Newspaper Page Text
The Savannah Dally Herald.
Wednesday., maV **, is«».
FROM OUR EVENING EDITION!
OF YESTERDAY.
. GENERAL ORDERS.
A number of General Orders of consider
able importance and much interest to the
community, went into operation this morn
ing. The action of these, and the iutlux ol
money, which welcome cargo is said to have
arrived by the last boat, will inaugurate a
“tide in the affairs of men," which all will
welcome.-- - ~
For New York Direct.— The Pioneer
Line-Steamship Chase, Cnpt. M. L. Rodgers,
was cleared this morning for New York di
rect, with passengers aud freight, by Messrs.
Hunter & Gammell, Agents.
Arrival ok the Schooner “Nancy" Mills.
—The schooner Nancy. Mills, C’apt. Small,
from New York, via Hilton Head, arrived
last evening, having on board Ales, Wines,
etc., for Kirkliu & Cos., of the “Our House,’’
lumber and other freight.
Drowned. —On the last trip up the Savan
nah river of the steamer Jeff Davis, between
Poor Robin and Sister’s Ferry, a negro man,
in a small batteau, signalled the steamer.
The wheels were stopped and the man came
alongside, stating that he wanted to go to
Augusta. Iu the act of getting on board
the Jeff Davis he fell overboard aud sunk
immediately. From the bulky appearance ,
of his clothing it was supposed that he had
on his person a large amount of coin or
some weighty substance. The deceased did
not rise after going below the sur face.
The Surrender of Dick Taylor.— Gen.
D'ick Taylor signed bis capitulation to Gen.
Cauby with a Common steel pen tied to a
stick‘with a thread. Gen. Canby used a quill
pen. The correspondent of the-New York
Herald says that iu speaking of the terms
offered 16 the relief army by the government,
the officers accompanying Gen. Taylor pro
nounced them magnanimous. They con
fesscdihat the North had fairly conquered,
and the sooner the entire South laid down
their arms the better it would be for them.
They ask what those are now to do whose
homes ai‘e m the loyal States, as the late
order of the Provost Marshal General, Uni
ted States Army, prohibits their return. In
dignation and feelings of abhoirence were
expressed by Gen. Taylor and his officers at
Uie assassination of Mr. Lincoln. Among
the officers surrendered were Gens. Forrest
and Roddy, Chalmers, and Gideon ,T. Pillow.
Qnk D-vr I*ater Nortiikkn News has been
received, but it contains little of special in
terest. Brief extracts from the N. Y. Her
ald of the 18th appear in the Republican of
this morning. A General Ordec from the
War‘Depilrtoieht declares that all persons in
arms against the U. S. Government east of
Mississippi after June Ist, will be regarded
as guerillas aud punished with death. The
Stonewall had arrived at Havana, where she
was taking in coal, t s. S. war vessels had
beeu sent and were arriving from Key West,
to shut her in and capture her.
Gold closed at 180 on the evening of the
!Bth. The stock market was lower. Cqtton
was steady; sales about 2,500 bales. The
quotations were Upland Ordinary 34, Mid
dling 50, Middling Fair 75. The review of
the armies assembled around Washington
was to take .place on the 23d and 24tb
instant.
Thk Pcuuc Schools —lt will be Seen
lrom the notice of Mr. J. F. Cann, Superin
tendent of Public Schools, that the Boys’
Grammar School is to be opened to-morrow,
the 24th inst., aud the Girls’ Grammar School
upon the next day, Thursday, the 25th,
The following are the names of the teach
er* seeded for the two schools already es
tablished :
Grammar Schools lfcv. James S. Cozby,
Mr. Edward C. Hough, Misses Mary A. Mc-
Carter, Sallie E. Coxe, Yirgiuia Miller, Ella
Uilham, Failure A. Dorartt. TUe following
named teachers have been selected for the
Primary Schools: . Misses Mary McCord,
Ella E. Qnarutock, Mary Gould,
Mr. C'ann, the able Superintendent of
schools, has beeu iudelatigable in his efforts
at reorganizing the schools aud securing the
very belt teachers. It will be Been that his
endeavors have been rewarded with a good
measure of success, and we look to see a full
attendance at the schools, and a cordial
co operation of the citizens in sustaining the
Superintendent in his arduous undertaking.
