. While here, we employed Colonel Steele as our attorney, to
assist in procuring our release. He informed me that he had seen
the affidavits; that there was nothing against me; but that he
could not get me released.  All of us, but Mr. Schull, were confined in the same room for a portion of the time. After about
three weeks I was very well treated, but the rest were not.
WM. ARMSTRONG.
THOMAS DAUGHERTY SWORN.
Examined by Mr. BnowN  Anlswer-My name is Thomas Daugherty. I am twenty years
of age. I have no family. I reside in Blackford county, and have
resided there for about fourteen years. I am a farmer by occupation. I was arrested at Hartford City, on the day before the
election in October last, by Captain Stretch and a file of cavalry,
and conveyed to the Bastile, in Indianapolis, in company with John
Daugherty, William Armstrong, John Miller, John Vanhorn, Daniel
Watson, Thomas Longfellow, Bluford Mills, Jacob Clapper and
Henry Snider. We arrived in this city on the evening of the 17th
of October. While in prison we insisted upon a trial and examination, but failed to obtain one. As to our treatment while in
prison here, I have heard read the testimony of Mr. Armstrong, 
52
and I concur in his statements. We paid our own expenses home.
I contracted disease from my confinement, and returned home sick
and was confined to my room for over four weeks, and have not
done a day's work since then.  There was altogether some seventeen or eighteen men from our county arrested and imprisoned here
from Blackford county, in this matter. I know of no charges
made against me-never saw any affidavit. Colonel Steele told
me that he had seen the affidavits, but there was nothing against
me. Politically, I am a Democrat.
Question by Mr. BAKER  Were you in the court house at the time the draft-box was
mashed, and if so, how far distant from the draft-box.
Answer-Yes, sir; about six feet off, and saw Williams kick it,
then pick it up and throw it on the floor.
Question by Mr. MORGAN  Had you any conversation with any one prior to the draft, in
regard to resisting the draft?
Answer-No sir.  The only man I heard say any thing was
Williams, who said that he was enrolled in the wrong township,
and that if they did not right it he would.
Question by Mr. FERRIS   Was you in the room from the time the preparations for the
draft commenced until the box was mashed?
Answer-I was.
Question by Mr. FERRIs   Was there at any time the least disposition to disturb the draft,
except that shown by Williams?
Answer-Not that I know of.
THOMAS DAUGHERTY.
JOHN M. VANHORN SWORN.
Examined by Mr. LASSELLE  Answer-My name is John M. Vanhorn; I am twenty-six yeasr
of age; by occupation a farmer; reside in Blackford county, and have 
resided in that neighborhood for over fifteen years. I have a
family-wife and one child.
I was arrested on the day before the last October election, at
hIlartford City, by Captain James A. Stretch, of Grant county.
There were some four or five of us arrested at the same time.
One of them asked him what we were arrested for, and he answered that we were arrested for "disloyalty"  Hearing this, I
asked him no questions. On the 16th of October we were taken
to Indianapolis, and there imprisoned in the Bastile of the Post
Office Building, as I understood, under the charge of D. G. Rose,
United States Marshal. I was confined in the Bastile about four
weeks. As to our treatment while in prison, I entirely concur in
the statements made in testimony by Mr. Armstrong. I was discharged without trial and without examination. Politically, I am
a Democrat. I employed an attorney, and through him demanded
a trial.
Question by Mr. MORGAN  Was you in the court house when the box was mashed?
Answer-I was. I suppose I stood some fifteen feet distant.
Question by Mr. MORGAN  Had you ever, prior to the draft, any conversation about resisting it?
Answer-I had not.
Question by Mr. MORGAN  Was there any cheerings or demonstrations of satisfaction when
the box was destroyed?
Answer-No, sir; there was not.
J. M. VANHORN.
JOHN McMANAMON SWORN.
Examined by Mr. HANNA  Answer-My name is John McManamon. I am about forty-six
or forty-seven years of age; my occupation is that of a farmer and
a laborer. I have a family-a wife and five children. I reside in
Hartford City, and have resided there for the past seven years.
53 
54
I was arrested at my home on the night of the 8th of October
last, by Colonel Browne and a file of seven soldiers, and was
taken to the hotel, where Browne told me I had been arrested upon
a charge of resisting the draft. From Hartford City I was taken
to Indianapolis, in company with Messrs. Brickley, Taughinbaugh,
Lyons, Tarr, and Garrett, and there imprisoned in the Post Office
Building. I concur with the Blackford county witnesses, who have
testified here as to our treatment on the road to this place, and
while in durance here. I was imprisoned with those I have named
as coming with me as prisoners, and received the same vile treatment while in prison.
I was present a part of the time while the drafting was going
on, but did nothing to impede or resist its progress. The charge upon
which I was arrested was false. I know of no organization, secret
or other, in Blackford county or elsewhere, nor do I believe there
was any such designed to resist the draft.  I was released after
an imprisonment of about ten weeks. The manner of my discharge was this: The Deputy Marshall, Bigelow, I believe, came
to the cell door, and calling my name, told me to " go down."  I
passed down stairs, and seeing Colonel Steele, he informed me
that I was discharged; and I left for home.
My health was seriously impaired by the exposure and hardships
of my arrest and confinement. Since I returned home, I have
sometimes been confined to my room by illness contracted during
this imprisonment. The clothes I had on, when arrested, were
light, and no protection against the cold aad exposure of confinement, in an unheated, illy ventilated cell, where we had to sleep
upon the floor, with none, or scant and insufficient covering.
I have stated that I was present at the draft. I should not have
been there but for the fact that Isaac Goodin, the Drafting Commissioner, requested me to be there, as he desired to speak with
me.  Goodin afterward said to me that he knew I was innocent;
but Dr. Good, a leading and prominent Republican of that place,
said that the trouble with me was, that I was too strong a party
man. I am a Democrat. I requested a trial at Hartford City,
and while in prison here. My application here was to the Deputy
Marshal, personally. I had no trial.
Question by Mr. MORGAN  Did you hear any conversation about resisting the draft?
Answer —No, sir.
Question by Mr. MORGAN 
55
Did you hear any demonstrations of gratification when the draftbox was mashed?
Answer-No. I saw some men laughing. I saw none crying.
Question by Mr. FERRIs  What, if any, seemed to be the difficulty or misunderstanding,
when preparing for the draft, as to what person was authorized to
do the drafting, and what was said in reference to that matter?
Answer-Some of them claimed that the sheriff was entitled to
do it, and the Commissioner and Provost Marshal claimed it as.
their right. Some of them talking, said that they had no confidence in the Provost Marshal, and desired that the sheriff should
do it; and when this remark was made, the exclamation, "that's
right," was made by the bystanders.
JOHN McMANAMON.
WILLIAM T. S CHULL SWORN.
Examined by Mr. FERRIs  Answer-My name is William T. Schull. I am near forty-five
years of age; a practicing physician, and reside in Blackford
county; resided there eighteen years; have a family, wife and
seven children. I was arrested at the polls in Harrison township
at the election last October, by a couple of cavalry men, who,
after notifying me of my arrest, gave me until ten o'clock the next
day to appear at Hartford City, and from there I came here under
a pledge made to Captain Stretch for my appearance here. I came
here unguarded, though Captain Stretch came with me in the
same car upon the same train. Upon my arrival here I was
allowed to stop at the Palmer House until Saturday, when I was
ordered to appear before Colonel Rose, which I did. Captain
Stretch, as he had previously promised he would do, represented
to Colonel Rose that the affidavits against me were gotten up
through malicious designs. Then Rose examined the papers,
and upon doing so remarked that there was nothing in them,
and  I was  discharged.   One  of the  affidavits  filed against
me was made, as I am informed, by William Twible, and the 
56
other by Stephen Spaulding, both Republicans. Twible is a personal enemy of mine. One of these affidavits charged that I had
said "good for that," when informed of the breaking up of the
draft; the other charged me with having said that there was no
law for drafting; that "I wouldn't go if I was drafted," and that
this Administration was bankrupting the treasury of the United
States.  I was not present at the time of the draft. I am a Democrat. Those who filed the affidavits against mne are Republicans.
Question by Mr. MORGAN  Were you ever put in prison?
Answer-No, sir.
W. T. SCHIULL.
LEANDER TARR SWORN.
Examined by Mr. SHOAFF  Answer-My name is Leander Tarr. I am thirty-five years of
age; a farmer; and reside in Blackford county, Indiana; have
resided there most of the time (perhaps with the exception of a
month or six weeks) for fourteen years. I have a family-a wife
and eight children.
I was arrested on the 9th of October, at Hartford City, by an
officer and file of soldiers, who asked me my name, and said they
had an order for my arrest. I was then taken to a hotel in the
place, and delivered up to an officer, said to be Colonel Williams,
who told me he would deliver me over to anl officer said to be
Colonel Browne, and did so. I was then conveyed to Indianapolis
by a file of soldiers, in company with Messrs. Brickley, Taughinbaugh, McManamon, Lyon, and John P. Garrett. The charge
against me, as I learned from the officer, was, that I had aided in
resisting the draft. The charge was false and unfounded. I did
nothing of the kind. I know of no secret or other organization to
resist the draft, nor do I believe there was any. I have heard read
the statements of Messrs. Brickley and Taughinbaugh, before this
Committee, and I corroborate their testimony fully as to our incarceration in the Bastile; our treatment while in custody, and release; 
57
having been imprisoned with them in the same cell, released in the
same manner, at the same time, and by the same person.
I saw the draft-box mashed. Williams was the only man I saw
engaged in it. I saw the sheriff have Wvilliams out of doors,
endeavoring to persuade him to desist from his purpose to
mash  the box.  In the melee, I caught Williams  and aided in
preventing him from striking the Provost Marshal.
In politics, I arn a Democrat, and so are all who were arrested,
to my knowledge, in Blackford county. I know of no Republicans
who have been arrested.
My health was seriously affected by my imprisonment, so much
so, that I have been physically unable to do a day's work since my
release. We employed, first, Colonel Asberry Steele, and afterward Judge Roache, as our attorneys, who  both reported to us
that they could procure for us no examination; that the affidavits
had been sent to Washington City. I never saw the affidavits
against me.
The Arrest and Deathl of Bluford Mills.
Leander Tarr examined  My brother-in-law, Bluford Mills, was arrested, as I am informed
and believe, on the day before the election by Captain Stretch, and
brought to Indianapolis, placed in the cell with me for one evening,
when he was placed in another cell.  While he was in prison he
became very unwell, and continued so after his release and return
home. I often visited him while he was in prison, though my
requests to do so were refused for a week or more before the
privilege was granted me.  His illness continuing from the period
of his imprisonment, he died on or about the 16th of December
last, as I am informed and believe, from disease contracted while
in prison-or at least, that his exposure in prison was a cause of
hastening his death.
LEANDER TARR. 
THOMAS S. LONGFELLOW SWORN.
Examined by Mr. GIVEN  Answer-My name is Thomas Longfellow. I am forty-nine
years of age; reside in Blackford county, and have resided there
about twelve months.  I formerly resided for thirty-six years in
Henry county, in this State. I was born in Franklin county. I
have a family-wife and six children. I was arrested on the day
after the election in October last, at Hartford City, by Captain
Stretch, and brought to this city and incarcerated in the Post Office
Building. As to our imprisonment, treatment there, &c., I fully
concur in the testimony furnished by Mr. Armstrong.  I had no
examnjination, no trial, and was  discharged as arrested without
ceremony. Politically, I am a Democrat. After my return home,
I was confined to my bed with sickness for some five weeks.  My
physician, who attended me in my illness, assures me that either
the food or drink I used during my imprisonment was poisoned;
that my disease indicated the presence and action of poison. I
never saw any affidavit against me. 
Re-examination by Mr. FERRIs  Answer-I was present when the box was broken up.  When
the box was mashed by VWilliams, the Provost Marshal (William
Frash) jumped out of the window, and said:  "Gentlemen,  I
resigns mine office. I want you all to know that I resigns my
office.  I'd rather than five hundred dollars I'd had nothing to do
mit it." The Commissioner ran out of the east door for home.
THOMAS S. LONGFELLOW.
DANIEL WATSON SWORN.
Examined by Mr. HOWARID —
Answer-My name is Daniel Watson.  I am forty-two years of
of age; reside in Blackford county, and have resided there for
about twenty-five years. I have a family-a wife and seven
children. My mother and my mother-in-law also live with me.
I was arrested at Hartford City, on or about the 13th day of
.58 
59
October last-the day before the election, by Captain Stretch, and
brought to this city, where I was incarcerated in the Bastile. I
remained in prison over four weeks; was arrested on the 13th of
October, and released, without examination, trial, or ceremony, on
the 15th day of November. As to treatment, accornnmmodations,
food, &c., I concur in the testimony of Armstrong. I am a Democrat, politically, morally, religiously, and physically.
DANIEL WATSON.
JACOB CLAPPER SWORN.
Examined by Mr. FERRIs  Answer-My name is Jacob Clapper.  I am nearly forty-four
years of age; by occupation a farmer; reside in Blackford county;
resided there about twenty years; have a family-a wife and five
children.
I was arrested at Hartford City, on the day before the election, in
October last, by Captain Stretch, and brought to this city. Colonel
Steele we employed and brought along. He procured my release
on the following day after my arrival here. I was never told, and
I never asked the cause of may arrest.  I was present in the court
room at the time the box was mashed, but took no part in the ceremony. It was done by one Williams, and so instantaneously that I
do not hesitate to say it was impossible for any one to have prevented
it unless with notice beforehand of his purpose to do it. Politically,
I am a Democrat. I was not imprisoned while here. I do not
know that I was arrested upon any warrant; none was read or
stated to me.
Question by Mr. GREGORY  When Williams mashed the draft-box how was the act received
or treated by those in the court house?
Answer-The crowd then rushed out of the court house to get
out of the way. It was but a very few minutes until they were
most all out of the house.
Question by Mr. GREGORY 
60
Did you, or did you see any one attempt to prevent Williams
from mashing the box, or to arrest him afterward?
Answer-I did not; he is physically a very stropg man; not
sober at the time, in my opinion. I did see Michael Daugherty
and others try to prevent him from striking the Marshal.
Question by Mr. GREGqRY  Did you vote before you left Blackford county?
Answer-I was under bonds at'the time, and did'not leave for
Indianapolis until Thursday after my arrest. I did vote.
Question by Mr. GREGORIY  Did you, after the box was mashed, approve or disapprove of
the act?
Answer-I did neither theoone way or the other, and I heard no
one do either that I recollect.
Question by Mr. FERRIs  Did the Marshal or Commissioner request any aid of the bystanders to preserve the box?
Answer-They did not.
JACOB CLAPPER.
JOHN MILLER SWORN.
Examined by Mr. SHOAFF  Answer-My name is John Miller. I am thirty years of age;
by occupation a farmer; reside in Blackford county, and have
resided there for about thirteen years.  I have a family-a wife
and four children.  I was arrested in Hartford City on the day
before the election in October last by Captain Stretch, and brought
to this city, where I was imprisoned in the Bastile of the Post Office
Building. There I remained from the 16th of October until the
15th of November last. I was released without examination, trial,
or ceremony. As to our imprisonment, denial of examination,
accommodations, food, treatment, &c., I concur in the testimony
of Mr. Armstrong.  In politics, I am a Democrat; never voted any
other ticket, and don't thinkl I ever shall. There was no authority
or process read or shown to me at the time of my arrest, nor
charges stated against me, nox by whose authority I was arrested.
Captain Stretch was a cavalry officer in the volunteer service of
the United States.
JOHN MILLER. 
61
HENRY SNIDER SWORN.
4
Examined by Mr. FERRIS  Answer-My name is Henry Snider; I am twenty-nine years of
age; by occupation an engineer; reside in Blackford county; have
resided there for about fifteen years; I have a family-a wife and
two children.
I was arrested at Hartford City, on the day before the last October election, by Captain Stretch, and brought to this city; spent
but one night in the Bastile, and was released the following eveiing.  I asked the cause of my arrest, but was not told it; paid
my own expenses home. Politically, I am a Democrat. I asked,
at the time of my arrest, for the authority therefor, and was answered that they had none; that he had no warrant, but that he
had authority to take me to Indianapolis.
HENRY SNIDER. 
_Z SITZERLAi  COUNTr  ARR,   S S.
GEORGE H. KYLE SWORN.
Examined by Mr. BROWN   Answer-My name is George H. Kyle; aged forty-five years;
by occupation an architect; reside in Vevay, Switzerland county;
resided there for twenty-seven years; have a family-a wife and
seven children.
I was arrested at Vevay, on or about the fifth day of June last,
by a squad of eight armed soldiers, under whose immediate command I do not know, but presume by order of Captain Nicklin;
anid subsequently, per order of Nicklin, I was put on board the
steamer "Storm," after having been permitted to return home,
under guard, to change my clothing. At Vevay, through Henry
A. Denney, attorney, I made application for examination and trial;
but he returned answer to me that "there was no chance." My
house was ransacked and searched by forty or fifty armed soldiers
in my absence, as I am informed by my wife and daughter. From
Vevay I was conveyed to Louisville, Kentucky, and placed in the
miilitary prison, where I remained about seven weeks.   From others,
my friends, I learned that it was required of me by Boyle and
Dent that my release depended upon the condition that I would
give bond, and take an oath abjuring and denouncing the Democratic doctrine of State's Rights. This oath I refused to take,
though I was willing to take an oath to support the Constitution
of the United States and that of Indiana.
On the day preceding that of my release, I received a telegraphic
dispatch announcing the dangerous illness of my  son.  I then
forwarded to General Boyle this telegraphic dispatch, together with
the following note: 
63
"General BOYLE,
" MILITARY PRISON,
"LouisVille, Ky.,
"July 23, 1862.
"DI)EAR SIR:-I would respectfully say to you, that I have
been confined in this place for seven weeks without being
informed of any charges. I have been made the victim of personal prejudices of men of no character, and those who also deserve
the scorn and contempt of all honest and truly loyal men. Such
being the case, I would respectfully ask the privilege to vindicate
my character from the keeping of such men. Let my accusers
come forward and confront me, and if any man of veracity will
state that I have done any thing disloyal or detrimental to my
country, then I will accept your terms.  Until that is done, knowing my innocence, I can not accept any terms which will in future
reflect upon mysdef or family. I am willing to take the oath to
support the Constitution of the United States and of my own
State; but to acknowledge that I am guilty when I am innocent,
I can not, in consideration of' myself and that which I owe  -yv
family.
"Respectfully,
"GEORGE H. KYLE."
My release was a sort of parol, limited to the 10th of August,
in which time I was to file the bond required.  I took an oath to
support the Constitution of the United States and that of Kentucky.
I reported on the 10th of August, but was informed that they had
no use for me. If there existed any warrant or charge against me
upon which I was arrested, I have never been able to ascertain it.
I had no examination or trial, though I often demanded and insisted
upon the same.  I paid my own expenses home, as also on the
trip to and from Louisville, when I reported according to the teirms
of my parol. The food furnished in prison was such that I could
not eat it, and I therefore purchased and paid for my own provisions.  I am a Democrat.
Question by Mr. BAKER  Have you not been in the habit of expressing-yourself in opposition to the wxar?
Answer-I have been in the habit of expressing myself against
the policy of the war among my friends, but not with a view of
embarrassing the Administration in the prosecution of the war.
question by Mr. BAKER  Did you not, on a certain occasion, at your own house, in consultation with Captain Thomas T. Wright, express sympathy for 
64
the cause of the South, and say that you hoped that Beauregard
would drive General Grant, or his army, into or across the Tennessee river?
Answer-I did not. Captain Wright and myself were discussing political measures, in a friendly manner, and in that conversation I maintained the doctrine that the General Government had
no warrant, under the Constitution, for coercing a sovereign State
of this Union. In answer to me Captain Wright said, I was as
bad as any rebel in the South? for that was the doctrine they
taught; and I replied, that if entertaining the opinions I expressed
as above constituted a rebel, I was proud of being one; that I
would have my right arm cut off before I would aid the rebellion
in any way; that I was an Indianian, and had always observed its
laws, and intended to do so; but that the right to criticise the Administration I could not abandon or give up.
GEO. H. KYLE.
FRANKLIN DUFOUR SWORN.
Examined by Mr. LASSELLE  Answer-My name is Franklin Dufour; aged thirty-nine years;
by occupation a river trader; reside at Vevay; born and raised
there; have a family-wife and seven children.
I was arrested on or about the 5th of June last, at Vevay, by a
file of fifteen or twenty armed soldiers of the Thirteenth Indiana
Battery, under command of a sergeant whose name I do not know.
Captain Nicklin had command of the company. My arrest was
accompanied by volleys of insulting, coarse, and scurrilous language, and a dozen pistols pointed at me.   I was then taken to the
boat by force, which was the steamer " Storm," then lying at the
wharf, and placed on board. I demanded their authority and ithe
cause of my seizure, at the timne of my arrest, and was answered
that it was none of mny business. On board the boat I met Lieutenant Hiall, and asked of him the privilege of returning home to
change my clothes, as those I had on were wet and uncomfortable.
I was not allowed to go home.   On board the boat I again 
65
demanded, and this time of Captain Nicklin, the cause of my
arrest, or his authority for it. His answer was that he was acting
under the military authorities of Louisville. At Louisville we
were taken to the military prison, and incarcerated in a room with
some sixty other prisoners, where I remained some three or four
weeks. Our fare in prison was bad, insufficient, and unhealthy. I
was released upon giving a peace bond in the penalty of four
thousand dollars, and taking an oath with a death penalty. The
oath, I thinkl, was administered by Major Harney. I paid my own
expenses home. I never had any trial or examination, and never
knew what I was arrested for, unless it was because I am a Democrat. I have every reason to believe that Governor Morton ordered
my arrest. My impression is that I was arrested for saying that I
would vote for no man who would not, in the Legislature, favor
the return of Hlon. Jesse D. Bright to the United States Senate,
and that he had been expelled from his seat by a pack of
scoundrels.
Question by Mr. LASSELLE  What reason had you for believing that Governor Morton
ordered or was the cause of your arrest?
Answer-While we were in prison, Mrs. Kyle came on a visit to
her husband, and stated to Mr. Kyle that James H. Titus knew
who had caused. our arrest. Afterward Titus came to Louisville
and told Mr. Kyle that Oliver Ormsby, Fred. Courvoisier and
Frederick J. Waldo had pointed us out.  Others informed me that
a letter had been written from Ghent, Kentuclky, by one James
Robison, of that place, to Governor Morton, stating that certain
men in Vevay should be arrested, and that that letter was returned
by Morton, with an accompanying slip inclosed to said Ormsby,
telling him that if there were such men in Vevay to have them
arrested. This information 1 had from reliable persons.
Question by Mr. BAKEaR  State the names of the persons who gave you information of
that letter?
Answer-Charles Goldenburg was one; Julius Defour stated
that a letter had come there, but did not say where it came from.
I understand that Julius Dufour is Provost Marshal of Vevay;
and others I do not recollect.
Question by Mr. BAKER  Did Mr. Goldenburg tell you that he saw the letter?
Answer —He did not.
C. A. A.-5 
66
Question by Mr. BAKER Do you know that Governor Morton ordered your arrest?
Answer-I do not.
Question by Mr. BAKER  What language did the soldiers use to you when they arrested
you?
Answer-They denounced me as a d    d son of a b    h,
repeating the expression God d    d traitor; and cursed me all
the way to the boat.
Question by Mr. BAKER  How were you treated after going on board the boat?
Answer-We were well treated there.
Question by Mr. BAKER  Have you opposed the war to suppress the rebellion?
Answer —I have opposed the war upon Constitutional grounds.
I have said that there was no Constitutional power to coerce a
sovereign State of this Union.
Question by Mr. BAKER  Had you not said that the South ought to succeed in this
rebellion, prior to your arrest?
Answer-I don't think I did.
Question by Mr. BAKER  Have you aided the rebellion by your sympathy?
