by the rebel authorities and which are known to the whole country. I do not think it is overcome; I think it now exists.

Question. Are you in favor of the execution of all the laws passed by Congress and of all the orders issued by the President of the United States and by his subordinate military officers, so far as they have come to your knowledge, for the suppression of the rebellion commenced at Fort Sumter and since carried on by the rebel Government at Richmond, of which Jefferson Davis is President?

General BUELL. I object to the question, Mr. President, for the same reasons I gave when the same question was put to a previous witness.

The court was cleared when it was decided that the question should be put.

The WITNESS. I am in favor of all the constitutional laws passed by Congress and I am in favor of the suppression of the rebellion by all means known to civilized warfare.

Question. Do you believe that all laws passed by Congress should be deemed to be constitutional until they are decided by the Supreme Court to be unconstitutional.

I think the presumption is that all laws passed by the legislative department are prima facie with authority until they are decided otherwise by the supreme judicature of the land.

Commission adjourned to meet February 26.

CINCINNATI, February 26, 1863.

Commission met pursuant to adjournment. All the members present; also the judge-advocate and General Buell.

Captain JESSE MERRILL (a witness for the defendant), being duly sworn by the judge-advocate, testified as follows:

By General BUELL:

Question. State you name and position in the service of the United States.

Jesse Merrill; captain in the Seventh Pennsylvania Infantry, on detached duty as an acting officer in charge of the signal corps.

Question. Were you on duty with the headquarters of the Army of the Ohio last summer? If so, please state in what capacity.

I was with the headquarters of the Army of the Ohio; I joined them at Corinth, and was with them as an officer in charge of the signal corps.

Question. Did you while at Huntsville prepare a code of signals to direct the movements of the army under certain contingencies?

I did.

Question. If you have a copy of that code please present it to the Commission.

(Code of signals presented by Captain Merrill, marked A.)

Question. I will submit this paper (the code of signals) as evidence, and as showing the preparation that was made to direct the movements of the army under my command, under certain contingencies, through the assistance of the signal corps.

The communication and the direction that was given was by means of rockets. There were officers under my command with four of the five divisions of the army at that time, and the fifth division was to have been supplied with officers if this code was carried into effect and it was found necessary to use them. The reason that the two colors are represented here is that they are used to indicate different things when differently combined. As a signal a white rocket was used to call attention, but when