Tub Pacificator ; a journal devoted to
the interests of the Catholic Church, Au
gusta, Ga.
We have received Jute issues of this
well conducted paper. The Pacificator is the
authorized organ of the Church i» this sec
tion, and is published under the approbation
ot the Right Rev. Bishops of Sayanuah,
Richmond and Mobile. It has long been the
only paper devoted to Catholic interests in
the ■Southern Htates, and is conducted with
such ability as to eutitle it to the high trust.
An editorial note says:
■The Confederate money paid in for sub
scriptions, aud with which we calculated on
defraying the expenses of publieation for the
remainder of the year, is now valueless. We
there time, appeal to our friends to renew
their subscriptions, aud sincerely trust that
they will eviuce their approval of our efforts
by complying with oujr term* as jjooh as they
uav# the means. '
nvtm no or thg cirmi
_ ._. OF TiTJIU COltt W
Resolution* iu Regard to Rea
Admission to the Union.
CONFIDENCE IN TU£ (J. 8. GOVERNMENT.
Official Report of the Proceed*
liia;*.
Pursuant to notice a meeting of the citi
zens of Tatnall County assembled in Reids
ville on Monday, the 15th of May, 1835, to
take into consideration the present condition
of the County.
On motion of Rev. Wm. J. Jordan the
Hon. A. D. Eason was called chair,
ami J. A. Rogers requested to act as Sec
retary.
The chairman having stated the object of
the meeting, on motion of A. W. Daley a
committee of live was appointed by the
chair to draft suitable resolutions for the
consideration of the meeting. The commit
tee was composed ot the following named
persons:
A. W. Daley, Jas. A. Standtield, John H.
Durrence, James B. Smith and L. A. H.
Tippins.
The committee after retiring for a short
time returned with the following preamble
and resolutions, which were read and unani
mously adopted:
Whtreas, the present condition in which
Georgia is placed demands that important
action should be taken, and we believe now,
as we have heretofore expressed ourselves,
that the war which has raged with such
magnitude could have been avoided if rea
son had been allowed to dictate, since the
two sections of the country were strongly
allied iu their common interests—each de
pendent on the resource's of the other, for
bidding that such hostilities should ever have
existed; and since we think that the time
lias arrived when all differences and hostili
ties should cease, and both sections of the
country unite uuder the principles estab
lished by the patriots of ’76; therefore,
Resotmi, Ist. That this meeting concur in
the opinion of His Excellency, Governor
Brown, that the necessity is great for the
convening of the Legislature.
2nd. That we deem it the duty of Georgia
to seek her former position iu the Union by
repealing the < Irditmnee of Secession.
3rd. That we have full faith and confidence
in the United States Government; wekuow
that it is for the interest of both sections of
the country that the South should be restored
with all rights guaranteed uuder the Consti
tution, and we do not believe that our North
ern brethren seek to disfranchise us of any
right of property guaranteed to us by the
Constitution of the United States, but to
provide a safeguard to protect us In the same.
•ftb. That our Senator and Representative
in the General Assembly of Georgia be, aud
they are hereby instructed to urge every
means to carry out the intentions of the fore
going Resolutions.
Mir. That the proceedings of this meeting
be published iu the Savannah papers, and
that a copy be sent to the Hon. Sheldon P.
Smith, our Representative in the State Leg-*
islature.
On motion tlie meeting adjourned. *
A. D. Easox, Chairman.
J. A Rooers, Secretary.
Where Was Jeff. Davis Going?—Jeff.
