The Weekly Standard from Raleigh, North Carolina • Page 2

taking np arms against 'the United SUtca until relieved of the obligation of this parole. By command of Brig. Gun. D. B.

Fby, J. B. DON NAN, Major A. A. G.

Head Qvuntss, U. "8. Forces, TaOaluutm, May IS, Vibe ttndoinlgaed, J. H. Goe, a Major of the lit 1 i'lbrida Infantry, do solemnly swear that I ill not bear arias against the United States of America, or give any Information, or do any military duty whatsoever uutil regularly exchanged as a priaoaef of war.

J. H. GEE, Maj. 11th Flo. Kegt DESCftirrios: 5 ft S4 inches; hair, light; eyes, grey complexion, light.

I certify that the above, parole was given by me on the date above written on the following condi-. lions: The above named person is allowed to return to his borne, not to be disturbed by the military authorities thi; United States, so long as lie observes this parole and obeys the hiws which were in fores previous the 1st of January, 1801, wiiere he resided. By order of Brig. Gen, E. M.

McCook, (Surned) G. W. BUKN3, Capt and Pror. Marshal. ANSWER BT THE JUDGE ADVOCATE.

if AY IT PtK THB C0MMI8SI0H The plea of the prisoner in bar of his trial by thu Court, upon the cUarges presented, is to the eflVct that, on the Jittt day of April 186, the Con-fed jrate forces east of the Mississippi River, surrendered to Maj. Gen. Sherman, commandiug the United States army in North Carolina, that by the ter.ns of such surrender, all officers and men of such forces were permitted to return to their homes, there to remain nndisturbed by the United authorities, so as they observed the terus of said convention and the laws in force wluffe they might reside; and the prisoner claims that he Was an officer in such forces and entitled to all the benents of said Convention, which by its terms, he further claims, he having accepted and complied with them, bar any prosecution before this Court for any offense committed by him previous to -said Convention. Thcso facts, as 8tuW by the defense, arc admitted by the prosecution, saving and excepting the fact, as claimed, that the terms of the said convention insured protect! en to any officer or man surrendered, for any acts, beyond those committed in fighting the battles of the rebellion in strict conlonuity with the laws and easterns of war. It is claimed by the prosecution that if there had been no convention, the competency of this tribunal for the trial of the upon the charges presented would be beyond question.

(Valtel, Book 3rd, sec. 141 Martens, Book 8th, chap. 3rd, sec. Digest of the opinion of the Judgo Advocate General, page 100, sec And it is further claimed by the prosecution, that the Baid convention was held and terms made by ihe representative of the government under tile general instructions foathe troops in the Held, by Leiber, promulgated in General Orders, No. 100, series of 1803, and that therein It is expressly laid down that a soldier surrendering as a prisoner of war, shall not be protected from the consequences of any act in violation of the of war, and that, therefore, the faith and honor of the government, by this Convention is only pledged not to disturb officer or man, entitled to the benefit of its terms, for any act of hostility or war properly waged and that the terras of said Convention offer no further protec-tien; and that, therefore, the prisoner stands, in the matter of these charges of offenses in violation of the laws of war, entirely beyond any protection he could demand as an honorable soldier.

And, further, the prosecution calls the attention of the Commission to the case of Wirz, recently tried at Washington, and claims that it is a direct parallel to this case. The prisoner in that casevras a membir of the force surrendered under the terms of this same Convention, and, consequently, the faith of the government was pledged hiia as fully as to others who surrendered at that time; and further, that upon the trial of the said Wirz, the general amnesty proclamation and the terms of this Convention were plead in bar, and the Commission overruled the plea, on the grounds hereinbefore stated; and the prosecution cites that case as a precedent. And, further, the prosecution submits to the Commission the opinions of the Attorney-General, cited bv the defence. Here the Judge Advocate read the opinion of the Attorney-Geueral, alluded to, the length of which would occupy more space tnan we could spare, and is omitted because it is a matter of reco-d and has heen published in the newspapers throughout the country. And the prosecution claims that the language particularly cited by the defense, does not apply in this case.

The crimes there referred to, being acts of treason, but not in violation of the laws of war. And such crimes the prosecution does not claim the prisoner could be called upon to answer before this Court. And further, that in this opinion the Attorney-General holds this language Wben thus peace shall have come, in fact and in law, the persons now held in military custody, as prisoners of war, and who may not have been tried and convicted for offences against the laws ot war, should be traufurred iuto the custody ol' the civil authorities of the proper district, to be tried for such high crimes and misdemeanors as may be alleged against them." This language is conclusive as to the jurisdiction of the Court in the case of this person, now held in the- military custody, as a prisoner of war, and charged with offenses against the laws of war. The strongest point of the defense is entirely omitted which is, that, whatever was the mean- Ing of tUe clause in the terms of the Convention, upon wiiich the prisoner relied for safety, and which he now pleads in bar, the langnage certainly was, that he conld go to his home and there remain undisturbed. And certainly the prisoner's acU show that he construed the words iu their broadest sense, and believed himself secure.

