Newspaper Page Text
The Savannah Dally Herald.
TUESDAY* MAY 93, 1803.
FKOn OUR EVENING EBITIOIN
OP YESTERDAY.
ARRIVAL OF A PURCHASING AGENT
FROM THE U. S. TREASURY DE
PARTMENT.
New Regulations lu Regard to Cotton.
We had the pleasure this morning of a call
from Col. T. P. Robb of the United States
Treasury Department, who has been sent
here as an Agent for the purchase ot cotton.
We shall publish to-morrow morning some
important announcements in regard to his
mission, with a syuopsis ot the new regula
lations on the supject.
The government has adopted most liberal
measures towards cotton owners, as they
will see by the statements we shall make to
il. orrow-
This is of great importance t o people in the
interior as well as to residents of Savannah.
Thk Cth U. S. In FANtKv.— This morning
this tine body of troops disembarked from
the steamer Star of the South and proceeded
to their encampment on the South Commons.
As the Regiment ascended the hill of Barn
ard street from the wharf and moved down
Bay street to Bull street, large crowds assem
bled to view them. Their discipline was
perfect, and Col. James D Green may well
feel proud of the gallant men uuder his com
mand. The Regimental Brass Band,twenty
live pieces, under the leadership ot Mr.
Thomas Weldon, performed several Stirling
pieces of music as they marched through the
city. The drum corps consists of twenty
one pieces, under Drum-Major Charles M.
Ruby.
The Rain. —This morning Savannah and
the adjacent country was blessed with a re-
Iresbing shower of rain- It came too late
fori he crop of Irish potatoes, but was in
season to benefit the water and musk melons,
corn, tomatoes, okra, aud the second crop of
vegetables. About the first of July the
market will lie supplied with water-melons
and in three weeks with green corn from the
coast.
Gen. Bruce to the Kentucky Troops.—
We hope that every paroled soldier iu this
city will read the farewell of Gen. Bruce to
his Kentncky troops, to be found in our col
lumn of Augusta news. It is a manly, feel
lug, and sensible address, and is made iu a
noble spirit of endeavor towards turning
the current of feeling among bis paroled sol
diers in the right direction.
First Arrival of Cotton from Augusta.
—The steamer Jeff. Davis, Capt. Henry,
from Augusta, with a number of puaacngers,
arrived this morning. The Jeff Davis also
brought down two hundred and fifty bales
of cotton, the first shipment received in Sav
annah from Augusta.
For New York.— The steamer (.'base
leaves here for New Vork to-morrow morn
ing. Information in regard to passengers,
freight or passed can be obtained of Hunter
A Gammell, Agents, Bay street.
Important to Liquor Dealers.- A Gener
al Order from Dist rict Headquarters, of great
importance to liquor dealers, will appear iu
our advertising columns to-morrow morning.
FLORIDA.
The Union Minstrels are giving conceits
at Jacksonville.
Opr St. Augustine Agent writes us that
business is very dull, and that the non-pay
ment of troops and Quartermasters accounts
for many months, makes mouey extremely
scarce. The Drought was severely felt in
the country, but sufficient rain has fallen to
remove danger. The markets are abundant
ly supplied with produce, at moderate prices.
Moonlight Excursion.— An impromptu
excursion up the St. John’s river to Maupa
riue, came off on Wednesday evening. The
steamer Wyoming left the wharf at seven
o’clock, returning about miduight. The
General and Staff - were on board, with a
large number of invited guests, ladies and
gentlemen. They had a pleasant sail and
plenty of music aud dancing. The Union
Minstrel Band were in attendance.
[.fauksonville Union.
Witiiout Foundation.— The rumor brought
iuU) town by persons Irom Luke City that
Gen. McCook had arrived at Tallahassee and
had been made Military Governor of Florida
cannot be traced to any reliable source and
is probably without foundation. Instructions
have been received which would conflict
with such an arrangement. —JacknonvUte lJ n -
Ujll.