Davis was captured iu t he town ol Irwiusville.
in the Southern part ot’Georgia, at a point
near the Florida line, and not very lar from
the Florida epast, It is evident, therefore
that his intention was to reach some spot on
that coast, perhaps near St. Mark’s, and by
means of a fishing sinfcck or some other small
vessel make for the Island of Cuba, which is
only some sixty or seventy miles distant. If
he succeeded in reaching Cuba, he might
bave secured passage in a blockade runner
or some French vessel, and proceed direct to
Matamoras. He might have entered Texas,
if he chose, by that route, or with his hand
ful'of followers, thrown himself under Maxi
milian's protection. But his escape from
Florida was doubtful, for .provision bad beeu
made by the government to watch with
ceaseless vigilance the entire Florida coast
in anticipation of the arch-rebel seeking his
exit from that quarter.— N. Y. Ilemhl. °
At a recent temperance meeting held in.
Elmira, N. \., Rev. T. K Beecher, a broth
er of Henry Ward, took position in favor of
the use ot ale and wiues, as a prophylactic
for iuteinperance. He said that he had so
taught lrom his pulpit, and he should do it
again—that he had advised Messrs. Briggs
& Bovier to rebuild their brewery in the tem
perance cause ; that he had a barrel of good
ale in his cellar, but there was scarcely a
saloon in Elmira where a glass of ycWale
could he procured, as lie had tried at almost
every one ; and that if we formed a tempe
rance organization on the basjs of total absti
nence, we should act contrary to conscience
and so contrary to God, aud should conse
quently fail.
Hakmony Brtwekm the Generals —The
American people will bear with satisfaction
that between Lieut.-Gen. Grant and the
eminent subordinates who have led the
ai inies ol tha Lnion to the magnificent
triumphsmf the l&st Tew mouths, there ex
ists not merely perfect accord aud harmony
but the fullest mntual confidence, the most
fraternal esteem and trust. Each feels that
the other has acted well his part; and that
the conclusive victories of the Union cause
do honor to each and all, being the tVuits of
their well combined efforts aud their perfect
co-operation.— N. Y. Tribune.
Says the Washington Chronicle, ‘ The
statement that Booth made f‘>o,ooo a year
in his‘profession,’every well-informed man
know* to be false. 11 is engagements were
almost universally failures, and latterly no
sagacious manager has dared to present him
to the He failed Irj Ijis profession.”
George S. Hillard, of Boston, one of the
writers of the Courier of that city, rose to
address an audience in Charlestown, Mass.,
on the occasion of services in memory of
Abraham Lincoln, but the people wouldn’t
bear; they said they didn’t want anything
lrom the Boston Courier; so Hillard was
obliged to sit dowu.
There is in the Patent Office at Washing
i? J, model of a steamboat invented by
Abraham Lincoln. It was patented.
Wmhhsll Phillips ton Matter to Jtrt.
D«vm, ■■is a mtmiugvi the Aati tMgvery
Association, held in New Yotk .recently, Mr.
Phillips came forward and asked that, while
Ab?audienceweretnaki og up their minds as
to whom they would like to hear next, he
111 beallowed one single word in reply
to Mr. Tilton’s observation that, iu bis opin
ion, lie had placed an obstacle in the way of
negro suffrage by renouncing the gibbet. He
would only say that holding a common
Southern white man iu one hand reading a
newspaper, aud the negro in the other wield
mg a bayonet, both stauding each on his own
farm, he Would not be afraid of Jefferson
Davis (applause); not If they multiplied him
by one hundred thousand- Until be .was
made afraid be would never hang him.—
(Voices —“You ought to,” and cheers.) —
He once wrote over the grave of John
Brown, “Virginia dared not let him live,”
and never, with his consent, should a South
erner write over the graye of Jefferson Davis
“The Union dared not let this wretch live.”
Wandering over the face of the earth, and
pointed at with the finger of scorn as the
man who had tried to found a republic on
slavery, he is not so strong as resting iu his
grave, with his friends saying to the world,
he was too strong in his cause and in his ad
herents for the Union to permit him to live.
Brother Ignatius, the English monk, has
been observing Lent with such extraordinary
rigor that he several times fainted in church
from exhaustion.
President Johnson has recently had his life
insured for #IO,OOO. His late illness was from
vertigo, to which he has always been sub
ject.
The rebel General Early, it is said, died’
recently at Lynchburg. Previous accounts
had left him there suffering from rheumatism
in the stomach.
