May 30, 1863, The New York Herald
Three cases of treason have been tried in the Army of the Potomac of prisoners captured in the rebel service while still citizens of the United States. One of them is the case of James R. Oliver, who being a citizen of Maryland, was taken prisoner while in arms in the ranks and uniform of the rebel army, at Rappahannock Ford, February 15, 1863. Upon these facts a court martial found him guilty of treason, and sentenced him to be hanged. Nothing could be more illegal or absurd. The offence was one clearly for a civil court, as provided in the constitution, and the trial must take place in the district where the offence was committed. The finding was forwarded by General Hooker to the President, with the endorsement approved. Mr. Lincoln returned the papers disapproved, and declaring that the man in question was a prisoner of war, and must be treated as such and exchanged. This is the dictate of common sense as well as humanity. The Union army has far more men from the Confederate States in its ranks and uniform than the rebel army has men from the loyal States. Besides the barbarity of the proceeding, leading to bloody retaliation, the Northern army would be a greater loser by such a course than the Southern, and no benefit could result from the mutual slaughter in cold blood. We always said the President was humane. His decision in this case proves that he is, and that he is above the malignant passions of those who seek to influence him in the Cabinet or the camp.