It ran be admitted that the prisoner has acted in good faith towards the Government, since his parole, relying implicitly thereon for his safety; and while it is believed that there is no lepil impediment to the trial of the prisoner by this Court, yet, per aaps, there are considerations affecting this case which reach a point of honor. If the Court should so hold, then certainly the prayer of the prisoner should be granted and the case referred to the authorities at Washington. Mr. Holland, for the defence, made a few remarks iu support of the plea in bar, and in reply to the answer of the Judge Advocate, he said "The Judge Advocate having denied some of the iacts which have been pleaded by the prisoner, the prisoner now asks to be allowed to summon witnesses to prove his pica and all the facts therein set forth, and denies the right or authority of the Jndgc Advocate to use his argument as evi-. deuce agianst the plea in bar, or that it should or can be dc-jied by other than the introduction of witnesses who, after being heard and all the evidence introduced, argument is then heard on both sidc3.

And further, that the evidence introduced from the newspaper does not show that Wirz ever was paroled. This point we deny, and still deny, and ask the record may be produced from Bureau of Military Justice, at Washington; and the accused here asks for such an order to issue, to bring the record before this court, to prove our pica. And he further says, that the pleas and -charges in the Herald, that were read, were not the pleas used by the case in trial. The Judge Advocate understood the defense to ask the Coart for an order to procure authorities precedents which they cite tc sustain their plea, and contended that it was the business of the defense to procure these authorities. The defense cited the case of Admiral 8emmes, now tbre the authorities at Washington, as parallel to that now before this Commission, in wuien a pica similar 10 mat offered by the prisoner here, is now under advisement by the President, and up to the date the latest informa- tion from Washington, was not decided.

Court was cleared for consideration, and a the doors being again opened the following -'decision of tbjp point at issue, was read by the Judge Advocate, as follows The Commission denies the plea in bar, of the prisoner, for the reasons following, to wit: I. That according to the laws and customs of war, and the rales laid down for the government of the armies of the United States, in the field, a prisoner of war is not protected from the punish-ment of crimes committed violation of the laws and customs of war, (committed before he was captured,) and for which he has not already been punished by his own n. That the terms of the Convention for the capitulation of the Insurgent forces, as set forth in the said plea, of the said prisoner, and the pa- role of the said prisoner, under the same, are not Aot be construed as affecting the status of the ald prisoner, as a prisoner of war, answerable to 4he law, as before set forth." The (j'omuel for the defense then asked time inepa.ro auother plea in bar, whereupon the Court took a recess of fifteen minutes. Upon reassunbling, the defense read a plea la bar, based upon the President's proclamation of Amnesty; The Judge Advocate, desired time to prepare his answer to the second plea, whereupon the Court adjourned to 10 o'clock this morning. We will endeavor to give this second plea in bar, and the answer of the Judge Advocate thereto, to-morrow.

Wherever the word Court" occurs in these reports, please read Commission." "THIRD DAT, Pbidat, Feb. 23d 1806. The Conrt met pursuant to adjournment-all the members present. The Judge Advocate read tig answer to the second plea in bar, offered by the defense on yesterday. The plea and answer are as follows PLEA IN Bi.B Ot TRIAL BT TUB DEFEHSB.

The said John H. Gee pleads In bar to his trial before this Commission on the ground of want of jurisdiction.and assigns the following for cause that the President of the United States did issue, during the year, A. 1865, a proclamation of pardon and amnesty under and by virtue of the overs in him vested by the constitution and iws of the United States, and. in said proclamation, did grant full amnesty and pardon to persons engaged in the late rebellion against tjie United States, upon certain conditions, and upon taking a certain oath therein prescribed. And the" said John H.

Gee says, that he was and is included in the said proclamation of the President of the United States and that he did comply with all the condition of said proclamation, and that he is not and lias not been excluded from availing himself of ie benefits thereof and that he has been fully by the President of the United States and that ou the 21st day of August, A. I860, he did take the th in said proclamation prescribed by the President of the United States, before one Edward Plase. Captain 2nd U. S. C.

and commandiug the United States post at Quin-cy, Florida, in the county of Gadsden, which said Oath, commonly known as the amnesty oath, he here produces to the Court, and shows as the evidence of his pardon by the President of the United States. And the said John H. Gee denies that he is excepted from the terms of said pardon of the President of the United States, and that the said amnesty oath is evidence of his pardon, ana prima ode evidence of his being included in said par-don and that this Conrt has not the jurisdiction to enquire into or deny his right to be included in said pardon.but that if such was could only be done by the President of the United States, or by a civil tribunal. And this he pleads to the jurisdiction of the Court; not thereby admitting any of the charges or specifications in this case but denying the same. JNO.

H. GEE. AJJSWEB BT THE JUDGE ADVOCATE. The prisoner comes into Court and reads a second time, in bar, to the jurisdiction of the said Court, ind ground for said plea in bar alleges that hi is and has been pardoned by the proclamation of the President of the United States, and that having said pardon, he is not liable to arraignment and trial before this Court. For answer to said plea, it would be sufficient to say, that the prisoner has no right to enter two pleas in bar to the jurisdiction.

The matter contained in this pica, should have been embraced, as a second count, in his original but this objection being technical, is waived, us it is the intention of the Government to try this cose upon its merits The Persident's proclamation of the 29th May, 1SG3, contains various exceptions, the sixth of which is as follows ''All who have engaged iu any way in the treating otherwise than lawfully prisoners of war persons found in the United States service, as officers, soldiers, seamen, or in other capacities," clearly showing that the President did not intend to pardon any man who was charged with the offenses for which the prisoner is arraigned. Had the President wished to form an exception in his proclamation, for the purpose of excluding the prisoner from pardon, he could not have formed one that would more completely exclude him than this sixth exception does. In support of this view, it is only necessary to read to the Court the explanatory note accompanying the prisoner's oath of amnesty. This note reads as follows N. B.