Answer-I never have, and don't think any one can aid the
rebellion by sympathy.
Question by Mr. BAKER  What did you say about the battles of the country?
Answer-I said we had got a d  -1 of a thrashing at Bull
Run and Big Bethel.
Question by Mr. BAKER  Under whose authority were you while in custody at Louisville?
Answer-General Boyle was Military Governor, Colonel Dent
was Provost Marshal, and Captain Dillard had command of the
military prison.
Question by Mr. GR.EGORaY  Before you were arrested, did you ever say to any one that the
United States could never conquer or put down the rebellion?
Answer-I have, in these words: that war was disunion-final
and inevitable; that the Union could never be restored except by
peaceable means.
Question by Mr. LASSELLE 
67
You state, in reply to Mr. Baker, that you opposed the war on
Constitutional grounds, was that opposition actively or only in
sentiment?
Answer-Only in sentiment.   I never rendered the rebellion
any aid or service to the amount of one cent. On the contrary,
I offered one dollar a-piece to a recruiting officer to get some
strong war men there to enlist in the service of the United States.
He never called upon me for any money; he never could succeed
in getting them. I gave another man a dollar to enlist, which
he accepted, but came back the next night.
Question by Mr. LASSELLE  You state that you said that we had received a thrashing at
Bull Run. Did you express any gratification over that defeat?
Answer-I did not?
FRANKLIN DEFOUR.
HENRY E. ZOOK SWORN.
Examined by Mr. LASSELLE  Answer-My name is lIenry E. Zook; aged about thirty-four
years; by occupation a cabinetmaker; reside at Louisville; but at
the time of rny arrest was a resident of Vevay, and had resided
there about fifteen months previous to my arrest. I have a familya wife and four children.
I was arrested at Vevay, on or about the fourth or fifth of June
last, by a file of about twenty or twenty-five armed soldiers, under
whose immediate command I do not know. I was taken on board
the steamer "Storm," then lying at the wharf, placed on board, and
taken to Louisville. On the boat I found that Captain Nicklin
was in command of the soldiers.  At my arrest I demanded the
authority and cause for my arrest, and was answered that it was
none of my business. I was taken to Louisville, and placed in
the military prison there. The room in which I was confined was
about forty-five feet square, and, during my imprisonment, as many
as one hundred persons were confined in that room at one time.
Of Colonel Dent I also demanded the authority and cause of my 
68
arrest and detention, and received no answer. My treatment there
was bad. I was sick, and could obtain no medicine. I have never
been able to ascertain the cause for my arrest. During my imprisonment my wife came and applied to General Boyle for my
release.  General Boyle inquired of her where  I was born, and
upon being told that I was born in Virginia, observed that it was
a disgrace for any man to be born there, and if he ever caught me
again he would hang me. I was released by Major Harney, who
administered to me the oath, and counseled me to "go home and
stop talking." I paid my own expenses home. I am a Democrat.
I was in prison about four weeks. After my release, on the day
of the election, Jessee J. Stepleton, Lieutenant-Colonel of the
Indiana Legion at Vevay, stood at the polls and commanded the
inspector not to receive my vote, and, by threatening me, prevented
me from voting, though I three times attempted to vote, and was
legally entitled to vote at that poll. I never had any examination
or trial, and never knew for what I was arrested. My family was
left destitute by my absence, and were supported by my neighbors
until my return. No warrant of arrest was ever shown or read
to me.
CROSS EXAMINED.
Question by Mr. MORGAN  How long were you in prison?
Answer-Three or four weeks.
Question by Mr. MORGAN —
What have you ever said against the Administration, or against
the prosecution of the war?
Answer-I said they would never restore the Union by fighting.
I also said that if they were agoing to make an Abolition war of
it to free the negroes, it would not be much odds if they were
whipped. I also said that I believed it would turn to that.
Question by Mr. LASSEI,LE  Did you ever afford any substantial assistance to the rebels in
any shape or form?
Answer-I did not.
Question by Mr. LASSELLE  Did you ever discourage any one from enlisting in the service of
the United States, at any time.
Answer-No, sir; I did not. 
69
Question by Mr. LASSELLEHave you any belief as to the cause of your arrest'?
Answer-No, sir; no further than being a Democrat.
Question by Mr. BAKERWere you not in the habit of talking generally against the war?
Answer-I never said any thing in favor of it.
H. E. ZOOK.
JOHN E. KILGORE SWORN.
Questioned by Mr. BROWN  Answer-My name is John E. Kilgore; aged thirty-eight years;
by occupation a farmer; reside in York township, Switzerland
county; born and raised in that county; and have a family-a
wife and seven children.
I was arrested on the fifth day of July, 1862, near midnight of
that day, at my house, by a company of armed men, some of them
claiming to be soldiers, and from thence taken to Warsaw, Kentucky, where I was placed in the county jail until the next day,
when, upon taking the oath, I was paroled for ten days, by order
of Colonel Landrum, in order that I should file my bond. At the
expiration of that time I returned, having concluded to decline
filing the required bond, and reported to Justice Spencer, who
insisted upon my compliance with the terms of my parol, but I
refused to do so and returned home.  Those who arrested me said
they had the authority for nay arrest, but I did not demand it, nor
did I ever hear or know what, if any, charges they had against me.
Politically, I am a Democrat. I never heard of the arrest of any
Republican. I was arrested on the same night and by the same
men who arrested Schrrmied and William Scott.
Question by Mr. BAKER  Did you ever say any thing, prior to your arrest, in opposition to
the war to put down the rebellion?
Answer-I did not. I never said any thing to discourage volun
teering.
Question by Mr. FERRIS  Have you had a son in the United States service.
Answer-I had a son, a post-teamster, in the army at Pittsburg
Landing.
JOHN E KILGORE. 
70
CHARLES SCHMIED SWORN.
Examined by Mr. FERRIs  Answer-My name is Charles Schmied; aged forty-six years;
by occupation a farmer; reside in York township, Switzerland
county; was born and raised in that county; have a wife and ten
children. I was arrested at my home near midnight on the 5th of
July, 1862, by a company of armed men, some of them claiming
to be soldiers.  From there I was taken in company with John E.
Kilgore and William Scott, the other prisoners, to Warsaw, Kentucky, where we were placed in jail until the next day in the evening, when we were taken out, required to give bond and take the
oath, or go to Camp Chase.  I gave bond in the sum of one thousand dollars, and took an oath to support the Constitution of the
United States and that of Indiana, and was released. I inquired
as to the charges against me, but ascertained nothing. Colonel
Landrum ordered my release. A man called Ab. Flannagan, alias
Vallandingham, was in command of the squad at my arrest. The
commander of the squad, in answer to my demand, said he had
authority therefor, but refused to show or read it to me. After our
arrest, the commander of the squad ordered his men that if one of
us made the least resistance, to shoot us; and some of the soldiers
said they wished we would resist, as they would like to shoot the
d    d dogs anyhow.  We were released without examination or
trial. I have no idea what I was arrested for, unless it was for
being a Democrat.
Question by Mr. BAKER  Did any Indiana civil officers have any thing to do with your
arrest?
Answer-Not that I know of.
Question by Mr. FERRIs  Name those whom you know were engaged in your arrest, and
their politics.
Answer-John  Keith, James  Howard, James  Munn, Moses
Carver, and others I do not remember-all claiming to be Republicans, I believe.
Question by Mr. FERRIs  Have you any sons now in the United States army?
Answer-i1 have one son in that army.
I will add to my testimony, that when I was released, Colonel 
71
Landrum read a paper to me which asserted that I had said that I
intended to sell my potatoes to the South, and some thing else I
should have said about the soldiers being d    d rogues.  I forget
whether Landrum said it was sworn to. I never said I intended
sell my potatoes to the rebels.
CHARLES S CHMIED.
CHALES GOLDENBURG SWORN.
Examined by Mr. GIVEN
Answer-My name is Charles Goldenbulg. I am fifty years of
age; by occupation a mechanic; reside at Vevay, Switzerland
county, Indiana; have resided there twenty-five years; and have a
family-Ia wife and three children.
I was arrested at Vevay, on or about the 5th of June last, by a
file of two armed soldiers, one named Dickerson, the name of the
other I do not know. They belonged to the Thirteenth Indiana
Battery.   I was taken to the Le-Clerc House, in Vevay, and
delivered over to Lieutenant Hall of that battery. I asked no
questions at the time of my arrest as to the cause for the same, for
the reason that I had heard a similar demand made in another
case and no satisfactory answer. I did not think it worth while to
ask any questions of that sort.   While  at the hotel, it was
announced to me that my wife was in the adjoining room and
desired to see me. Lieutenant Hall replied that I could not leave
the room, and if my wife wished to see me, the interview must be
in the room in which I was confined. Lieutenant Hall remained
present during the interview. After being so detained at the hotel
for a short.time, Lieutenant Hall ordered me to follow him, and I
was taken and delivered over to William Mead, Sheriff of the
county, and by himl placed in the jail. At the time of my arrest I
was a member of the Home Guard; my company was on drill that
day, and hearing of my incarceration, headed by Captain Grirard,
most of the company rushed to the jail, and protested against
my incarceration. The door, for this reason, was not locked. An
interview was then had between Lieutenant Hall and Grirard, the
result of which was, I was virtually paroled until the arrival of the 
72
mall boat, about 5 o'clock, P. M., when I went aboard the boat,
where I met Lieutenant Hall, and was then conveyed under guard
to Louisville. There I was taken to the headquarters of Colonel
Dent, Provost Marshal, and the guard reported to him the fact of
my arrest. The Provost Marshal inquired what I had been arrested
for, and the guard answered that I was brought there to find
that out.  Colonel Dent then stated that he had  no charges
against me whatever. The guard stated to him that I was a mem ber of the Home Guards, to which the Provost Marshal replied,
addressing me, " Are you a member of the Indiana Home Guards?"
Answering that I was, he said I had taken just as good an oath as
he could administer to me; but advised me to go and report to
General Boyle.  I did report at Boyle's office, and was told to go
home, which I did at my own expense.  I never saw or heard of
any warrant or charge whatever against me. Politically, I am a
Democrat, and think for that reason I was arrested.
During the confinement of four of the Vevay prisoners, Kyle,
Dufour, Zook, and McMackin, a petition, numerously signed by
citizens of Vevay, asking for the speedy examination and trial df
the men I have named, was forwarded to Governor Morton, who,
so far as I have been able to ascertain, never noticed it in way of
answer, nor have I ever neard of his attempting, in this matter,
any measure for the protection of citizens of Indiana so' kidnapped
and carried out of the State. I do not know by whose order I was
arrested, if upon any; but Rev. E. W. Burrows, pastor of the M.
E. Church at Vevay, and a Republican, in a conversation with
me, at Vevay, subsequent to my arrest, cautioned me not to
censure or blame any one in Vevay; that he had seen a letter
addressed to Governor Morton, from James Robison of Kentucky,
and by Morton returned to Vevay, accompanied wvith a slip or
note from Morton himself; that the letter stated that there were
certain individuals in Ghent and Vevay who ought to be arrested.
Mr. Robinson, who wrote this letter, had resided for a short time
at Vevay, and while there, had applied for license to retail liquor,
and, as a witness, I testified as to his bad character, and for this,
he, as I was informed, resolved upon having revenge upon mne.
Subsequently he ran away from the town, to avoid prosecution
for retailing contrary to law. 
73
CRoss EXAMINATION.
Question by Mr. GREGORY  Before you were arrested at Vevay, what had you said to some
of the citizens of Vevay about the war, and the policy of the same?
Answer-I, from principle, opposed the Svar, in conversation, on
the ground that a war could never restore the Union, and because
I did not desire a dissolution of the Union. I never talked to
soldiers upon the subject. After my arrest and release, I said of
the Emancipation Proclamation, that it made the war an  Abolition war; and I oppose the policy of that proclanmation.
CHARLIES GOLDENBURG. 
ARBITRARY ARRESTS IN DIFFERENT COUNTIES.
RICHARD D. SLATER (DEARBORN COUNTY) SWORN.
Examined by Mr. HANNA  Answer-My name is Richard D. Slater; I am going on fiftyone years of age; by occupation a cooper; reside at York township, in Dearborn county, Indiana, and have resided in Dearborn
county upward of twenty-five years.
On the day after the election, in October last, I was in Lawrenceburg, having gone there in company with a party of drafted men,
to see them off to Indianapolis. I had been in the town only about
one hour, when I was arrested by Captain David Cheek, of the
regular service, who read to me a writ, purporting to have been
issued by Colonel Rose, United States Marshal. Upon being so
arrested, I desired the liberty of returning home, in order to change
my clothing, and offered security in the sum of one hundred thousand
dollars, if he desired it, that I should meet him on the train the following morning.  This he refused to do, and I was at once placed upon
the train for Indianapolis, where we arrived that night. I was
then, in custody, taken to the Post Office Building, and delivered
over to Mr. Bigelow, Deputy United States Marshal. Afterward
in the course of the evening, I was taken to a prison-room and
locked up. The next day I was removed from that place to the
room in which Dr. Horton and Mr. Reynolds were conifined. I
remained there some thing over four weeks. I never saw any affidavits that may have been filed against me, though I was informed
that affidavits, charging me with me with discouraging enlistments,
had been filed. Upon this information derived from my counsel,
(Mr. Walpole,) I procured several affidavits, disproving the charge
alluded to.
During my imprisonment, I frequently insisted upon a trial and
examination.  Rose stated to me that I had been arrested upon a 
75
charge of discouraging enlistments; that he had no discretion in
the premises; that he had telegraphed and written to Washington
for instructions, and  was awaiting them.   I received no trial,
no examination, and when released it was in these words, as near
as I can recollect. I had been, all the time I was in prison, unwell
from a disease of the throat. Rose, addressing me, said, "Richard,
how is your throat?"  Upon answering that it was some better, he
said, "I have no more to do with you; you can go home, or stay
here, or go where you please; I have no more to do with you." I
then remarked to him that I had no trial, no opportunity to confront the witnesses against me. He replied that he had nothing
to do with that. Upon this hint I returned home, and at my own
expense.
The assertion that I had discouraged enlistments, in any instance,
is false. On the contrary, I had habitually encouraged enlistments,
by speeches and money expended for that purpose. One of my
counter affidavits, the one signed by Captain Crawford, then a
Captain, but now a Chaplain to that regiment, the Eighty-Third,
and some twenty-five others, officers and men of the regiment,
substantiated the declaration I now make, and proved my services
in aiding and encouraging enlistments.
Captain Cheek read to me the order for my arrest, and it contained instructions for him to try and procure more affidavits
against me. I am a Democrat.
Question by Mr. MORGAN  Are you opposed to the present Administration?
Answer- Yes, sir.
Question by Mr. MORGAN  What did you say in your speqch at Dover, in your county,
against the present Administration?
Answer-I believed that it was an Abolition Administration,
and so said.
Question by Mr. MORGAN —
Did you, in that speech, give the Administration hell generally?
Answer-I denounced the Administration as an Abolition Ad
ministration, as corrupt, in my estimation, in strong terms.
R. D. SLATER.
-1 
76
GEORGE M. LOZIER (DEARBORN COUNTY) SWORN.
Examined by Mr. HOWARD  Answer-My name is George M. Lozier; I am forty-eight years
of age; by occupation a farmer; reside in Dearborn county, and
have resided there nearly forty-seven years; I have a family-a
wife and six children.
I was arrested on the 15th day of August last, at my horne, by
Captain David Cheek, an officer in the regular army, and one
Henry Pierce, who tookl me first to Lawrenceburg, and afterward I
was taken to Indianapolis by a man by the name of Miller, also of the
regular service.  At Indianapolis I was taken before Governor
Morton who said that such business did not belong to his department.
I was then taken to the Post Office Building, and, as I am informed, before the Deputy United States Marshal, and released because
of the affidavit having been destitute of a seal. The affidavit is
as follows:
" STATE OF INDIANA,
"Dearborn County.
"Before me, Theodore Gazley, a Notary Public in and for said
county, on this fifteenth day of August, 1862, personally came
Albert D. Jackson, who being by me duly sworn, made oath that
he is a resident of said county of Dearborn, and that on Friday,
the eighth day of August, 1862, at said county, one George M.
Lozier, a resident of the same county, did attempt to persuade,
hinder, and prevent him, the said Albert D. Jackson, from volunteering into the service of the United States, by then and there
saying to said Jackson that the bounty and bounty money offered
by the United States to volunteers after the war was over would
not be worth that much brown paper, and was not worth much
now; and that if he had any intention of volunteering, if he, said
Jackson, would let hirnm'(said Lozier) talk with him a little while,
he would not volunteer in the service of the United States in the
present war.
"ALBERT JACKSON.
" Sworn to and subscribed before me this fifteenth day of August,
1862.
"THEODORE GAZLEY,
"Notary Public."
The affidavit is not true. Jackson afterward told me that at
Lawrenceburg he was detained some four hours and over-persuaded 
77
to file that affidavit; that at the time he (Jackson) protested that
the statements therein contained were not right; that his persuaders
threatened him (Jackson) that if he did not make the affidavit he
would be sent to Camp Morton; that he requested them to change
that portion of the affidavit that went on to state that I tried to
persuade him not to volunteer; and that he thought that was
stricken out or changed.
[The above answer, as to what Jackson told Lozier, is objected
to by Mr. MORGAN.]
My family were seriously shocked and annoyed by my arrest,
and I left them in a high state of excitement. Politically, I am a
Democrat.  Jackson, who filed the affidavit, was, in 1860, a Lincoln-man.  My information is that those who procured Jackson to
make the affidavit against me are Republicans.
G. M. LOZIER.
JOHN TATE (JENNINGS COUNTY) SWORN.
Examined by Mr. FERRIS  Answer-My name is John Tate.  I am thirty-four years o
age; by oc,upation a bricklayer; reside in North Vernon, Jennings
county, Indiana; resided there about twenty-five years; I have a
family-a w\ife and two children. I was arrested on or about the
22d day of August, 1862, at my house by Walter Lattimore,
Samuel Dixon, ex-sheriff, and         Leapper, and brought to this
city, where I was imprisoned in the Post Office Building by one of
the Deputy Marshals. I was confined there until on or about the
13th of October. Lattimore, in reply to my question as to the
cause of the arrest, said that it was for making use of "disloyal"
language.  I know of no affidavits having been filed against me.
I several times demanded an examination and trial, but received
none.  At my release, I was summoned to the Marshal's room,
where I was informed that if I would take an oath submitted to
me, I would be set at liberty. I took the obligation, which was in
these words, to-wit:
"I, John Tate, do solemnly swear that I will support, protect,
and defend the Constitution and Government of the United States
"I 
78
against all enemies, whether domestic or foreign, and that I will
bear true faith, allegiance, and loyalty to the same, any ordinance,
resolution, or law of any State, Convention, or Legislature to the
contrary notwithstanding, and support the Government in its
efforts to crush out the rebellion and restore the Union; and further, that I do this with a full determination, pledge, and purpose,
without any mental reservation or evasion whatsoever; and furthier, that I will faithfully perform all the duties which may be
required of me by law.  So help me, God.
"JOHN TATE."
" STATE OF INDIANA, 7
"MARION COUNTY.
"Subscribed and sworn to before me  this thirteenth day of
of October, 1862.
"J. S. BIGELOW,
"Notary Public."'
I understand that Mr. Bigelow, who administered this oath to
me, is Deputy United States Marshal, under Colonel Rose.
As to my treatment while in prison, I do not complain of it up
to the time the Blackford county prisoners came in. After that
the food was not fit to eat. I paid my own expenses home. I am
a Democrat.  I never to my knowledge used any language, upon
any occasion, I considered "disloyal," unless denouncing Abolitionism may be regarded "disloyal." I saw no warrant or process for
my arrest, nor heard of any, and never demanded any. I demanded
a trial on several occasions, but never obtained it. I never could
ascertain by whose authority I was arrested.
JOHN TATE.
JACOB  L. KINTNER  (HARRISON COUNTY) SWORN.
Examined by Mr. BROwN  Answer-My name is Jacob L. Kintner. I am about fifty-six
years of age; by occupation a farmer; reside in Boone township,
SEAL.
11
I 
79
Harrison county, Indiana, and have resided there over thirty-one
years; have a family-wife and four children.
I was arrested on the 25th day of October, 1861, from my residence, at midnight, by a man who called himself Moore, a resident
of Jefliersonville, and some twelve armed soldiers and four citizens;
the soldiers claiming to be Home Guards. I was taken to the
tent of Colonel Hazzard, on the Kentucky side, opposite to West
Point, on Salt river.  At the time of my  arrest, my  brother
approached Moore, at my request, for his authority for making the
arrest. Moore stated that he was chief of Secret Police, by order
of Secretary Salmon P. Chase, and exhibited a paper to that effect.
The charge upon which they alleged my arrest was that of
treason, as declared by Moore, and that I should answer to the
same in the city of Louisville. No warrant or authority authorizing said charge of treason was shown me, and the only authority
they pretended to have was the paper said Moore had as secret
police. The men who arrested me were under the command of
Moore.  From Colonel Hazzard's tent I was conducted to New
Albany, and from thence to the city of Indianapolis, accompanied
by Moore and two or three other armed men. Upon my arrival
at Indianapolis, I was placed in the custody of Lewis Jordan,
Deputy United States Marshal. Jordan informed me that the
charge upon which I had been arrested was not a bailable offense;
but that I could employ a guard to watch me, and by so doing
I could avoid going to prison. Jordan named a guard of one
man, whom I paid the sum of two dollars per day. Mr. Jordan
told me that price was customary for such service. At the end
of ten days I had a trial, before John H. Rea, Commissioner, and
was duly acquitted. The evidence against me on trial was that
of Moore only, who testified that he had heard me say, when in
Colonel Hazzard's tent, under arrest, that I had sold mules into
Kentucky. I paid nmy expenses while here and upon my return
home, amounting to three hundred dollars, which was never
refunded to me.  After my arrival in Indianapolis, Moore filed his
affidavit against me, alleging that he believed me guilty of treason, and upon that affidavit I was tried before the Commissioner.
Question by Mr. FERRIS  What is your politics?
Answer-I was a Whig.  Since that party broke up, I have
acted with the Democratic party. I am not an active partisan;
never attend conventions, simply vote. 
Question by Mr. FTRRIS  What do you say of the charge made against you? 
Antswer-It is false. I contributed freely for the relief of the
soldiers, and have given the administration a muoral support. I
neither encouraged nor discouraged enlistments.
CROSS EXAMINATION.
Question by Mr. GREGG   Was you present when your, brother made inquiry of Moore as
to the cause of y ur arrest?
Answer-I was not; and what I have stated upon that point is
upon information derived from my brother.
Question by Mr. GREGG  Did you demand of Moore his authority for your arrest?
Answer-I did. He said he was authorized to arrest nme and
take me forcibly to Louisville, to answer the charge, but showed
me no authority.
Question by Mr. BAKER  About how many mules did you sell to Mr. Graham?
Answer-I think some twentty-five or thirty mules and horses
together.
Question by Mr. BAKER  Do you know what disposition he made of the mules and horses?
Answer-I do not.
Question by Mr. BAKER  What arms did the arresting party take and carry away fromnt
your house?
Answer-Three shot guns, one rifle, and one pocket pistol.
Question by Mr. BAKER  Did you ever denounce the war as unconstitutional upon the
part of the North?
Answer-I have no recollection of denouncing the war as unconstitutional, but fully indorsed Judge Douglas' Indianapolis speech,
and declared myself in favor of the Government.
Question by Mr. BAKER  Do you know of any secret organization intended to discourage
enlistments or resist the draft?
Answer-I do not.
JACOB L. KINTNER.
80 
81
THOMAS P. COLE (YARRICK CovNTY) SWORN.
Examined by Mr. FERRIs   Answer-My name is Thomas P. Cole.  I am thirty-six years of
age; by occupation an engineer; reside at Newburg, in Warrick
county; resided there five years; have a family-a wife and four
children.
