J. W. Walker, January 2, 1965

I, Before a military commission, which convened at Indianapolis, Ind., ou the 19th day of September, 1864, pursuant to Special Orders, No. 129,

“See Cooper to Hoffman, January 12, p. 56.

CORRESPONDENCE, ETC.— UNION AND CONFEDERATE. T

dated headquarters District of Indiana, Indianapolis, September i 1864; Special Orders, No, 132, paragraphs 2 and 3, dated headquarters District of Indiana, Indianapolis, September 22, 1854; Special Orders, No. 153, paragraphs 3 and 5, dated headquarters District of Indiana, Indianapolis, October 18, 1864; Special Orders, No. 154, paragraphs 2 and 5, dated headquarters District of Indiana, Indianapolis, October 19, 1864; Special Orders, No. 161, paragraph 1, dated headquarters District of Indiana, Indianapolis, October 29, 1864, and of which Byt. Se at Silas Colgrove, U. S. Volunteers, is president, were arraigned and tried:

First. Andrew Humphreys, citizen of the State of Indiana, United States of America.

CHARGE I: Conspiracy against the Government of the United States.

Specification 7.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heftren, Lambdin P. Milligan, and Stephen Horsey, did, among themselves, and with Harrison H. Dodd, of Indiana; Joshua F. Bullitt, of Kentucky; J*A. Barrett, ot Missouri, and others, conspire against the Government and duly constituted authorities of the United States, and did join themselves to, and secretly organize and disseminate, a secret, unlawful society or order, known as the Order of American Knights, or Order of the Sons of Liberty, having both a civil and military organization and jurisdiction, for the purpose of overthrowing the Government and duly constituted authorities of the United States. This, at a period of war and armed rebellion against the authority of the United States, at or near Indianapolis, Ind., a State within the military lines of the Army of the United States, and the theater of military operations, and which had been, and was constantly, threatened to be invaded by the enemy. This, on or about the 16th day of May, 13641.

Specification 2.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey, during an existing rebellion against the Government and authorities of the United States, said rebellion claiming to be in name of, and on behalf of, certain States, being a part of and owing allegiance to the United States, did combine and agree, with one Harrison H. Dodd, of Indiana; Joshua F. Bullitt, of Kentucky; J.A. Barrett, of Missouri, and others, to adopt and impart to others the creed or ritual of a secret, unlawful society or order, known as the Order of American Knights, or Order of the Sons of Liberty, denying the authority of the United States to coerce to submission certain rebellious citizens of said United States, designing thereby to lessen the power and prevent the increase of the armies of the United States, and thereby did recognize and sustain the right of the citizens and States, then in rebellion, to disregard and resist the authority of the United States. This, at a period of war and armed rebellion against the authority of the United States, at or near the city of Indianapolis, Ind., a State within the military lines of the Army of the United States, and the theater of military operations, which had been, and was threatened to be, invaded by the enemy. This, on or about the 22d day of February, 1864,

Specification 3.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey, citizens of the State of Indiana, owing true faith and allegiance to the Government of the United States, and, while pretending to be peaceable, loyal citizens of the Government, did secretly, covertly, combine, agree, and conspire among themselves, and with one Harrison H. Doda, of Indiana; Joshua F. Bullitt, of Kentucky; J. A. Barrett, of Missouri, and others, to overthrow and render powerless the Government of the United States, and did, in pursuance of said combination, agreement, anıl conspiracy, form and organize a certain unlawful secret society or order, known as the Order of American Knights, or Order of Sons of Liberty, whose intent and purpose was to cripple and render powerless the efforts of the Government of the United States in suppressing a then existing formidable rebellion against said Government. This, on or about the Ist day of October, 1863, ata period of war and armed rebellion, at or near the city of Indianapolis, Ind., a State within the military lines of the Army of the United States, and the theater of military operations, which had been, and was constantly, threatened to be invaded by the enemy. –