The taking of the above oath does not operate as a pardon in cases where the person taking it is included in any of the exceptions enumerated in the President Amnesty Proclamation. Snch persons must receive the special pardon of the President, to facilitate which, the previous recommendation of the Provisional Governor ought generally to be first obtained. The petition for pardon ought to be accompanied by an original oath, signed by the party or officer administering it." The assumption that the oath of amnesty is a pardon, is a wonderful assumption, since every man ceuldtake the oath with or without the pardon. And this assumption is still more wonderful when taken in connection with the fact that on the prisoner's oath, here presented, is a statement that the original oath ought to accompany the petition for pardon. It Is well known that the President refuses to entertain applications for pardon, unless the petitioner has taken the amnesty oath and forwards it with his petition.

If the prisoner has a pardon from the President, it is insisted that he must produce it. The plea being deficient in law, and having no merit to sustain it, ought to be dismissed. After some debate on the points raised in the plea and answer, the Court was cleared, and when the doors were again opened, ti'6 decision of the Court was announced as adverse to the plea. The prisoner was then arraigned on the charges and specifications, pleaded and not guilty to each separately. Jno.

Milton Brawley sworn lives in Rowan county was in Confederate service in 1864, was mustered in in the month of June went to Salisbury about the 5th October, remained there and at other places in the county 'till April '65 was Captain in Hoke's regiment there was a prison at Salisbury for confinement of Federal prisoners thinks 8 or 9,000, dont know precisely Maj. Gee was in command, I understood I acted as officer of the day several times received orders from the officer of the day before if further instructions were needed I went to Maj. Gee for them. When I acted as officer of the day the instructions were to keep the prisoners inside, to keep them from collecting in large squads, and if they attempted to break to halt them, and if they did not halt to shoot them in to provisions my understanding was to let none go in met Maj. Gee at gate one when a prisoner was goiug in with something tied up in a blanket, felt it and it seemed to be leaves, understood the Major to say he wanted it examined tlosely, as it might be liquor or something of the kind in the blanket I don't know that I can tell what rations were issued we drawed at first what wasjcallcd full rations, about a pound or the rise, of flour and about the same of meat, drew rice occasionally, don't recollect anythiug else, except we drew molasses when we had no meat.

Don't know what rations the prisoner received. Question. Describe the condition of the prison. Answer. The place was toosmallfortheamount of men, and after the weather set In bad, it was very muddy can't tell as to clothing they had some tents some dug holes in the ground there were some houses in the grounds about 18 to 10 died daily, nearer the smaller number they were taken to the dead-house when they died I sometimes visited the dead-house.

Q. What was the condition of the dead-house and of the bodies deposited them. Defense objected to the question on ths gronnd, the subject matter is not alledged in either of the specifications, there is no specification charging Inhumanity to the dead, and read authority to show the necessity of strict adherence to the specific charges and specifications set forth in the allegation. The Judge Advocate contended that the charge and specifications alleged general wrong cruelty and i-ihumanity, done to the prisoners, and he had a right therefore, to prove any act establishing the fact of general inhumanity. The Court, after private consultation, decided that the objection of the defense be sustained.

Examination resumed. This dead house was not far from the centre of the prison thfc doors were open toe times I was Q. 8tate how-the dead were placed in thi house, and how they were taken therefrom. Objected to by the defense on the ground of ihe last objection." 1 The Judge Advocate contended that the treat- ment of the deadin the presenee of the living, was calculated to inflict wrong upon them, and" was therefore 'After private consultation the doors were again opened, and the opinion of the Conrt announced that the'objection was sustained. Examination resumed.

5 Don't know what amount of rations or wood was allowed the prisoners the wood was brought on he railroad it was cut by the guard, most of the time can't say that wood is scarce in that country it is generally well wooded the wood was '-taken in, part in wagons and part by the prison-' ers it was generally split, some large and some small, a man might carry the largest sticks can't say that I knew the condition of the wells in the. prison. I was near there at the time 01 the out-, break I was out.gctting timber for our shanties first I heard was the firing I was a mile or a mile and half from the camp I came as fast as I could. My Company was ordered to the lower canon when I got where the company was the firing had ceased I saw men, (guards) on the platform1 the prisoners mostly were lying down, Some in the holes there was little or no firing after I got there they were done firing, I think. I heard three artillery shots I did not go into the prison that eveuing I saw some of the priso-.

ners from the parapet, supposed to be dead don't know how many. In regard to prisoners gathering in groups, the orders were, to tell them to disperse and if they did not to fire among them'. I don't know how many prisoners were there when I first went there suppose a thousand or fifteen hundred they were prisoners of war and some rebel prisoners afterwards there were, I think, some six or seven thousand brought there most of these remained till February, I think were then taken to Greensboro', don't know how many were taken there I suppose there were some 5,000. Don't know that any were sent from Salisbury to any other place. 65th regiment N.

were there and Hoke's regiment of Reserves, and Moss's, also Copeny's troops an Freeman's battullion. When these troops left Salisbury, they were guarded by a portion of all the commands there as guards. On one side of this prison there were two stock ades, between which were sheds put up for the guard also some work shops don't recollect that there was a honse there used for a hospital. The hospital for the post was near the Railroad I think I was in this building twice I was only in one room for a short time the condition ot that room was cleanly it had a number of beds tolerably well provided with bedding don't recollect that I was ever in the prison hospitals don't know how many hospitals were in the prisondon't know how often the dead house was cleaned I was officer of the day I think, three times don't know if there was any lime used in this dead house I think there was unpleasant smell arising from the dead house. The prison sinks were at the lower side of the prison enclosure where the ditches ran out.