President Lincoln’s forte lay mainly in de
bate, or rather in the elucidation of profound
truths, so that they can hardly evade the
dullest apjjrehension. No other ntau ever
so successfully Confronted, before a prejudic
ed negro-despising audieni*, the plausible
fallacies ot Senator Douglas'vaunted “Popu
ar Sovereiguty ’’ His familiar exposition of
that doctrine in liis Springfield speech, open
ing the Senatorial canvass of ltf’iH “If A
wants to make B a slave, c will not inter
lere —was only paralleled in that passage of
which reads':
“My distinguished friend says it is an in
sult to the emigrants of Kansas and Nebras
ka to suppose til at they cannot govern them
seives. We must uot slur over an argument
ot this kind because it happeus to tickle the
ear. I admit that the emigrant to Kansas or
Nebraska is coni|>ctent to govern himself •
but I deny bis right to govern any othei per
s m, without that person’s consent.
“The only mau who has been able to drive
»ien. uraut, duiiog the war, was his coach
man. ’ He did uot drive the General— he
o“ly drove the horses.
LATBIt FMOM AUGUSTA.
Dates to tlic lOtll.
Arrival of the (.eesbnrg.
Important Address to tlie Kentucky Troops.
By: the arrival of the Steamer Leesburg,
from Augusta, 19th, We have received co
pies of the Chronicle & Sentinel of May 19th,
ior which we are indebted to Lieut. S. F.
Gordon, in charge of the boat.
Important Address to tlie Kentucky
Troops.
Augusta, Ga., May 10, 1865.
Soldiers of Kentucky.— Finding it utter
ly impossible to communicate with each of
you as I would wish, aud even to answer by
letter or verbally the various inquiries pro
pounded me. 1 have lakeu this method of
responding, and saying a few things to you,
that I deem justified by our past relations and
the hopes ot our common future.
First, frankly my advice to you is to return
to your homes. There is no hope of prosecu
ting the war to a different conclusion, either
here or in the Trans-Mississippi department;
and I feel assured that ever}' man who shall
lose iiis life hereafter iu the nmd strife, will
be self-murdered. I would not, therefore,
have you led further astray by any delusive
prospects of a continuance of the struggle.
Your duty heucelorth lies at home, in the
peaceful pursuits of civil life.
Your title to the appellation of heroes has
lieen fully established. You have proven
yourselves Kentuckians, worthy of the name,
crowned as it is by heroic daring, and wreath
ed with the laurels of victory won on so
many battle-fields of past historic renown.
A nobler duty now awaits you. Successful
you have not been. But patient and mag
uaniinous you can be under defeat, showing
yourselves as good and faithful citizens, as
you have been brave and chivalrous sol
dieis.
At considerable personal hazard I have re
mained here in order to further your interest.
I have had frequent interviews with the
United States military authorities, who have
treated me with uniform kindness and cour
tesy, and acceded to all my requests in your
behalf. Recognizing and respecting your
soldierly qualities, they now ouly desire to
facilitate your return to your families, and to
treat you honorably as soldiers aud fellow’
citizens. lam sure you will reciprocate this
magnanimous and kind feeling.
Paroles will be furnished you in this city,
and the various towns w’here you may be
located, which will entitle you to transpor
tation anti rations where they can lie fur
nished
Transportation will be furnished via Atlan
ta, Dalton, Chattanooga, &c. I fear you
may be compelled to walk from Atlanta to
Kingston or Oartersville. Wagons, howev
er, will be furnished for the sick aud wound
ed. Your parole will guarantee you subsis
tence at any point where a United States
commissary depot may be established.
And now, my friends, I hid you an affec
tionalc farewell. My parting injunction is
to be true to your manhood—to be calm,
courteous and dignified. Avoid discussions.
Use no language of recrimiuation. Be, above
all things, gentlemen. In the peace of your
homes rest quietly.
