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Cox, Jacob Dolson, 1828-1900

"April 1861-November 1863"

Had Mr. Lincoln lived, he would no doubt have avoided
any question before the Supreme Court in regard to his authority, by
pardoning Milligan as he granted amnesty to so many who had been
active in the rebellion. But Mr. Johnson was so much hampered by his
quarrel with Congress over reconstruction that he was disposed to
avoid interference with criminal cases where his action could
subject him to the charge of sympathy with the accused. He carefully
abstained from meddling with Jefferson Davis as he did with
Milligan, and left the responsibility with the courts.
The final development of the investigation of the Society of the
Golden Circle took place after I had again obtained a field command,
and I was glad to have no occasion to form a personal judgment about
it. The value of evidence collected by means of detectives depends
so greatly on the character of the men employed and the instructions
under which they act, that one may well suspend judgment unless he
has more than ordinarily full knowledge on these points. The
findings of the military commission must stand as a _prima facie_
historical determination of the facts it reported, and the burden of
proof is fairly upon those who assert that the conclusions were not
sustained by trustworthy evidence.


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