A. No, sir; there is no power can order out the militia but the Governor.
Q. Is there such a thing as a Governor pro tem. in the absence of the Governor?
A. I do not think there is such a thing as a Governor pro tem.
Q. The Lieutenant Governor, would he exercise the functions of Governor in case of the death of the Governor?
A. Of course in event of his death he becomes Governor at once. I do not understand that anybody can exercise the functions of the Governor but the Governor. That is a little bit of teaching I learned in the Democratic party when I was a very little bit of a fellow, and never forgot it. We have a respect for law and authority in our party.
Q. Is there anything else you can enlighten us on in regard to the military movements of the mob that you can think of?
A. There is nothing that I can say, except to give an opinion about the character of this mob, and the sufficiency of the military, and civil authorities, &c. I looked around very closely into this matter, and I am perfectly satisfied, in my own mind, that this mob was not to be dealt with by a trifling force. I do not believe it was in the power of the civil authorities to have put it down. I do not believe it was within the power of the small military force that was first called out to have put it down. It ceased to be a riot and got to be an insurrection almost instantly. The time was very short that intervened between the mob and the insurrection.
By Mr. Lindsey:
Q. What distinction do you make between a mob and an insurrection?
A. I believe that a mob is an uprising in a locality, either here or anywhere else—a small uprising that is within the power of the sheriff to look after. The sheriff, with what posse he might get together, may attempt to restore peace, and, failing in that, call out the local military. I make the dividing line as to when it becomes an insurrection when the executive of the state is compelled to interfere. If the sheriff and the Eighteenth regiment and the Fourteenth regiment and the Nineteenth regiment had put down that thing and restored peace and order, and placed the cars of the railroad in the hands of the company, I would have called it a riot.