The Savannah Daily Herald.
THURSDAY. MAY 35. 1863.
FKOH 011 l EVEXnO EDITION
Sad Dkath of a Brave Federal Officer.
Through a friend we have learned of the
death, by an accident on the New Y ork &
New Haven Railroad, ot Capt. Frederick B.
Osborn, of the Gill Connecticut Regiment.
The writer of this paragraph has known
Capt. Osborn for years, In the Marine Corps,
as an efficient, faithful and exemplary sol
dier. and, since the War of the Rebellion,
as a brave and worthy officer. He was in
the three months service, and, subsequently,
an enlisted than in the Gth Conn. Vola. His
ability occasioned his rapid promotion to a
Lieutenancy, and his bravery led to a farther
advancement to a Captaiucy. He was con
spicuous in the hard fought tights ot Bull
Run. Pocatoligo, James Island, Morris Is
land, Fort Wagner, Chester Station, Drury's
Bluff, and Chapin's Farm. At the repulse
of Fort Wagner. one of the hardest fought
and bravest longht engagements of the war,
where the Federal force actually engaged
numbered only three thousand effective men,
and the casualties were fifteen hundred and
twenty, with an unusually latge number of
fatal ones, where Gen. Strong w'as mortally
wounded, the accomplished CoL Putnam, of
the 7th N. H., the devoted Col. Shaw, of the
54th Massachusetts (coloied) Regiment, the
gallant Col. Chatfleld, of the Cth Connecti
cut, and many other brave officers were
killed, be particularly distinguished himself.
It was a chance fight, one of tho* necessary
hazards In the field, where much was to be
gained or lost; and the Federal army lost,
jn brave men killed, and brave men wound
ed, and brave men captured. At that battle
Capt. Osborn commanded Company K, the
color company of the Cth Connecticut, aud
rescued the State colors, after the color bear
er had been killed. Mr. W. M. Williams,
who now keeps a restaurant at the corner
of Bryan street and Johnson Square, carried
the national colors, and clung to them, when
they bad been perforated with bullets, and
torn with grape and cannUter, aud shells,
although dangerously wounded la the abdo
men. Capt. Osborn was one of the heroes
of the fight, and his memory will be respect
ed by all who ever knew him in the service,
as a brave and meritorious officer.
The Robbery of Mr. Davenport.— A part
of the valuable wardrode taken from Mr. A.
H. Davenport, on Monday, has been re
covered. In this connection we feel bound
to state in justice, that the robbery was no
fault of any of the inmates of the house
where Mr. Davenport was residing. The
lady who has charge of the premises has
long kept a genteel boarding house, in which
no such occurrence ever transpired betore,
and we know that her reputation or that of
her house will not sutfei from an event for
which she cannot be held In the least respon
National Cemetery at Autlatam.
The Hagerstown (Md.) Herald says-.
“The Maryland legislature at its last session
!>asscd an act incorporating this praiseworthy
nstitution, and appropriating seven thousand
dollars as Maryland’s proportion. Provision
is made for the appointment of one trustee
from each State on condition of their contri
buting an amount of money prr»po* uonal to
their representation in Congress. Many of
the State* have desired to do so for a long
time, and w® »--• e no. doubt tlifft all will
jo-,, a. ivard and aid in this humane and
Periotic enterprise. Thousands of the brave
defenders of our country's flag fell on this
bloody held, whose remains lie half buried
over an area of fifteen miles.