Q. Were these sinks ever cleaned out? Objection by the defense, that there is no specification on this subject. Decided by the Court that anything showing neglect on the part of the officer in charge of the prison, affecting the sanitary condition of the prison, is relevant under the specifications. The Judge Advocate exhibited a map of the prison, the accuracy of which was neither denied or admitted by the defense, but might be used to show the relative position of the places in the: prison. There was unpleasant odor arising from th 2 sinks 1 bad no orders in regard to these sinks, to cover them, or put lime in them.

The sinks were ditches cut along the wall I don't recollect any complaint from prisoners in regard to the" condition, of these sinks. Don't recollect how much wood was allowed the soldiers ou guard it was not enough for the men. CBOSS EXAMINED. The regiment I belonged to was composed of conscripts between forty-five and fifty the officers were generally, if not all of them, old men, over forty-five I do not know certainly that Gen. Hoke was ranking officer at Salisbury in Oct, Nov.

and 1864, I think CoL Hinton was, from the fact that furloughs had to be approved by him I think CoL Hinton was senior officer first, and then CoL Hoke, during that time CoL Hinton and CoL Hoke ranked Maj. Gee, or commanded all the forces during that time they were Maj. Gee's superior officers, I thought, so far as commanding the troops were concerned If Major Gee had given me an order and Col. Hoke or Col. Hinton had countermanded it, I suppose I should have obeyed them, as commanders of the troops I don't know if Maj.

Geo could give any orders contrary to those of CoL Hoke, or Col. Hinton or Gen. Bradley T. Johnston Superior officers commanded inferior ones at the post and prison at Salisbury, of course they did. I was never engaged in active military service in the field The Confederate soldiers at Salisbury, during the time spoken of, suffered for want of shelter, fooi' and wood my regiment had something to eat every day, sometimes it was very little We drew sometimes for three days and sometimes for five, and it frequently run short We sometimes went without meat for three or four days, but when snch was the case; wc drew molasses instead can't tell how ninch molasses to each man per day perhaps a pint or may-be less this was sorghum molasses we got we usually got flour or meal with this molasses from a pound to a half pound a day these were the rations issued when we had no meat a pound or half a pound of flour or meal and a pint or less molasses don't know whether we were on this allowance half the month or not, but it was the rations which the troops got frequently can't tell whether they got it oftener than they did meat or whether they got it as often don't recollect about it exactly I think it was as common to draw these rations as to draw meat when meat was issued, don't know how much, per month, we did not draw for a month there was not less than a third of a pound of bacon per day issued, that I know of I am not' right certajn of this, but my impression (a, it was as low as that I don't think the quantity sufllcint to make a full meal for a hungry man when this small quantity of meat was isxucd the rest of the rations was sometimes a halt a pint of meal or flour.

-1 I think there were many times when the rations ssucd there for a man for a day would not make one meal for a hungry man. Was the rations issued enough to supply a healthy man and keep him in health This question was objected to by the prosecution and the objection sustained by the Court I don't think I suffered so for want of food while there as to think of running away on account of it, but I don't know what I might have come to if I had not got something from home. I think the officers drew the same rations as the privates. I could not have lived on the rations I got, part of tiie time, without suffering there was. suffering there among the Confederate to the scarcity of rations issued by" the military authorities.

The scarcity of rations was so great that when any 'of the men got provisions from home, they divided it among the troops I think their suffer-' ing required it, and they were generous enough to do It I don't know that aU the men got fond from home, besides their rations they generally Q. If it had not been for the food sent by their friends would not the men have sickened from hanger? Objected to and withdrawn. The defense asked that the witness be instructed to bring Into Court, to-morrow morning, at the eost of the prisoner, the several articles, and In the quantities named by him, as issued in ra tions to (ha troops at Salisbury, testified to by Urn in bis It was decided that the defense could introduce these 'The troops ttiere suffered for lack of wood, sometimes the guards "frequently suffered far lack of fire while on duty at the prison. I don't know that Maj. Gee and C6L Hoke took wood from the quartermaster by force the troops complained on account of lack, of wood a part of the time.

These complaints were frequent while Major Gee was there; I was not there any -other time than when he was there the guard was without shelter a good part of the winter," except some-few tents which they had. Don't know as to scarcity "of lumber, there was lumber thereto build one guard Bhelter late in the season don't recollect whether this shelter was built after Gen. Bradley T. Johnston took command there or riot; it was in December I think.it was about two months after the prisoners came there before this shelter for the guards was put up some of the troops did go home because there was no more wood nor shelter furnished them. Q.