George D. Prentice of the Louisville Jour
nal, is lying, sick at the St. Cloud Hotel,
Nashville. Clarence D. Prentice, his sod,
latety a rebel officer, has taken the oath of
allegiance to the Federal Government.
Hilton Head, May 17, 1805.
Sir : I have to-day seen the new regulations
prescribed by the Secretary of the Treasury,
which went into effect on the 10th inst. As
I bave no copy for you, I give you a synopsis
thereof and such directions as they seem to
require. You will please see that 'the same
are promptly executed in your agency. All
previous regulations are revoked! Tbe new
substantially prescribe as follows:
Ist, Nothing but cotton can be purchased
by agents appointed to purchase for the
United States.
2d. All other products in States included
in the President’s proclamation of April 20,
1805, may be forwarded to loyal States, by
any owner thereof, whether be lie the orig-.
iual producer or a purchaser, upon payment
of tbe internal revenue tax.
3d, Any person taking the prescribed oath
that he will be hereafter loyal to the Uuited
States, receive any amount of goods,
not contraband of \vaivand, may dispose of
them without restriction at any place in the
lines named, to any persou who shall have
taken the same oath. The authority to do
that will be given by tbe custom officer of the
port where the goods are received, or by any
other officer of the Treasury Department.
lou will at once commence acting niider
the new regulations as above indicated. You
w ! ll also at once dismiss nil local special
Agents hi your agency, duty being here
alter required of them. T
Any merchandize now arrived or hereafter
arriving in your agency, under a proper clear
ance, you will cause to be permitted to be
landed and disposed of to or by any person
authorized as above.
Please to instruct assistants in your ageucy
accordingly.
I am, very respectfully,
Your obedient servant,
(Signed) Wm. P. Meli.es,
General Agent Treasury Department,
Albert G. Browne, Esq.,
Sup. Spec. Agt. stli Agency, ,
B | Treas. Dept., Savannah, Ga. 1
ftotcl Ijlrribals,
PULASKI ROUSE.
Tuesday Morning, May 23, 1865.
.1 P Schindeh USA ,T P Hoyt, Colnmbns
J AHe Forrest, N H .. Col ,1 P Green, 0 U SRI
PORT ROYAL HOTEL, (HILTON HEAD,) MAY 21
Mrs Hallex, Washington A L West and lady, V:v
Caps. E B Vanwinkle, Char T Greenhow “ ••
A Getty, Phila W G Waller
Mr and Mrs Foster and J .1 Elam, “
cbiid. St Augustine J Brown and wife «
Mr and Mrs Smith, - J B Rowell, 3avh
St Augustine, APutenhope, “
Ma,i A Bogle, Boston Capt J Baxter. TS Batt
W Logan, wifi; aud child'n. N V V V
7 U SI D J Hutchinson, T 5 Batt
.1 Uffendill, NY N Y V V
W H Dimond, Capt and Maj R M Howe, H Head
A A G, U S V DrHarrold, Va
—i '"""J UUUL _J
ibippiug lutflUgciue.
PORT OF SAVANNAH.
Tuesday, May 20, 18, M.
Cleared This Forenoon.
Steamer U. S Grant, Briggs, Hilton Head.
Pioneer line steamship C%we, Rogers, New York,
Hunter A Cjaibiflpll.
P.VBSBHOBKB —p F Jett, J Blackwell, A L Harris,
i K . Bnrimy H Waterman, Cjiaa E Staples, L Jaqnelin
Smith, H L Flash, Geo II Frost, Z B Wheeler, JMe
Donougb, A Dexter, Mrs Dexter, C Balyean, Mrs Bal
y-an, S Cntner, J 8 Cooper, M H Gowdv. F M Thread
eiaft, John E Beebe, J H Craig, F Cervean, J L Jtiuek
ta, D Kemp. F W Jones, Mrs Haas, and 5 steerage.
Savannah Exports.
New York—Per Pioneer line steamship Chase, 350
dry bides, 20 packages soldiers’ freight, 101 bbls rosin.
8 casks and 6 bbls beeswax and tallow, 1 bale wool. 31
bbls ale •
JJOST QUARTERMASTER’S OFFICE,
Central Railroad Bank,
Savannah, Ga., May, Ist, 18C5.
