Today in History:

458 Series I Volume XVI-I Serial 22 - Morgan's First Kentucky Raid, Perryville Campaign Part I

Page 458 KY., M. AND E. TENN., N. ALA., AND SW. VA. Chapter XXVIII.

General BUELL. With the consent of the judge-advocate I should like to ask the witness one other judge-advocate I should like to ask the witness one other question?

The JUDGE-ADVOCATE. I have no objection, with the consent of the Commission.

Question. (By General BUELL.) Do you know of any arms having been in the State Arsenal or stored elsewhere at the time of the invasion by Kirby Smith, and do yo know whether the arms which you have stated to have seen in store may or may not have been part of the same?

I have no personal knowledge on that subject.

Question. (By General TYLER.) Are you in favor of the execution of all the laws passed by congress and of all the orders issued by the President of the United Stated and his subordinate military officers, so far as they have come to your knowledge, for the suppression of the rebellion commenced at Fort Sumter and since carried on by the rebel Government at Richmond, of which Jefferson Davis is President?

General BUELL. I object to the question, and I shall not give my consent, whatever that may amount to, to continue to make this investigation of political opinions. The question has that tendency; it is in every sense irrelevant and improper. The witness may be a firm and devoted adherent of the supporters of the rebellion or he may not be; I do not know anything about it at all. I have no acquaintance with him. I saw him for the first time this morning, and have not conversed with him five minutes in all. He appears here only because I happened to hear that he had this information in regard to the movements of General Breckinridge.

The JUDGE-ADVOCATE. I do not propose to say anything as to the merits or demerits directly of this question; but certainly the question cannot be successfully objected to on the grounds General Buell placed it upon. It is no test of political opinion whatever as to the manner of conducting a government. Properly defined, the word politics cannot possibly enter into the question whether the Government should exist or not. Whether his answer would affect his credibility as a witness or not I cannot say.

General BUELL. The term may not be well chosen. I do not pretend to say that it is. I use it in its popular sense, however, and not in any sense in which it can be interpreted as expressing support or opposition to the laws of the Government. i still contend that the question is irrelevant, because it has nothing to do with the validity of the witness' testimony, nothing to do with the matter under investigation, and nothing to do with the credibility of the witness.

General TYLER. I ask this question on my own responsibility, and I must confess that on the answer to it will depend the weight that I give to the gentleman's testimony.

On the court being opened the witness was informed that the question would be put.

The Witness. I will ask the court if I may be allowed to enter my protest on the record, that my answer to the question may not in any event be used against me.

General DANA. I think it would be right to advise the witness as to the power of the court to enforce an answer to any question put to him by the court.

The PRESIDENT. I will admonish the witness that if he believes his


Page 458 KY., M. AND E. TENN., N. ALA., AND SW. VA. Chapter XXVIII.