presumed to be constitutional always, but it specifies the orders of all officers under the President. He does not say whether they shall be constitutional or unconstitutional. The oppositional to such orders or the violation of such unconstitutional orders by any person would not be a violation of the oath, and it would not therefore disqualify a witness before any tribunal.

General DANA. I move that the witness be informed that if he deems the answer to this question may commit him in any degree, either now or hereafter, he may not answer it.

The PRESIDENT. If you think the answer to that question will have the effect of criminating you in any manner, either now or hereafter, you are not required to answer it.

The WITNESS. I would rather not answer the question, sir. I do not think the answer would criminate me. i decline answering it.

By General TYLER:

Question. Have you ever been connected, directly or indirectly, with the rebel service?

No, sir.

Question. Under what circumstances were you brought in contact with General Breckinridge, and how did you become so intimate with him that he should give you the strength and position of his army?

I am an old acquaintance of General Breckinridge and his wife is a distant relative of mine.

Question. How long were you absent from Lexington at the time you visited Knoxville, and were you in contact with the confederate army during the whole of that time?

I cannot be certain as to the time, but I think it was about two or three weeks from the time I left Lexington until I arrived at Knoxville.

Question. In whose company did you leave Lexington?

I had a few friends with me.

Question. How many? and please name them.

There were some 5 or 6. Mr. Reed, of Fayette County: Mr. John H. Cooper, of Fayette; Mr. Hern, of Fayette; two Mr. Armstrongs and Mr. Stuart, of Fayette County, composed the company.

Question. Did these gentlemen return with you?

Some returned and some have not.

Question. Did any of them join the rebel army?

No, sir.

Question. What route did you take from Lexington to Knoxville?

We went on to Richmond, then to London, and along that route.

Question. Did you fall in with the rebel army?

Sometimes we were with it; but every chance we had to get off the road we turned off to keep from being with it as much as possible.

Question. Did you return to Lexington because you had no sympathy with the rebel army?

No, sir; I did not have any sympathy with it. I am not a secessionist by any means.

Question. But you left Lexington to avoid the draft or being pressed into the Union service?

From reports that I heard I did; but I found out they were untrue and returned.