In pursuance of orders, received at this office, all
citizeus occupying buildings, whose owners are ab
sent within the Rebel lines, or buildings, or other
property belonging to disloyal persons, will, unless
such buildings have been previously assigned—rent
free—settle the rents for the same, due the Uni
ted States, at tjjig ojhre on or before the io(h of
May.
A failure to comply with the above will cans* a
I'oi feiture of all claims to further occupation.
8. S. STARR,
mayl Capt. and A. Q. M„ in charge of buildings.
CIDER FOR .SALE,
To families by the quart or gallon, at
O'MEARA & CO’S
mh24 OVCT Ad4ra *’ I * B * Office. Bay street^
—— -
.JS.fflgf y 1
HeADCTR’9, - *
Hilton Head, S. C., May ir >( 186r> j-
Grnkra*. OrdersT “ - - - *
No. 08. • i j ~“ - »-
1. The proclamation of A. G.
styling himself Governor of South Caroliua’
dated at Headquarters, Columbia, South
Carolina, May 2d,’1805, declaring that all sub
sistence stores anti the property of the Con
federate States within tbe limits of the State
should be turned over aud accounted for by
tbe Agents of the State, appointed for that
purpose, apd directing that the subsistence
and other stores shall be used tor the relief of
the people of the State ; and the proclama
tion of Joseph E. Brown, styling himself Gov
ernor of Georgia, dated at the capitol of that
State, on the 3d day of ,May, 1865, requiring
the officers and members of the General As
sembly to meet in extraordinary session at
the Capitol in Milledgeville on Monday the
22d day ot May, 1865 ; and the proclamation
ot A. K. Allison, styling himselt Acting Gov
ernor of Florida, dated at Tallahassee, on tbe
Bth day of April 1865, giving notice and di
rection that an election will be held on Wed
nesday, the 7th day of June, 1865, for Gov
ernor of the Stale of are, each and
all of them, declared null and void, it having
become known to me, from trustworthy in
formation, that tbe aforesaid A. G. Magratb,
Joseph E. Brovyu, aud A. K. Allison, are dis
loyal to the United States, having committed
snndry and divers acts of treason against the
same, iu adhering to tbeir enemies, giving
.hem aid and comfort.
Tbe persous and peoples, to whom the
proclamations hereinabove referred to have
been respectively addressed, are therefore
enjoined and commanded to give no heed
whatever thereto, or to any orders, procla
mations, commissions, or commands, emana
ting from persons claiming tbe right to exer
cise the functions and authority of Governor
in either ot tbe States of South Carolina,
Georgia, or Florida, unlass the same shall
have been promulgated by the advice or
consent of tbe United States authorities.
11. The policy and wishes of the general
government towards the people of these
States, and the method which should be pur
sued by them iu resuming or assuming the
exercise of their political rights, will doubt
less be made known at an early days
It is deemed sufficient, meanwhile, to an
nounce that tbe people of tbe black race are
free citizens of the United States, that it is
the fixed intention of a wise aud beneficent
government to protect them in the enjoy
ment of tbeir freedom and the fruits of tbeir
industry, and that it. is the manifest and
binding duty of all citizens, whites as well
as blacks, to .make such arrangements and
agreements amo’ng themselves, for compen
sated labor, as shall be mutually advan
tageous to all parties. Neither idleness nor
vagrancy will be tolerated, aud the govern
ment will not extend 'pecuniary aid to any
persons, whether white or black, who are
unwilling to help themselves,
111. District and Post Commanders
throughout this Department will at once
cause this order to be circulated far and wide,
by special couriers or otherwise, and will
take- such steps, to secure its enforcement as
may by them be deemed necessary. -, ■ »
Q. A. Gillmore,
Major-General Coffimandmer.
T. D, Updoes, „ .... . 5
Capt. 35th U. S. C. TANARUS,. Act. Asst. Adjt Gen’l.
heauquahtkkn district of Savannah,
• Savannah, Ga„ May 20th, 1805.