Specification 4.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey, did conspire and agree with Harrison H. Dodd, David T. Yagel, John C. Walker, and Joshua Bullitt, and others—these men at that time holding military positions and ranks in a certain secret unlawful society or organization, known as the Order of American Knights, or Order of the Sons of Liberty—to seize by force the United States and State arsenals at Indianapolis, Ind., Columbus, Ohio, and Springfield, Ill., to release by force the rebel prisoners held by the authorities of the United States ab Camp Douglas, and Rock Island, Ill., Camp Morton, Ind., and Camp Chase, Ohio, and the Depot of Prisoners of War on Johnson’s Island, and arm these prisoners with the arms thus seized, and that then said conspirators, with all the forces they were able to raise in the secret order above named, were, in conjunction with the rebel prisoners thus released and armed, to march into Kentucky and Missouri, and co-operate with the rebel forces to be sent to those States by the rebel authorities against the Government and authorities of the United States. ‘This, on or about the 20th day of July, 1864, at a period of war and rebellion against the authority of the United States, at or near the city of Chicago, Ill., a State within the lines of the Army of the United States, and the theater of military operations, and threatened by invasion of the enemy.

CHARGE II: Affording aid and comfort to rebels against the authority of the United States.

Specification 1.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey, being then members of a certain secret, unlawful society or order, known as the Order of American Knights, or Order of Sons of Liberty—the United States being then in arms to suppress a rebellion in certain States against the authority of the United States—said William A. Bowles Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, Stephen Horsey, and others, then and there acting as members and officers of said secret, unlawful society or order, did design and plot to communicate with the enemies of the United States, and did communicate with the enemies of the United States, with the intent that they should in large force invade the territory of the United States, to wit: The States of Kentucky, Indiana, and Illinois, with the further intent that the so-called secret, unlawful society or order, aforesaid, should then and there co-operate with the said armed forces of the said rebellion against the authority of the United States, and did communicate to said armed forces the intent and purposes of said secret, unlawful society or order. This, at a period of war and armed rebellion against the authority of the United States, at or near the city of Indianapolis, Ind., a State within the military lines of the Army of the United States, and the theater of military operations, which had been, and was constantly threatened to be, invaded by the enemies of the United States. This, on or about the 16th day of May, 1864,

Specification 2.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey, while the Government was attempting by force of arms to suppress an existing rebellion, while guerrillas and other armed supporters of the rebellion were in the State of Kentucky, did send a messenger and brother member, with them, of a secret, unlawful society or order, known as the Order of American Knights, or Order of the Sons of Liberty, into said State of Kentucky with instructions for Joshua F. Bullitt, grand commander of said secret, unlawful society or order, in said State, and other members of said secret society or order in said State, to select good couriers or runners to go upon short notice, and for the purpose of assisting those in rebellion against the United States, to call to arms the members of said secret society or order, and other sympathizers with the existing rebellion, whenever a signal should be given by the authorities of said secret society or order. This, on or about the 20th day of July, 1864, at a period of war and armed rebellion against the authority of the United States, at or near Indianapolis, Ind., a State within the military lines of the United States, and the theater of military operations, and which had been, and was constantly threatened to be, invaded by the enemy.

Specification 3.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey, being citizens of the State of Indiana, United States of America, and owing true allegiance to the said United States, did join themselves to a certain unlawful secret society or order, known as the Order of American Knights, or Order of the Sons of Liberty, designed for the overthrow of the Government of the United States, and to compel terms with the citizens or authorities of the so-called Confederate States, the same being portion of the United States, and in rebellion against the authority of the United States, and did communicate the designs and intent of said order to those in rebellion against the Government of the United States. This, on or about the 20th day of July, 1864, at a period of war and armed rebellion against the authority of the United States, at or near Indianapolis, Ind., a State within the military lines of the Army of the United States, and the theater of military operations, and which had been, and was constantly threatened to be, invaded by the enemy.