Did not some of the troops desert during the winter, for want of food, fire and shelter Objected to as irrelevant, but afterwards admitted. -J- A. They deserted, but I do not nothat it was for this cause. I do not know that there was any lime at the post or prison. The guard con-, sisted daily of about four hundred men embracing forty posts, three reliefs to each, together with guards at the wood and water gates and at the grave-yard am mot certain of the There were about 25 men under a Lieutenant at the gate lor the purpose of escorting prisoners to the creek, where they could get and carry into the prison what water they wanted.

the conclusion of the cross examination, at half past three, p. m. the Conrt adjourned to 10 o'clock to-morrow morning. FOURTH DAT. The Court met pursuant to adjournment all the members present The Journal of the third day was read and slightly amended.

Jno. M. Brawley, the witness under examination when the Court adjourned yesterday, was again put upon the stand. Cross examination continued. The detachment at the water gate consisted of 36 men, commanded by a Lieutenant there were a sergeant and two corporals the orders given to this detachment were to convey the prisoners to the water and also to the wood pile the guard were ordered to open the gate whenever a number of prisoners offered to go and get water at the creek I am not positive whether the orders were from sunrise to dark.

We had written orders, but I cannot tell exactly what these were. It was the practice to open the gate any time 'after sunrise, when a number of prisoners presented themselves, and let them go to the creek I know that they were always allowed to do this when I was officer of the day. This creek was a half mile or less from the prison the ground descended, I think from the prison to the creek. Don't know how deep a ditch would be required to convey the" creek through or into the prison. I can't say much about Maj.

Gee's seeing that the prisoners had water. The Lieutenant had the orders to let them get water. The water gate was closed about six o'clock, or about dark the prisoners generally used barrels to convey water in the prison. I don't know that the same squad could go as often as they wished during the day don't bnow that there were orders against it If I had seen a prisoner going for water whom I bad seen going before, I had no orders to prevent his going. I nave not seen the prisoners go out in squads to gather leaves in a grove near the prison I have never seen them gather leaves.

We drew some clothes from the government, we got clothes from the sqnad master1 don't recollect when we drew it, we drew bnt a small amount some of my men drew a jacket or roundabout, pants, shirt and drawers. I think this was in January 1865, but am not positive I think so because it was a short time before the prisoners were taken away don't recollect how many of my men drew this amount of clothing, think over half drew it I don't know whether they got the amount they were entitled to by the regulations or not My regimeut was without uniform. The government issued clothing to my regiment but one time while at Salisbury our regiment was entitled to the same allowance that other troops in the Confederate service were entitled to. Camp and gar rison equipage were scarce among the troops about Salisbury can't describe the scarcity we got no axes and spades, if any were there the reason I say they were scarce is, we did not get them the company 'officers of onr company tried to get the Colonel to get them don't know that the Colonel tried to get them, he said he did. There was a ditch to drain the sink of the pris on down through an old field, and a piece of woods don't know whether it went to the creek or not there were several leaders from various parts of the prison to this main ditch.

The wit ness was here shown a diagram of the prison and pointed out the relative positions of the sink, the ditches and other points in the enclosure, but seemed not to be able to fully understand the map. When it rained, the prison was drained by the ditches, the water running through the sink and into the main ditch out of the prison. I do not know that prisoners were engaged in doing po lice duty don't know that there were a large number of persons engaged daily In cleaning up the prison don't know anything of prisoners outside being allowed to bring in wood. 7 Hero the cross examination closed and the Commission took a recess oi fifteen minutes. Direct examination resumed.

You have said that the troops suffered, at Salisbury for want of food and sheltei what do yon mean by that Answer. They had not wood enongh nor enough to eat, and were without Bhelter, I think that caused them to suffer. BT THE COUBT. Where did the prisoners lie at night, when the ground was muddy, those who hod not burrows or tents? A. I do not know.

cj. Q. Did you make tours through the grounds in the day or night, while offlcer.of the day A. I do not recollect I was in and ont Don't recollect being in the prison at the hour of tatoo. I don't know whether the rations allowed the guard on duty, were sufficient to keep a man in good health our men were generally old, feeble men cannot say whether the treatment hurt them or not J.

L. Lyerly, sworn 35 years old I have lived in the County of Rowan I was part of the time in the Confederate army (at the commencement) and was part of the time at Salisbury was assigned to duty at Salisbury acted as Clerk of the prison, under the command of Maj. Gibbs this was in the Spring of 1863, I remained as Clerk of the prison until February 1865 my duties were to keep a record of the prison the nninber received number sent away to keep a record of those who died, and to count the prisoners, or see them counted, morning and evening. I recognize the prisoner, his name is John H. Gee, he was commander of the prison at Salisbury from September 1864, till I left there in February 1865.

I understood he was assigned there by the Secretary of War, and he reported to Gen. Gardner. Gen. Gardner was Brigadier General, and Commanded Department of prisoners, that is my impression I first went to Salisbury in 1863, the prisoners were officers and "soldiers of the United States army. At the time Maj.

Gee took command in September 1864, 1 think there about, 264 prisoners, convicts and political prisoners, so well as I recollect; the first federal prisoners arrived about the 4th and 5th October, 1864, and about the 15th they all got there the number was 9081, including convicts and political prisoners, after they had all arrived. A short time after they came. there they had about 300- tents when they, first came they had no shelter the tents were furnished as soon as they could be got from Richmond. and Petersburg, perhaps within two weeks after they arrived, I do not recollect exactly the tent were of different kinds, some A. tents, some wall tenta.