• ■■ • > Oiuecr.Aß.
Until further orders it will be necessary for persons
desiring to go North from this District, oh private
steamers or other vessels, to forward their applica
tions for such permission to the Headquarters of the
Department, through these Headquarters.
By command of
4 “ Bvt. Maj.-Gen’l GROVER.
Oliver Matthews, A. A. G.
U7 S.' FORCES,
„ * ' Savannah, Ga., May 20, 1565.
General Order,!
No. ac. i . ... ■ A
General Order No. 12 is hereby revoked.
Bycommandof Brvt. Maj. Gen. GROVER
Edward G. Dike, A. A. G, may2ft
HEADQUARTERS U. S. FORCES,
Savannah, Ga., May 20th, 1805.
General Order,! 1
No. 35. |
All restrictions heretofore placed upon the brfbging
in of wood from oufside the picket, lines surrounding
the city, are' removed. °
Those avaiiing.themselves of the privileges so ex
tended will however be held strictly responsible that
they do not «ut wood upon lands not belonging to
them, without proper anthority. Neither will fliey be
permitted to diitrwb fences or other improvements.
By command of
Brevet Major Gen'. C. GROVER.
Edward G, Dike, A. A. G. tnay2o
HEADQ’HS DEPARTMENT OF TUE SOUTH —
Ililton Head, S. C., May IS, lt>Cs.
General Order,!
No. Cl'. ' f
I. The Districts of Ililton Head and Beaufort, are
hereby consolidated into one, to be known as the Dis
trict of Port Royql, with its Headquarters at Hilton
Head,
11. Brig. Gen. E. E. Potter, U- a. V.„ is hereby as
signed to the command of the District of Port Royal.
IIL The following General Orders from the War
Department, are published for the information and
government of this command :
WAR DEPARTMENT,
Adjutant General's Office,
~ Washington, May 1,1666.
General Orders,)
No. 79. /
for reducing the number of general, field and
STAFF OFFICERS.
It is ordered by the President, that, resignations of
of General, Field and Staff Officers will be received un
til the fifteenth of thiß month; at which date the Ad
jutant General is directed to commence mustering
houorably out ol service ail Geueral, Field and Waft
officers who are unemployed, or whose service is no
longer needed.
By order of the President of the United States.
W. A. NICHOLS,
• Assistant Adjutant General.
WAR DEPARTMENT,
An.itiTANT General's Office, '
Washington, May 3,1806
General Orders,!
No. 81. j ' -' *
With a view to prevent accidents, Commanders of
Army Corps, Departments, and Military Divisions,will
Immediately take the precautions necessary to ensure
the discharge of all small arms and cauuoii, iueluding
those captured from the enemy, before being fumed
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’!) Office,
General Orders,! 0, 1805.
No. 82.
FOR REDUCING THE NUMBER OF COMPANY AND STAFF OF
l> a. FILERS OF VOLUNTEER REGIMENTS
n .P y direction pf the President, all Cpaipany and Staff
Will Immediately apply by letter, to the
aiwPlwi, °f the Army for their muster-out
c * , * r U e P#PP''«. Iu ease of physical disability
Jif wounds, the lot'er must be accumpu
n hi by a Medical Certificate of the usual form,
.-lit ” , t*m ce address of the officer must be given
with care in all rases.
By order of the Secretary of War.
W. A. NICHOLS,
„ Assistant Adjutant Geueral.
By command of Major Gen. Q. A. GILLMORE.
x. D. HODGES,
wayio Capt 36th U. 8. C. TANARUS., A. A. A. G.
fll f LA t
• fostsewi-t
_ HEADQ'Rjy DEBT. OF THE SOUTH
. ’■ Hilton Head, S. r
Gcnkr al Orders)
No. 62. /
The following General Order from the War rn. .
menq isßubhahed for the information of*
WAR DEPARTMENT
GiNnaAnOanaKNl April*,,
No. 73. /
The attention of all Commanders of Military n
ions. Departments, Districts, Detachineut! *nH P"'*'
is drawn to the annexed opinion of thH*At» Md Po?,s '
eral, which they will and riutale , h r^ y Uen
m accordance tneiewith •- g Hate thell action
ATTORNEY GENERAL'S OFFICE,
Hon. EmjriN M Stanton, Secretary of YVai!