I was arrested on the twentieth of July last, at Newburg, by a
file of three armed soldiers; by whose orders I do not know. At
the time of my arrest I inquired what they wanted to do with me,
and they replied, for me to go to the hospital and they would tell
me. I think this was on Sunday morning. They took me up to
the hospital, and kept me there until between eight and nine o'clock
in the evening, when  Ewing Bethell, Dr. McGill, and Rufus
Roberts came in, and Captain Bethell demanded to know whether
I knew of Solomon Coker, A. J. Hustun, William Brownlee, and
Alex. Mefferd aiding the rebels.  I told them  I knew nothing
about it. They then threatened by saying that they had enough
against me to hang me, and if I would tell about the men I have
named, they would let me go. They detained me at the hospital
under guard until Tuesday, when they took me to Evansville and
placed me to the county jail, where I was kept about two days,
when I was taken from there by two persons-Colonel Bates, of
the Home Legion, and another said to be a Deputy United States
Marshal-to the Marion county jail, where I am now confined. I
do not know what charges have been made against me. A few
days before the raid upon Newburg, I was employed in running a
threshing machine some four or five miles back of the river; hearing
that guerrillas were in the neighborhood, that is to say, some four
miles south of where I was at work, I left for fear of them and
went to Newburg. At Newburg I informed several persons of
what I had heard over the river. I had nothing to do with the
matter. I never gave any information to the guerrillas, and do not
know of any one who did. I understand that there is an indict.
inent against me, but what it is for I do not know. I was not, so
far as I know, arrested upon any charge, or upon any warrant.
My attorney, Judge McDonald, informs me that my trial has been
continued until May.  I am  a Democrat.  I am informed and
believe that Bethell, McGill, and Roberts, above alluded to, are
Republicans. My treatment at Evansville was good enough; but
here it is "pretty rough." I sleep on a mattrass laid upon a rock
C. A. A.-6 
82
floor. My eyes have been affected since my imprisonment, but I
do not know whether it is because of my imprisonment or not.
CROss EXAMINR.D BY MR. GREGORY.
I never demanded the cauee of my arrest before the indictment
was found against me. The indictment was found a few days
after my arrival here. The Court appointed Judge McDonald to
defend me.
THIOMAS P. COLE.
THOMAS F. BETHELL (WARRICK COUNTY) SWORN.
Examined by Mr. FERRIs  Answer-My name is Thomns F. Bethell. I am forty-six years
of age. My occupation is a merchant and dealer in produce. I
reside in Newburg, Warrick county, Indiana, where I have lived
for the last thirteen years.  He, Tilman Bethell, was arrested in
November, 1861, (I can't give the day of the month,) at Newburg,
Indiana. At the time I named, a government boat arrived at the
wharf at Newburg, having on board soldiers, armed and concealed.
Some persons, in disguise, came on shore to ascertain the whereabouts of Tilman Bethell; afterward the captain commanding the
soldiers came to my store and inquired for Tilman, and I pointed
him out to the officer, when he approached him and said, you are
my prisoner, whereupon he demanded the authority of the officer
to arrest him; he was answered by the captain, my uniform is my
authority. Tilman then remarked that he had done nothing, and
would cheerfully go with him if he could get a speedy trial, and
asked the officer if he knew what the charges were alleged against
him.  The officer replied, I do not know what charges, but I am
ordered by General Crittenden to bring you to his headquarters.
Tilman and myself then went with the officer on board the boat,
the boat was loosed, and took us across the river to where my
brother Tilman's trunk was kept. The Captain then ordered a file
of soldiers to go and bring Tilman's trunk; they brought it down
and was about to break it open, when Tilman remarked he had no 
83
objection to their examining the contents of the same, and unlocked
it for them; they then examined the trunk, and not finding any
thing they seemed to be looking for, they returned it to the house
where they got it. The boat then took us to Henderson, Kentucky, where General Crittenden was then stationed, and we went
on shore, to the General's headquarters; after an examination of
the case, General Crittenden remarked that there had been false
representations made to him, and there was no cause for his arrest,
and immediately released him. I called upon the General next
mnorning, and asked for the information and from what source came
the charges upon which Tilman was arrested. He remarked that
it would not be proper to maklie the expose at that time; afterward
a letter came to my hands, written by James Root to A. L. Robinson, which had been forwarded to General Crittenden;, the letter
stated that the notorious rebel, Tilman Bethell, had just returned
from New  Orleans, and was circulating Confederate money in
Kentucky, and that he was recruiting for the Confederate Army.
I believe Tilman was arrested on these charges, which I know were
all false, without a shadow of a cause to believe the same.   Tilman Bethell is my own brother; in politics, we are both Democrats.
The Mr. James Root and A. L. Robinson, referred to above, are
both Abolitionists of the deepest dye.   I make  a distinction
between them and Republicans.  I do not know the name of the
captain who arrested my brother.
CRoss EXAMINED.
Question by Mr. BAKER  How long had your brother been bac k from New Orleans at the
time of his arrest?
Answer-About otne month.
Question by Mr. BAKER —
Where was your brother's trunk at the time it was examined,
as you have stated, or when the soldiers found it?
Answer-At a Mr. Hill's in Kentucky, a friend of my brother,
where he was in the habit of going often.
Question by Mr. BAKER  How long was your brother in custody.
Answer-About twelve hours.
Question by Mr. BAKER 
84
Were you present when the trunk was examined?
Answer-[ was standing on the boat when they examined the
trunk, I could see them on shore.
Question by Mr. BAKER  What have you heard your brother say in regard to the probability of the General Government being able to put down  the
rebellion?
Answer-I have heard him say, that with his acquaintance with
the people of the South, it was his opinion they could never be
subdued.
Question by Mr. BAKER  Was Governor Powell present at the conversation you have
related with General Crittenden, and if so, what remarks he made
about the arrest?
Answer-The Governor expressed his surprise that Government
officers would arrest loyal men like my brother, he closed the
remark that he thought the General would give him a favorable
hearing.
Question by Mr. BAKER  Where does your brother now live?
Answer-He lives in Newburg.
T. F. BETHELL.
Subscribed and sworn to before me, this 12th day of February,
1862.
ED. P. FERRIS,
Acting Clhairman.
JOHN W. HURST (WARRICK COUNTY) SWORN.
Questioned by Mr. LASSELLE  Answer-My name is John W. Hurst.  I am  thirty-nine years
of age; by occupation a house carpenter; reside at Newburg,
Warrick county; have resided there over a year. I am a man of
family-a wife and five children, dependent on me for their support. I was arrested at Newburg on the night of the 18th of July
last. I was arrested by order of Colonel Foster, as I understood, 
85
who, at the time of my arrest, upon a demand for the cause of my
arrest, stated that he would let me know when I got to Evans ville. In taking me down on the wharf-boat on the way to Evans ville, repeating the question, Foster added "I am told tfiat you
[meaning this affiant] crossed t'ie river with the rebels to-day."
At Evansville I was placed in the county jail. This was on Fri day night, and on the following Thursday I was brought to this
city, and placed in prison here in the Marion county jail, where I
have been confined ever since.  Neither at the time of my arrest,
nor since, I have ever seen or heard of any warrant against me,
nor did I demand any, though I did demand of Colonel Bates, on
the way here, and after arrival here of the Deputy Marshal, an
examination and trial. I have had none. My attorney, Mr. Colley, informs me that there is a bill of indictment against me, but
nothing to sustain it.  I am informed that Mr. Hanna, United
States District Attorney, admits that he has no evidence to sustain
the charge against me. The charge that I "crossed the river with
the rebels that day," or that I had any thing to do with the rebels,
or knew of their coming, is false. When I was arrested, I was,
with other citizens of Newburg, engaged in doing'guard duty for
the protection of the peace against further outrage.  I was armed
by Mr. Zaven HIazen, who gave out the arms to the citizens. I
was called by Lewis Robinson and requested to give up my gun
by Colonel Foster, who, when I gave it up, informed me that he
would take care of me also. My request, at my arrest, for the
privilege of going hon)e to change my clothes, was denied me, and
I was carried away without an opportunity of seeing my family.
Politically, I am a Democrat. I think Robinson, who aided in my
arrest, is a Republican. I have been sick most of the time since I
have been here.
Question by Mr. MORGAN  Has the Grand Jury of the United States District Court found
a bill of indictment against you?
Answer-My attorney has informed me so.
Question by AMr. SHOAFF  What is the politics of Mr. Hazen, who furnished you with the
musket to go upon guard? and his standing as a man of character?
Answer —He is a Republican; his character is good.
J. W. HURST. 
86 
JAMES C. BAIRD (POSLY COUNTY) SWORN.
Examined by Mr. FERRIS  Answer-My name is James C. Baird. I am about forty years
of age, by occupation a farmer and trader; reside at Mount
Vernon, Posey county, Indiana; resided there over fourteen years.
I have a family-a wife and five children.
I was arrested, at Mount Vernon, about the 21st of January
last, at night, by four men belonging to the Fifth Cavalry, cornm
manded by Captain Sea, armed with revolvers. At my arrest,
demanding the authority therefor, I was answered that it was
none of my business, and I was struck and kicked. They then
cursed me, charging that I had threatened some of the soldiers
with a load of buckshot for stealing my turkeys.  I was taken to
Camp Graham, to Captain Sea, who said he was responsible for
my  arrest.  After  having  been  taken from there  to Captain
Ammon's quarters, I was returned to Captain Sea, who told me
that if I would take the oath I would be released. I inquired of
him what that oath amounted to, and whether it included Lincoln's abolition proclamation. He answered that it did. This
I declined doing. He then ordered irie to be tied, which was
done: Having been unwell that day, I had eaten neither dinner
nor supper, and asking him for some thing to eat, which he denied
me. I was compelled that night, a frosty night, to sleep on a pile
of straw under a wing or fly of the tent.  He refused me  any
covering, though that was afterward furnished me by another
soldier, who, inquiring of Captain Sea who I was, was answered
that I was a "Butternut."   Remarking  that I would " freeze
that way" the soldier gave me blankets to cover me, and one of
the guards loaned me an overcoat. The next morning my wrists
were untied, and I was furnished with breakfast.  After breakfast
Captain Sea again approached me as to taking the oath; and for
the same reason I again declined. I was then taken on horseback
on the road to Newburg; but returning to obtain my  money,
which was in the hands of Captain Sea, again I was asked to
take the oath, including the aboli'on proclamation, which I toolk,
and was released.  This was about ten o'clock the next day after
my arrest. Politically, I am a Democrat. I demanded an examination and trial of Captain Sea, who told me I could not have
If 
87
it.  I was also denied any communication, by message or otherwise, outside of the camps; and while I was under confinement,
a file of soldiers returned and searched my house during my
absence, as my wife subsequently informed me.
JAMES C. BAIRD.
JAMES S. MILLS (PosEY COUNTY) SWORN.
Examined by Mr. GIVEN  Answer-My name is James S. Mills. I am fifty-eight years of
age; by occupation a farmer; reside about six miles from Mount
Vernon, Posey county, Indiana; have resided in that neighborhood
over forty years; have a family-a wife and ten children..
I was arrested at home, on the 31st day of January last, at
night, by a file of four armed soldiers. On the day preceding the
evening of my arrest, two men, in citizen's dress, who afterward, as
soldiers, aided in my arrest, came to my house and commenced in
conversation the subject of politics.  They denounced the Administration and its Abolition policy, and elicited from me similar observations; remained at my house, took dinner with me, and left.
These same men, and two others, were the arresting party. Being
so arrested, my arms were tied behind me, and I was conveyed to
the camp near Mount Vernon, some six mtles from my home, and
there taken to the quarters of Captain Ammon; there I remained
for a short time, when I was taken to the Commissary's Department
and remained there until the next morning. My step-son, (John
A. Bell,) was also arrested with me, and accompanied me. The
next morning, upon the order of Captain Ammon, myself and
step-son were taken down to the hospital, which was in the Methodist Church, where my step-son remained three days, and myself
six days. I was released upon giving bond and taking an oath to
support the Constitution of the United States and that of Indiana;
support the Administration of Mr. Lincoln, and not to speak disrespectfully of the President. Bell, my step-son, was released upon
taking an oath. When I was arrested, on demanding the authority 
88
for my arrest, I was answered that I would have to go to camp and
see whether they had any authority or not.
Question by Mr. BROWN  What is your politics?
Answer-I am a Democrat.
Question by Mr. FERRIS  What was your treatment while in custody?
Answer-Except being tied, and refusing me the privilege of any
communication with my friends, I do not complain of it.
Question by Mr. BAKEr,  What expression did you make to the two men who took dinner
with you in reference to President Lincoln?
Answer-I said it was a pity that Mr. Lincoln's head had not
been taken off, and this difficulty would not have occurred. I also
said that his Emancipation Proclamation had strengthened the
South and divided the North.
Question by Mr. BAKER  Had you not, prior to your arrest, on several occasions said some
thing to discourage enlistments?
Answer-I did not, only to my son, to whom I said, "let those
volunteer who want to."  I had but one son who was old enough.
I have three sons-in-law in the army.
Question by Mr. GREGG  Who administered that oath to you?
Answer-Captain Ammon. 
Question by Mr. GREGG  Had he any other office than that of Captain?
Answer-I do not know.
JAMES S. MILLS.
CALVIN JONES (SPENCER COUNTY) SWORN.
Examined by Mr. LASSELLE.
Answer-My name is Calvin Jones. I am forty-one years of
age; reside at Rockport, in Spencer county, Indiana; resided in
that county for about thirty-five years; my occupation is that of
publishing a newspaper,  "The Rockport Democrat."  I have a
family-a wife and six children. 
89
On or about the night of the 28th of January last, after I had
left the office and gone home, a file of soldiers, as I am informed
and believe, from Captain Leason's company of cavalry, placed an
armed picket, or guard, around my office. A portion of them then
passed up stairs into my office, where they demolished or destroyed nay cases, type and furniture, except the press, which was
situated in the back part of the room.   The door was broken open
with an axe.  Upon my return to the office, a short time after the
soldiers left, I found the office in the condition stated. I had the
county officers to examine and appraise the damage, which they
estimated at five hundred dollars, which, in my judgment, was
below the actual loss.  In corroboration of what I have stated,
as to the persons who  destroyed my office, I will add, that I
have seen a letter from Captain Lease to Colonel Crooks, of the
Home Legion, in which Lease, admits that some of his soldiers
were concerned in the mob, and deprecates their action in the
premises.  My information as to the persons concerned in the mob,
and the manner in which the workl was  effected, I obtain from
information from others, as I was not present at the time. The
impression is universal, and not disputed in Rockport, that the
soldiers did it.  The paper I publish, as its name indicates, is
Democratic, and I am  a Democrat.
Question by Mr. BAKER  Did you ever publish any thing in favor of the rebellion? or
discouraging enlistmnents?
Answer-Not that I know of?
CALVIN JONES.
SAMUEL LOGSDON (SPENCCR COUNTY) SWORN.
Questioned by Mr. FERRIS  Answer-My name is Samuel Logsdorit.  I am over forty-two
years of age; by occupation a merchant; reside at Taylorsport, in
Spencer county, Indiana; have resided in that county twenty-seven
years; have a family —wife and five children.
I was  arrested about the 1st of January last, at Eureka, in
Spencer county, by a Sergeant Major, and an armed force of eight 
90
or ten soldiers of the Fifth Cavalry.  Don't know his name.   In
reply to my demand for the ground of my arrest, he said that it
was for "treasonable conversation."  I was from there taken to
"Camp Newburg," before Colonel Graham, who said to me that
the Sergeant-Major was authorized to arrest citizens; and the
next morning, upon taking an oath in substance to support the
Constitution of the United States and that of Inidiana, I was
released. I was then, and still am, a member of the Home
Legion. I am a Douglas Democrat. No warrant or authority
for my arrest was shown me.
Question by Mr. BAKER  What was the substance of the conversation for which  you
were arrested?
Answer-In  controversy with  a citizen  named  Waters, he
(Waters) said that the editor of the Cincinnati Enquvirer was a
traitor, and ithat any man who read the paper was also a traitor;
and that Mr. Buchannan should have been shot.   To  which,
among other things, I replied that Lincoln out to be shot for his
proclamation.
Question by Mr. BAKER  State, if you know, what the soldiers who arrested you were
engaged at while in your neighborhood?
Answer-They were gathering up soldiers who had left their
regiments.
SAMUEL LOGSDON.
WILLIAM McHENRY (PADUCAHI, KENTUCKY) SWORN.
Examined by Mr. SHOAFF  Answer-My name is William  McHenry.  I am  twenty-six
years of age; by occupation a steamboat-man; reside at Paducah,
Kentucky; but generally on the river. I
I was arrested at Evansville, Indiana, on the thirtieth of September last, by a file of six of the provost guard, who took me to the
Provost Marshal, who said to the guard, "I don't know any thing
about him; I have nothin against him; I will have to send him 
91
to jail," which was done. I lay in prison there some two weeks,
when I was taljen out, and an affidavit was then filed against me.
The affidavit alleged, in substance, that in the fall of 1861 the
steamer "Samuel Orr" was lying at the wharf, at Paducah, when
the rebels made a raid on the boat to take possession of her; that
at the order of White Fowler, who was at the head of the rebels,
I attempted to loose the boat from her moorings; that I (this
affiant) was shot twice by a rebel while attempting to do so; that
from said wounds I was confined in the Marine Hospital at Paducah. This affidavit was made by one James HIughes. After my
appearance at the Provost Marshal's office, I was returned to the
jail, and subsequently, on the Thtirsday following, brought to this
prison, where I have been since and am now confined. Mr. Colley,
my attorney, informs me that there is no bill of indictment filed
against me. In the confusion, which existed on the boat at the
time she was taken, I did not know who called to me to loose the
boat, and never thought of aiding the rebels in doing so. The
name of the rebel who fired upon me is George Alderson. I was
in the service of the General Government, on transports, after the
steamer difficulty for some months, conveying soldiers up the Tennessee river. I have never aided the rebels by word or deed. I
never saw any warrant for my arrest, and never heard of any.
Question by Mr. MORGAN       *    *    A.    *                        *    *    *    *
I did not loose the line of the boat; they backed her and parted
the line.
WILLIAM McHENRY.
HENRY HAUB (GIBSON COUNTY) SWORN.
Question by Mr. BROWN  State your age, residence, and occupation.
Answer-I amrn a resident of Haubstadt, Gibson county, Indiana.
My age is fifty-two years; am a merchant.
Question by Mr. BROwN  State what you know about any arbitrary arrest made in the
State of Indiana. 
92
Answer-I know of none except my own. I can not tell the
day of the month when I was arrested, but it was some time in
the month of February, 1862; was arrested by the Marshal of the
City of Evansville and five other men, and taken to Evansville;
was arrested at my home.  The officer that arrested me had a
warrant from James Blythe, commanding officer of the Indiana
Legion.  I was charged with breaking up a company of volunteers of one Captain Geolser, who was raising a company of the
First Indiana Regiment. I had before this raised a company of
Home  Guards myself, and was elected captain.  I helped  Mr.
Garvin, a member of the present Legislature, also raise a company for the Sixty-Third Regiment. I have given my support to
the Government in all respects, and upon all occasions, in the
prosecution of the war. I am a Democrat. Captain Geolser is a
Republican. I had a trial the next day after my arrest, and it was
ascertained that the evidence was all rumor, and I was released.
O  being arrested, I gave bond in the sum of five thousand dollars
for my appearance.
Question by Mr. MORGAN  WVas you ever imprisoned?
Answer-I was not.
Question by Mr. MORGAN  How long were you in custody?
Answer-From four o'clock in the afternoon until eleven o'clock
the next day.
Question by Mr. MORGAN  Who do you think caused the arrest?
Answer-I think a letter of Captain Goelser to Philip Culp was
the cause of the arrest, and Geolser stated on oath that he believed
I was as loyal a man as he was himself, and that he regretted that
any thing of the kind had occurred.
HENRY HAUB.
AMOS GREEN (PARIs, ILLINOIS,) SWORN.
Examined by Mr. HANNA  Answer-My  name is Amos Green; aged thirty-six years; by
profession an attorney at law, and reside at Paris, Illinois.
On the 8tlh day of August, 1862, I came to Terre Haute, in 
93
this State, on business. While there, I was arrested by Samuel
Conner, sheriff of Vigo county, assisted by a man named George
H. Purdy, who said he was a constable, and had a company in
camp, near Terre Haute. I demanded their authority-told them
that if they had a writ from any court of competent authority, I
was ready and willing to submit, but was not willing to submit
without they had legal authority to make it. They showed me a
telegraphic dispatch, purporting to be from Paris, and dated that
8th of August. It was about in these words: "Arrest Amos
Green for treason, and have him at the train to go east." It was
signed I). L. Philips, by John J. Logan. That was the only authority they showed me. I told sheriff Conner that Logan was an
irresponsible man; held no office that I knew of; that he was a
personal enemy of mine, in consequence of my being retained as
counsel to assist in prosecuting him upon two indictments for
felony. Purdy then remarked, that he knew that Logan was a
" d    d thief."  I protested against their taking me into custody
upon that authority, and told them I would hold them responsible.
They arrested me and, at my request, took me to the office of Mr.
Voorhees. There Mr. Voorhees prepared a petition for me for a writ
of habeas corpus, which Judge Claypool granted upon an inspection of the petition. The case came on for hearing. Sheriff Conner made his return to the writ, setting up as his authority for my
arrest and detention, the telegraphic dispatch that I have before
described. Judge Claypool expressed the opinion that the dispatch
constituted no legal authority for the arrest and detention, and the
cause was informally laid over until the Tuesday following, and I
was discharged upon my promise that I would attend on the Tuesday following, or at an earlier period, if required by the court.
About one hour and a half after I had been so discharged, I was
again arrested by Sheriff Conner. That time he showed me no
dispatch or authority whatever; said hle was requested to take me
over to Paris upon a special train. I refused to go until I con
sulted with my counsel, claiming that I was technically in the
custody of the court. Sheriff Conner then accomrnpanied rne to
the Stewart House.  I sent for Mr. Voorhees, one of my counsel,
who met me there. After consulting with him in regard to what I
had better do, whether to submit under protest or to resist, lihe
advised me that I had better submit under protest against its legality,
as they had a regiment of soldiers in camp, near the city, and
resistance would, perhaps, only involve us in trouble. I was taken 
94
by Conner on the 11:20 train, going west, on the Terre Haute, Alton,
and St. Louis Railroad.  Wvhen the train got to Sanford station,
on the State line, and stopped, David L. Philips, Marshal for the
Southern District of Illinois, and two deputies, came on board the
train.  I was delivered to them by Sheriff Conner.  I demanded of
Marshal Philips his authority for arresting me. He told me he did
it "by order of the President, backed by six hundred thousand
bayonets." I refused to submit to the arrest unless he showed
some legal authority or process authorizing it; told him of the proceedings before Judge Claypool upon habeas corpus. He said
that he had orders to arrest any Judge who granted a writ, or discharged any State prisoner upon the return of a writ of habeas
corpus. He then showed me a General Order of Secretary Stanton, which then assumed to suspend the writ of habeas corpus, and
authorized the United States Marshals to arrest all persons who
might be guilty of disloyal practices, or discouraging enlistments.
I was taken by the Marshal and his deputies to Springfield, Illinois.
They refused to permit me to stop at Paris, on our road, to see my
family, or to procure necessary clothing to take with me.
We arrived at Springfield on the ninth of August, where I was
permitted, under military guard, to remain at a private boarding
house by paying my own board. I was compelled to pay my own
board or be sent to Camp Butler.  I preferred the former.  While
at Springfield I was given to understand by the United States
Marshal that any attempt to procure my release by habeas corpus,
or employ counsel, would be regarded as an aggravation of the
offense.  I requested the Marshal and his deputies to inform me
what the offense was with which I was charged. Their answers
were evasive and indefinite.