Be not allured by any enticements to en
gage in guerilla warfare. That will produce
evil and ouly evil. It is unchristian and in
human; and can only protract a contest
which has already caused tears of blood to
fiow r and reared hecatombs of martyrs. I
repeat, therefore, accept your paroles and
regard them with scrupulous fidelity. Let
your conduct be marked by a faithful obedi
ence to the laws of youi country. Resolve
to aid in the great work ot reconstruction
and reconciliation, which will give peace
and prosperity again to this once happy and
prosperous laud.
Commending you to the Great Controller,
of events who has so sorely afflicted us, 1
pray that He may guide and protect you ;
that we may learn w’isdom from the bitter
experience of tbe past; and that your honor
may never be sullied.
I am, your fellow’ citizen,
E. M. Bruce.
First U. S. Mail to Augusta.— This noon Mu. A. L
Harris, Special Agent P. O. Department at Savannah,
forwarded the lirst 11. S Mail to Augusta, peg steamer
.Jeff, Davis, t'apt Henry.— Savannah Herald, Nay 13.
That is a good movement as far as it goes,
aud for it we return Special Post Office
Agent Harris our hearty thanks. We pre
sume a great many of our citizens do like
wise.
But there is another thing which we wish
Mr. Harris would do ; aud for doing which
he would get not only the hearty Uianks of
the residents of the city, but the hearty’
thanks of all the residents of the State. We
wish he would come to Augusta at once, aud
devise some sort of a plan which would tend
to have the mails carried through Georgia
once more. The public do not expect to
have at once the mail facilities they enjoyed
before the days of secession. It will take
time and labor to bring matters back to that
condition. But the citizens of Georgia we
are sure would he content for the present, if
they could have things as they existed under
the “one-horse, picayune system” of Reagau,
the party who had charge of mail operations
under Mr. Davis.
We trust oui special agent Harris will take
pity on this community in the hour of their
distress, and do something for their relief.
“Our suffering is intollerable.’ ’
' For Savannah Ovkrlasd.— Parties who
desire to go to Savannah overland can be
accommodated by calling on Jesse Osmond,
near the factory. He will also cairy freight’.
All persons who who go or have anything'
carried By this route, must have the proper
papers from the military authorities.
Gen. Moi-inkux lias issued an order an
nouncing that Confederate property must
be turned over to U. S. officers; limiting the
(unctions of the City Council to such duties
as may be permitted from headquarters; ap
pointing Lt.-Col. W. M. Rex ford, LJlst N.
V. Vols., Provost Judge of the Post; placing
all cotton under guard till the titles are
proved; and appointing Lt. C. O. Dorranoe,
28th lowa Vols., Post Quartermaster, in
place of Lieut. Fisher, who takes charge of
wagon trains, fuel aud forage.
An ingenious clockmaker of Versailles
has invented a clock no larger than the ordi
nary instruments, which will go for one
year, or indeed for a‘much longer time. The
internal inechauism is not altered, hut the
peudttiom is replaced by a horizontal lever,
which acts on a twist of elastic w ire suspend
ed vertically. r
,l i | j!!J l JlTfi_"i*»»'.jMiiL_riiKjirii n.ii ir tin
CHARLESTON NEWS!
Dates to the lOth Inatnht<
The Methodist Conference.
At the Fourth day’s session of the Metho
dist Conference, appropriate resolutions were
passed iu reference to the assassination of
President Lincoln. Feeling and eloquent re
marks were made by Rev. James Lynch.
Rev. R. H. Cain offered resolutions repel-
the imputation that distinction in regard
to color was made in the Methodist Confer- 4
ence: —
Whereas, the opinion does exist in the
minds of many members of tlie Methodist
Churches of Charleston that the African
Methodist Episcopal Church is an organiza
tion based on a distinction of co/or, and that
we do exclude w’liites or mulatto persons
from our Church and whereas, many persons
have propagated this statement either igno
rantly or maliciously to tbe detriment of tbe
cause of our elevation as a race, aud our
prosperity as a Church organization; and
whereas, many persons have been impressed
with tbe belief that if they transfer their
membership from tbe Methodist Episcopal
Church, South, to which the}’ formorly be
longed, to the African Methodist Episcopal
Church of tbe United States of America, that
the}’thereby w’ould lose their Church prop
erty and be turned out of their homes, aud
driven from all the associations of the Church:
Therefore.
