“Mr. Bingham.—It is the crime of murder as well. It is not simply conspiring but executing the conspiracy treasonably and in aid of the Rebellion.
“Mr. Ewing.—I should like an answer to my question, if it is to be given: How many crimes are my clients charged with and being tried for? I cannot tell.
“Mr. Bingham.—We have told you, it is all one transaction.”
General Ewing, not being able to get an answer intelligible to himself to the first question, then respectfully asked an answer to the second: By what code or statute the crime was defined and the punishment provided?
“The Judge-Advocate.—I think the common law of war will reach that case. This is a crime which has been committed in the midst of a great civil war, in the capital of the country, in the camp of the Commander-in-Chief of our armies, and if the common law of war cannot be enforced against criminals of that character, then I think such a code is in vain in the world.
“Mr. Ewing.—Do you base it, then, only on the law of nations?
“The Judge-Advocate.—The common law of war.
“Mr. Ewing.—Is that all the answer to the question?
“The Judge-Advocate.—It is the one I regard as perfectly appropriate to give.
“Mr. Ewing.—I am as much in the dark now as to that as I was in reference to the other inquiry.”