I was attacked with flux while detained there, and on Wednes
day following they started with me for Washington City.  I protested against their taking me until I recovered sufficiently to be
able to travel; but I was told that I would have to go, and that I
could travel in a sleeping car at night. When we reached Washinp,ton City, in consequence of my being sick, and through the kindness of Isaac Keys, Deputy Marshal, I was allowed to go to Willard's
Hotel until I could call upon the authorities to try and obtain my
discharge. In company with lIon. John P. Usher, then Assistant
Secretary of the Interior, and who was my personal friend, I went
to the War Department to ascertain the nature and character of
the charge on which I had been arrested. Stanton was not in, but 
95
we saw Mr. Watson, the Assistant Secretary of War. We'inquired of him upon what charges I had been arrested.  He said
they were not in the habit of disclosing the nature of such charges;
said "he would not'at that time discharge his grandfather;" but
finally told us the whole matter of arrests was referred to the Judge
Advocate General, who could summon a Military Board to try the
case, or inquire into it himself. The next morning Mr. Usher and
myself called at the office of Major L. C. Turner, Judge Advocate,
and upon a statement of the case made to him by Mr. Usher, he
said he would discharge me if I would give a bond in the sum of
five thousand dollars. I gave the bond, and was thereupon discharged. No specific charges of any kind were shown me, nor
could I learn what the nature of them were except through Mr.
Isaac Keys, one of the Deputy Marshals who took me to Washington, who told me the principle charge was, "that I was  the
author of an article published in the Democratic Standard, under
the caption, I Can a Continllannce of the War Restore the Union;'
and which article assumned that war was not a rightful remedy for
existing troubles, and that the Union could only be restored and
perpetuated by an amicable and honorable compromise of existing
differences."'  A  copy of the paper containing the article, I was
informed, had been filed with the Secretary of War, and an order
made for my arrest. I had to pay my board and expenses while
detained in Washington City, and my fare home.
Question by Mr. HANNA  State how long you have known John Logan, upon whose
dispatch you were arrested?
Answer-I have known him about six years.
Question by Mr. HANNA  Do you know his character, in the neighborhood where he resides,
for truth and veracity?
Answer-I do.
Question by Mr. HANNA  Is it good or bad?
Answer-It is notoriously bad.   His testimony is considered
prejudicial to any case in which he is examined before a jury of
the county where he is known.
Question by Mr. HANNA  State whether he has not several times been indicted for felony?
Answer-He has been indicted for felony three times to my 
96
knowledge, and four or five times for misdemeanors, some of them
for malfeasance in office. Two of the indictments were pending
against himrn at the time he sent the dispatch, gnd has since forfeited
his recognizances and left the county.
AMOS GREEN.
WILLIAM H. STEWART (VIGO COUNTY) SWORN.
Question by Mr. HANNA  State your name, age, occupation and place of residence.
Answer-My name is Wm. H. Stewart, my present occupation
Mayor of the city of Terre Haute, my age forty-three years, and
my residence the city of Terre Haute, Indiana.
Question by Mr. HANNA  State whether you are acquainted with John J. Logan, of Paris,
Illinois.
Answer-I am.
Question by Mr. HANNA
How long have you known him?
Answer-Ten or fifteen years, and probably longer.
Question by Mr. HANNA  What is Logan's character for truth and veracity?
Answer- His character, in these respects, is uncommoniy bad.
Question by Mr. HANNA  What do you know of him that makes him bad?
Answer-I have kinown him for several years to be in the habit
of kidnapping or arresting men, without law or warrant, and carrying them from one State to another.
Question by Mr. HANNA —  What was his object in making such arrests?
Answer-He was acting in the character of a constable or policeman, and generally made such arrests on the suspicion that the
parties might be fugitives from justice, by whose delivery hlie might
make a fee or obtain a reward.
Question by Mir. HANNA  What else do you know of him that is bad?
Answer-Nothing except from general report, that he was frequently uinder arrest or indictment for the above description of acts
and others. 
97
Question by Mr. HANNA   Are you acquainted with Amos Green, of Paris, Edgar county,
Illinois?
Answer-I am.
Question by Mr. HANNA   What is Mr. Green's character and reputation as a citizen and
loyal man?
Answer-I have known Mr. Green for three or four years, and
never knew, or heard any thing of him, but what was creditable to
him as a loyal man and honorable citizen, fulfilling all the duties
of life in the most exact and scrupulous manner.
Question by Mr. HANNA   Do you know any thing of the causes and circumstances of Mr.
Green's arrest in the city of Terre Haute, in August, 1862, and, if
so, state what you know.
Answer-About the 8th day of August, 1862, I was at the
depot, in Terre Haute, when the train from Paris, Illinois, arrived,
and was informed by some persons coming over in the train that
Amos Green was aboard, and was leaving the country, and that
there was a dispatch sent to Terre Haute from Paris to have
him arrested. Soon after that the Sheriff of Vigo, or his deputy,
showed me the dispatch referred to, and which, it appeared, was
signed J. J. Logan, of Paris, Illinois. Soon after I saw Green in
the Sheriff's custody, by whom he was taken before Judge Claypool, of the Circuit Court, by whom, I understood, he was discharged on his own recognizances.  Afterward I knew nothing
personally of the circumstances, except through hearsay, which did
not differ from the facts as generally admitted and understood in
Terre Haute, in regard to his arrest and re-arrest.
W. H. STEWART.
CALI,LUM H. BAILEY (VIGO COUNTY) SWORN.
Questioned by Mr. HANNA  State your name, age, occupation, and place of residence.
Answer-My name is Callum H. Bailey; mny age forty-nine
years; am at present Recorder of Vigo county, Indiana, and my
residence Terre Haute, Indiana.
Question by Mr. HANNA  State whether you are acquainted with John J. Logan, of Paris,,
Edgar county, Illinois?
C. A. A.-7 
98
Answer-I am.
Question by Mr. HANNA  How long have you known him?
Answer-About twenty years, probably longer.
Question by Mr. HANNA  State whether you are acquainted with his character for truth
and veracity.
Answer-I have not known him for the last four or five years as
intimately as formerly; but when I did know him, I deemed him a
man of very doubtful reputation, and rather a bad character, and
think him so still.
Question by Mr. HANNA  Are you acquainted with Amos Green, of Paris, Edgar county,
Illinois?
Answer-I am.
Question by Mr. HANNA  What is his reputation as a loyal and good citizen?
Answer-From six or seven years' acquaintance with him, I
regard him, in all the relations of life, as one of the most upright
and exemplary citizens I have ever known, and believe him to be a
good and loyal citizen.
Question by Mr. HANNA  Do you know any thing of his arrest, and the attendant circumstances, in the city of Terre Haute, Indiana, in August, 1862;
and, if so, please state what you know?
Answer-I saw and conversed with him in August, 1862, when
arrested by, and in the possession of, Samuel Conner, Sheriff of
Vigo county, as I understood at the time, in consequence of a
telegraphic dispatch from John J. Logan to the Sheriff of Vigo,
charging the said Green with the crime of treason. The dispatch,
which I saw and read at the time, was signed by John J. Logan,
of Paris, Illinois, for and on behalf of some other person, whose
name I can not now remember.  He was subsequently virtually
released from said arrest on a writ of habeas corpus by the Hon.
Solomon Claypool, Judge of the Vigo Circuit Court, who released
him on his own recognizances.
Question by Mr. HANNA
Was he afterward re-arrested by Sheriff Conner?
Answer-I so understood by common report, but did not see
Mr. Green after his first arrest until his return from Washington
City.
C. H. BAILEY. 
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BURWVELL H. CORNWELL (VIGO CouNTY) SWORN.
Questioned by Mr. HANNA   State your name, age, occupation, and place of residence.
Answer-My name is Burwell H. Cornwell; am forty-four years
of age; am at present in no business, having recently sold out my
hardware store; and am a resident of the city of Terre Haute,
Vigo county, Indiana.
Question by  Mr. HANNA   State if you are acquainted with John J. Logan, of Paris, Illinois.
Answer-I am not, except by reputation and common report.
Question by Mr. HANNA   Are you acquainted with Amos Green, of Paris, Edgar county,
Illinois?
Answer-I am.
Question by Mr. HANNA  What is Mr. Green's character and reputation as a loyal man
and citizen?
Answer-I have known Mr. Green two or three years, and
regard him as a gentleman and good citizen, loyal to the Constitution and the Government, and perfectly reliable in all the relations
of life.
Question by Mr. HANNA  Do you know any thing of Mr. Green's arrest, and the attendant
circumstances, in August, 1862, by Samuel Conner, Sheriff of
Vigo county?
Answer-I arrived at the clerk's office a minute or so after his
trial, and can only say that Mr. Bailey's statement, as read to me,
is fully corroborated by all I heard or saw of the matter.
B. H. CORNWELL.
WILLIAM D. LATSHAW (PARIS, ILLINOIS,) SWORN
Examined by Mr. HANNA —
Answer-My name is William D. Latshaw; aged fifty-three
years; reside at Paris, Illinois.  I am clerk of the Circuit Court
of Edgar county, Illinois.
Question by Mr. HANNA  State what you know of the arrest of Amos Green, Esq., and
the circumstances under which it was made? 
100
Answer-About the 8th day of August, 1862, I visited Terre
Haute, in conjunction with Mr. Green and Mr. O'Hair, the sheriff
of Edgar county, Illinois, for the purpose of transacting business.
I was with Mr. Green when he was arrested, and confirm the
statements he has made to this Committee concerning his arrest;
and I stayed with Mr. Green the most of the time that he was
detained in Terre Haute by the officers having him in charge.
Question by Mr. HANNA  State, Mr. Latshaw, whether you are acquainted with the
character of John Logan, upon whose dispatch Mr. Green was
arrested?
Answer-I have known John Logan for about twelve years.
His character is very bad. From my knowledge of the people of
Edgar county, I believe a large majority of the people regard him
as a bad and dangerous man.  There is on file now in my office
several indictments against him, and others pending on change of
venue in the Douglas Circuit Court.  I know that his testimony
has been discredited and ignored by juries of our court.
Question by Mr. HANNA  State how long have you personally known Amos Green, Esq.,
and what his character is among his neighbors, as a gentleman and
law abiding citizen?
Answer-I have known Mr. Green for about seven years.  His
character is that of a high-toned and honorable gentleman, and his
fidelity to the laws of his country is unimpeached and unimpeachable.
WM. D. LATSHAW.
SOLOMON CLAYPOOL (VIGO COUNTY) SWORN.
Examined by Mr. BROWN  Answer-My name is Solomon Claypool; age thirty-four years;
and reside at Terre Haute, Indiana. About the 8th of August last,
a Mr. Green, of Paris, Illinois, made application to me as Judge
of the Vigo Circuit Court, for a writ of habeas corpus, alleging,
among other things, that Samuel Conner, Sheriff of Vigo county,
was unlawfully restraining him of his liberty. I granted the writ,
and when said sheriff made his return, he returned as his authority
for arresting and holding said Green, a telegraphic dispatch, to 
101
which was affixed the name of the United States Marshal of
Illinois, by one Logan, which dispatch directed the arrest of said
Green, for disloyal practices, or some thing to that effect. Upon
the hearing of the cause, I informed the parties that there was no
reason for the restraint of Green, and that if a decision was
pressed, I should' make an order discharging him. It was suggested that the matter should be delayed without any decision
until further intelligence could be received from Illinois, which
was assented to, and agreed upon by the parties, and Green was
released from custody upon the agreement that he would report
himself at a time appointed, or sooner if required. I was informed
on the same day that Green was before me, after being discharged
as aforesaid, he (Green) was arrested by the aforesaid sheriff, and
taken to Illinois. His case was not again taken up before me.
Question by Mr. LASSELLE  Were there any other grounds or authority for the arrest of
Green, in his case tried by you, than those above mentioned?
Answer-There was none.
Question  by Mr. LASSELLE  Are you acquainted with the general moral character of this
Logan mentioned above; and if so, what is it?
Answer-There was a Logan who resided two or three years
ago at Terre Haute, and acted, for a while, as police or night
watch, whom I knew, and whose general moral character I knew,
and that it was very bad.  He left Terre Haute, leaving behind
him that kind of a reputation: and upon the day that Green was
before me as above stated, I was informed, and it was the common
understanding of those who were present at the trial, that he, the
the last mentioned Logan, was the same person whose name was
affixed to said telegraphic dispatch.
SOLOMON CLAYPOOL.
WILLIAM B. McLEAN (VANDERBURG COUNTY) SWORN.
Examined by Mr. GIvEN-           -
Answer-My name is William B. McLean; aged forty-one
years; occupation a clerk in a dry goods establishment; residence
at Evansville, Vanderburg county, Indiana; and have resided
there over four years. I have a family-a wife and five children. 
102
I was first induced to come to this city by James E. Blythe,
General of the Indiana Legion, who, in consideration of vague
rumors circulating against my loyalty, advised me to come here
and go before Governor Morton, in order to have an examination,
Blythe pledged himself, that if I would come he would accompany
me; take me to Governor Morton, and secure forme an immediate
examination and trial.  Upon our arrival, Blythe left me for the
purpose, as he asserted, of seeing Governor Morton and procuring
for me the promised examination. Up to this period there had
been no charges, affidavit, or complaint beyond the mere rumors
I have alluded to, made against me, that I know or ever heard of.
When Blythe returned he was accompanied by Colonel King, of
the Nineteenth Regulars. After introducing Colonel King to me,
we all three went to Colonel King's room in the Bates House.
At his room Colonel King said to General Blythe-" Well, General
Blythe, I suppose this is the man I am to take charge of?"
Blythe replied that I was.   This was on the 26th day of September, 1861. King then placed me in charge of two Lieutenants, to
deliver me to Lieutenant Andrews, officer of the guard that day.
I was then taken to the house of the Sheriff of Marion county, and
handed over to the custody of Lieutenant Andrews, where I
remained two days, when I was removed to a room in the Marion
Court House, where I was kept in confinement for six weeks, under
guard of *le of soldiers.  I repeatedly demanded an examination
and trial of the officers of the day on guard, but failed to obtain
any, and was summarily released; Lieutenant Gilbert stating to
me that he understood that I was a member of the  "Home
Guard," and that I was willing to take the oath of allegience, and
and that if so I would be released upon taking that oath.  This I
declined doing? asserting my purpose to try the efficacy of a suit of
habeas corpus for my release. The guard was then discharged, and
I was left unguarded and no longer a prisoner, when, voluntarily,
I visited a justice's office and took the oath. I never saw or heard
of any affidavit, or charges against me. There never was any to
the best of my knowledge and belief. Politically, I was an oldline Whig, and up to the time of my arrest had never voted a
Democratic ticket as such, though I may have voted for individual
Democrats for county officers. General Blythe furnished me with
a railroad ticket home. During the period of my confinement the
letters I wrote my wife and those I received from her were open or
opened to the perusal of Colonel King,~ and it was only on this 
103
condition that I was allowed to send or receive letters from her.
I was also forbidden, by an officer of the guard, to have the use of
any reading matter, newspaper, &c.
Question by Mr. LASSELLE  Did you ever demand, or learn from any source, the cause for
your arrest?
Answer-I did demand but never learned.
Question by Mr. LASSELLE  Was any warrant of arrest ever read or stated to you in this case?
Answer-There never was at any time.
Question by Mr. GREGORY  State what excitement, if any, was created at Evansville, against
you before your arrest, and state as near as you can, the cause of
that excitement?
Answer-It was reported in Evansville, by one Robert Early and
others, that I was a traitor, and engaged in affording aid and
comfort to the Southern Confederacy, by furnishing information to
said Confederacy, and against the Government of the United
States. Whereupon I was credibly informed that the said Early
arid others were attempting to incite a mob to do me some great
bodily harm, and perhaps take my life. In consideration of this
excitement, said Blythe and Baker advised and induced me to go
to Indianapolis as I have heretofore stated. These rumors against
me were unqualifiedly false, and had been investigated by Colonel
Jones, Attorney General of Indiana, and General Blythe, and by
them pronounced groundless, prior to my arrest or comning here.
Question by Mr. GREGORY  State before the time you were arrested if you did not send a
pistol to some one in Kentucky, who was in sympathy with the
rebellion?
Answer-I did not.
question by Mr. GREGORY  Did you, prior to your arrest, send a pistol to Kentucky to any
one?
Answer-I did, to a cousin of mine, with the written permit by
Mr. A. I,. Robinson, Surveyor of the Port, at Evansville.
Question by Mr. FERRIS  Who is this man Early, and what is his politics?
Answer-He is the Deputy Sheriff of Vanderburg county, and
a Republican-a violent political partisan.
W. B. McLEAN. 
104
CHARLES E. FREEMAN (TIPPECANOE COUNTY) SWORN.
Examined by Mr. LASSELLE   State your name, age, residence, and occupation.
Answer-My name is Charles E. Freeman; aged thirty-eight
years; reside at Lafayette, Indiana. I am a hotel keeper and a
railroad ticket agent.
Question by Mr. LASSELLE   State if you were concerned in making arrests of persons, during
last summer, in this State?
Answer-I was, as Deputy United States Marshal, appointed by
D. G. Rose.
Question by Mr. LASSELLE  State the names of the persons you arrested; their residence;
when and where you arrested them?
Answer-Jacob HIushaw, who resided four or five miles below Attica, in Fountain county. I arrested him at his house, on his farm.
Also Samuel Stotsenberger, in Rob-Roy, in the same county, who
resided there at that time. Stotsenberger is now dead. Another I
arrested about three miles from Lafayette, in Tippecanoe county.
I do not recollect his name. I do not know where he resides.
Also another was handed over to me, and I brought him to this
city, who said he had been in Price's army, in Missouri; and another I had arrested here by the name of E. Lamson, who went by
the name of Ed. Seville, who was reported to me, by the Provost
Marshal of Louisville, as having cut the telegraph wire between
Louisville and Nashville, though it turned out afterward that he
was not the man.
Question by Mr. LASSELLE  Had you any written authority for the arrest of these men, or
any of them?
Answer-I arrested Jacob Hushaw upon a letter from D. G.
Rose, United States Marshal, by Bigelow, his deputy, ordering me
to do so. The others that I arrested were arrested upon affidavits
filed with me by persons, and when I handed over the prisoners to
the Marshal, I also handed over the affidavits.
Question by Mr. FERRIs  Was you regularly appointed Deputy Marshal, and if so, how
appointed; and were you ever sworn as such officer?
Answer-My appointment was in these words, to-wit: 
105
"UNITED STATES MARSHAL'S OFFIcE,
"Indianapolis, Indiana, August 14, 1862.
"Mr. CHARLES E. FREEMAN:
"SIR:-You are hereby appointed a Special Deputy United
States Marshal, to act unfler the orders of. Secretary Stanton,
issued on the 8th day of August, 1862.
" D. G. ROSE,
"Unit ed States -Ilarshat."
"In addition to the above, I hereby appoint C. E. Freeman
Assistant Provost Marshal for the State of Indiana.
"D. G. ROSE,
"Provost Marshlal for Indiana."
I have no positive recollection of having been sworn under this
appointment, as I received it by letter.
The arrest of Seville was on a telegraphic order from General
Boyle, of Louisville.
question by Mr. FERRIS  State what was the tenor of the affidavits upon which you made
the arrests?
Answer-Treasonable acts and treasonable language.
Question by Mr. FERRIS  What do you mean by treasonable acts and language?
Answer-I mean as I should construe it, the people saying any
thing to try to demoralize our Government, calling our Government
a d    d old black Abolition Administration; that any one who
would enlist to go and fight to free the negro was no better than a
d    d negro himself.
Question by Mr. LASSELLE  State by whom these affidavits were handed to you to make the
arrests upon.
Answer-A sbidier handed me one, but I don't recollect his
name. I think one was handed to me by William R. Ellis, clerk
of the Court of Tippecanoe county, before whom it was sworn to.
One was handed to me by a lawyer in Attica, and the other by
whom I do not remember.
Question by Mr. FERRIS -
How came you to make tliese arrests merely upon affidavits
without any warrant? 
106
Answer-I considered it my duty to do so by virtue of my
appointment.
Question by Mr. FERRIs  Did any of these affidavits charge upon those you arrested with
any overt act of treason?   I
Answer-They did not, to my recollection.
Question by Mr. FERRIs  WVere you armed when you made these arrests?
Answer-Except in one instance I was.
Question by Mr. FERRIs  What disposition did you make of the prisoners when you had
effected an arrest?
Answer-Some two or three I lodged in jail for safe keeping
until the train came, when I brought them to this city to Marshal
Rose.
Question by Mr. MORGAN  Had you legal authority for all these arrests?
Answer-I had, sir.
Question by Mr. LASSELLE  You state in the above answer that you had legal authority for
making these arrests. Now state whether you had any other
authority than that hereinbefore mentioned?
Answer-The  affidavits and  the appointment from  Marshal
Rose was all.
C. E. FREEMAN.
HARRIS REYNOLDS (FOUNTAIN COUNTY) SWORN.
Examined by Mr. FERRIs  Answer-My name is Harris Reynolds; aged forty-two years;
reside at Jacksonville, in Fountain county; by occupation a farmer
and stock trader; have a family of four minor children dependent
upon me for support.
On or about the first of October last, a file of about forty armed
soldiers, under the command of Lieutenant-Colonel James McManomy, formed a line in front df my house and searched the
premises in quest of me. Having had notice of their coming I 
107
was not at my house at the time, though I saw them in file End
while searching my house, PA guard was stationed and continued
around my house for three days when I gave myself up to the
arrest. I learned from Lieutenant-Colonel McManomy that his
authority for my arrest was an order from Colonel H. B. Carrington so to do. I was then taken by Lieutenant-Colonel McManomy
to Indianapolis, and there delivered into the custody of Colonel
D. G. Rose, who conducted me to a room in the Post Office Building, where I was locked in. I remained there for over twenty days.
During my imprisonment at Indianapolis, Colonel Rose exhibited to me an affidavit filed by one R. C. Wilson, (as I remember,)
in which it was alleged that in a Democratic speech I had made at
Jacksonville, in September last, I had said that before a draft
should be enforced in my township I would see every spear of grass
in my township dripping ill blood rather than to submit to it; that
I had been instructed by several citizens of my township to call a
meeting at that place for the following Monday, for the purpose of
taking into consideration whether we should go into it as an organized body or every fellow for himself; that all citizens, both Democrats and Republicans, were invited to attend the meeting. This
is about the substance, as near as I can remember, of Wilson's affidavit, and I here pronounce it unqualifiedly false, and have now the
affidavits of a number of the best citizens of the neighborhood of
Jacksonville, who heard the speech I did make, directly contradictintg the sworn statements of this man Wilson.
His affidavit was the only basis of charges against me that ever
came to my knowledge. I often demanded a trial of Colonel Rose,
who answered me that he had no authority for giving me a trial;
that he had caused my arrest under an order of the War Department,
and that he had no discretion in the case, except to report me to the
War Department. Having been drafted under the draft order, and
while I was yet in prison, a proposition was first made to mne that
if I would go into the service as a soldier for twelve months, I should
be released. This I declined, when a second proposition was made
to me to furnish a substitute in lieu of my draft; this proposition
also I hesitated to accept, on the ground, and so alleged, that I was
innocent of the charge upon which I had been arrested, and that I
was entitled to a trial and aequital, and that my having been
drafted had nothing to do with my arrest.  It was then further intimated that if I did not accept this last proposition, I would be
forced into the service and denied the privilege of employing a 
108
substitute. Under such circumstances I employed the substitute
and was discharged from custody.
I never learned of any other charge or accusation against me than
this to which I have alluded. No legal process or warrant in the
matter ever came to my knowledge, nor was any examination or
trial ever had to my knowledge.  The charge against me was without foundation and false.
The propositions to which I have r'eferred came to me through
my frieand Joseph E. McDonald, Esq., from Governor O. P. Morton,
as said McDonald informed me, and as I believe.
H. REYNOLDS.
NEWTON M. BOWEN (RusH COUNTY) SWORN.