Resolved, That this Conference learns with
deep regret that such an opinion has gained
credence, in this community, that we do en
tertain any feelings on account of color; and
we do denounce any such imputation as
wicked and malicious, and unwarranted by
any acts of our Church, or any laws or re
gulations therein.
Resolved, That we hail all men as our
brothers, whatever be their complexions,
and we have ever maintained that ours is a
Church without distinction of color—accept
ing gladly all men who believe in Christ,
and work for the elevation of our race. * *
Bishop D. A. Payne spoke at length- upon
tbe resolutions very impressively, and they
were unanimously adopted.
Major W. R. -Delaney (colored) w r as to
deliver a scientific lecture on the Origiu of
the Races on Friday, at Zion's Church.
The Railroads.
The work of putting the railroads in run
ning order is progressing rapidly. Cars are
now sent to a point some miles beyond
Branchville. Trains are runuing regulaily
to Summerville. A great many passengers
travel each way.
New York and Charleston Steamship Line.
The second ship of this line —the Grenada,
Capt. Rodney Baxter—is announced to leave
on Wednesday next, the 24th inst, to be suc
ceeded by the Alhambra, Capt- Benson, on
Wednesday, the 31st inst.
Washington Race Course.
A large attendance was present at the
course on Wednesday last to wituess a race
between grey horse, “Union Billy,” entered
by John Hawthorn and chesnut mare “Etta
Cooper” entered by Win. A. Grant. Stakes
a side for three-quarters of a mile heat.
“Etta” won the Iqjat—time, 1 minute 55
seconds. Owing to some misunderstanding,
however, the stake holders had not paid
over. V
Tlie Course is to be open next Friday to
all horses.
Attempt to Render Useless.
Tlie Eugine House of the 2Et.ua Fire En
gine Company was entered Wednesday night
by some unknown parties and two sections
of tne hose cut, making it unfit for use. Tlie
Engine House of the Phoenix Fire Company
was also entered recently, the suction dis
placed, and the hose thrown iu such a man
ner that in case of alarm any rapid move
ment to bring out the engine would Itave
entirely ruined the hose.
Savannah, Ga., May 1(5, 18G5.
To Alhert G. Brown k, Esq.
Supervising Special Agent, Treasury Depart
ment, Fifth Special Agency :
Sir: —To correct misunderstanding and to
secure uniform action by Agents of the Trea
sury Department in collection of captured
and abandoned property, all agents will be
required to observe the following directions.
No property owned by individuals and
noir in their possession will be treated as cap
tured, except such as has been taken by the
National forces from hostile possession, and
has been or shall he turned over to agents of
the Treasury Department under military
orders.
No property will be treated as abandoned
except such as has been or shall be found ac
tually deserted and out of the custody of the
lawful owners or their agents, aud no house
hold goods,appurtenances,or furniture will be
touched by agents of the Treasury Depart
ment under any civcumstances, except for
the purpose of keeping the same carefully
stored subject to directions from the Secreta
ry of the Treasury.
Any property, which there is satisfactory
reason to believe, has belonged to the late so
called Confederate Government will be treat
ed as abandoned, when found by Agents of the
Treasury Department, or will be treated as
captured, w r hen taken and turned over under
Military orders.
No authority whatever can be given to
purchase products in States heretofore declar
ed in insurrection, except for account of the
United States, until aftci the President shall
declare that the insurrection has been sup
pressed, or shall otherwise make such pur
chase or the Act of Congress, approv
ed July 2, 1 stif, shall he changed.
You will, by every proper means, eucour
age a return to industrial pursuits in your
agency.
All products of free labor heretofore pro
duced within the National lines, as then de
signated, or hereafter produced in the States
ot Tennessee, Virginia, North Carolina, Geor
gia, Florida, and so much of South Carolina,
Alabama and-Alississippi, as shall be declared
within the Hues of occupation by the Depart
ment Commauders thereof, may be taken, or
sent to market iu the loyal States by the pro
ducers on their own account, without sale to
the United Slates, or auy charge except the
internal reveuue tax, ana the intercourse fees
prescribed by the Secretary of the Treasury.
