Memoir of John Yates Beall : His Life; Trial; Correspondence; Diary; And Private Manuscript Found Among His Papers, Including His Own Account of the Raid On Lake Erie
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Therefore, I think, we have two distinct questions here, and only two : Is the accused proved to be a spy ? And is he found to be a guerrilla ? What proof is there for the pur- pose of establishing these charges ? In the one case we say he was shown to be within our lines, if within our lines at all, not for the purpose of acting as a spy, but for other develop- ed and proved objects inconsistent with his being a spy. In the other case it appears that he was not a guerrilla because he was a com...missioned officer in the Confederate service, act- ing under authority of that government during war, in connection with other military men, for an act of war. If so, then he is not amenable to this jurisdiction. If I were before a tribunal who had not been accustomed to look at war with its grim visage, with the eye of educated intelli- gence, I should apprehend that the natural detestation of vio- lence and bloodshed and wrong would pursue this man. But however wrong the South may be — however dismal its re- cords may remain in the contemplation of those who have the ideas of patriotism that reside in our minds — yet not one of you, gentlemen, would even be willing to acknowledge to any foreigner, hating our institutions, that you did not still cling to the South in this struggle, wrong and dreadful as it has been, and award them the attributes of intelligence and courage never before perhaps equalled, and certainly never surpassed, in the annals of the human race.
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