“The trustees appointed for Maryland are
Thomas A. Boult, of Hagerstown; Dr. A A
Gen. Edward Shriver,
ot Frederick ; and C. C. Fulton, of Balti
more. We know of none who would take a
more zealous interest in the good cause than
the gentlemen above named; and possessing
as they do, a high order of taste and enter
prise, we are assured that a cemetery will be
or e Qettysburg 9 fltting attracti ve than that
A suitable lot of ten acres has been pur
chased on a part of the battle-field, near the
r Si ? mblilcing lhe K rou nd
fromwhioh y ,t n ? 1 , Lfie » 8 a Sl * ual station,
iromjvhich the whole of the ground foueht
over can be viewed. Mr. Boult, after a care
ful Inspection of all the grounds, pronounces
it most admirably adapted to the purpose
and we understand that arrangements are al
ready being made to commence operations
It is proposed to remove the remains of
all those who died at Smoketown and other
hospitals, as well as those who died on the
field . Those of Lee’s army who fell in the
battle will bt interred in a separate part of
“It will he difficult at this late day to learn
the names and places of all the bodies, as
, of die graves have no longer any
min ks to designate them. The citizens re
m the community should at once lay
Sbe obtaß? ,U “* i “ form “ l »“
arrest of R. M. T. Hunter at
£2 arret' IS 1 c ? nt |, rnied - He is said to have
letu arrested in Essex county, aud is now
coniiued on a gunboat on tbe Janies River.
thS 0l i l3 dOWQ , tO 13 °- b « it is a curious fact
v,3l S V ai . ( } that a »uou g the new fashions in
New J ork, at present, is this, that no ladv
£d° tb w graVe WUh a hUßband ’ cfa ild J
triend Women are compelled to sit solitary
burial h ° UBe ’ wblle tbe B enlleme u attend the
Uew c° nflict ? have arisen be*
arAtsr - “ d “‘ e t ' preM “-
AKKIVAL OF THE STEAMER
Two Days Later from New York.
JEFF. DAVIS E\ KOI TE FOR W\SHL\t,TO\.
THE NSW AMNESTY PROC
Gov. Brown in Washington.
The Progress of the Great Trial.
IMPORTANT CIRCULAR REGARDING
TRADE WITH THE INSURREC
Groat Union Mooting; In Ttul
elgli, ]V. C.
Important from Panama—Treaty Between
the U. S. Government ami Colombia.
The Public in lhe Dark as so the Where
abouts of Jeff. Davis.
GEN. BANKS REMOVED FROM IIIS
Secretary Seward’s Condition,
Grand Military Spectacle at
THE MARKETS, GOLD, <fcc.
The steamer Blackstone, Capt. Wm. C.
Berry, with the U. S. mails, passengers and
freight, from New Y'ork on the 20th, arrived
♦his morning. A list of her passengers, con
signees, etc., will be found in auother col
We are indebted to Mr. Wm. P. Barstow,
Purser, and Ml. Philip Calahau, Steward, of
tbe Blackstone, for favors.
[sfecial despatch to the savannah daily herald.]
New York, May 20, 1865.
Editor Savannah Herald The follow
ing dispatch, just received from Baltimore,
throws light, at last, on the movements of
Jefferson Davis and party:
Baltimore, May 20.
A letter from on board the Tuscarora to
the Baltimore American, says;
“Tbe party we have consists of Jefferson
Davis, bis-wlfe, a small son and two daugh
ters, together with Alexander H. Stephens,
C. C. Clay, Col. Wm. Reagan, Gen. Wheeler,
the rebel raider, and fifteen or sixteen others
whose names I have not ascertained.”
The letter concludes by saying: “We
leave for the Potomac in a few hours.”
The Forthcoming Amnesty Proclamation.
It is understood that the new amnesty pro
clamation will extend to all below the rank
of lieutenant-general in the rebel service.
Arrival of the Hebei Governor Brown.
Washington, May 18, 1865.
Governor Brown, of Georgia, arrived here
to-day in custody, and has been sent to the
Old Capitol. It is understood to be the in
tention of the government to use him as a
witness iu the trial of Jeff. Davis for compli
city in the assassination of Mr.» Lincoln.
The Progress of the Trial.
Some very important evidence was given
on the Bth in the trial ol the assassination
conspirators, indubitably implicating Jeff'.