All products other than of free labor, pro
duced iu insurrectionary States, prior to the
order of the Secretary ot NVar extending the
lines of military occupation, dated April 17,
IHCJ, nuty be sold to agents appointed by tfte
Secretary of the Treasury to purchase for
the United States. These agehts will be lo
cated at all the Atlantic and Gulf ports Im
mediately, and will pay for such property
three-fourths (3-4) of the New York market
price.
Arrangements will be immediately made
in your ageucy for unrestricted trade in the
sale of all supplies not contraband of war.
All persons who take the oath of loyalty
will be permitted to’ bring such supplies,
in any quantity desired by them, to all mili
tary posts in your agency, and there to sell
the same to all loyal persons, in unrestricted
amounts.
The purpose of the Government is to es
tablish in all districts where good order is
maintained by the inhabitants, as nearly an
unrestricted trade as possible under the pres
ent law ; aud you will lie careful to see that
the above directions are carried out in your
ageucy, aud that all technicalities are avoided
which are not absolutely required uuder the
law’.
I am your ob’t serv’t, -
Wm. P. Mellen,
General Agent Treasury Dept.
The State Agricultural College of Maine is
still unlocated. - Benjamin F. Nourse, of
Boston, formerly of Bangor, has offered as an
unconditional gift his farm at Goodale’s Cor
ner, in Orrington, the area o£ which is over
four hundred acres, with all its farm imple
ments, buildings and improvements.
pipping |f itielligeiu*.
PORT OF SAVANNAH.
Monday, May 22,12, M.
Arrived This Forenoon.
Steamer Jeff. Davis, Henry, Augusta,
Cleared This Forenoon.
U S iron Clad steamer Savannah, Eldridge, Augusta;
steame,- Emilie, Bender, Hilton Head.
el ||rnbals,
PULASKI HOUSE.
Monday Morning, May 22, ISOS.
M Bryant, USA S J Langdon, Charleston
J B Rife, “ W A Frazer “
J R Norton, Savannah' J Y Frazer “
J M Ogden “ J H White, Virginia-
T J H-enan, H Head Mrs W S Reed “
C Dallas A B De Saulles, N O
E G Francis, Augusta S Huntington “
H Waterman •• W L Harvey, Richmond
A Pitcher “ J J Wingfield “
C E Staples “ H Spears
W B Davison “ J McKim and lady, 6US I
WII Crane, Jr., “ Dr Sturgis, New York
D C Seymour, Georgia Mr and Mrs Knnochau
A Dexter, “ 2 children, 2 nurses, N O
ini,
HEADQ’RS DIST. OF SAVANNAH, !
Savannah, Ga., May -.’o, 1805. j
Grnkr ai. Order, !
No. 34. f
General Order No. 33, revoking General Order No.
29, is hereby revoked.
General Order No. 29 will therefore immediately go
into effect, subject to any amendments which may
hereafter from time to time be found necessary.
By command of
Brevt. Maj.-Gen’l C. GROVER.
Edward G. Dike, A. A. G. may2o
HEADQUARTERS DISTRICT OF SAVANNAH,
Savannah, Ga., May 20th, 1805.
CIRCCLABfc?'
Until further orders it will be necessary for persons
desiring to go North from this District, on private
steamers or other vessels, to forward their applica
tions for such permission to the Headquarters of the
Department, through the.-e Headxuarters.
By command of
Bvt. Maj.-Gen’l GROVER.
Oi.iver Matthews, A. A. G.
HEADQUARTERS U. S. FORCES,
Savannah, Ga., May 20, 1865.
General Order,!
No. 3<i. (
General Order No. 12 is hereby revoked.
By command of Brvt. Muj. Gen. GROVER
Epward G. Dike, A. A. G. may2rt
HEADQUARTERS U. S. FORCES,
Savannah, Ga., May 20th, 1863.