Examined by Mr. BROwN   Answer-My name is Newton M. Bowen; aged thirty-four
years; reside in Ripley township, Rush county, Indiana, and by
occupation a farmer.
I was arrested at my residence on or about the tenth of August
last, by one George Dilley and twelve others, among whom  was
Charles Allison, two brothers Thomas, George Kinder, Frederick
Blessinger, Robert Woods, another Allison, and others I do not
remember. Upon my arrest Dilley said to me that he had heard
that I was a disunion man, and desired me to go with him to a
Justice of the Peace and take the oath of allegiance, and  we
started, as I suppose, for the office of Richard Phelps, a Justice of
the Peace. After we had gone a short distance they said they
would take me to Knightstown, and directed their course for that
place. At Knightstown they took me before a Justice of the
Peace, who declined having any thing to do with the matter, alleging that he had no jurisdiction in the case. I was then placed in
the calaboose for a couple of hours, when I was brought to Indianapolis by John Bell, David Cole, John Porter, Abraham Weaver,
Charles Allison, and a man by the name of White. At Indianapolis I was placed in the custody of D. Garland Rose, United 
109
States Marshal, who inquired of Porter and his men for what I
had been arrested, when Porter answered that he did not exactly
recollect what I had said; but that some four months previously
he had heard me say, in substance, that I would stand up for Jeff.
Davis while I had blood running in my veins, and run down Lincoln's Administration while I had breath in my body. Weaver
stated that a few days previously he had heard me maliciously
denounce Lincoln and his Administration. I attempted to correct the
statement of Weaver, when Marshal Rose ordered me to sit down
and shut my mouth. After this Weaver whispered the remainder of
his charges against me to Deputy Marshal Bigelow, who took down
the statements in writing, and I was not allowed to hear them. I
asked Colonel Rose if the gentlemen who were making their statements against me were sworn, and he answered no, that they were
not, but that it made no difference whether they were sworn or not.
I was then placed in the Bastile room of the Post Office Building, and lockled up until evening, when I was placed in another
room below, where I remained from eight to eleven days in confinernent.
At Knightstown and at Indianapolis, both, I demanded examination and trial, but was allowed neither.  After the period of confinement mentioned above, Deputy Marshal Bigelow came into
my room and told me to get ready-that he would take me to Washington City to Judge Advocate Turner; and that evening I was
placed upon the train for that destination. When we had reached
within about forty miles of Baltimore, I leaped off the cars, while
the train was in motion, and made my escape.
Question by Mr. BROwN  Where did you go after you leaped off the cars, and what did
you do?
Answer-I went to Baltimore and worked awhile in a machine
shop as a turner, and afterward worked in another machine shop,
making patterns for castings. Subsequently I worked in Merrill's
gun factory, Merrill being engaged in manufacturing guns for the
Government.
Question by Mr. BROWN  Has any attempt been made to arrest you since you came home?
Answer-No, sir.
Question by Mr. BROwN  Was any sworn charges ever made against you? 
110
Answer-No; not to my knowledge. The only charges were
those made to Colonel Rose, as I have stated.
Question by Mr. BROWN  Did you ever do any thing to discourage enlistments?
Answer-I did not.
Question by Mr. BROWN  Did you ever do any thing to encourage enlistments?
Answer-I have never attempted to get recruits; but have advised persons to volunteer, and given money to soldiers who had
volunteered; and have taken my horse and buggy and conveyed
soldiers some ten miles to their place of rendezvous.
Question by Mr. BROWN  Were the statements that you heard made to Colonel Rose
against you, true or false?
Answer-They were false.
NEWTON M. BOWEN.
HOBBS D. BOWEN (RUSH COUNTY) SWORN.
Examined by Mr. FERRIs   Answer-My name is Hobbs D. Bowen; aged sixty-five years;
by occupation a farmer; reside in Rush county, and have resided
there some twenty years. My son, Newton M. Bowen, was
arrested on or about the 14th day of August, at my residence in
Rush county, by Captain George Dilley, aided by Charles Allison,
Frederick Blessinger, Lon. Allison, Robert Woods, jr., Washington
Dongan, and Henry Kinder. These are all whose names I now
remember. but there were others, as the arresting party consisted
of fourteen men. The arrest was made about daylight of the day
I have mentioned. At his arrest, Dilley stated to him that he
(Dilley) had the authority of his superior officer for arresting him,
and that they wanted my son Newton to go to Carthage in said
county, and take the oath. He was then taken to Knightstown;
from there to the United States Post Office Prison in Indianapolis,
and was afterward placed in transit for Washington City. Upon
his arrest, I)illey said they were arresting him for treasonable conversation. He remained in prison in Indianapolis seven or eight 
l111
days before he was started for Washington City.  Through his
attorney, Newton made application while at Indianapolis for
examination and trial, but never succeeded in obtaining either.
After my son Newton was taken away from Indianapolis, I had
an interview with Colonel Rose; and in answer to my inquiry as
to whither he had conveyed my son, Colonel Rose answered that
that was a secret, and refused to let me know, though he said he
had "treated Newton better than Newton had treated him." I
afterward learned that Newton had escaped from the custody of
Marshal Rose, who had him in his custody on his way to Washington. My son is politically a Democrat. No warrant of arrest
was either shown or read to my son at the time of his arrest. So
far as I know, he was always loyal to the Constitution and Government of the United States and to the Constitution of this
State; nor did he ever discourage enlistments to my knowledge.
Question by Mr. MORGAN  Did your son ever have a trial?
Answer-Not to my knowledge.
HOBBS G. BOWEN.
CHARLES H. CONSTABLE (CLARK COUNTY, ILLINOIS,)
SWORN.
Questioned by Mr. HANNA  Please state your name, age, place of residence, and ccupation.
Answer-Charles H. Constable; age forty-five; place of residence
Marshall, Clark county, Illinois. I am at present the Judge of the
Fourth Judicial Circuit of the State of Illinois.
Question by Mr. HANNA  State whether, within the past fewa weeks, you have been placed
under arrest; if so, when; by whom; under what state of circumstances, and all about it.
Answer —I was, on the twelfth day of March, A. D. 1863, while
engaged in holding the March Term of the Circuit Court, in and
for the county of Clark, and State of Illinois, arrested by Colonel
Henry B. Carrington, of the Eighteenth United States Infantry, 
112
comrnmanding, as I was informed, at Indianapolis, in the State of
Indiana. Colonel Carrington represented himself as acting in
pursuance of an order issued to him by General Wright, com manding the Military Division, designated as being
and comprising the States of Ohio, Indiana, &c.  I was arrested
about the hour of eleven o'clock, A. M., just as I stepped down
from the judge's seat, in the court house, at Marshall, Clark
county, Illinois, immediately after ordering a recess of the court
for dinner. The circumstances under which I was arrested I understand to be as follows:-On Sunday morning, being the eighth day
of March, I received a note, at my house, from Robert L. Dulaney, Esq., an attorney, requesting my presence at the court house,.
and stating that some arrests had been made in the county, and
it was desired to test the legality of them before me; these, in
substance, were the contents of the note. I immediately complied with Mr. Dulaney's request, and, on reaching the court house,
learned that my presence was expected at the office of Silas
Whitehead, Esq., Police Justice of the Peace of the town of
Marshall. I went to Esquire Whitehead's office, where Mr.
Dulaney came to me, and stating that it had been proposed to sue
out a writ of habeas corpus from before me, but that the men
(I did not then understand fully who) had been arrested on warrant sued out from before Esquire Whitehead, and that, if I would
consent to let the return be made before me as Judge of the
Circuit Court, and would hear the case as an examining court
upon such return, it would save trouble and time necessary to get
out a writ of habeas corpus. I consented, as Mr. Dulaney was
the counsel for the prisoners and seemed anxious that I should,
and stated that as soon as the witnesses could be subpenaed, and
the defendants were ready, I would go to the court house and
proceed in the trial.  Shortly afterward, on being informedthatthe
parties were all ready, I took my seat as judge in said cause, whene
Andrew J. Smith, Esq., sheriff of the county of Clark, in the State
of Illinois, made return of a capias, purporting to be issued by
Silas Whitehead, Esq., Police Magistrate, as I have stated, on the
complaint of Elizabeth Gannon, and charging, as I recollect, that
John McFarland had been guilty of kidnapping one James Gannon, and commanding his arrest on such charge or complaint.
The capias was returned as executed, by arresting and bringing
into court the said John McFarland. Said sheriff also filed an
affidavit, showing the arrest by him, on view of one Thontas Long 
113
on the same charge of kidnapping, he having found him acting
with and aiding and abetting said John McFarland. The people
of the State of Illinois were represented on said trial by James
R. Cunningham, Esq., States' Attorney for the Fourth Judicial
Circuit of the State of Illinois, comprising the county of Clark.
And the said John McFarland and Thomas Long were in court,
and assisted by Robert L. Dulaney, Esq., in making their defence.
The parties, on the part of each, expressed their readiness to proceed with the examination, whereupon James Gannon, Elizabeth
Gannon, Hugh Scott, John B. King, and perhaps other witnesses,
were sworn and examined on the part of the prosecution. It was
proven on the part of the people, &c., that John McFarland and
Thomas Long, the prisoners, had on the evening of the seventh of
March, 1863, arrested, at the town of Livingston, in Clark county,
Illinois, James Gannon, saying to him that they intended to take
him to Terre Haute, Indiana, and that thence they would takehim to Indianapolis in said State-that they claimed that he was
a deserter from the army of the United States, and that they were
authorized to arrest him as such deserter, and take him to headquarters, which they stated were at Indianapolis, Indiana. It was
further proven that said Gannon had enlisted some time in the
fall of 1862, in the One Hundred and Thirtieth Regiment of Illinois
Volunteers, that he belonged to Company K of said Regiment,
commanded by Captain Jacob W. Wilkin. That in January,
1863, the regiment was quartered at or near Memphis, Tennessee.
That Gannon, and four others of said regiment, being in ill health,
had gone out into the city of Memphis on the ninth day of January,
and when in the outskirts of the city, about three-quarters of a
mile from camp, but within the pickets of the army, they were
set upon by a force of about fifty men, part of Colonel Richardson's command in the army of the so-called Confederate States of
America, and captured; that their arms and most of their clothing
were taken from them, and they were taken about eighteen miles
from Memphis to what was represented as being the headquarters
of Colonel Richardson; that on the tenth of January they were
paroled by Colonel Richardson, and Gannon's parole was produced
and submitted in evidence, it being stated that the others captured
with him had a like parole. That they were then sent under guard
to Jeff. Thompson's command in Arkansas or Missouri, crossing
the river below Memphis at Coles' Point. That by Jeff. Thompson
they were sent under guard up the river, and were crossed over
C. A. A.-8
4k 
114
from Missouri to Illinois, about sixteen or eighteen miles above
Cairo; that they then went to the railroad and passed over it to
Olney, Illinois, whence they had made their way on foot to their
homes; that Gannon's home was near Livingston, Clark county,
Illinois. That he was sick when he got home-and had been sick
ever since; that he had not reported his capture and parole to any
camp or station of the army. This I recollect as the substance of
the proof relied upon and made on the part of the prosecution.
On the part of the defense, and as furnishing authority to the
prisoners for their conduct in arresting Gannon, were produced
what purported to be the copies of three military orders, made at
the headquarters of the military, at Indianapolis, Indiana. The
first, as I recollect, was made by Captain Farquhar, commanding
at Indianapolis, authorizing'Captain Lindsey, of the Fourteenth
Regiment Indiana Volunteers, to proceed to the town of Terre
Haute, and to seize all property belonging to the United States,
and to arrest all deserters from regiments belonging to the army of
the United States.  On the back of this order, written in a miserable hand, and for what purpose did not appear, was the name of
Captain Lindsey and his regiment, &c. The second was an order
issued by the Governor of the State of Indiana, as I think, and signed
by Laz. Noble, Adjutant-General of the State of Indiana, dated
at Indianapolis, detailing John McFarland, a sergeant in some
Indiana regiment, to proceed to Terre Haute, in the county of
Vigo, and State of Indiana, and to arrest all deserters which he
should find in said county of Vigo, and the surrounding counties
of the State of Indiana, and directing him report, with persons
arrested, to Colonel Simonson, at Indianapolis.  The third was a
similar order, except in not being by order of the Governor, detailing Thomas Long to proceed to Terre Haute, in the county of
Vigo, and to arrest all deserters which he might find in said county
of Vigo, or any of the surrounding counties in the State of Indiana,
and to report with them to the officer commanding at Indianapolis.
This was signed by Laz. Noble, Adjutant-General of the State
of. Indiana, as I remember. These orders are all described from
memory, and are substantially set out, as I believe. The defense
also introduced some printed orders, purporting to be orders pub lished by the War Department at Washington, treating of deser tion and deserters, and some railroad passes issued to said McFar land and Long. 
115
This was substantially all the evidence adduced before me, both
on the part of the people, &c., or prisoners.
It was insisted by the States' Attorney that the evidence brought
the case within the provision of section 56, of chapter 5, of the
Statutes of the State of Illinois, entitled Criminal Law, which is
in the words and figures following:
"Every person who shall forcibly steal, take, or arrest any man,
woman, or child, whether white, black, or'colored, in this State,
and carry him or her into another country, State, or territory, or
who shall forcibly take or arrest any person or persons whatsoever,
with a design to take him or her out of the State, without having
established a claim according to the laws of the United States,
shall, upon conviction, be deemed  guilty of kidnapping.  Every
person found guilty of kidnapping, shall be confined in the penitentiary for a term of not less than one year, and not more than
seven years, for each person kidnapped or attempted to be kidnapped."
The defense claimed that the evidence showed that the prisoners,
under the law in such cases governing, had authority to arrest de serters wherever found, and that the arrest of Gannon, in Clark
county, Illinois, by them was legal, and that they should be dis charged.  After fully considering the matter, I, in discharge of
what I believed to be my duty, held the prisoners to answer further
to said charge before the Clark Circuit Court, on Thursday, the
twelfth day of March, being the tenth judicial day of the March
Term, A. D. 1863, of said Circuit Court. The prisoners entered
into a recognizance, and were discharged for the time, &e.
Regarding that my opinion and adjudication in the premises,
had vacated any arrest that had been made by the prisoners, on
being informed that three other men were held under the same
asserted authority as Gannon, after my decision made, I advised
that they had better be discharged by their guard, whoever they
might be, and, as I am informed, they were so released from custody.
On Monday, being the seventh judicial day of the term, I made
an order of court directing the Sheriff of Clark county to summon
and return, at nine o'clock on Thursday morning, the tenth judicial
day of the term, a Grand Jury to inquire into the facts alleged
against McFarland and Long. This order was executed by the
sheriff by summoning and returning, as a special Grand Jury in
and for the body of Clark county, &c., twenty-three men. The 
116
return was made on the tenth day of the term, as directed, and, by
my order, the jury were, on the opening of the court, at nine o'clock,
A. M., sworn and charged, and were out considering of their presentment, when I was arrested.  The arrest, of course, stopped all
action on my part. I had ino right to call in the jury and discharge
them, nor could I adjourn the court sine die, they being still in consultation, and the term legally not expiring until twelve o'clock on
the night of the following Saturday.
The circumstances of my arrest not before stated are, that a
military force of from one hundred and eighty to two hundred
men or more, under command of Colonel Carrington, were, "with
all the pride and circumstance of war," marched into Marshall,
where I was holding court, as I have stated, and appeared around
the public square, several of the officers coming into the court
room and remaining during the morning session. I think Colonel
Carrington and some of his officers were present w\hen the Grand
Jury were sworn and charged.  The soldiers were not marched
into town until afterward, as I recollect, say some minutes before
ten o'clock. There was no violence, except in the presence of
armed troops, evidently brought there for the purpose of overawing
the citizens of Illinois, proroguing the court, preventing its action
in the case of McFarland and Long, and arresting me, the judge
of such court, and carrying me out of my own State, into one to
which I owed no allegiance, and to whose jurisdiction I was in no
manner amenable.
The object was attained.  I was brought, under and by virtue
of my arrest, to Indianapolis, in the State of Indiana, where I am
still held in durance at this date. I have been casually informed
that I am to answer to the charge of harboring and protecting
deserters, or some thing of that nature, but when or how I am to
be disposed of has not yet been made apparent to me. I was con fined in my room at the Bates House, and to the house until
Thursday morning, the 19th of March, when, through the kindness
and courtesy of (now) General Carrington, which has been uniform
and uninterrupted from the time of my arrest, I was paroled within
the limits of the city of Indianapolis, under which parol I am now
held.
CHARLES HI. CONSTABLE. 
117
ROBERT S. SPROULE (RusH COUNTY) SWORN.
Examined by Mr. HANNA  Answer-My name is Robert S. Sproule; am editor and publisher of the Rushville Jacksonian; and reside at Rushville, Rush
county, Indiana. On or about the tenth day of September last,
Lewis B. Offutt, a resident of the State of Kentucky, and at that
time sojourning as a guest and visitor with his brother, Sabert S.
Offutt, an old and respected citizen of Rush county, was arrested,
as I am informed and believe, at the Fair Grounds in said county
of Rush, by one H. B. Frisbie, who, as I learn, was formerly a
telegraph operator in Kentucky; and, on the next day, Michael M.
Cassidy was similarly arrested at the residence of his brother in
said county of Rush. Said Michael M. Cassidy had formerly been
a resident of Rushville, practiced law there for several years, and
was also an acting Justice of the Peace-a gentleman of irreproachable character. At the time of his arrest, he was sojourning
with his brother as a visitor, though his home was in the State of
Kentucky.
As attorney for Lewis B. Offutt, I had an interview with said
Frisbie, at which Frisbie exhibited an order from Major General
Lewis Wallace, and so signed by him, the said Wallace, who was
then in command at the city of Cincinnati, assuming to authorize
him, the said Frisbie, to arrest all persons "suspected of disloyal
practices." This order from General Wallace was dated on the
eighth day of September, and subsequent to, and in violation of,
the following order of the War Department:
" WAR DEPARTMENT, WASHINGTON,
" September 7, 1862.
Instructions to  United  States Marshals, Military  Commandants,
Provost Marshals, Police Officers, Sheriffs, Ac.
The quota of volunteers, and enrollment of militia, having been
completed in the several States, the necessity for stringent enforcement of the orders of the War Department, in respect to volunteering, and drafting, no longer exists.   Arrests for violation of
these orders, and for disloyal practices, will hereafter be made only
upon my express warrant, or by the direction of the Military Commander or Governor of the State in which such arrests may be
made, and restrictions imposed by those orders are rescinded.
L. C. TURNER,
Judge Advocate." 
118
Frisbie claimed to be a Captain in the United States Army, aind
was accompanied by one Henry Nesbett, who was, or pretended to
be, a Deputy United States Marshal of the District of Kentucky.
For the release of Offutt I procured the issue of a writ of habeas
corpus, which, after service, was withdrawn in order to avoid its
resistance by force threatened by Frisbie. Hearing of the arrest of
Mr. Cassidy? I called to see him where he was guarded by one
Alonzo Swain, but was refused permission to talk to him by said
Swain, who alleged that he had orders to that effect from Frisbie.
Cassidy and Offutt were both conveyed away fromn Rushville
under guard, and, as I subsequently understood, were taken to Cincinnati. As attorney for Offutt, I demanded the charges against
him, and was answered by Nesbett that he would swear he was
disloyal, but alleged no act of disloyalty.
I saw and conversed with both Cassidy and Offutt, after their
release from imprisonment. From both I learned that during their
confinement the atempt was made by the satraps of the Administration to procure testimony against them, but failing in this they
were finally released without examination and without trial, never
having known or heard of any just cause for their arrest and
imprisonment.
ROBERT S. SPROULE.
JOHN R. MITCHELL (RusH COUNTY) SWORN.
Examined by Mr. BROWN  Answer-My name is John  R. Mitchell; reside at Rushville,
Indiana; am a Justice of the Peace and an attorney.
On or about the eleventh day of September, 1862, one H. G.
Frisbie came to me and handed me a written instrument in these
words, as near as I can recollect:
I 
119
eptember 11, 1862.
"Mr. JOHN R. MITCHELL,
"Provost Marshal, Rush Covnty:
"You are commanded to arrest Michael M. Cassidy and deliver
"LEW. WALLACE,
"Major- General.
"IL D. FRISBIE,
"Deputy,"
And requested me to make the arrest of said Cassidy.   Upon
this order I proceeded to the place where he was then sojourning
and made the arrest, delivering said Cassidy over to said Frisbie,
who took said Cassidy and another prisoner named Offutt, away
in a carriage in the direction of Greensburg. I furnished a conveyance for the same upon the following order:
"JOHN R. MITCHELL,
"Provost Marshal:
" GREENSBURG, Ind., 11, 1862.
" Will provide or procure transportation to carry two prisoners
and four guards from Rushville to Greensburg.
"By order of 
"LEW. W ALLACE,
"Major- General.
"H. D. FRISBIE,
"Deputy."
Captain Benjamin F. Denning accompanied me to make the
arrest of Mr. Cassidy.   The above orders composed all the authority I had or know of for making the arrest. I did not regard this
order as legal authority for such an arrest. I do not know what it
requires to constitute military authority for such an arrest.
:Frisbie had with him an order purporting to be that of General
Lew. Wallace, under which he claimed to be acting. I saw the
paper, which, according to my impression, now authorized him to
arrrest all disloyal persons, or persons suspected of disloyalty, and
signed with the name of Levw. Wallace.
Mr. Cassidy, since several years previously, had resided at
Rushville, there practiced law and was also a Justice of the Peace.
During this time his character, so far as I know, or ever heard, was
that of a good citizen, and a moral, upright gentleman.
Question by Mr. BaowN 
120
You are a lawyer and a Justice of the Peace, and of course
know what constitutes cause for arrest. Now did you as a lawyer
and a sworn conservator of law, at the time of making this arrest,
feel yourself justified in doing the same in view of your sworn
obligations as a lawyer and a Justice of the Peace?
Answer-I do not believe it was good cause for arrest under our
statute; but what constitutes a good cause of arrest by military
authority I do not know.
Question by Mr. BROwN-         -
Was not General Wallace, at the date of this arrest, in command at the city of Cincinnati, and did you not know that he had
no jurisdiction, in any respect or for any purpose, over the soil of
Indiana?
Answer-I believe Wallace was in command at Cincinnati at
the time. I know nothing of the extent of his jurisdiction.
Question by Mr. BROWN  Did you not know that there was no such office or officer as
Deputy Major General?
Answer-I never thought any thing about it at the time of the
arrest. My understanding now is that there is no such office or
officer.
Question by Mr. BROWN  Then you admit that in making the arrest you did so without
legal or military authority, and that the "'order," so termed, was a
sham, and you had no right whatever to make said arrest?
Answer-My impression now is that the arrest was unauthorized,
though I did not think so at the time, and I acted in good faith.
Question by Mr. BROWN  What is your politics?
Answer-I have been a Republican.
JOHN R. MITCHELL. 
MINORITY REPORT
OF THE
C 0 M M I T T E -vi
ON
-X     i — bY  — AR R3 ST  S.  
MIrNRIT a   RE-RT._
The Minority of the Committee on Arbitrary Arrests beg leave
to make the following report, accompanied with the evidence and
Majority Report of said Committee, together with the resolutions
of this House on that subject, passed by a strict party vote.
We respectfully dissent from the Majority Report of said Committee, nor can we agree with them in admitting, for one moment,
that the arrests complained of in this State were arbitrary, unjust,
and illegal, or that they were subversive of the Constitution of the
United States or of this State, or dangerous to the liberties of the
people; but, upon the contrary, they were strictly made for the
protection of the Government-to sustain the rights and privileges
of the true and loyal citizens of the nation, and to aid those in
authority in crushing out the rebellion and restoring the Union.
As a matter of history, it is well known to the American people
that President Lincoln, in the strict line of his constitutional duty,
some time last fall published an order in relation to those disloyal
practices which were calculated to weaken the arm of the Government and give aid and comfort to the enemy.