When the prisoners arrived the 'number was sent to the post commissary and he furnished the rations, I don't know what arrangement he had made. It was my duty to ascertain the number of prisoners And report it to the com mander of the prison, Maj. Gee, and he gave the order for the rations the form for these requisitions was the regular form, printed; the amount; of rations I cannot tell the kind was beef, flour, meal, rice and sorghum and some bacon 4he. beef, on the whole was Inferior, it was poor; the iaeat, and sometimes the heads, tripe, livers and lights, were given the prisoners the tripe was sent in, all that I saw, with the contents emptied but the head, tripes, mentioned, sometimes were given without the other meat, and sometimes all were given Meal or flour and rice were issued to the prisoners with the meat The prisoners did not get meat daily-r-I don't know how long I hve known them to go without meat, I cannot tell I only gave the number entitled to rations-rthe rice was made into Soup by putting it in the broth of the beef, and when there was no beef it was cooked In the water alone, I suppose can't tell Uie propor tions, it was thin enough to flow into a pan woen cooked there was no regular allowance of this soup to the prisoners, they had as much as they- could use the prisoners some days received no other rations than this rice soup, I am not positive, but I think so dont know how long they were confined to this soup There was no clothing furnished the prisoners. -r There was no other shelter than the tents fur nished the prisoners of war, the political priso ners occupied the house before the others came the tents would accommodate about 5000 ol.

the. prisoners the estimate was forty men to the Sibley tents and ten to the wall tents, don't know how many to the common tents prisoners on the ground with their blankets don't know how many had that hardly half had the soil in the prison' was muddy clay.atter a rain the mud was something over shoe mouth deep, in some places deeper.and in some not so deep am not able to tell how much wood was furnished the prisoners it was of various sizes, an able- bodied man could carry the largest sticks on two occasions the rations were given the prisoners raw, because the bakery was out of repaii at these times the prisoners had nothing given them to chop their wood, the prisoners of war had an axe at the bakery. The hospital for the prison-guard was outside the prison enclosure it was considered very good, had bunks and mattresses, and comforters. Witness described the locality of this This hospital was about fifteen steps from the stockadethe prison hospitals were inside they were not so well kept I visited them so seldom that I cannot decribe them they had no bunks think they had straw on the floor I did not visit all of them. I saw three four-bo rse loads of straw unloaded inside the enclosure, that was all I remember seeing; prisoners got water partly inside and partly at a creek outside there were five wells inside the enclosure.

Q. Did the prisoners have water enough to supply tlieir wants Objected to by the defense and withdrawn. There was no water furnished the prisoners for other than drinking purposes. The prison sinks were at the south part of the enclosure, inside. Q.

What means were taken to cleanse or purify these sinks? An argument here arose as to the latitude, in regard to the time to be covered bythe examina tion, and decided to embrace the period when Maj. Gee had charge of the prison. Answer the ditch was so arranged as to be dammed up, when it rained, and filled with water, and then opened to allow the water to run out of the enclosure a strong scent arose trom tnese sinks at times don't know how far outside the enclosure it reached; did not perceive it at the commander's headquarters, which were just outside a short distance. The dead-house was near about the centre of the enclosure. Q.

How long were dead bodies allowed to re main there before being removed Objected to, on grounds urged against a simi lar question to witness, Brawley, yesterday. The question was then varied. Q. Was there any unpleasant odor arising from the dead-house? A. The scent was unpleasant in the dead-house; don't know whether from the dead or not don't know how long dead bodies were left there un buried at any one time; to my knowledge, not more than one day I mean twenty-four hours the Seargcant attending that duty, had orders to bury, during the day, all who were placed -in the dead-house; the wagons were running during the day to convey them to the grave-yard.

The average number ol deaths, per day, I cannot give, but can give the total number of deaths from the first arrival of the prisoners to the time they left. I can't answer as to the average of deaths per day I left the reports at head quarters. In FebruaryI did not return to Salisbury after this, until after the surrender of Johnston's army did not go to the prison on my return to Salisbury. The Judge Advocate asked if he would be required to prove the destruction of the records of the prison at Salisbury, before he could introduce evidence to show the contents of the records. The Court asked, if the defense would admit the loss of the record of deaths.

The defense stated, that with the concurrence of the prosecution, the destruction of the records of the prison would be admitted, but the defense was not prepared to admit the destruction of any particular port of the records unless the destruction of that particular part was clearly "proved. Resumed. Q. When did these prisoners leave Salisbury. A.

In February don't recollect what day a part of them were sent by way of Wilmington and part by Petersburg and Richmond rolls of these were made by several of the prisoners, under direction of officers of the prison I assisted about 2500 were sent by way of don't know how many by Petersburg and Richmond don't know how many left Salisbury there was such confusion and hurrying to get off, It was impossible to tell how many left don't know how many were In prison a few days before the prisoners left for Wilmington and Petersburg. If I were to guess at it I 'would say about' 5000. I have no recollection of the least number I drew rations for about that I was present at a conversation between Maj. Gee and Gen. Winder Winder was a Brig: and commanded the prison department, as.

I understandthis convensation. occurred in Maj. Gee's room. In that conversation Gen." Winder was speaking of the outbreak that had occurred in the prison! and he reprimanded Maj. Gee because he ceased firing as soon as he did; he said, if another occasion of the same kind occurred, he should not cease firing so soon." Gen.