General Order,!
No. 35. f
All restrictions heretofore placed upon the bringing
in of wood from outside the picket lines surrounding
the city, are removed. -
Those availing themselves of the privileges so ex
tended will however be held strictly responsible that
they do not cut wood upon lauds not belonging to
them, without proper authority. Neither will they be
permitted to disturb fences or other improvements.
By command of i
Brevet Major Gen. C, GROVER.
Edward G, Dike, A. A. G. may2o
HEADQ’RS DEPARTMENT OF THE SOUTH,
Hilton Head, S. C., May 18, 1860.
General Order,!
No. Cl. f
I. The Districts of Hilton Head and Beaufort, are
hereby consolidated into one, to be known as the Dis
trict of Port Royal, with its Headquarters at Hilton
Head.
11. Brig. Gen. E. E. Potter, U. S. V., is hereby as
signed to the command of the District of Port Royal.
in. The following General Orders from the War
Department, are published for tlie information and
government of this command :
WAR DEPARTMLNT,
Adjutant General’s Office,
Washington, May 1,1865.
General Orders, 1
No. 79. /
FOR REDUCING THE NUMBER OK GENERA!., FIELD AND
STAKE’ OFKIOERU.
It is ordered bv the President, that, resignations of
of General, Field and Staff Officers will be received un
til the fifteenth of this month; at which date the Ad
jutant General is directed to commence mustering
honorably out of service all General, Field and Stan
officers who are unemployed, or whoso service is no
longer needed.
By order of the President of the United States.
W. A. NICHOLS,
Assistant Adjutant General.
WAR DEPARTMENT,
Adjutant Office,
Washington, May 3, 1805.
General Orders,)
No. 81. f
With a view to prevent accidents, Commanders or
Army Corps, Departments, and Military Divisions,will
immediately take the precautions necessary to ensure
the discharge of all small arms and cannon, including
those captured from the enemy, before being tarqeif
over by the troops for storage or shipment.
By order of the Secretary of War.
W, A. NICHOLS.
Assistant Adjutant General.
WAR DEPARTMENT,
Adjutant General's Office,
Washington. MayO, 180;..
General Orders,)
No. B.*. /
FOR REDUCING THE NUMBER OF COMPANY AND STAFF OF
FICERS OK VOLUNTEER REGIMENTS.
By direction of the President, all Company and Staff
Officers ol Volunteer Regiments, absent Horn their
commands on account of physical disability, or by vir
tue ol leaves of absence granted them on their return
to loyal States as prisoners of war, will be honorably
mustered out of the service ol the United States, of
date the fifteenth (15th; Inst.
Said officers will immediately apply by letter, to the
Adjutant General of the Army for their muster-out
and discharge papers. In case of physical disability
Irom disease or wounds, the let, er must lie accompa
nied by a Medical Certificate of the usual form.
The Post Office address of the officer must be given
with caie in all cases.
By order of the Secretary of War.
W. A. NICHOLS,
Assistant Adjutant GeutHff
By command of Major Gei>- (jj. A^iHLLMORE.
waylti Capt, 35th U, 8. C. TANARUS., A. A. A. G,
fffltial.
[offklial.]
HEADQ’RS. DEFT. OF THE SOUTH
Hilton Head, S. C , Mav 15 1
General Orders! ’ y 16 ’
No. 52. f
The following General Order from the War iw.,t
ment. Is published for the Information of this com"
maud.-
s WAR DEPARTMENT,
Adjutant General's C Wicr
General Orders! April -.4 1865.