CHARGE IIT: Inciting insurrection. Specification 7.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey did, during a time of war between the United States and armed enemies of the United States, and of rebellion against its Government, organize, and attempt to arm, and did arm, a portion of the citizens of the United States, through an unlawful secret society or order, known as the Order of American Knights, or Order of the Sons of Liberty, with the intent to induce them, with themselves, to throw off the authority of the United States, and co-operate with said armed enemies of the United States against the legally constituted authorities of the United States. This, on or about the 20th day of July, 1864, at or near Indianapolis, Ind., a State within the military lines of the Army of the United States and the theater of military operations, and which had been, and was constantly threatened to be, invaded by the enemy.

Specification 2.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey did, by public address, by secret circulars and communications, and by other means, endeavor to, and did arouse sentiments of hostility to the Government of the United States, and did attempt to induce the people to revolt against said Government, and secretly organize and arm themselves for the purpose of resisting the laws of the United States and the orders of the duly elected President thereof. This, on or about the 16th day of February, 1864, at a period of war and armed rebellion against the authority of the United States, at or near Indianapolis, Ind., a State within the military lines of the Army of the United States, and the theater of military operations, and which had been, and was constantly threatened to be, invaded by the enemy.

CHARGE IV: Disloyal practices.

Specification 1.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey, at a time of war, and during an armed rebellion against the legally constituted anthorities and Government of the United States, did counsel and advise citizens of, and owing allegiance and military service to, the United States, to disregard the authority of the United States, and to resist a call or draft, designed to increase the Army of the United States, and did make preparation and attempt to arm, and did arm, certain citizens of the United + States belonging to a certain unlawful secret order, known as the Order of American Knights, or Order of the Sons of Liberty, for the purpose and with intent of resisting said call or draft. This, on or about the Ist day of July, 1864, at or near Shoals: Station, Martin County, Ind.,a State within the military lines of the Army of the United States, and the theater of military operations, and which had been, and was constantly threatened to be, invaded by the enemy.

Specification 2.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey, at a time of war, and during an armed rebellion against the legally constituted authorities and Government of the United States, did counsel and advise citizens of, and owing allegiance and mili tary service to, the United States, to disregard the authority of the United States, and to resist a call or draft designed to increase the Army of the United States, and did make preparation and attempt to arm, and did arm, certain citizens of the United States belonging to a certain unlawful secret society or order, known as the Order of American Knights, or Order of the Sons of Liberty, for the purpose and with the intent of resisting said call or draft. This, on or about the 1st day of November, 1863, at or near Green Fork Township, Randolph County, Ind., a State within the military lines of the Army of the United States, and the theater of military operations, and which had been, and was constantly threatened to be, invaded by the enemy.

Specification 3.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Hetffren, Lambdin P. Milligan, and Stephen Horsey, at a time of war, and during an armed rebellion against the legally constituted authorities and Government, did counsel and advise citizens of, and owing allegiance and military service to, the United States, to disregard the authority of the United States, and to resist a call or draft designed to increase the Army of the United States, and did make preparations, and did attempt to arm, and did arm, certain citizens of the United States belonging to a certain unlawful secret society, or order, known as the Order of American Knights, or Order of the Sons of Liberty, for the purpose and with the intent of resisting said call or draft. This, on or about the 16th day of May, 1864, at or near Indianapolis, Ind., a State within the military lines of the Army of the United States, and the theater of military operations, and which had been, and was constantly threatened to be, invaded by the enemy.

Specification 4.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey, at a time of war, and during an armed rebellion against the legally constituted authorities and Government of the United States, did counsel and advise citizens of, and owing allegiance and military service to, the United States, to disregard the authority of the United States, and to resist a call or draft designed to increase the Army of the United States, and did make preparation, and attempt to arm, and did arm, certain citizens of the United States belonging to a certain unlawful secret society, or order, known as the Order of American Knights, or Order of the Sons of Liberty, for the purpose and with the intent of resisting said call or draft. This, on or about the 1st day of August, 1864, at or near Salem, Washington County, Ind., a State within the military lines of the Army of the United States, and the theater of military operations, and which had been, and was constantly threatened to be, invaded by the enemy.