Sir.- I have the honor to acknowledge the re. • .
you'letter or the 22d of April. In it % as £ 1 ««¥ nt
questions, growing out of the <mpitnlatim.\^H ,h !' ei ‘
twixt Gen, Grant, of the United States Arm!, d , e he '
Lee, ol'the rebel army. Army, and Gen.
You ask, First. Whether rebel officer*
sided in the city of Washington and w™7m ?. nc ? ,e
--or elsewhere in the South, and took 1,g,,uu ’
turn tothe city under the stipulations of the cam!!,!*’
turn, and reside here as their homes ? e ca P ltu| a-
Keconrf. Whether persons who resided i„ a, ~
ton übout the time the rebellion broke tT
city and went to Richmond where they have lan
to the rebel cause, entered into
otherwise given it their support, comfoi t and??u ’ ° r
return to Washington, the capHniatufn , r V
the Capt u Ure 01 Hichmond. aud
here under the terms of the capitulation r ° ft de
V Third - Tou Btate since the capitulation of
Lee's aimy, rebel offlceis have aDneare.l in Uii ,l
the loyal States, wearing th« rebef upifornr■ P atid' C von
ask whether such conduct is not a fresh act of jLfm!
ty, on their part, to the United States,
to be dealt with as avowed eneS of&Crm
Your letter is accompanied with a copy of the term*
SiTTKSSMSr lm '“ A
plime* to^c^glven
by.me, the ether to be retained by suth office?
cers as you may designate. The offlrers to
individual paroles not to take up arms against
ve.nment of the United States mltil proS eVcW
ed, and each company or regimental commander sf™
a like paiole for the .men of .their commands ,rA...
arms, artiUery, and public property to be parked and
stacked, and turned over to the officers appointed bv
me LGen. Grant] to receive them. This tiffl not cm
brace the side arms of the officers, nor the r mivme
homes .or baggage. This done, each o»c ®ans
will be allowed to return to their homes not
disturbed by the United States authority’s? loi!? «
ug maTreside.'.‘ r laws *-ce M
. A ri ln construction to these articles of canitn.
lation, we must consider iu what capacity Gen Graut
was speaking. He, of course, spoke bv tbe mi ™ !
« the KsiTisTommaS
in-Ciiiti of tlic Arinu'b of tho United ii mi »
be presumed that he had no authority from
dent except such as the Commaialer-in-t ffiief could
give to a military officer. ~ coulu
The President perforins two functions of the Govern,
meut; one civil, the other military As I-,
the United Stales and its civil head! he
pardoning power ; as president of the he
is of the..A«niesof the United
States, and is the head of its belligerent power His
power to pardon as a civil magistrate cannot be del?
18 . a P ersOß *l trust inseparablv connected with
tbe office ol President. AsUommander-in-Chiel ofthe
Annie, of the United States, he hiw of tv m
delegate a vast amount of power. Reeardino
Grant then pu fly as a military officer, and tffi,tbew?s
speaking as one possessing no power except belliirer
eut, and consideiTng that lact to be well knowniothe
belligerents, with whom he was making the etionln
tion, let us come to the consideration of the first q ,c?
tiou which you have propounded 0181 qntß^
It must be observed thul the question Is not «« n.
the extent of the power that theWSnt Ait
manOer-m-Chief oT the Armics ft',? 0 ”;
whether he, as Commander in. Chief nf i ~.' » 1 . llo i;
the Unitedltates coffifl M pm^L 1
military authority, to relief, to go to, and reside in lov
al communities—communities that had hot Store,
belhon against the Government of the United
but the question is whether by, and under the terms ot
that the rebels w ere belligerents : that this was no
da*? 6 ’ Smt fc hfi? , ftlr n ; reCt T’ with(,ut defined boun
dary, but that it had a boundary, marked by lines of
bayonets, which can only be crossed bvTorce • th*r
south o* that line is enemy's territory, because claimed
e? d th e a l t d J]T a " o,gan,z « i ho8ti »« and belligerem pow
al[ persons residing within that territory must
be Heated as enemies, though not foreigners • and it
is well settled that all persous going there without li
cense,. pending the hostilities. ,fr remaining Safte?
hostilities commencecL must be regarded and treated
as residents of that territory. It fifilowa, as a matter
V he lerrit "ry in rebellion
camiot be regarded as having homes in the loyal States.