No. 73. /
The attention of all Commanders of Military Divis
ions, Departments, Districts, Detachments and Posts"
is drawn to the annexed opinion of the Attorney ,7’
frali Which they will observe, and regnlau- theKon
in accordance therewith l on
ATTORNEY GENERAL’S OFFICE,
Hqn. Edwin M. Stanton, Secretary of vTar '
Sir : I have the honor to acknowledge the receint of
your letter or the 22d of April. In it ySu ask me three
questions, growing out of the capitulation made be
twixt Gen, Grunt, of the United Slates Army, and Gen"
Lee, of the rebel army. ■
You ask, First. Whether rebel officers who once ie
sided in the city of Washington, and went to Viieinis"
or elsewhere iu the South, aud took service, can re
turn to the city under the stipulations of the canit ni«
tion, and reside here as their homes ? P u
.Second. Whether persons who resided in Waehinir
ton about the tune the rebellion broke out lelt the
city and went to Richmond where they have adhered
to the rebel cause, entered into the rebel service or
otherwise given it their support, comfort, and aid can
return to Washington, since the capitulation of’Gen
Lee’s army, and the capture of Richmond, aud reside
here under the terms ot the capitulation ?
Third. You state that, since the capitulation of Gen
Lee’s army, lebel officers have appeared iu public in
the loyal States, weuring the rebel uniform : and you
ask whether such conduct is not a fresh act of hoslili
ty, on their part, to the United States, subjecting them
to be dealt with as avowed enemies of the Govern
Your letter is accompanied with a copy of the terms
of capitnlatiou entered into betwixt Gens Grant and
Lee. It is as follows:
’•Rolls of all the officers and men to be made in du
plicate ; one copy to be given to an officer designated
by me, the other to be retained by such officer or offi
cers as yon may designate. The officers to give their
individual paroles not to take up arms against the Go
vernment ot the United States until properly exchang
ed, and each company or regimental commander sign
a like parole for the men of their commands The
arms, artillery, and public property to be parked and
stacked, and turned over to the officers appointed bv
me [Gen. Grant] to receive them. This will not em
brace the side aims of the officers, nor their private
horses or baggage. This done, each officer and man
will be allowed to return to their homes, not to be
disturbed by the United States authority so long as
they observe their parole and the laws iu lorce wnere
they may reside."
I —ln giving construction to these articles of capitu
lation, we must consider in what capacity Gen. Grant
was speaking. He, of course, spoke by the authority
of the President of the United States, as Commander
in-Chief of the Armies of the United States. It must
be presumed that he had no authority from the Presi
dent except such as the Commander-in-t .’hief could
give to a military officer.
The President performs two functions of the Govern
ment; one civil, the other military. As President of
the United Stales aud its civil head, he possesses the
pardoning power; as President oft he United States he
is puiiinaudei-in-Ohief of the Armies of the United
States, and is the head of its belligerent power His
power to pardon as a civil magistrate cannot be dele
gated : it is a personal trust inseparably connected with
the office ot President. As Commander-in-l’hief or the
Armies of the United Stutes, he has of necessity to
delegate a vast amount of power. Regarding General
Grant then pn tly as a military officer, and that he was
speaking as one possessing no power except belliger
ent, and considering that tact to be well known io°the
belligerents, with whom he was making the stipula
tion, let us come to the consideration of the first Ques
tion which you have propounded.
It must be observed that the question is not as to
the extent ol the power that the President, as Com
inauder-in-Chief ol the Armies, possesses • it is uot
whether he, as Commander in-Chief of the Armies of
the United States could grant parole, by virtue of his
military authority, to rebels to go to, and reside in loy
al communities—communities that had not been in re
bellion aguinst the Government of the United States;
hut the question is whether by, and under the terms ot
the stipulation, he has granted such permissions
lti the cases In 2 Black, commonly called the'Prize
C °Hf t ,P r the r “ iteil y i.,tes decided
that the rebels were belligerents: that this was no
loose, imotgamzed insurrection, without defined boun
dary, but that it had a boundary, marked by lines of
bayonets, which can only be crossed by force; that
llue “ enemy’s territory, because claimed
and held by au organized hostile and belligerent pow
er ; that, all persons residing within that territory must
be treated as enemies, though not foreigners; an Jit
is well settled that ail persons going there without li
cense, pending the hostilities, or remaining there alter
hostilities commenced, must be regarded aud treated
as residents of that territory. It follows, as a matter
of course, that residents ol the territory in rebellion
cannot be regarded as having homes in the loyal States.