Every reading and thinking man well knows the condition of
the country at the time that order was published. Our enemies
(the rebels) outnumbered us in the field; our army for the restoration of the Union had been greatly thinned by disease and death.
We had been virtually repulsed in the seven days' fight before
Richmond; we had met with disaster in Kentucky and at other
points, and General Buell was after General Bragg's rebel army.
The free States were threatened by the invading rebel foe-every
thing looked dark and gloomy; for a time the people were in awful
suspense as to the fate of the nation and the safety of the heroic
band of Union soldiers, who were battling against disease and the
armed rebels of the country. 
124
At this time a quick and bold move had to be made by the Com mander-in-Chief of the nation, or all would be lost, and that soon
-the soldiers in the field would perish with the overthrow of the
Government. President Lincoln, with an honest purpose to fulfill
his duty, and his whole constitutional duty to the country under
his solemn oath of office, as President of the United States, came
at once to the rescue by calling out three hundred thousand addi tional troops; and hearing the low mutterings of treason and of
treasonable acts and conduct by those who were disloyal to their
Governmient in many of the loyal States North, he sent forth his
order, alluded to, to hush for ever, if possible, that treason which
was fast'sapping the verv vitals and life's blood of the nation.
The President did nothing but his duty under the Constitution.
Had he acted differently, he would have been reereant to his high
trusts; and had he failed to adopt proper measures for the saving
of the soldiers then in the field, and had they perished by his
neglect and the Union lost, mankind would have pronounced him
even worse than a Buchanan-a fit associate of the  traitors
Arnold, Burr and Jeff. Davis. He did his duty, and loyal men had
nothing to fear, as his orders making the arrests and the suspending
of the writ of habeas corpus were not intended for them.  The
loyal are just a safe as they ever were in times of the most profound peace, having a clear conscience, sleep soundly, being at no
time in danger unless at the hands of the enemies of the country.
Had all in the free States been of this class, and had loyalty been
universal over the land, no such orders would have been necessary.
But these orders and proclamations of the President are terrible
things to traitors, and those who speak and sympathize with them.
The God of Heaven and the Constitution of the United States
never gave any citizen the right to say, do, and speak whatever he
pleased, without reference to whether it was right or wrong.  That
Constitution protects the right and punishes the wrong. A man
may say all he pleases of his neighbor or his Government, provided
he pleases to. This is,the light in which the immortal Jackson
and the great Democratic party of the country viewed.this subject
in years past.
General Jackson, being a Major General, subordinate to the
President of the United States, after he fought his great battle at
New Orleans, made some arbitrary arrests of Louisiana legislators,
and among the rest a certain Judge Hall, of the United States
Court, some for publications used toward himself as commander, 
125
and against Judge Ilall for issuing a writ of habeas corpus for the
release of a certain legislator, whom General Jackson had ordered
to be arrested under military law; whereupon General Jackson
ordered immediately the arrest of Judge Hall for his judicial act,
in issuing the writ of habeas corpus, and he was accordingly
arrested. Soon peace was declared with Great Britain, and Judge
Hall was released by order of General Jackson, and afterward the
Judge had the General brought before his Court to answer for his
conduct in the matter; was fined by the court one thousand dollars,
and in after years every Democrat in Congress voted to refund to
General Jackson the said fine, which was done.
Stephen A. Douglas, the great champion of Democracy in his
day, advocated the passage' of the law refunding to General Jackson, and alleging that Judge Hall did wrong in fining General
Jackson at all; and that the arrest of  the Judge by  General
Jackson was right, and the Democratic votes in Congress indorsed
the sentiments of Stephen A. Douglas.
Thus was set the great example of suspending the writ of habeas
corpus, and of making arbitrary arrests; and proclaiming martial
law in time of war.
And this example was set by the great apostle of Democracy of
his day, and was so approved by his party. Posterity will bless
and honor the acts of that great patriot, soldier, and statesman.
So will posterity and mankind throughout the civilized world, who
love free government and our noble union of States, honor and
bless the name of " honest OLD ABE" LINCOLN for treading
in the footsteps of the hero of New Orleans.
If any cause of complaint may exist, we venture to say that the
future historian of America, and the readers of the acts of this
great rebellion in after times. will wonder with shame and astonishment why it was that this Administration did not, with a more
swift vengeance, punish the outlaw and traitor in whatever part of
the United States he was found.
From the evidence before the country, we of this time should
have no complaint to enter against the President and those executing the laws under him, unless for the mercy exercised by him and
his supporters against the rebels and traitors of the land.
As to the constitutional power of the President to suspend the
writ of habeas corpus, and of making arrests of disloyal persons in
time of war, invasion, or rebellion, there can.be no doubt. His
war power under that instrument makes him the Commander-in
4 
126
Chief of the Army and Navy of the United States, and that same
Constitution requires that he shall see that the laws of the land
are faithfully executed, and that in cases of invasion and insurrec tion the privilege of the writ of habeas corpus may be suspended.
Some say that Congress ought to pass a law on that subject:
First, to give the President power to do these things before he can
act, and, as a reason, they say the President might act tyrannically
if this was not the case.  This amounts to no argument what ever, for the reason that the President, if corrupt, could be as
tyrannical one way as well as the other.
On that subject the people must, as they always have trusted,
continue to trust to the honesty of the President. If in such
cases the President abuses his constitutional trusts there are but
two ways to remedy the evil; one by impeachment and the other
at the ballot-box.
Again, in the interim of Congress, the members all being at
home, from three to five thousand miles apart, some in the Eastern
States, some in the Pacific States, and scattered all over the land.
Suddenly the country is invaded, or an insurrection or rebellion
breaks out, so great and so cunningly arranged that the insurgents
or rebels are able to capture a majority of the members of Congress, what is the President to do? Shall he let the Government
go overboard by default? No, sir! HIe must execute the laws
under the Constitution, and in doing so he has the right and
power to arrest, imprison, chain or hang every traitor in the land.
And this awful penalty should be meted out to all those who give
aid and comfort to the same.  And to save  the Constitution unimpaired, he might, if white agents gave out, employ black
agents to kill white traitors.
Right here we may notice another class of constitutional objectors, who declare that in all cases, whether in peace or in war,
the military power of the nation must be in subjection to the
civil authority.
In time of war the civil authority must only be in subjection to
the military whenever public safety demands it.
If this'was not so, under the Constitution, then there  could
never be a battle fought against rebels, for the Constitution expressly declares, that no person shall be deprived of life, liberty, or
property, without due process of law.
That is, no man shall lose his life, under the Constitution, until
a court of competent jurisdiction has heard his or her cause, and 
127
found the accused guilty of a crime against the United States
worthy of death, and thereupon the court pronounces sentence of
death, and the person is executed accordingly. And this same
process must be gone through with, in regard to liberty and
property: that is, life, liberty, and property, must be taken away
by judicial judgment and decree.
Now this is all right, and applies to times of peace; but has
nothing at all to do with the rights of war under the Constitution.
Apply this kind of interpretation to about thirty thousand armed
rebels, with guns in their hands, and you will find that judgments
of courts are not for their case. The Union army comes in sight
of them, and is about to begin to shoot, when some guardian of
human liberty, with his hat fulllbf writs of habeas corpuses, comes
up, and this walking commentary of the Constitution cries, with
a loud voice, "stop!"
"Here's work of another kind. In our peculiar form of governmnent, the military must always be in subjection to the civil authority; therefore, call a jury to try these thirty thousand fellows,
before you take their life; for that is the only way to get a man's
life from him, under our Millennium Constitution."
Thus speak all that class of men who have not been blessed
with a sight of that part of the Constitution known as the military
part.  But some wag, at this point, while the jury is being made
up, urges another objection, viz: that a man can not be triet, according to the Constitution, for a crime, where his life is at stake,
unless he is personally present, and the difficulty that presents itself
to the court and jury is, that these thirty thousand fellows won't
consent to be arrested, for fear the writ of habeas corpus will not
release them.
Now what is to be done in a case like the one just put?. Why,
do just what common sense and the Constitution says do, exercise
the military power; hurl the army of the country down upon the
rebels, and kill every one of them, if they do not surrender.
All such as would, in timrnes of war, make the civil authority supreme and above the military power, were begotten and brought
forth by either ignorance or treason.
And all that class of persons who are constantly talking of the
habeas corpus, and are very much alarmed for fear its great liberty
features will be violated- they need more patriotism-for they are
not such friends to human liberty as to trust that great boon to
their keeping. 
128
The Constitution of the United States is plain on the question
of the writ of habeas corpus. Just such times as are now in the
land, are the exact kind of times when the privileges of that great
writ and charter of liberty ought to be suspended. Listen to what
it says: "The privilege of the writ of'habeas corpus shall not be
suspended unless when, in, cases of rebellion or insurrection, the
public safety may require it." That is the ring of the true metal.
The President suspended its privileges when the public safety demanded it, and for it the nation and posterity will thank him.
After the resolutions, passed at the present Legislature, creating
this Committee of Arbitrary Arrests, with the powers granted to
said Committee, with the evidence accompanying the same, shall
have been read and studied by thoethousands whose minds it was
intended to prejudice against the legally constituted officials of the
nation, another grave constitutional question will arise, hard, indeed,
to be explained by the partisan leaders who have set themselves up
against the policy adopted by this Administration for the overthrow
and suppression of the rebellion, which is this: " Can a State Legislature create any power, by the appointment of a Committee, or
otherwise, to try the acts and official doings of the President of the
United States, the Secretary of War, or the United States Marshal, acting under their authority?" We answer, no. If this be
the correct answer, of which we have no doubt, then this Comrittee derived no such power to act in the premises, and their proceedings are nugatory, costing the State a few thousand dollars for
the purpose of creating, if possible, a little political capital against
the Government, and those who are its best friends.
The impartial, loyal reader of this and after times, will be fully
able, after reading the evidence taken before this Committee,
whether Mr. Lincoln had abused the high trusts committed to him,
and was thereby attempting to promote himself to the position of
a, Dictator, by destroying the safeguards of human liberty under
the Constitution, or was only honestly and faithfully attempting to
sustain the Government in its great struggle with the hundreds of
thousands of armed and wicked rebels, and preserve, if possible,
the noble and worthy Union Army. That the latter is true of the
President, no man can doubt.  That some errors may have been
committed in this great strife for national existence, on the part of
those in power, no one will deny, "for to err is human."   The
greatest and best men in all ages of the world have had their imperfections, yet at the same time their motives were pure and honest
It 
129
So with the President, so with Governor Morton, so with all pureminded patriots and statesmen, in this strife for liberty and free
government. A careful review of the evidence adduced before the
Committee, shows that scarcely one was arrested and imprisoned
for a short time, but had been engaged in saying or doing some
thing calculated to give aid and comfort to the enemy; such as
discouraging enlistments of soldiers, resisting the draft in Blackford
and Fountain counties, giving countenance to the destruction of
the draft-box in Blackford county, where shouts from traitor lips
went up for "Jeff. Davis" and the Southern Confederacy.   And in
other cases the evidence of men taken at the jail in the city of
Indianapolis, against whom indictments were pending at the time
for treason.
In nearly all the cases where arrests were made, the affidavit of
one or more credible, competent, and loyal witnesses were taken
and filed against the accused, charging them with disloyalty to
the Government; and where there was no affidavit filed, arrests
were made by subordinate military officers for the sole good of the
cause of the country, not to destroy the last vestige of human
liberty, but to preserve the nation.
And here, we may be permitted to say, had the old Democratic
doctrine of General Jackson been followed out, which his friends
have heretofore sustained, many more arrests would have been
made than were made, and more hemp would have been used than
was used; which no doubt would have produced better results for
the good of the country than were produced.   A  studied and
searching attempt has been made by the political opponents and
enemies of Governor Morton, to detract from his great and wellearned fame in his untiring devotion to the cause of his country
and the noble State over which he is Governor; but in that his
enemies have signally failed; their attempts and efforts in this
unholy line of corrupt policy, will stink in the nostrils of every
true patriot in the land, while his fame for patriotism and love of
country will stand unrivaled in the minds and affections of the
lovers of liberty and humanity throughout all the civilized free
governments.
Would-be leaders of a once great party assume.that name
("Democracy") in this rebellion, who have no more right to it,
from their conduct toward the Government, than a wolf has to
wear the fleece of a sheep. They struggle hard to make the people
believe that they are the only ones left now in the land to advocate
C. A. A.-9 
130
free speech and free government, and many have been deceived
into their meshes; they have labored so incessantly against the
policy of the present Administration, that many have landed in
the enemy's camp, and many more are on the road, standing in a
stone's throw of the enemy's lines. And this opposition has become so fearful and dangerous, that the ignorant and prejudiced, in
many places, have sought homes in hellish secret leagues, that they
might more effectually concoct and perfect, under traitor leaders,
their infernal schemes of treason and rebellion for the overthrow of
the Government; which resistance to the laws and Constitution of
the land, if persevered in by them, must bring devastation, war,
blood-shed, total anarchy, and ruin all over this once happy and
prosperous country. For what? Simply to gratify a few political
leaders, who are gasping and grasping for place and power, which
they never can attain, but must go down to posterity, disgraced
and dishonored by all the true and loyal of the country.
To all such unprincipled, ambitious'leaders, the advice might be
given, at once change your deadly policy; correct your false teachings to the people; help at once to extinguish the flames of secession and rebellion, and you may yet have some hope left in the
great future, if the Government is sustained, for honor, place, and
power.
That the right, in this great  struggle for free government and
free institutions, will triumph, and the Union be perpetuated and
maintained, under the benign smiles of an overruling Providence,
we have no doubts or fears.
Our political faith looks to a bright future, when the Union
Army and Navy shall have triumphed over  every opposing foe,
whether he be despot or traitor; and the facts will be fully established, that man is capable of self-government, and that, with the
increase of intelligence and love of liberty infused into the American mind, no power will be ever able to cope with our country in
art, science, civilization, or war; and that in the galaxy of
American States, Indiana will shine forth in the foremost ranks of
them all, for the valor of her soldiers, the patriotism of her people,
and the efficiency of her noble Governor.
BENJAMIN F. GREGORY,
JAMES M. C(REGG,
CHARLES D. MORGAN,
TIMOTHY BAKER. 
E-TIDE- NCE
ABRAHAM B. JETMORE (BLACKFORD COUNTY) SWORN.
Examined by Mr. GREGORY    Answer-My name is Abraham B. Jetmore; aged twenty-four
years; residence Hartford City, Blackford county; I am an attdr  ney at law; I have been and am yet a life-long Democrat, when
political questions should be agitated; voted for Douglas for Presi dent.
On or about the second day of October last, at a Union and
War Meeting combined, at a school house in Nottingham town  ship, WVells county, at which one John Phipps went with me for
the purpose of raising recruits. After I had delivered my discourse,
or the principal portion of it, Dr. Theodore Horton rose and said
he wished to speak. I had asked before or after, and perhaps both
before and after, the said Phipps (who was recruiting officer for
the Thirty-Second Indiana Regiment,) to come forth and ask for
volunteers, and he did so.  Whereupon Mr. Horton came forth and
began his discourse, and used, as near as I can recollect, the follow  ing language:  "I always knew this (meaning the present) war
was an Abolition war. The late proclamation of the President has
capped the Abolition climax.  You have been called upon to-night
to volunteer; but has any of you volunteered? No, not one. You
will not volunteer under such a policy." I do not think said Mr.
Horton answered over one or two points made in my discourse, he
having came at a late hour. I think that lie principally heard me
in my exhortation for volunteers.  I have never had any personal
difficulty with Dr. Horton; on the contrary, I voted for him in
1860.  I can not particularize any other language he used deroga  tory to the interests of the Government, but I know he used other.
The greater portion of what he said in his said discourse, if believed,
would have a tendency to alienate the people from the Goverr ment. 
132
Question by Mr. GREGORY  State whether you was present at Hartford City, in Blackford
county, the day the draft was attempted to be made; and, if so,
state all you know about it?
Answer-I was in Hartford City that day. In the forenoon of
said day, when the citizens began to gather in, there appeared to
be an excitement among some of them, and had a tendency to
increase, and, in the afternoon, from where I stood across the street,
I saw there was considerable indications of a mob; a good many
of them having their coats off and sleeves rolled up. When the
officers went across to the court house, there was a general rush
made after them. After a while, I heard a considerable noise in
the court house, stamping and hallooing.  Immediately there was
a rush made out of doors. Whereupon I was informed the draftbox was mashed.
The persons I saw appearing to be taking sides with the mob
were these: One Henry Snider came up before the box was
reported to be mashed, and before the rush was made into the
house, and took off his coat and laid it in the window, and rolled
up his sleeves and rushed in with the rest.  I saw Jess. Williams
also, with his sleeves rolled up, brandishing his fists; and also John
Vanhorn had his coat off and sleeves rolled up; also Leander
Tarr; also John Daugherty, I think, and several others whom I
can not enumerate.  After the rush was made out of the court
house, I saw John Vanhorn with a paper in his hand tearing it in
shrivers, throwing it to the earth and stamping it. There appeared
to be fifteen or twenty taking sides.  From the action of the mob
there appeared to be concert among them.
Question by Mr. GIVEN  State if you voted for the Democratic State Ticket at the last
election?
Answer-I did not vote the ticket nominated at the 8th of
January Convention.
Question by Mr. GIVEN  State if you voted the Republican State Ticket nominated on
the 18th of June, 1862?
Answer-I do not know of any Republican ticket being nominated that day; but I know of a Union ticket being nominated
that day.
Question by Mr. GIvEN 
133
State who were the nominees of this "Union" Convention of
which you speak?
Answer-I do not recollect all their names;  but they are
designated as "Union" men, composed of part Democrats and
part Republicans.
Question by Mr. GIVEN
Did you vote for Shanks, Republican, or McDonell, Democratic
candidate for Congress in your Congressional District, at the last
election?
Answer-I voted for Shanks " Union" candidate.
Question by Mr. GIVEN   Was not Shanks, in 1860, elected to Congress, and, if so, by
what party?
Answer-By the then Republican party.
Question by Mr. GIVEN   State if you were a candidate at the late election, and if so, for
what office, and nominated by what party?
Answer-I was a candidate for Representative from Blackford
and Wells counties; was placed upon the track by the "Union"
citizens of said counties.
Question by Mr. GIVEN  Were you nominated by the Democratic party of Blackford and
Wells counties?
Answer-I was not the nominee of the so-called Democratic
party.
Question by Mr. GIVEN  What do you mean by "the Government?"
Answer- I understand the Legislative, the Executive, and Judicial, combined, together with the people.
Question by Mr. GIVEN  What do you mean by the term "Abolitionist?"
Answered-I term it any person or persons who will use all
power, or believe it right, to abolish human slavery against the wTill
of any State or States whose Constitution recognizes the same
where it legally, lawfully, and loyally exists.
Question by Mr. GIVEN  Did you, or did you not, approve of' the remarks of Dr. Horton
made at that meeting?
Answer-I did not.
Question by Mr. GIVEN 
134
Do you approve of the Emancipation Proclamation of the President of September last, denounced by Dr. Horton?
Answer-As Commander-in-Chief of the Army I do; but would
not as Civil Executive.
Question by Mr. SHOAFF  Do you then understand that the "Civil Executive" has vacated
his seat?
Answer-I do not; but, on the contrary, Iconsider the President
has two-fold power: First, Civil Executive; secondly, Commanderin-Chief.
Question by Mr. GIVEN  State what part, if any, you took in the arrest of Dr. Horton?
Answer-I took no part. I filed an affidavit against him after
hearing of his arrest; and based my affidavit against him upon
what he said in the speech alluded to.
Question by Mr. GIVEN  What crime was Dr. Horton guilty of that you filed your affidavit against him?
Answer-He violated the proclamation of the President, discouraging enlistments, as I considered.
Question by Mr. GIvEN  Do you consider the proclamation of the President to which you
refer the law of the land?
Answer-As Commander-in-Chief I consider that or any other
proclamation to preserve, protect, and defend the Constitution and
the integrity of the Republic in times of insurrection or rebellion,
and during the existence of the same.
Question by Mr. GIVEN  Do you then consider that it is a crime to speak or argue against
the views and policy of the Executive?
Answer-As a Civil Executive I do not; but as Commander-inChief I consider it both a crime and a burning shame for any person or persons to speak or act to impede the progress of our arms,
to vindicate the rights of and support our Government, and put
down a causeless and unholy rebellion.
Question by Mr. GIVEN  Can the President, by virtue of his office, exercise any except his
civil authority over a State not in rebellion?
Answer-I believe he can when the public safety requires it.
A. B. JETMORE. 
135
SIDNEY W. SEA (POSEY COUNTY) SWORN.
Question by Mr. BAKER   Are you the Captain Sea referred to in the testimony of Baird
and Mills in this investigation?
Answer-I am Captain in the Fifth Cavalry, stationed at Mount
Vernon, Posey county, Indiana.
Question by Mr. BAKER   Do you know any thing about the arrest of Mills and Baird, and
if so state it?
Answer-In regard to Baird's arrest, my suspicions had been
directed to him some time before his arrest.  Hle was known to be
crossing the river repeatedly, and gone numbers of days at a time,
ostensibly trading, but not trading in any thing openly except lately
in coon skins, and it was supposed as there was goods gone from
that point to guerrillas, that said Baird had some knowledge of
their purchase and delivery.  Baird is a man of notoriously bad
character; he was in the habit of insulting the soldiers on the
streets, stigmatizing them publicly as "d   d Lincoln puppies," and
that any man that would fight in this army deserved hanging.
This was what led to his arrest. On being arrested he was brought
before me, and upon my questioning him as to his treatment of the
soldiers, and his loyalty, he said that he could not support the war
and would rot before he would take an oath to do it. I then
ordered him to be placed outside of my tent, under the fly, on a
good bed of straw, with blankets sufficient to keep him warm. He
was disposed to be disorderly and noisy at first, but after he got
quiet he remained still until morning, when I ordered a good horse
for him to take him out of camp, when he concluded to take the
oath, and as he said afterward, with the intention of keeping it.
Question by Mr. BAKER  Did Baird ask for any thing to eat, and did you refuse it?
Answer-He did not ask for any thing to eat that night, to my
knowledge. We furnished him as good a breakfast in the morning as any of us had.
As to Mills, two of my men, while in his neighborhood, heard of
his making disloyal remarks, and asked permission of me to visit
him as citizens, which I granted. While at his house, they state
that he said that he would be glad to see the cavalry up there all
destroyed. They then told him that that was just what they came
for; that they were a part of a band of guerrillas. He stated that
0 
136
he was glad to see them, and he would assist them all in his power.
He said that a party of them could come to his house and remain;
showed them where-to put their horses if they came there in the
night; and received from them a package or packages which they
told him contained quinine and gun-caps, destined for the rebels.
They say that he told them, and he don't deny it, that he would
like to see Lincoln assassinated, and this cavalry blown to hell.
This was what led to his arrest, together with other conversation
of the same kinds  I was at camp when he was brought there, but
shortly left, and did not return until after he was released.
Question by Mr. BAKER  Who were the two soldiers who visited Mills' house?
Answer-Two cavalry men, named John S. Miller and Lafayette Finch.
Question by Mr. BAKER  Have you the affidavits of these two soldiers, stating the above
facts, and, if so, can you produce them?
Answer-I have, I can, and now produce them in these words,
to-wit:
CAMP GRAHAM, January 30, 1863.
John S. Miller and Lafayette Finch, being duly sworn, do depose
and say, that having reason to suspect the loyalty of James S.
Mills and John Bell, they proceeded to the house of said Mills, in
disguise as Kentucky guerrillas, looking for a place to rendezvous,
to secrete ammunition and contraband goods, and rest themselves
and horses, telling said Mills that there was a large'force of guerrillas ready to cross to take the Fifth Cavalry, (or that they were
already across the river in force of 380 men,) and that they had
four cannon, and wanted to fix the men in places as near the cavalry camp as possible.  Mills was very much. pleased to see the
men in this character, and said Bell remarked that about half
of the cavalry were I)utch, and did not amount to much, and he
wished they were all in hell.