A man * home and his residence cannot be distinct the
Jig® n . a the ■* ebela w « re ' deal* with by
General Grant as belligerents. As belligerents, their
homes Wfre of necessity in 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 m the loyql states; and when Gen. Grant
gave permission to them, hy the stipulation, to return
to their homes, H cannot be understood as a permia.
sion to return to any part of the loyal States v
That was a capitulation of surrender, and not a truce
Vattell lays it down that: [p ; 414] * During the truce,
especially if made fora long period, it is naturally ah
lowable tor enemies to pass and repass to and from
each other's country, in the same manner as it is allow,
cd in time of peace, since all hostilities *re now
suspended. But each of the sovereigns is at liberty, as
he.would be in time of peace, to adopt every preean.
tion which may be necessary to prevent this intercourse
from becoming prejudicial to him. He has just grounds
of suspicion against people with whom he is soon to
recommence 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 enemy’s territories
during the truce, are detained there by sickness, or any
Other uusurraouutable obstacle, and thus happen to
remain m the country after the expiration of the ar
mistice, may, in strict justice, be kept prisoners • it is
au accident which they might have foreseen, aiid to
which they bave, ofrtieh- own accord, exposed them
selves; but humanity and generosity commonly re,
qmre that they should be allowed a sufficient term lur
tbeir departure. v™ w
trnce con, W auy conditions ei
ther more extensive or more narrowly restrictive than
W.liat we have here.latd down, the transaction becomes
a particular convention. It is obligatory on the con
tracting parties, who are bound to observe what they
have promised ip due form; aud the obligations the.ice
resulting constitute a conventional right.
Now if the rights of enemies, during along truce
and suspension of hostilities, are thus restricted, it
would seem evident that their rights under a capitula
!''f!O^° r l .) ,irre . ndor ’.u Wkhol,t,ln s' suspension of hostili
ties, could not, without express words in the stipula
tion to that effect, be anythin; l like as large as under a
truce and suspension of hostilities.
Regarding Gen. Grant, then, as speaking simply as
soldier, and with the powefa'of a soldier; regarding
this war as a territorial war, and persons within that
teintoryfts residents thereof, and, as such, enemies of
the Government; and looking to the language of the
stipulation, lain of opiniou that the rebel officers who
surrendered to Gen. Graft!,, have no homes within the
loyal. (tales, and have no l ight to come to places which
were their homes prior to their going into the rebel
lion.
ll.—As to your second queslion-The stipulation of
surrender made betwixt Gens. Grant and Lee, does
not embrace anv persons other than the officers and
soldiers ot Gen. Lee’s army. Persons in the civil sei
vice of the rebellion, or who hack otherwise given it
support, comfort and aid, apd were residents cf the
rebel territory, certainly have no right to return IQ
WashipKtoii under that stipulation.
, —a® the third question—My answer to the first
a complete answer to this. •
Rebel officers certainly have no right to be wearing
their umiorms in any of the loyal States. It seems to
ipe that auch officers, having don ewrong in coming
into tTc loyal States, are but adding insult to injury in
wearing their muiorms. They have as much tight to
bear the traitors’fiag through the streets of a loyal
city as to wear a traitors’ garb. Ihe stipulation of
surrender permits no such thing, and the wearing °f
such unifoim is au act of hostility against the Govern
ment. ~ ,
Very respectfully, your obedient servant,
JAMES SPEED, Attorney General
By order ot the Secretary of War:
W. A. NICHOLS,
_ Assistant Adjutant General,
‘ommandof Major General Q. A. GILLMORE.
T. D. Hodges, Capt. 36th U. S. C. TANARUS.,
Act. Asstj'Adjf. General.
