The court replied that cases of this kind were exceedingly perplexing at all times, and he, the Judge, would only be too glad if there were some other tribunal to which they could be referred; but as there was not, he could not do less than hear them, and after hearing, if he found cause for action, he could not do less than act. "In this case it was perfectly plain to the court that, notwithstanding Mr. E.'s denial, he had been selling groceries, liquors, etc., to officers and privates of General Lee's army, and might, therefore, fairly be presumed to have given 'aid and comfort to the enemy.' But the court did not believe that it had been done with any such intent. On the contrary, the court believed that it was the love of money—which is said to be the 'root of all evil'—that had induced the defendant to do just what he had done. Mr. E. is one of the thousands and tens of thousands throughout the North who, while making loud professions of loyalty, are all the while looking out for the 'main chance;' whose loyalty goes no deeper than their pockets; whose self-interests so far overbalance any sentiment of patriotism or loyalty, that they would be Lincoln men, or Davis men, just as they thought the one or the other was likely to win; who, while claiming the protection of one government and getting from it all they could, were all the while profuse in promises to the other, and ready to do for it whatever they could, whereby to put dollars in their own pockets or honors upon their own heads or shoulders. Nor is this sentiment confined to farmers and merchants, but the court regrets to have to believe it is to be found in the army, in the navy, in the very presence-chamber of the chief executive, and what is true of the North, the court has no doubt is equally true of the South, though not probably to so great an extent.
"In this case the defendant, doubtless, excused himself somewhat on the ground that he was doing it upon his own property, and that he was doing it as a matter of self-preservation, which, as has been well said, is the 'first law of nature.' But while such pleas would be entirely valid in time of peace, they are not valid in time of war. At such a time, all private interests have to yield to the public good, and what may seem like the taking away of natural rights from the one, may be justice, only justice, to the many. The defendant, too, though a man of general intelligence, was probably not aware that he was violating any law, State or national, in doing what he did.
"Viewing the case from all these stand-points, the court has decided to suspend sentence upon this defendant until he shall be again found violating, or not fulfilling, the orders of the court. Meanwhile, the court orders that the goods now in Mr. E's wagon shall be brought back to Alexandria and returned to the parties from whom they were purchased; that, immediately after, whatever other goods may be found upon Mr. E.'s premises (other than enough to support the servants on the place for one month, if any servants at all be found there) shall be brought to this city and returned in like manner; that, after remaining one week longer on his farm, to 'put his house in order,' Mr. E. shall return to his home in Sussex County, New Jersey, and remain there until the war closes; that, if at any time after one week Mr. E. be found upon his farm, or in Alexandria, he be at once rearrested and brought before this court for sentence upon the charges now pending; and, if so brought, the defendant may rest assured that he will not have opportunity to give the enemy any aid and comfort after that.
"With you, Colonel W., the court leaves the execution of this order in all its details, and, while thanking you for what you have already done, will thank you still more when you have rendered this additional service for the government."
The court then adjourned, and, of the large number present, there was probably not one, save the extremists on either side, who might be counted on one's fingers who did not approve of the action of the court in the case. It need only be added that the orders of the court were carried out to the letter; that Mr. E. returned to his home in New Jersey and remained there until the war ended.
Another case, of altogether a different character, and yet involving the same principle—namely, that of disloyalty to the government by aiding the enemy in a surreptitious way—occurred not long after and was as follows:
The "Hutchinson Family," who had been giving a series of concerts in Washington, was invited by some New England regiments, encamped not far from Alexandria, to come to their encampments and give a series of concerts. The "Family" had accepted the invitation and given several concerts in pursuance thereof. Of course, their programme was made up largely of war lyrics—at that time by far the most popular songs with a Northern audience, and especially with soldiers—among which was that wonderful, soul-stirring poem by the Quaker poet, John G. Whittier, as follows:
"We wait beneath the furnace blast
The pangs of transformation;
Not painlessly doth God recast