Bell further said, that most of.the men in his Neighborhood were
all about right, and that when they camne back they would know
where to stop; but when they got to the plank-road they were
mostly Abolitionists.
Mills said, then, that he would like to see old Lincoln's head
taken off; cursed the Administration and the Lincoln Abolition
war, and wanted to see this cavalry used up, if possible; was
rejoiced the other detachments were taken, as reported, and recommended a certain place where to plant cannon so as to rake the
tents with best effect. 
137
Left with the understanding that they would return with a posse
of men the same night; that he made arrangements where to put
the horses and men.
And that said Miller and Finch did return this night, and requested said Mills to take care of and secrete a package, said to
him to contain caps and quiniine for the use of the rebels; the said
Mills took them and put them away carefully, to produce at a monient's notice, after which I (Miller) called him out to assist in
taking care of the horses of the guerrillas, (one of the horses was
told him was captured from the Penn cavalry two days since). After
his going out, they called Bell out, and arrested them both.  They
both showed a cheerful willingness to assist the guerrillas in every
particular, and were anxious to do all in their power to defeat the
cavalry, Abolitionists, and the Lincoln war.
Certified to before me, this 30th day of January, 1863.
SIDNEY W. SEA,
Captain, Comnmanding Camp Grahaim.
I will add that this last arrest was done more at the solicitation
of the men, who have an impression that they should not rest
under continual abuse by such men, and more for checking such
treatment than for any punishment to this man particularly.
CRoss EXAMINATION.
Question by Mr. LASSELLE  Were the above causes the only causes you had for the arrest of
Baird and Mills?
Answer-That and general conduct tending to discourage soldiers and recruiting.
Question by Mr. LASSELLE  Can you give any particular instance in which either Baird or
Mills discouraged enlistments, of your own personal knowledge?
Answer-No, I can not; but have it from the best of authority.
Question by Mr. LASSELLE  What is that authority'?
Answer-It is that of numerous citizens and soldiers.
Question by Mr. LASSEI,LE  Were any of them under oath at the time they made the statement?
Answer-None except the soldiers to whom I administered the
oath.
Question by Mr. LASSELLE
,.]I III, 
138
Who were the soldiers to whom you administered the oath?
Answer-I only remember the names of Firich and Miller.
Question by Mr. LASSELLE  Were you authorized to administer oaths generally?
Answer-I am authorized to administer oaths to recruits, but I
do not know whether I am authorized to administer oaths generally or not.
Question by Mr. LASSELLE  Were these persons to whom you administered this oath
recruits?
Answer-They were soldiers, already enlisted.
Question by Mr. LASSELLE  Did you make these arrests upon your own or other authority?
Answer-Upon my own authority as commandant of the camp.
Question by Mr. GIVEN  Do you know the place where the soldiers heard this conversation?
Answer-It was reported to me to have taken place at the
house of this Mills, and in the town of Mount Vernon.
Question by Mr. GIVEN  Who was the neighbor who you say invited the soldiers to visit
them when they received the first information of the disloyalty of
Mills?
Answer-I think it was a Mr. Allen.
Question by Mr. GIVEN  State your opinion of Mills' mental capacity?
Answer-I should not think he had any superfluity of brains.
Question by Mr. GIVEN  Are not all of the statements you have made as to the guilt of
Baird and Mills, prior to their arrest, from hearsay and not from
personal knowledge?
Answer-Principally by hearsay.
Question by Mr. GIVEN  State where and when you heard either Baird or Mills say any
thing that satisfied you of their disloyalty, and what was it?
Answer-Prior to their arrest, I can not locate any particular
point, the time, or what they said.
Question by Mr. FERRIs  Are you, or were you, at the time you administered the oath
referred to above to Finch and Miller, holding any office whatever
except that of Captain commanding camp and recruiting officer of
the Fifth Indiana Cavalry. 
139
Answer-I was not.
Question by Mr. GIVEN  In what do you consider treason to consist of?
Answer-I consider, at the present time, any thing that will
hinder or demoralize the army, or place any obstacles in the way
of its efficiency.
Question by Mr. GIvEN  Do you think treason can be committed by conversation?
Answer-I think there can be treasonable convei'sati(on.
SIDNEY W. SEA,
JONAS GOOD (BLACKFORD COUNTY) SWORN.
Question by Mr. BAKER  State your name, age, residence and occupation?
Answer-My name is Jonas Good; aged thirty-one years; residence, Blackford county, and occupation a physician.
Question by Mr. BAKER  What do you know about the draft-box being destroyed at
Hartford City?
Answer - I was in town on the day of the draft nearly all day.
I was standing onehe side-walk vhen I observed that there was
going to be trouble. I heard Mr. Andrew B. Williams say, as he
was passing by, that there would be no draft in town on that day
He said they (meaning the Abolitionists) were going to draft none
but Democrats; he said that there would be fun by and bye; and
went directly to the court house, where the arrangements were
being made to proceed to draft. lie appeared to be very much
excited.  This was in the fore part of the day, perhaps ten o'clock,
or thereabouts.  Shortly after I saw a crowd, perhaps twenty persons, assemble near the court house door, acting in a very boisterous manner, cursing and swearing, some of them with their sleeves
rolled up, and hurrahing for Jeff. Davis. Those most conspicuous
for their noise were  Bluford Mills, John  Daugherty,  Thomas
Daugherty, Jacob Clapper, Henry Snider, John Vanhorn, John
Miller, and others whom I do not now remember. They then 
140
entered the court house. I entered shortly afterward. On entering the court house I saw twenty of twenty-five persons surrounding the officers connected with the drafting process. They weree
then acting in a very noisy manner, cursing and threatening the
officers.  The crowd was chiefly composed of those who had been
assembled outside of the court house door. At this juncture
I left the house, and crossed the street, when, within an hour or an
hour and a-half, hearing a noise, I observed the crowd coming out
of the court house in a very noisy manner, and some of them
appeared to be rejoicing.
CROSS EXAMINATION.
Question by Mr. FERRIs
How many men did you see at the court house door with their
sleeves rolled up, and name them; and also state how far distant
you was from them at the time?
Answer-I don't know how many. Jesse Williams, who was
in the crowd, was one, but I can not name any others, with safety.
I was about fifty yards off.
Question by Mr. FERRIs  If there was any other man boisterous in that crowd, than
Williams, name him?
Answer-There was, but I can not name him.
Question by Mr. FERRIs  Did Bluford Mills, John Daugherty, Thomas Daugherty, Jacob
Clapper, Henry Snider, John Vanhorn, John*Miller, or either of
them, have their sleeves rolled up?
Answer —I would not be certain, but I think so.
Question by Mr. FERRIS  Which one of these men do you "think" had his sleeves rolled
up?
Answer-I can not dispose of that question.
Question by Mr. FERRIs  Are you positive that you know that one other man than Williams had his sleeves rolled up, and if so name him?
Answer-I am positive, though I can not name him.
Question by Mr. FERRIS  You say these men were cursing and swearing, what was that
about?
Answer-The cursing and swearing I could distinctly hear.  It
i 
141
is my impression that they were enraged in consequence of the
draft about to come off. I did hear some of them say some thing
against the draft, but can not say who said it, or what it was. I
obtain my impression from the boisterous manner of the crowd,
and from their demonstrations.
Question by Mr. FERRIS  What foundation had you for believing that the draft was to be
resisted?
Answer-From what I heard Williams say, and the demonstrations of the crowd before the court house, and demonstrations
generally.
Question by Mr. FERRIS  Who else than Wvilliams did you see in the court house with
their sleeves rolled up, and name them if ally?
Answer-I am satisfied that some of the same persons who
assembled in front of the court house, and probably all of them
who had their sleeves rolled up, outside of the house, were there.
Question by Mr. BROwxN  If you are satisfied that the same men whom you saw outside of
the court house with their sleeves rolled up, were the same men
you saw inside of the court house, why is it you can not name
some others of them except Williams?
Answer-Williams was generally regarded as being a man of
more fortitude and determination than some of the rest, consequently it was more natural to notice him more particularly than
the rest.
Question by Mr. BROWN
Are you acquainted with, and do you know, the names of all or
any of the men you saw outside and inside of the court house?
Answer-I am partially acquainted with most of them, and
know their names.
Question by Mr. BROWN  If you are partially acquainted with these'men, and know their
names, why is it that you can not now give their names?
Answer-At the time I did not take down their names, consequently I do not now remember the names of persons, only those
with whom I was most familiar.
Question by Mr. BROwN  Do you know the names of the persons there who had their
sleeves rolled up? 
142
Answer-I knew their names at the time, but can not now call
them.
Question by Mr. BRowN  Do you know their names now?
Answer-I do, but I can not call them.
Question by Mr. BROWN  Did you hear any person hallooing "hurrah for Jeff. Davis?"
Answer-I did.
Question by Mr. BROWN  Who were the persons?
Answer Some of the crowd in front of the court house, but I
can not give their names. I do not know their politics, for I do
not know who hallooed.
Question by Mr. BROWN  What is your politics?
Answer-I have acted with the Republican party,but am now
an unconditional Union man.
Question by Mr. BROWN  Did you file an affidavit against any of the persons who were
arrested in your county, and if so, when?
Answer-I filed an affidavit against Williams, Bluford Mills,
John Daugherty, Thomas Daugherty, IHenry Snider, Jacob Clapper,
Jesse Williams, and others, perhaps, whom I do not remember,
after some of them had been arrested and taken away from Hartford.
Question by Mr. BROWN  How did you happen to make an affidavit against these men?
Answer-It was thought by the citizens generally that affidavits
should be made against these men.   I was notified by a person,
whose name I do not now recollect, to appear before Justice Michael Cline, and I went there and made the affidavit.
Question by Mr. BROWN   Who were present at the magistrate's office at the time you made
the affidavit?
Answer-A. B. Jetmore, Wm. A. Bonham, and some others,
whom I do not recollect.
Question by Mr. BROWN  What is the politics of the men who were there-Democrat or
Republican?
Answer-One of them, Jetmore, claims to be Union Democrat,
I believe, and the other, Bonham, claims to be a Union man.
'N 
143
Question by Mr. BROWN  Was not Jetmore the Republican, or Union candidate for Representative of Blackford county, at the last election?
Answer-lIe was.
Question by Mr. BROWN  Was not the magistrate, at the time you made the affidavit, and
is he not now, a Republican, or Unionist?
Answer-He claims to be a Unionist; acted with the Union
party during the last canvas, I think, but was formerly a Douglas
Democrat, and claims yet to be a Douglas Democrat.
Question by Mr. BROWN  Was there not a meeting of persons in your office, for the purpose of making affidavits against these men that were arrested?
Answer There were several persons assembled at my office on
the arrival of the soldiers, who, it was understood, came to enforce
the draft, and among them were some of the military officers.
They mnet there for the purpose of bringing to justice those whom
it was understood had violated the laws of the country. Affidavits
were then made against Brickley, John McManamon, Taughinbaugh, and others I do not now remember. I did not really know
what would be the object of the meeting until they met there,
though, of course, I had some idea.
Question by Mr. BROWN- 
Name the persons who met in your office at that time?
Answer-Colonel Tom. Browne was there, and did the writing,
I believe; Wm. Frash, late Provost Marshal, and, I think, Goodin,
the Commissioner, were there.  Doctor Clowser was there, probably, and, perhaps, some others.
Question by Mr. BROWN  Are not all those whom you have named as being present at that
meeting Unionists or Republicans?
Answer-They claim to be Unionists.
Question by Mr. FERRIS  Were not the two Williams' drunk at the time to which you
refer in your testimony?
Answer-I think that they were under the influence, to some
extent, of whisky.
JONAS GOOD.
I 
144
WVILLIA:AI A. BONHAM (BLACKFORD COUNTY) SWORN.
Examined by Mr. GtREGORY  My name is William A. Bonham; aged twenty-nine years;
reside at Hartford City, Blackford county; occupation that of an
attorney.
On the morning of the sixth of October last, I was in the clerk's
office, when Sheriff Brickley came in. Soon after Andrew B.
Williams also came in. Mr. Williams asked Mr. Brickley if he
had any hand in the draft. Brickley answered No! It was the
order that he was to place the ballots in the box, but they (meaning the Marshal and Commissioner), would not let him have any
thing to do with it.  Williams became very much enraged at the
remark, and said he would shed the last drop of blood in his veins
before he would be humbugged; said it was a d    d Abolition
concern, and said it was managed by a set of black-hearted Abolitionists about that town. I afterward heard Williams repeat
about the same on the street. I was in the court house about the
time they commenced preparing the ballots.  My attention was
directed particularly to one Daniel Watson, who appeared to be
very much excited-was talking loudly, and said the Enrolling
Commissioner had stolen his name, and claimed that the draft was
unfair on that account; said the Commissioner was not within ten
miles of his residence. There were a good many persons in town
that day.  I noticed there was a dreadful feeling against the draft.
Among those whom I noticed as being excited against the draft
were A. B. Williams, Jesse Williams, Charles Williams, all
brothers, John Daugherty, Thomas Daugherty, Daniel Watson)
Bluford Mills, (since dead,) who said some week or two before
the day of draft that he was armed to resist it, and knew of two
hundred others who were the same.
I heard stamping and hallooing in the court house that day.
After Bluford Mills was arrested, he said to me he would not have
fled had he not been of the impression that they would hang or
shoot him immediately; that he had laid in the swamps and it had
had a very injurious effect on his health.
At this time I am an unconditional Union man.  In 1856 I
voted for Buchanan, but in 1860 I voted for Abraham Lincoln, and
have been acting with that party since.
Question by Mr. GIVEN 
145
Did you apprehend any trouble about the draft before the day
upon which it occurred?
Answer-I did.
Question by Mr. GIVEN  Did you make any effort on that day to prevent the trouble?
Answer-I did not; my reason for not interfering was that they
were in the majority, and I did not think it safe.
Question by Mr. GIVEN.Did you inform the sheriff of your county, or any other conservator of the peace, of your fears of trouble?
Answer-I did not.   I advised the Commissioner to allow
Sheriff Brickley to place the ballots in the box, or see it done.
Question by Mr. GIVEN
What did you see Thomas Dougherty do?
Answer-I saw him with the crowd, and heard him swearing,
but saw him commit no act of violence.
Question by Mr. GIvEN  Were the crowd that you allude to on a "general bust," intoxicated, or were any of them so?
Answer-I think some of them were somewhat intoxicated.
Question by Mr. HOWARD)  How many persons were there in this crowd to which  you
allude?
Answer-I suppose fifteen or twenty.
Question by Mr. HOWARD  What other evidence, beside their noisy and boisterous conduct,
have you that these mnen, except the Williamses you have named,
intended to destroy the draft-box?
Answer-Thle cursing and swearing is all, except what Harvey
Snider said in my presence.
Question by Mr. GIVEN  Did not this whole disturbance arise from the fact that Williams,
who resided in another, was enrolled in the wrong township?
Answer-If that was the pretext, I was not aware of it from my
personal knowledge.
Question by Mr. GIVEN  Was it not the understanding that none but Democrats would
be drafted?
Answer-I think not, among men who were informed.
Question by Mr. GIVFEN    C. A. A.-10 
146
Now do you not know that, by a preconcerted arrangement,
none but Demnocrats were to be drafted?
Answer-I know there was not.
Examined by Mr. GIVEN  You say you are an "unconditional Union man." Now if Mr.,
Lincoln should declare himself Dictator of this country, and, by so
doing, restore the Union of these States, would you favor it?
(This question was protested against by Mr. Baker, Republican,
for the reason that it had nothing to do with it.)
Answer-I refuse to answer.
Question by Mr. BAKER  Who enrolled Jesse Williams?
Answer-I did, sir.
Question by Mr. BAKER  Did he ever tell you he was enrolled in the wrong township?
Answer-He did not.
Question by Mr. BAKER  Did you informn the Commissioner, or Provost Marshal, on the
morning of the draft, that you apprehended danger?
Answer-I did.
W. A. BONHAM.
ALEXANDER DELONG (WELLS COUNTY) SWORN.
Question by Mr. BAKER  State your name, age, residence and occupation?
Answer-My name is Alexander Delong; age fifty-seven years;
reside at Wells county, Indiana; by occupation a farmer.
Question by Mr. BAKER  Are you acquainted with Dr. Theodore Horton?
Answer-I am?
Question by Mr. BAKER  Had you heard Dr. Horton, before his arrest, say any thing in
opposition to the war or against enlistments?
Answer-I never heard him say any thing against enlistments;
but have against the war.
Question by Mr. BAKER-  
147
Please state what you heard him say against the war?
Answer-I heard him say that a Republican army could not
be marched to the Ohio river before they would be stopped.  I
asked him who would stop them.. He said the Democrats. I
asked him if he would be in that army, and he said he would.
I told him if I was on the other side I would shoot him, without
orders. This was before the war broke out, and but a few days
after Lincoln took his seat.
Question by Mr. BAKER  Have you ever heard him make any other remarks about the
war?
Answer-Yes; he said he was opposed to it.
Question by Mr. BROWN  Did Dr. Horton give any reason for being opposed to the war,
and if so, what was it?
Answer-He did: He said he was opposed to the suspension
of the writ of habeas corpus and the Emancipation Proclamation;
and that the war ought to be carried on without them.
Question by Mr. BROWN  Did you ever hear him say at any other time that he would
oppose the war, except the time when he stated that the Republican army could not march to the Ohio river?
Answer-I did not.
ALEXANDER DELONG.
WILLIAM A. CAMPBELL (BLACKFORD COUNTY) SWORN.
Examined by Mr. BAKER  State your name, age, occupation, and place of residence?
Answer-My name is William A. Campbell; aged thirty-three
years; and reside at Montpelier, Blaqkford county, Indiana.
Question by Mr. MORGAN  Are you acquainted with William T. Schull, of Blackford county?
Answer-I am.
Question by Mr. MORGAN  S tate what you heard him say, about the resistance to the draft,
at Hartford City? 
148
Answer-When he was informed, in my presence, of the mashing of the ballot-box, he said "good! good!" and that is what he
was arrested for. Twible is the man who filed the affidavit against
Schull.
question by Mr. FERRIS  State particularly when, where, and in whose presence you heard
Schull say this?
Answer-It was the evening of the 6th day of October, 1862, at
Montpelier, in front of Boon & Twible's store, in the presence of
Boon and Twible, and others.
Question by Mr. FERRIs  Do you positively swear that Twible, in his talk with Dr. Schull,
stated where the draft-box was broken up?
Answer-Yes; he said, "your party, to-day, broke up the ballotbox at Hartford." The remark, and its answer, was made while
Schull was passing on horseback. Schull did not stop on his way.
WM. A. CAMPBELI,L.
BENJAMIN S. NICKLIN (WABASH COUNTY) SWORN.
Examined by Mr. MORGAN  State your name, age, and present occupation?
Answer-My name is Benjamin S. Nieklin; aged thirty years;
present occupation, a Captain in the Thirteenth Indiana Battery;
residence, Wabash county, Indiana.
Question by Mr. MORGAN  State whether you made any aTrrests at Vevay, and the circuistances connected therewith?
Answer-I did arrest some of the citizens of Vevay, but do not
remember the names of all of them, but remember the names of
Clint McMahon, Dufour, and Kyle.  I arrested them upon reliable
information that they had been conveying information to the guerrilla bands across the river, on the Kentucky side. I derived the
information from an army spy, of which I had many. I had no
authority whatever, from Governor Morton, to make these arrests,
and it was done without his knowledge.
Question by Mr. FERRIS
\ 
149
By whose authority, or by whose order, did you make these
arrests?
Answer-By the general authority given to me by the military
commanders at Louisville, to arrest all persons I had good reasons
to suspect of disloyaly.
Question by Mr. FERRIs   Were the arrests made by you in Vevay, made solely upon the
ground of hearsay testimony?
Answer-I made the arrests upon the statements of persons I
did rely upon, but who were not under oath.
Question by Mr. FERRIs   Who was your informant upon whose statements you made
these arrests?
Answer-I will not answer the question.  Out of no disrespect
to the Committee, however.
Question by Mr. FERIs   Will you give the name of the person who gave you the names
of the Vevay men who were arrested as Knights of the Golden
Circle?
Answer-I decline to answer.
Question by Mr. FERRIs   You say that in making these arrests your men were armed, and
that you ordered them to shoot down any man who made resistance. By what or whose authority did you give such orders?
Answer-I considered it my duty as an officer of the Army.
Such are at all times my orders to my men when on duty.
Question by Mr. MORGAN  What is your politics?
Answer-I am  a Democrat; always was a Democrat, and was
a delegate to the 8th of January Convention, 1862.
Question by Mr. MORGAN  State why your men pointed their pistols at Mr. Kyle when they
arrested him?
Aniiswer-I was told that Mr. Kyle was attempting to escape;
I ordered the men to follow him, and if he did not stop to shoot
him. I haye since learned that he made no attempt to escape.
BEN. S. NICKLIN. 
150
JOHN PHIPPS (WELLS COUNTY) SWORN.
Question by Mr. MORGAN  State your name, age, residence and occupation?
Answer-My name is John Phipps; aged thirty-three years;
occupation that of a farmer; and reside in Wells county.
Question by Mr. MORGAN —
Are you acquainted with Dr. Theodore Horton?
Answer-I am.
Question by Mr. MORGAN  State what you have ever heard him say, and what he has done
in opposition to this war, and against the enlistment of soldiers?
Answer-At a war meeting held in the county of Wells, at
Bare's school house, on or about the second of October last, when
A. B. Jetmore, the Union candidate for Representative, and myself,
arrived and made an effort to get volunteers.   Near about the
close of the meeting, Dr. Horton arrived, and said he had a few
words to say.  After ascending the rostrum he commenced as follows: Mr. Jetmore has been acting disgracefully to-night; illustrated it by an anecdote. He said it reminded him of the anecdote
of a little boy who went out in company with other boys. One
of the boys having killed a bird, this little fellow requested to have
it-take possession of it. One who killed it proposed giving it to
him if he would perform a disgraceful act, which he did. That the
other boy refused giving the bird. He then went home crying.
His mother asked him what was the matter, and he said one of his
companions killed a bird, and offered to give it to him if he would
disgrace himself. After doing so, he refused to give him the bird.
Now, said he, Mr. Jetmore has disgraced himself before you
to-night, to get the dead bird; but you won't give it to him fellowcitizens. This, said he, is an Abolition war. I always knew it to
be an Abolition war; and now the President's proclamation has
capped the Abolition climax. Here is a man here to-night (pointing to me) to get volunteers. You are not going to volunteer in a
war carried on under any such policy. No, not one of you. He
then gave his definition of Abolitionists, saying that the Abolitionists are those now in power, and all that sustain the Administration were Abolitionists. These Abolitionists must be removed
from power by the dropping of little bits of paper into the ballotbox, and Democrats put into their place. Then we will arm ourselves and shoot down these Abolitionists. That is the war you 
151
will fight in fellow-citizens, aint it? That is about the amount of
his remarks. I never heard him express himself upon the subject
at any other time.
Question by Mr. MORGAN  Was this meeting called for the purpose of getting volunteers?
Answer-Mr. Jetmore, as the Union  candidate for Representative for that District, had given public announcement that he
would make a "Union" speech on that oecasion' and as I was
acting in the capacity of a recruiting officer for the Thirty-fourth
Regiment Indiana Volunteers, and would have to canvass the
county; that if I would have bills struck announcing war meetings
at the same time and place with his appointments, after making
his "Union" speech he would give rne and  Mr. Banta, a man
who was to address those war meetings, all the assistance he
could in the way of speaking to get volunteers. That meeting
was announced according to this arrangement.  These are all the
facts I know in connection with this matter.
CROSS EXAMINATION.
