personal rights of those inhabitants or that which treated them harshly. Now I want to know what are the personal rights of people who openly express their sympathy with the rebellion.

General BUELL. I do not think that in the whole course of my examination I have used the term "personal rightsJanuary

The JUDGE-ADVOCATE. General Buell is mistaken; he did use the very extraordinary expression, as it struck me at the time, "personal rightsJanuary

General BUELL. I wish to deny that a man under any circumstances loses personal rights, and that it is extraordinary that men under any circumstances should have personal rights. If I understand the effect of it, it is to bring them to the level of the beast and nothing less.

The record was examined and the words found to have been employed by General Buell.

General BUELL. I withdraw my objection; I am very well satisfied to have used the phrase; but what I meant was that I had not put that idea prominently forward. As I am not allowed to re-examine the witness I will make another objection to the question, and that is that the witness's explanation of what he understands to be personal rights shall not stand as expressing my views upon that subject, and that is an objection that I consider to be valid against the question.

The PRESIDENT. That is an objection to the answer rather than to the question. I don't imagine that anybody would suppose that Judge Lane's answer to the question would be fastened upon you as your opinion as to what were personal rights.

General BUELL. I have no objection to the answer.

The WITNESS. All who aid and assist in treason are principals, there are no accessaries. All aiders and abettors should be treated, in a legal point of view, precisely as the traitor himself, and all who give aid and comfort must be traitors and rebels, and should be treated precisely as the principal was treated. I should make this distinction between such and a sympathizer, if he merely sympathizes-if he had not reduced it to acts-that he had not given aid and comfort to the enemy.

General BUELL. If the judge will allow me I would ask him to answer as a lawyer.

The JUDGE-ADVOCATE. I have the witness, and I have asked a question which was to illustrate a question which was to illustrate a question asked in the examination-in chief.

The PRESIDENT. It was hardly fair, general, to interrupt a witness, unless it is to make an objection to his answer.

By the JUDGE-ADVOCATE:

Question. Do you know of any right which prohibits the army of the Government from living upon the country it invades if that country is in a state of rebellion?

General BUELL. I ask again that the witness may answer the question as a lawyer.

The JUDGE-ADVOCATE. I certainly must protest against this interference. I have the witness, and as to the manner of answering this question it is for me and the court to say.

General SCHOEPF. Mr. President, the judge-advocate is wrong. General Buell has complained that the has not been shown any favors. I propose that the court show him every favor and permit him to dictate to the witness.

General BUELL. I am very much affected by the judge-advocate's indignation that he should be interrupted in his investigation. I think, nevertheless, that my suggestion is a proper one and I urge it.

General TYLER. I move that the court be cleared.