Winder said, this was not a suitable place for 'a prison and that he, Gee, should not put the government to any more expense in fixing the prison that he was going to move the prisoners south, somewhere about Columbia, S. C. I have stated all the conversation I heard I heard nothing in the conversation of building sheds for the prisoners-r-I can't tell the day of the corversation, it was sometime In December, from the 15th to the 20th, I think-Uie prison was very muddy about that time It had been raining and the weather was cooL At this time, there was a small quantity of lumber, between 3 and 5,000 feet, belonging to the government part of this lumber was used to make shelters for the guard, and part for a work-shop. do riot know that government lumber was used to build stables tho prisoners. were Sned there don't know whether the horses of officers had straw in -their stables.

I am now engaged In lumber busloessl 60 miles from Salisbury, In Catawba on the Wes- in N. C. B. Bi This mill was used, during the Ijr.ar sawing for tfc ptvemaaA-jt had a gor-rnment contract f. S' j- It can saw 2,000 feeUday-4t was In Bmrke county during the war, miles from Morgan ten, nil mile from Salisbury? There were three other mills between this mill and Salisbury dur ing the wan-all of about the same capacity, via: 2,000 feet per day.

resource about: Salisbury for straw, wood, and lumber, are considered good-don't know where the lumber was shipped that was sawed at fhe mill I now own, during the war. 7 The duties of Maj. Gee at Salisbury, was, to order the number of the guard to guard the prison, that is to make out a requisition tor the number he wanted give the instructions to. the- officers of the day, attend to digging wells and, digging graves. Also; he gave requisition for rations for the prisoners; had water brought.

by his command don't recollect anything else. i If there was not sufficient, water to wash- out the sinks, when It rained, they were left 1 their condition until the next tain. The Court then announced that, from and after Monday, the sessions of the Court will be from 10 o'clock, a. to 8 p. ana irom 1 10 tu o'clock, p.

m.J The Court then adjonred to 10 o'clock Monday morning. 7 i REVIVAL OF PRINCIPLE Dt Ni- TI0N1L POLITICS GREAT OF PEESIDEJfT J0H5SO5. -V On the procession reaching the' Executive Mansion, an immense crowd had preceded it, FendalL the President of the meetings and the following gentlemen of the committee, viz: Messrs. YV m. JL.

Hodge, Dr. John B. Blake, Chas. Knap, James G. Berret, J.

1. Jloover, Ihos. U. Florence, Wendell, Jos. H.

Bradley, J. C. Mc- Guire, Ward H. Lamon, Augustus E. Perrv.

John F. Covle. and Wrr TV Spalding presented to the President the resolutions which had passed the meeting, vath a brief and pertinent ad dress Irom Jur. endall, in which he informed him that the assembly had adjourned to the Presidential Mansion to pay their respects to him. The.

Presi dent was then formally conducted bv Mr. Fendall and the gentlemen named above, accompanied by CoL O'Beirne, Uol. Keeves and others of his household, to the front portico, from whence silence having been obtained in the vast assemblage, through the efforts of the Honorable Green Clay Smith, who stood with the President he addressed them substantially as follows After returning his thanks to the com' mittee which had waited upon him and presented him with the resolutions that had been adopted, the President Baid resolutions, as I understand them. are complimentary of the policy which has been adopted and pursued by the Administration since it came into pow er. I am free to say to you on this occasion that it is extremely gratifying to me to know that so large a portion of our fellow-citizens endorse the policy 1 -1- 1 1 1 3 1 1 wnicu nan ueeu auopreu ana wuicn is intended to be carried Great ap plause.

1 This policy has been one which was intended to restore the glorious Union to bring those great States, now the subject of controversy, to their original relations to the Government of the United States. And this seems to be a day peculiarly appropriate for such a manifestation as this the day that gave birth to him who founded the Government that gave birth to the Father of our Country that gave birth to him who stood at the portal when all these States entered into this glorious Confederacy. I say that the day is peculiarly appropriate to the endorsement of measures for the restoration of the Union that was founded by the Father of his Country. Washington, whose name this city bears, is embalmed in the hearts of all who love their Government. A voice-, So is Andy Johnson," and applause.

Washington, in the language of his eu-. logists, was first in peace, first in war, and first in the hearts of his countrymen. No people can claim him no nation can appropriate him. His eminence is acknowledged throughout the civilized world by all those who love free government. I have had the pleasure of a visit from the association which has been directing its efforts towards the completion of a monument erected to his name.

I was prepared to meet them and give them my humble influence and countenance in aid of the work. the mon-. mnent be erected to him who founded the Government, and that almost within the throw of a stone from the spot from which now address you. Let it be completed. Applause.

Let the pledges all these States and corporations and associations have put in that monument be preserved as an earnest of our faith in and love of this Union, and let the monument be completed. And in connection with Washington, in speaking of the pledges that have been placed in that monument, let me refer to one from my own State God bless her which has struggled for the preservation of this Union in the fild and in councils of the nation. Let me repeat, that she now is struggling in consequence of an innovation that has taken place in re-. gard to her relation with the Federal Government, growing out the rebellion she is now struggling to renew her relations with this government and take the stand which she had occupied since 1196. Let me repeat the setiment which that State inscribed upon her stone that is deposited within the monument of -freedom and in commemoration -of Washington she is struggling to stand by the sentiment inscribed on that stone and she is now willing to maintain that sentiment And what is the sentiment? i It is the sentiment which "was enunciated by the immortal and illustrious Jackson The Ffcderal Union, it must be preserved." Cheers.