Question by Mr. LASSELLE  Did you not file an affidavit, and cause Dr. Horton  to be
arrested for making the statements as above represented by you?
Answer-I filed an affidavit setting forth the language of Dr.
Horton at that meeting, believing his language came within the
perview of the President's proclamation, in reference to discouraging enlistrments.
Question by Mr. LASSELLE  What are Dr. Horton's political sentiments?
Answer-I have always understood he was a Democrat.
Question by Mr. LASSELLE  What are your political sentiments?
Answer-I vote the " Union" ticket.
Question by Mr. LASSELLE  What did you do with your affidavit against Dr. Horton?
Answer-I left it in the possession of Dwight Klinek to be sent
to Indianapolis. I inquired for the proper person to be sent to,
and Klinck informed me that it should be sent to Colonel Rose,
United States Marshal, at Indianapolis; and that he would send it.
Question by Mr. LASSELILE  State whether if the political discussion you refer to between Dr. 
152
Horton and A. B. Jetmore had not been called by Jetmore pub licly by hand-bills as a political meeting?
Answer-I do not know.
Question by Mr. LASSELLE   Did Jetmore not call the meeting by hand-bills as a Union
meeting?
Answer-He called it as a meeting where he designed making
a Union speech. 
Question by Mr. LASSELLE   Was not your so-called "Union party" a political party?
Answer-Yes; I suppose it was.
Question by Mr. BROwN   Did not Mr. Jetmore, at that meeting, discuss political questions,
and urge his claims for election to the Indiana Legislature?
Answer-He discussed the issues that were before the people,
and urged his claims for election to the Legislature in the first
part of his speech, and the latter part was an appeal for the people
to volunteer.
Question by Mr. LASSELLE   State if it was not after Jetmore was entirely through with his
address, that Dr. Horton, upon the invitation of part of the meeting, made his speech in reply to the political part of Jetmore's
address?
Answer-I do not know whether or not he was invited to speak;
but he was not called upon audibly in the meeting; and he did not
commence to speak until Jetmore was through.
Question by Mr. LASSELLE  Was not the anecdote represented by you as having been related
by Dr. Horton at that meeting, so related by him to illustrate the
position of Jetmore, as having left the Democratic party and joined
the Abolition party, under the promise of being elected Representative?
Answer'-I did not think so in connection with his speech at the
time.
Question by Mr. LASSELLE  Was it not true that Jetmore had recently left the Democratic
party and joined what you term the Union party, and then a candidate of that party for Representative?
Answer-I heard Mr. Jetmore say he had formerly been a member of the Democratic party; and he was then a candidate for
Representative on the Union ticket. 
153
Question by Mr. HANNA    State whether you are personally acquainted with Dwight
Klinck, and how long have you known him?
Answer-I am, and have known him for the last five or six
months.
Question by Mr. HANNA    State what his political sentiments were during the last October
election, on the issues then dividing the Democratic and Repub lican parties.
Answer-He was the "Union" candidate for Senator.
Question by Mr. HANNA   Am I to understand that you state that at the time you deli vered your affidavit against Dr. Horton to him to be sent to the
United States Marshal, that he was the Republican candidate for
State Senator?
Answer-Yes, he was the candidate at that time.
Question by Mr. BROWN   Did you not come to this city for the purpose of being examined
as a witness before the United States Grand Jury?
Answer-I did,  in obedience to a summons served upon me by
the sheriff of my county.
Question by Mr. MORGAN   State whether you made any effort to get volunteers at that
meeting referred to in your affidavit; in what way, and what
occurred afterwards?
Answer-When  Mr. Jetmore had concluded his appeal to the
people to volunteer, I stated that I was there to get recruits, and
would take the descriptive rolls after the speeches should be concluded.  As I took my seat, Dr. Horton rose up and said: "I have
a few words to say," and made the speech I have already
related.
Question by Mr. BROwN  Did you not state-when you stated you was prepared to enlist
volunteers —that you would  enlist volunteers after the speaking had closed; and was it not immediately after you had so
spoken that Dr. Horton began to make his speech, and did you not
think it improper for you to attempt to enlist volunteers between
speaking?
Answer-I did say that I would make out the enlistment rolls
of any that might desire to volunteer at the close of the speeches,
and Horton began speaking as soon as I had made that statement 
I thought that if Jetmore's competitor, who was present, desired: to
reply, it would be no more than fair to wait until he had spoken.
I had no expectation or knowledge that Horton intended to speak.
JOHN PHIPPS.
WILLIAM FRASH (BLACKFORD COUNTY) SWORN.
General question in chief by Mr. BAKER —
Answer-My name is William Frash; aged fifty-four years; by
occupation a merchant; reside at Hartford City, in Blackford
county.
Question by Mr. BAKER  Do you know any thing about the draft-box being mashed at
Hartford City, on or about the 6th of October last, and, if so, state
it?
Answer-I saw the box destroyed, together with  the ballots'
which were in it.  I was Provost Marshal, and, as it was my duty,
I was in the court house about one o'clock, in company with
Goodin, in charge of the draft-box. We had placed three ballots
in the box when Peter Kamer, who had been selected by the Commissioner to draw the ballots, refused to serve, and Sheriff Brickley
remarked, that if he could not act by authority he would have
nothing to do with it. A rumor had gained currency that it was
the sheriff's place to do the drawing; but I explained that it was
my place to do so, and voices cried out, "let the right one do it."
Before this, Sheriff Brickley had agreed with myself'and the Commissioner and Kamer to stand by and see the drafting fairly done.
After the three ballots were placed in the box he refused to have any
thing further to do with it, unless he could do it officially, and then
Kamer refused.  I then asked Brickley who was the proper one to
do it-me or him. He answered, that he was. I replied, " I think
I am, and I am going to make the draft." Brickley then left, and I
did not see him afterward as I recollect of. In fifteen or twenty
minutes a     fterward, Jesse Williams came in and broke the box by
mashing it on the floor and stamping it. Whereupon a general
hurrah and hallooing commenced in the court house. Williams,
154 
155
after breaking the box, attempted to strike at me with a club, and
was prevented (as I was informed) by Chris. Clapper, who held his
arm. Michael Daugherty, at this time, stood in front of Williams
and forbade his striking me, holding a cane up to protect me,
when Frank. Taughinbaugh pushed Daugherty's cane out of the
way. At this moment John Diskey whispered to me that I was in
danger, and advised me to leave.  When I was gathering up the
enrollment lists Williams snatched one of them and started out of
the house, the greater part of the crowd following him.  I found I
could do nothing and went home.
Question by Mr. BAKER  How many persons were there in the house at the time the box
was mashed?
Answer-I should think forty or fifty.
Question by Mr. BAKER  Give the names of those who were present.
Answer-Abraham Stahl, Madison Garret, Leander Tarr, Chris.
Clapper, Allen Ward, William Gabel, and others I do not remember.
Question by Mr. BAKER  Why did you ask Brickley to stand by and see the thing fairly
done?
Answer-Because Brickley and Kamer were identified as Democrats, and in order to satisfy their party. Kamer was to draw the
tickets and Brickley to see it done.
Question by Mr. GREGORY  Did you hear any one speak of resisting the draft in the forenoon
of that day?
Answer-John Diskey said there would be no draft that day;
and one of the Williams' said the same.
CROSS EXAMINATION.
Question by Mr. SHOAFFWhat did Williams say when he mashed the box?
Answer-I don't know any thing; only he cursed and swore.
Question by Mr. SHOAFFDid you consider him intoxicated or not?
Answer-I considered him intoxicated.
Question by Mr. SHOAFF 
156
Did any one, beside Williams, to your knowledge, interfere to
break the draft-box; and, if so, who were they?
Answer-Williams alone broke the box, and immediately after
it was broken others kicked the pieces of the box with a general
hurrah among them.
Question by MAr. SHOAFF  Was there any Republican or Union men in the court house at
the time?
Answer-There was some there, but I only recognized two.
Question by Mr. SHIOAFF  Are you sure that the hurrahing was done exclusively by
Democrats?
Answer-You may have it so.
Question by Mr. GREGORY  What is your politics?
Answer- I always was a Democrat, and acted with that party
ever since I had a vote; and voted for Douglas.
Question by Mr. SHOAFF  Did you vote the Republican, or so-called Union ticket, at the
last election?
Answer-I voted the Union ticket throughout.
W. FRASH.
CHRISTOPHER CLAPPER (BLAcKFORD COUNTY) SWORN.
General question in chief by Mr. BAKER  My name is Christopher Clapper; aged thirty years; residence
Blackford county, Indiana.
Question by Mr. BAKFR  Do you know any thing about the draft-box being destroyed at
Hartford City, on or about the sixth of October last; and, if so,
state what you know about it?
Answer-I was in the room when the box was broken. There
was some excitement in the house; Brickley, the sheriff; claiming
that he had the right to do the drafting.  Brickley had told me
that morning, before they went in to draft, that unless he could 
157 
act as an officer according to the first order, he would have nothing
to do with tit; and just before we entered the room Mr. Kamer
informed me that he and Brickley had agreed that they were to
assist each other; and were there about the time the tickets were to
be put in. Brickley left the stand first, and was followed soon
after by Kamer.  Then Goodin (Commissioner) passed around the
crowd huuting some one to occupy that post, when he was met
by Andy Williams, who said to him, "If you undertake to draft
a man here to-day, we will take you out and not leave an inch
of your body."  Shortly after I saw the box go up above the
people's heads. I did not see who done it; but as it struck the
floor I saw Jesse Williams jump on it, and stamp it; at which
time  there wvas cheering and hallooing in the house.  Jesse
Williams then seized one of the legs of the drafting machine, and
was in the act of striking William Frash, when I caught his arm.
Jesse Williams then snatched one of the enrollment Jists, and
started for the door with it in his hand. Shortly after he went out
of the room-the crowd left the 14ouse.  I left, then, for home, a
few minutes afterward.
Question by Mr. BAKEIR   State the names of all those you remember being present at
the time the draft-box was broken, beside those you have men tioned?
Answer-Peter Kamer (nephew of the Kamer I have named)
and Allen Ward.  I cannot positively state as to the names of
any others being present-at that time.
Question by Mr. BAKER   Give the names of all those who you remember being there in
the crowd, during the time they were preparing to draft?
Answer-Beside all those I have already mentioned, John
Daugherty, Thomas Daugherty, and another Daugherty, John
McManamon, Franklin M. Taughinbaugh, Jacob Clapper, Henry
Snider, William Clapper, Henry Huffman, and John Diskey.
Question by Mr. BAKER  Did the crowd, or any part of it, in the court house, at the time
the box was destroyed, seem to uphold Williams in destroying
the box?
Answer-There were cheers in various parts of  the house,
hurrahing for Jeff. Davis and the:,'Southern  Confederacy, but I
am not able to state who done it.
Question by Mr. BAKER 
158
What is your politics? 
Answer-I have voted the Democratic ticket; and voted that
ticket at the last election.
Question by Mr. FERRIs  Were there quite a number of Republicans present in the house
when the draft-box was broken?
Answer-There were some present.                       4,
Question by Mr. FERRIS'Now, can you state positively, whether it was the Democrats
or Republicans who were hallooing?
Answer-I can not.  With the exception of Williams, I can
not tell whether they were Democrats or Republicans.
Question by Mr. FERRIS  Was there any active demonstrations, in opposition to the draft,
made by any one present except the two Williams'?
Answer-There was not.
Question by Mr. FERRIS   What do youi know in regald to the impression among  the
Democrats there, that none but Demnocrats were to be d.rafted in
that county; and what did you hear Republicans say in regard
to the matter?
Objected to by Mr. MORGAN.
Answer-I heard several Democrats say they  (meaning  the
Republicans) intended to draft all Democrats.  I heard no Repub
licans say any thing of the sort.
Question by Mr. FERRIs   Did Frash, the Provost Marshal, or Goodin, the Commrissioner, at
or before the disturbance, make any effort whatever to preserve
order or enforce the draft, or call upon the bystanders to protect
them in the performance of their duties?
Answer-One of the three-Frash, Brickley or Goodin-called
for "order," some ten or fifteen minutes before  the box  was
mashed, and it is my impression that Brickley made the call. I
heard no further call.
CHRISTOPHER CLAPPER. 
159
DWIGHT KLINCK (WELLS COUNTY) SWORN.
General question in chief by Mr. MORGAN  Answer-My name is Dwight Klinck; aged twenty-seven years;
reside at Bluffton, Wells county; and am at present engaged in the
Banking business; have resided in Wells county about two years
and three months.
Question by Mr. MORGAN  Are you acquainted with John Phipps, and, if so, how long have
you been acquainted with him?
Answer-I have been acquainted with him about one year.
Question by Mr. MORGAN  Are you acquainted with his general character?
Answer-I am.
Question by Mr. MORGAN  Is it good or bad?
Answer-It is good.
CROSS EXAMINATION.
Question by Mr. LASSELLE —
How far do you live from Mr. Phipps?
Answer-About two miles.
Question by Mr. LASSELLE  Have you taken any pains to inquire as to his character?
Answer-I have sir; considerable.
Question by Mr. LASSELILE  When did you make these inquiries?
Answer-Since his character came in question on account of
Phipps' affidavit against Dr. Horton.
Question by Mr. LASSELLE  In what neighborhood did that question as to the character of
Mr. Phipps arise?
Answer-In Bluffton and vicinity.
Question by Mr. LASSELLE  Did you not confine these inquiries to the political friends of Mr.
Phipps and yourself?
Answer-I think I did not.
Question by Mr. LASSELLE  Can you name any persons not belonging to your party, of whom
you made such inquiry?
Answer-I could not particularly, as my inquiry was general. 
160
Question by Mr. LASSELLE  State if you have not heard in the neighborhood of Phipps, that
he had been charged or convicted of perjury?
Answer-Mr. Phipps told me himself that at Vicksburgh, Miss.,
he was charged with perjury, and duly acquitted.
Question by Mr. LASSELLE  Did Phipps make his affidavit against Horton before you, and if
so, what did he do with it?
Answer-He made the affidavit before me as Notary Public, and
I left it in his hands.
Question by Mr. LASSELLE  Did you or did you not at any time retain that affidavit in your
hands?
Answer-I left it ill the possession of Phipps and T. W. Wilson.
It was in Wilson's office that I wrote it.  I don't know which one
tookl it.
Question by Mr. LASSELLE  Did you not at the time tell Phipps that you would retain the
affidavit and have it sent to Marshal Rose?
Answer —I am quite sure I did not.
DWIGHIT KLINCK.
JAMES CROSBIE (WELLS COUNTY) SWORN.
General Question in chief by Mr. MORGAN  Answer-My name is James Crosbie; aged forty-two years;
occupation a farmer, and reside in Wells county, Indiana.
Question by Mr. MORGAN  Do you know John Phipps, and are you acquainted with his
general moral character?
Answer-I am not much acquainted with him personally.  I
have known him personally since the first of October last. He has
a good moral character so far as I know.
Question by Mr. BAKER  Are you acquainted with Dr. Horton?
Answer-Yes sir.
Question by Mr. BAKER 
16:1.
Had you ever heard him say any thing in opposition to the war'
or against enlistments prior to his arrest?
Answer- Yes; I heard him make a speech in Nottingham township, Wells county, on the evening of October the second, 1862, in
which hlie said, "Mr. Phipps has asked you to volunteer. Did he
get any? No, not one. You was not going to volunteer under
such a policy. I always knew that this was an Abolition war;
and since the Proclamation of the President it has topped it with
the Abolition climax. He then proceeded to reply to the speech of
Jetmore, defending Voorhees' speech, said where is the Democrat
but what would do the same thing-stand up between the tax
payer and the tax gatherer. You are earning your money by the
sweat of your brow, and they are stealing it from you." Dr. Horton
did not rise to address this meeting until after the conclusion of
Jetmore's speech and the appeal of Phipps for volunteers was over.
He passed to the stand to speak, from one to three minutes
after Phipps had concluded, and no volunteers offered.  In the
speech of Horton, I will add, he also said (holding a paper in his
hand wrapped up as a ballot) we will kill off the Abolitionists with
these (meaning the ballots), reinstate the Democratic party, and go
South and shoot down the Rebels with bullets.
CROSS EXAMINATION.
Question by Mr. SHOAFF  Did Dr. Horton, in the speech you allude to, denounce the policy
of the war, or the war itself?
Answer-So far as I understood him, it was the policy of the
war.
JAMES CROSBIE.
ABRAHAM STAHL (BLACKFORD COUNTY) SWORN.
General question in chief by Mr. MORGAN-            4
My name is' Abraham Stahl; aged fifty-three years; occupation
a farmer; and reside in Blackford county, Indiana.
Question by Mr. MORGAN    C. A. A.-11
I
I 
162
State what you know about the draft-box being mashed, at
Hartford City, and who participated in it?
Answer-On the sixth of October, the day of the attempted
draft, I was in the court house. While they were making preparations a dispute arose between Sheriff Brickley and Flash, Provost
Marshall, as to which of them should place the tickets in the box.
During the dispute, Brickley asked,Frash which had the right to
place the tickets in the box, and Frash answered that he had the
right —that Stanton's order was superceded by that of Governor
Morton. Brickley then left the stand, having said that he would
have nothing more to do with it. When the box was mashed I
heard the crash, but did not see who done it.  When the box was
mashed there was hallooing and cheering in the house. I saw
Jesse Williams with a piece of the box in his hands. I can not
designate the persons who hallooed and cheered.
Question by Mr. FERRIS  Did you see any body making demonstrations there except the
Williams'?
Answer-I did not.
ABRAHAM STAHL.
ALLEN WARD (BLACKFORD COUNTY) SWORN.
General question in chief by Mr. MORGAN  My name is Allen Ward; aged thirty-six years; reside in Blackford county; and by occupation a farmer.
Question by Mr. MORGAN  State what you know about resisting and mashing the draftbox at Hartford City?
Answer —-I was present at the time the preparations for the
draft were being made. When the draft-box was brought in the
question arose as who should do the drafting, Brickley contending
that he had' the right to do it under the first order, and Provost
Marshal Frash claiming that he should do it. Brickley was willing
to go on with it under the first order. On the second order Frash
claimed it. Brickley then refused to do it on them terms. After 
163
two or three of the tickets were put in John Daugherty kicked the
box over; then Jesse Williams kicked it two or three times, and
then gathered it and threw it up to the ceiling. After it fell down
they jumped on it, and stamped it all to pieces. Then Jesse
Williams drew a leg off the frame and attempted to strike Frash.
when Christopher Clapper caught his arm. After the box was
torn to pieces they commenced their hallooing.
Question by Mr. MORGAN  Who did you see engaged in stamping on the box?
Answei-I saw Jesse Williams, Andrew Williams, John Daugherty, Thomas Daugherty, John Vanhorn, and Bluford Mills.
Question by Mr. MoRGAN —
Who did you see hallooing, cheering and stamping on the floor?
Answer-Besides these I have named, I saw Leander Tarr,
Daniel Watson, Huey Lyons, John Miller, Henry Snider, and
John P. Garr.
CROSS EXAMINATION.
Question by Mr; FERRIs  What is your politics?
Answer-I am a Republican.
Question by Mr. FERRIS  How many men were there in the court house when the draftbox was mashed?
answer-About a hundred.
Question by Mr. FERRIS  Do you swear positively that Jesse Williams, Andrew Williams,
John and Thomas Daugherty, John Vanhorne, and Bluford Mills,
were each of them engaged in stamping the box and throwing
the pieces around?
Answer-Yes, sir.
lestion by Mr. FERRIS    )w much was the box broken; into how many pieces?
iswer-The rim was broken into two pieces, and each head
into the same number of pieces-I am positive.
Question by Mr. FERRIS  Who did you see throwing the pieces around?
Answer-I can not name any person.
Question by Mr. FERRIS  Name the person you know you saw stamping the box? 
164
Answer-I saw Jess. Williams.  He is the only one I can swear
I saw stamping the box.
Question by Mr. FERRIs  If you stated that any person except Williams stamped on the
box or the pieces, was that true?
Answer- To be certain, Jess. Williams was the only person I
saw stamping the box or the pieces.
Question by Mr. FERRIs  Could you have heard it, had any one hurrahed for Jeff. Davis
before the crowd left the court house?
Answer Yes, I could.
Question by Mr. FERRIs  Was there any hallooing for Jeff. Davis in the house?
Answer-If there was I did not hear it.
Question by Mr. FERRIS  If you swore that any of the six men you named besides Williams was engaged in throwing around the pieces of the box, was
that statement true?
Answer-I saw none but Williams have hold of the box or any
of the pieces.
Question by Mr. FERRIS  If you stated that Leander Tarr, Daniel Watson, Henry Snider,
John P. Garr, and John Miller were there hallooing, was that statement true?
Answer-I can not be positive that every one of them was.
Question by Mr. FERRIS   Was there any stamping done in the room that you know of
except that done on the box?
Answer-None that I could name.
Question by Mr. FERRIS   Now if you stated that any person except Williams was engaged
in stamping on the floor, was that statement true?
Answer-I saw John Doherty and Bluford Mills jumping up and
down on the floor.
Question by -Ir. FERRIs   Do you state positively that any one present in the court house
really hallooed but John Doherty and Bluford Mills?
Answer-Not to be positive, I could not.
ALLEN WARD.
ca 
I N D A sX.
A
PAGE.
Armstrong, William............................................................................. 50
B
Brickley, Andrew..............4...................................................2
Bethel, Thomas F............................................................................... 82
Baird, James C............................................................................... 86
Bailey, Callum H............................................................................... 9t
Bowen, Newton M..............................                108
* Bowen, Hobbs D.................................................................... 110
C
Clapper, Jacob............................................................................... 59
Cole, Thomas P................................................................................ 81
Cornwell,'Burwell H.................................................... 97
Claypoole, Hon. Solomon....................................................................... 100
Constable, Hon. Charles H........................................................................111
Campbell, William B......... 1....................................................47
Clapper, Christopher........................................................................... 156
Crosbie, James..................................................................160
D
Daugherty, Thomas............................................................................ 51
Dufour, Franklin............................................................................ 64
Delong, Alexander............................................................................. 146
F
Freeman, Charles E.............................................................. 104
Frash, William..........................................................:..................;.... 154
G
Goldenburg, Charles............................................................................. 71
Green, A   m       o      s............................................................................92 
166
H
Horten, Dr. Theodore..........................................................31
Hurst, John W................................................................................... 84
Haub, HIenry................................................................................... 91
J
Jones, Calvin................................................................ 88
K
Kyle, George H................................................................................. 62
Kilgoro, John E.....................................................................69
Kintoer, Jacob L....................................................................78
Klinck, Dwight................................................................................. 159
L
Longfellow, Thomas.........................................................
Lyon, Elihu.....................................................................................
Lozier, George M..............................................................................
Logsden, Samuel...............................................................................
Latshaw, William D............................................................................
m
Mc~Ianamon, John............................................................ 53
Mills, Bluford................................................................... 57
Miller, John................................................................................... 6
Mills, James S................................................................................. 87
MIcHenry, William.......................:9.....................................90
McLean, William B.............................................................................. 101
Mitchell, John R.................................................................. 118
Minority Report................................................................................ 122
N
Nicklin, Benjamin S............................................................................ 148
.p
Phipps, John........................................................................ 150
R
Reynolds, Hon. Harris................................................... 106
Schull, Dr. William T......................................................... 55
Snider, Henry................................................................................. 61
Slater, Hon. Richard D... 74
Stewart, William H................................................   96
Sproule, Robert S............................................................117
Stahl, Abraham............................................................................. 161
Schmied, Charles............................................................................... 70
58
48
76
89
99
8 
167
T
Taughinbaugh, Frank. M.......................................................... 46
Tarr, Leander................................................................................. 56
Tate, John......................................................................................  77
V
Vanhorn, John H............................................................................. 52
w
Ward, Allen.....................................................................................   162
Watson, Daniel................................................................................. 58
z
Zook, Henry E................................................................  67 
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