A man’s home and his residence cannot be distinct the
one irom the other. The reliels were dealt with by
General Grant as belligerents. As belligerents, their
homes were of necessity iu the territory belligerent to
the Government of the United States. The officers
and soldiers of Gen, Lee’s army, then, who had homes,
prior to the rebellion, iu the Northern States, took up
their residence within the rebel States, and abandoned
their homes in the loyal States; and when Gen. Grant
gave permission to them, by the stipulation, to return
to their homes, it cannot be understood as a permis
sion to return to any part of the loyal States.
That was a capitulation of surrender, aud not a truce
Vattell lays it down that: [p. 414] ‘ During the truce
especially if made for a long period, it is naturally al
lowable lor enemies to pass and repass to and from
each other's country, in the same manner as it is allow
ed iu time of peace, since all hostilities are now
suspended. But each of the sovereigus is at liberty, as
he would be in time of peace, to adopt every precau
tion which may be necessary to prevent this intercourse
f.om becoming prejudicial to him. He has just grounds
ot suspicion against people with whom he is soon to
re commence hostilities. He may even declare, at the
time of making the truce, that he will admit none of
the enemy into any place under his jurisdiction.
‘•Those who, having entered the euemy’s territories
during the truce, are detained there by sickness, or any
other uusurmountable obstacle, and thus happen to
remain in the country after the expiration of the ar
mistice, may, in strict justice, be kept prisoners; it is
an accident which they might have foreseen, and to
which they have, of their own accord, exposed them
selves; but humanity aud generosity commonly re
quire that they should be allowed a sufficient term for
their departure.
“H Hie articles of truce .contain any conditions ei
ther more extensive or more narrowly restrictive than
what we have here laid dowu, the transaction becomes
a particular convention. It is obligatory ou the con
tracting parties, who are bound to observe what they
have promised jn due form; aud the obligations theace
resulting constitute a conventional right
Now if the rights of enemies, during a long truce
and suspension of hostilities, are thus restricted, it
would seem evident that their rights under a capitula
latiou or surrender, withont, eny suspension of hostili
ties, could not, Without express words in the stipula
tion to that effect, be anything like as large as under a
truce and suspension of hostilities.
Regarding Gen. Grant, then, as sneaking simply as
soldier, and with the powersuf a soldier; regarding
this war as a territorial war, and persons within that
tei ntory as residents thereof, and. as such, enemies of
the Government ; and looking to the langnage of tho
stipulation, 1 am ol opinion that the rebel officers who
surrendered to Gen. Grant, have uo homes within the
loyal Status, and have no right to come to places which
were their homes prior to their going into the rebel
lion,
11. -As to your second question—The stipulation of
surrender made betwixt Gens. Grant and l.ee, does
uot embrace any persons other than the officers and
soldiers of Gen. Lee’s army. Persons in the civil ser
vice ol the rebellion, or who had otherwise given it
support, comfort and aid, and were residents cf the
rebel territory, certainly have uo l ight to return to
Washington under that stipulation.
111. —As to the third quesiion—My answer to the first
is a complete answer to this.
Rebel officers certainly have no right to be wearing
their uniforms in any of the loyal States. It seems to
me that such officers, having don ewrong in coming
into tTe loyal States, are but adding insult to injury in
wearing their uniiorms. They have as much right to
bear the traitors’ fiag through the streets of a loyal
city as to wear a traitors’ garb. ’I he stipulation of
surrender permits no such thing, and the wearing of
Buch uniform is an act of hoßtililY acainst the Govern
ment. *
Very respectfully, yoqr obedient'servant,
_ 'JAMES SPEED, Attorney General,
By order ot the Secretary of War:
W- A. NICHOLS,
_ Assistant Adjutant General.
By command of Major General q. A. GILLMORE.
T. D. Hodges, Capt 36th U. 8. C. TANARUS.,
Act. Asst, Adjt. General.