Were it poa-y sible for that old man, who in statue is before me and in portrait behind me, to be called forth were'it possible to communicate with the illustrious dead, and he could be informed of the progress in the work of faction, and rebellion, and treason old man turn over in his coffin, he would rise, shake off; the habiliments of -the tomb and again extend that long arm and finger andreiterate the Bentiment before enunciated, "the Federal Union, it must be preserved." But we wfc what Has transpired since hja day, We remember what he said in 1833. When treason, and treachery, and infi-. delity to the Government and the Con stitution of the nited btates stalked forth, it was hia power and influence that went forth and crushed it in its re cipiency. It was then v-But it was only stopped tor a time, and the spirit There were men disaffected towards the Government in both the North and South. There were peculiar institutions in "'the country to wmcn some were adverse and others attached.

We find that one portion of our countrymen advocated an institution in the South which others opposed in the North. This resulted in two extremes. That in the South reached a point at flio Tioirkla iJintva uramr 1.., 1 j- -uinfjwaeu bu uiDovtic buo-vivfciuuiciii kjx tuts united' States, and they sought to preserve their peculiar institutions. (What I say on this occasion I want to be understood.) There was a portion of our countrymen opposed to this, and they went to that extreme that they were willing to break up the Government to destroy this peculiar institution of the South. I assume nothing here to-day but the citizen one of you who has been pleading for his country and the preservation of the Cheeers.

-These two parties have been arrayed against each otherj and I stand before you as I did in the Senate of the United States in 1860. I denounced there those who wanted to disrupt the Government, and I portrayed their true character. I told them that those who were, engaged in the effort to break up the Government were traitors. -I have not ceased to repeat that, and, as far as endeavor could accomplish it, to carry out the sentiment. Cheers.

I remarked, though, that there were two parties. One would destroy the Government to slavery the other would break up the Government to destroy, slavery. Cheers. The objects to be accomplished were different, it is true, so far as slavery was concerned, but they agreed in one thing the destruction of the Government, precisely what I was always opposed to 5 and whether the dis-unionists came from the South or from the" North, I stand now where I did then, vindicating the Union of these States and the Constitution of our country, Great cheering. The rebellion manifested itself in the South.

I stood by the Government. I said I was for the Union with slavery, I said I was for the Union without slavery. In either alternative I was for the Government and the The Government has stretched forth its strong arm, and with its physical power it has put down treason in the field. That is, the section of country that arrayed itself against the Government has been conquered bythe force of the Government "Jow, what had we said to those people "No compromise we can tettle this question with the South in eight and forty hours." I nave said it again and again, and I repeat it "Disband your armies, acknowledge the supremacy of the Constitution of the United States, dience to the law, and the whole ques- uon is seiueu. iiietrn.j What has been done since Their armies have been disbanded.

They come now to meet us in a spirit of mag-nanimityand say, We were mistaken; we made the effort to carry out the doctrine of secession and dissolve this Un- ion, and having trac ed this thing to its logical and physical results, we now acknowledge the flag of our country, and promise obedience to the Constitution, and the supremacy of 'the law." Chel-rs. I say, then, when you comply with the Constitution, when you yield to the law, when you acknowledge allegiance of the Union be opened and the relation be restored to those that had erred and had strayed from the fold of our fath-' ers. Cheers. Who has Buffered more than I have I ask the question. -1 shall not recount the wrongs and the sufferings inflicted upon me.

It is not the course to deal with a whole people in a spirit of re-vepgef i I know there has been a great deal said about the exercise of the pardon power as regards the Executive; and there is ho one who has labored harder than I to have the principals, the intelligent conscious brought to justice and have the princi- le vindicated that treason is a crime." Cheers. iui, wniie conscious an intelligent traitors are to be communities and States be made to submit to the penalty of death? I have quite as much asperity, and perhaps as much resentment, as a man ought to have; butfwe must reason regarding man as he is, and must conform our action and our conduct to the example of Bim who founded our holy religion. I came into power under the Constitution of the country, and with the approbation of the and what did I find I I found eight millions of people who were convicted, condemned under the law, and the penalty was death and through revenge and resentment, were they all to be annihilated Oh! may I not exclaim, how different would this be from the example set by the Founder of our holy religion, whose divine arch rest its extremities on the while its span embraces the universe 1 Yes, He that founded this great scheme came into the world and saw man condemned under the law, and the sentence was death. What was His example Instead of putting the world or a nation to death, He went forth on the cross and testified with His wounds that He would die and let the world live. Let them repent; let them acknowledge their rashness; let them become loyal, and let them be supporters of our glorious stripes and stars, and the Constitution of our country.

I say let the leaders, the conscious, intelligent traitors, meet the nenaltiea of ttia law. Rut. mass who have been forced Into the rebellion misled in other instances let there be clemency and kindness, and a trust and a confidence in them. But, my countrymen, after having passed through this rebellion, and having given as much evidence of enmity to it as some who croak a great deal about the matter- cheers when I look back over the battle-field and see many of those brave men in whose company I was, in localities of the rebellion where the contest was most difficult and doubtful, and who yet were patient; when I look back over these fields, and where the smoke has scarcely passed away; where the blood that has been shed has scarcely been absorbed before their bodies have passed through the stages of decomposition what do I find The re- Government, in the field But ia this tbe 4-.