Specification 5.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey did accept and hold offices of the mílitary forces for the State of Indiana in a certain unlawful secret society or order known as the Order of American Knights, or Order of the Sons of Liberty, which said offices and military force was unknown to the Constitution and laws of the United States, or the State of Indiana, and were not in aid of, but opposed to, the legally constituted authorities thereof. This, on or about the 16th day of February, 1864, at a time of war and armed rebellion against the authority of the United States, at or near Indianapolis, Ind., a State within the military lines of the Army of the United States, and the theater of military operations, and which had been, and was constantly threatened to be, invaded by the enemy.

CHARGE V: Violation of the laws of war.

Specification 1.—In this, that the said William A. Bowles, Andrew Humphreys, Horace Heffren, Lambdin P. Milligan, and Stephen Horsey did, while the Government of the United States was carrying on war with the enemies of the United States engaged in rebellion against their authority, while pretending to be peaceable and loyal citizens of the United States, violate their allegiance, and did, as citizens of said Government, attempt to introduce said enemies of the United States into loyal States of said United States, thereby to overthrow and destroy the authority of the United States. This,on or about the 16th day of May, 1864, at or near the city of Indianapolis, Ind., a State within the military lines of the Army of the United States, and the theater of military operations, which has been, and was constantly threatened to be, invaded by the enemy.

Specification 2.—In this, that the said William A. Bowles, Andrew Humpbhreys,

` Horace Heffren, Lambdin P. Milligan, and Stephen Horsey, during a war between the United States and the said enemies of the United States engaged in rebellion against their authority, and while pretending to be peaceable, loyal citizens of the United States, [did] organize and extend a certain unlawful secret society or order, known as the Order of American Knights, or Order of the Sons of Liberty, having for its purpose the same general object and design as the said enemies of the United States, and with the intent to aid and insure the success of said enemies in their resistance to the legally constituted authorities of the United States. This, at or near the city of Indianapolis, Ind., on or about the 16th day of May, 1864.

ae which charges and specifications the accused, Andrew Humphreys, pleaded not guilty.

Having maturely considered the evidence adduced, the court finds the accused, Andrew Humphreys, as follows:

Charge I.

Of the first specification, guilty. Of the second specification, gnilty. Of the third specification, guilty. Of the fourth specitication, guilty. Of the first charge, guilty. ‘

Charge I. I. Of the first specification, guilty. Of the second specification, guilty. Of the third specification, guilty. Of the second charge, guilty.

Charge IIT, Of the first specification, guilty.

Of the second specification, not guilty. Of the third charge, guilty.

Charge I. V. Of the first specification, guilty. Of the second specification, guilty. Of the third specification, guilty. Of the fourth specification, guilty. Of the fifth specification, guilty. Of the fourth charge, guilty. ` Charge V.

Of the first specification, not guilty. Of the second specification, guilty. Of the fifth charge, guilty.

“And the commission do, therefore, sentence him, the said Andrew Humphreys, a citizen of the State of Indiana, to be confined at hard labor during the war, at such place as the proper authority shall designate.

Il. The proceedings, tindings, and sentence in the foregoing case of Andrew Humphreys, a citizen of the State of Indiana, United States ot America, are approved: but as the evidence does not show that the said Andrew Humphreys took any active part or committed any overt acts which were calculated to incite an insurrection or aid the conspiracy, and in view of his former good character and lengthy confinement, Col. A. J. Warner, Seventeenth Regiment Veteran Reserve Corps, commanding post at Indianapolis, Ind., will discharge the said Andrew Humphreys upon the following conditions, viz:

That the said Andrew Humphreys give his parole of honor that he will confine himself within the limits of Wright and Stockton Townships, in the county of Greene, in the State of Indiana, during the term of the present war of the rebellion; and, further, that he will take no part, directly or indirectly, against the prosecution of the present war by the United States against the rebels now in arms.

Upon the breach of said parole by the said Andrew Humphreys, he will be immediately arrested and delivered to the commanding officer at Covington, Ky., who is charged with the execution of the sentence, in conformity with the finding of the commission.

By command of Bvt. Maj. Gen. Alvin P. Hovey: