the Neophyte', coming in through the vestibule of the temple, upon bended knee, swore to take up arms? Who were the people oppressed by an usurper? Which the States against whom a usurper was waging war? Answer it upon your oaths, gentlemen. Do you doubt that the persons taking that oath on bended knee did not understand it as binding them to take up arms on behalf of the rebel Confederacy? It can mean nothing less. No. man familiar with the history of the times can believe otherwise of it. The oath was a muster-in oath, and he who took it was as much a recruit of Jefferson Davis' army as if he had been actually in the army of the rebel States. If he regarded his obligations, if he meant to perform his vows, he was as much a servant of Jefferson Davis, and as much bound to obey his orders as if he had been mustered into the army of Lee then confronting Grant at Richmond.

Major Gordon showed you plainly that the political doctrines upon which the South took up arms against the government are as plainly stated and announced in these rituals as they ever were in any political convention. The supremacy of the general government is utterly denied in them. Supremacy-sovereignty-is declared to be in the States. Any attempt to resist or thwart the resolutions of any of the States is declared to be usurpation and a crime.

But further than this, as if it were not enough to swear to take up arms in behalf of the Confederacy, the ritual contains an oath binding upon every man who entered the order, not to serve in the armies of the United States. Let me read to you, for a moment, from the ritual: "That my sword shall ever be drawn in support of the right, and that I will never take up arms in any case as a mercenary." Now, in the light of the public proclamations, editorials and speeches issued by these men, who were the soldiers of the United States? They were "Lincoln hirelings"-they were "mercenaries." Tell me if those were not the familiar names by which the Federal troops were known and designated here in Indiana by the men who had no sympathy for the cause for which those troops were fighting.

What did the man who took this obligation understand it to mean if not that he was swearing never to serve in the army of the United States? While loyal men were going up and down the land exhorting their fellow-citizens to come to the defense of the Union, these Sons of Liberty were dragging the young and unsuspecting into their ranks.

Here, then, we have in the ritual of this secret order an oath, on the one hand, never to take up arms in defense of the government, and, on the other, a muster oath into the service of the rebel government. That more than a political organization was contemplated is plain from another fact-all cripples were excluded. The person admitted took an obligation never to introduce a cripple or person of unsound mind into the order. The one-armed or the one-legged cripple had as much political influence, as much political power, as the man who had all the limbs which God had given him, and it was as important that he should be properly instructed in correct political principles. Should a poor cripple be excluded from participation in the order, if it was merely a political organization, because, perchance, he had lost a limb while serving his country? What did this mean, gentlemen? They who took the obligation understood it to mean that they were to do military service; and just as the mustering officer of the United States stripped the recruit and examined him to see if he was able for the fray, so these men swore not to admit into their organization any man who would be unfit for the strife. when the strife contemplated should come. They excluded the African, too. It was a very great work of supererogation to do that; for if there was ever any negro in Indiana so degraded as to ask for political association with such men, I have never heard of the fact. There were none of that kind, degraded, as many had been, by years of servitude. I never have seen, nor heard, nor read of one, either here or down in the South, whose heart did not always beat in response to the music of the Union. I never heard of, never met one who was not the friend of the Union soldier. Instances are

plenty-the history of our war is full of them—where our men, fleeing from Southern prison pens, crippled, exhausted, famished, owed their lives to the faithful and unswerving loyalty of black men. One of the meanest things in this whole order, one of the meanest political sentiments it ever uttered, was its constant expression of hatred of the negroes. Some of you may have seen a little poem by John Hay, which, though rough in language, strikes a chord in every true man's heart, and gives the strongest rebuke to the unworthy feeling of which I am speaking.

Sergeant Tilman Joy, a resident of "Spunky Pint," in the State of "Illanoy," and a Democrat, heard his country's call, and

"Laid his politics out of the way

For to keep till the war was through."

Then he sought his home, bringing with him "Banty Tim," a colored boy. His old political associates assembled (whether in a lodge of the Sons of Liberty or in open Democratic convention is not disclosed) and resolved (you may have heard the sentiment before) that This is a white man's country." The conclusion, as communicated to Sergeant Joy by a committee, was that

"The nigger has got to mosey

From the limits of Spunky Pint."

The Sergeant tells them a story of Vickburg. How, when our left struck the heights and were repulsed, he was left wounded, almost dying on the glacis, unsheltered from the blistering Southern sun. And here I must give you the story in the touching language of the author:

"Till along toward dusk I saw a thing,

I couldn't believe for a spell:

That nigger-that Tim-was a crawlin' to me
Through that fire-proof, gilt-edged hell!

The rebels saw him as quick as me,

And the bullets buzzed like bees;

But he jumped fer me, and shouldered me,
Though a shot brought him once to his knees;

But he staggered up and packed me off,
With a dozen stumbles and falls,

Till safe in our lines he dropped us both,
His black hide riddled with balls."

Here, in this rough picture, we have the true, honest sentiment of a man conscious of patriotic obligation and who is willing to stand up for the friend of his country. On the other hand,, in the obligations of this order I have read to you, we have not only outspoken hatred against the black man, but against all who stood by the flag and its defenders.

But, after all, as we could not expect to have them written plainly in their books, we must look to the acts of the founders and managers of this organization to ascertain its true purposes.

The court will tell you that the law of conspiracy is that if two or more agree and combine to do an unlawful act, and it be shown either by express words or by conduct pointing in the common direction when the agreement and common consent of the mind to do the act is established, each man is answerable for every word and for every deed of those with whom he has thus conspired in furtherance of the common design. Keep in mind, gentlemen, while we trace the connection of Milligan with this secret order, that if we once bring him into connection with, and to an assent of mind to, the great crime that was contemplated by the Sons of Liberty, he then becomes responsible in the eye of the law for every word and every act which Bowles or Bullitt or Dodd Isaid or did in execution of the common treasonable object.

Touching the purpose of the order, as drawn from the declarations of its members, we have from Dr. Wilson a statement of them as given in a meeting of the Grand Council held in Indianapolis in November, 1864. Now, Dr. Wilson is not a friend or associate of either of the defendants in this cause; I think I may even say that he does not come here with his mind at all prepossessed in favor of Union soldiers. On the contrary, he comes reluctantly, an associate, co-conspirator and friend

of the plaintiff. He comes because brought here by the process of this court. He comes not yet weaned from his allegiance to the organization of which the plaintiff was a member, for here, on the witness stand, before you, he has declared that in the principles and purposes of this order he yet finds that which commended itself to his heart and conscience. Will the Senator (Mr. Hendricks) assail Dr. Wilson? Is he a credible witness? Much of the testimony that we have brought before you has been peculiar in that we have. had to go into the camp of these traitors and bring them from it to tell you of their treason. Dr. Wilson says that in the meeting held in November, 1864, at which Milligan was present, as confessed by himself and testified to by other witnesses, the designs of the order were plainly stated by Mr. Wright. The Senator will try to make you believe that that was at the September meeting, and not at the November meeting, because a witness, Harrison, thinks that it was in September Wright was here giving his lessons, but we have Wilson's positive testimony that it was in November. He swore to it before the Military Commission, and he swears to the same thing here. He swears that Milligan was present. I read now from the. testimony of James B. Wilson, as reported in the journal:

"I was present at Indianapolis at a meeting of the Grand Council, in November, 1863, within a month or two after I went into the, order. I think there was a Military Committee appointed at that meeting, and that Mr. Dodd delivered a speech to the Council or to the members of it. I think he said something about seizing railroads, cutting telegraph lines and driving away the State government. I could not repeat any of the words he said. He intimated, I think, something about taking possession of the railroads; that that could be done and the telegraph wires cut, and that any movement that might be contemplated by the order could in that way be carried out without interference from the State authorities. I think about fifty persons were present when he made that statement."

I will not tire you by reading further. You will re