Davis in the plot to bum Northern cities
and shipping. Rev. Mr. Ryder, of Chicago,
testified regarding a paper which he had
tound among the rebel archives in Richmond
since the occupation of the city by the
national forces. It is a letter dated Feb. 11
1865, signed J. W. Oldham, and addressed
to President Davis,” in which the writer
calls the attention of Davis to the fact that
difficulties in the plan for destroying
the Northern towns and vessels, aad to cause
universal terror at the North, had been over
come. It is stated that a preparation had
been compounded by Professor McCulloch
to whom and only one other person it was
known, which could not fail to accomplish
the desired object. The letter is endorsed as
follows:—‘1 ne Secretary of the State, at
us convenience, will see General Harris and
~a i. n what plan he has for overcoming the
difficulties heretofore experienced J. D
bWifi 7, ,i ,BGs ' r Jhis writing was yesterday
identified as Jeff. Davis s by persons who
have long been familiar with his hand. A
number of other witnesses were examined
giving testimony regarding the mysterious
meetings ot the conspirators at Mrs. Surratt’s
house and their suspicious movements prioi
to and after the assassination.
Au important poiut in the trial of the as
sassinaticn conspirators, on the 19th, was the
complete identification of Payne as the man
who made the attack on Secretary Seward
his sons and others in his house on the ni ffit
of the 1 resident s murder. Three witnesses
FC * l ‘ r< T seat on Uie occasion, including
Major Seward, one of the assaulted persons
swore positively to Payne’s identity Other
interesting evidence was taken regardins-Ids
arrest at Mrs. Surratt’s house in the and “fuS
of a laborer, three nights after, and alio
reference to the arrest of Spangler and
O Laugblm. A number of witnesses for the
prosecution are yet to be examined ; but an
effort will be made to conclude the taking of
their testnu. ny to-day. The witnesses for
the defence, of whom about twenty have
been summoned up to this time, were yester
day dismissed from attendance on the court
til Monday. There are expectations that
the trial will be concluded next week.
T?- P .G , \tu t |. T rr a9M . ry C,rcn,nr regarding
trade with the Insurrectionary States.
The following circular of instruction to
officers ot the customs, aud agents acting as
officers of the customs has just been issued ;
The arch v Defabtment, May IC, 1865.
In the practical application of the rules
and regulations concerning commercial inter
course with insurrectionary States,, known as
the series of May 9, 1865, all officers acting
thereunder are directed to cause as little an
noya n( * as possible to parties interested in
such commercial intercourse, and otherwise to
carry out the purposes of the executive in re
the restrictions upon such com
srsywss? w* l * l •»
Inasmuch as the military lines of occupa
tion in the district west of the Mississippi
river have not been extended nor the trade
therewith affected by the proclamation of the
President of April 29, 1865, the regulations
of July 29, 1861, are still iu force so far as
applicable to the territory west of the Missis
By the third section of the Regulations of
May 9, the necessity for application to this
department for permits or authority to clear
goods for any port of the insurrectionary
States east of the Mississippi, either coast
wise or inland, is obviated, and consequent
ly no such permits or authorities will be is
sued. Collectors and others are directed to
clear all goods not specially declared contra
band by the second section of said Regula
tions, while all such shipments must be un
der the supervision ot an officer of the cus
toms, where there are such, or other proper
officer, to prevent the transportation of any
articles declared contraband. No permit or
other fee wil be charged except such as may
be prescribid by law for the entrance or
clearance of vessels. Where cotton, the pro
duct of an nsurrectionary State, having been
sold and retold by a purchasing ageut of the
government; is offered for shipment, the cer
tificate of stch purchasing agent only is re
quired. If the cotton so offered is claimed
and provedto be the product of persons’ own
labor, or ol freemen or others employed or
paid by them,,the shipping fee of three cents
per poundmust be paid to the officer under
whose suprvision the shipment is made.
If any pioducts other than cotton are
offered forjsliipment, the certificate of a col
lector of internal revenue, that the internal
taxes presirihed by law have been duly paid
thereon, nfist be produced before the ship
ment will |e allowed. If no such certificate
is offered a consequence of their being no
internal refenue officer at the post or place
of shipmeit, the officer supervising the ship
ment inus( collect such internal revenue due
thereon, pr if the party shipping is unable
to pay sudi internal revenue tax, the article
must be consigned to the collector of cus
toms at till port of destination of the vessel,
and if the bill of lading and the manifest of
the vessel exhibit the fact that such internal
tax has net been paid on the arrival of any
vessel at lifer port, the collector of the
customs therefore will require such internal
tax to be jtid to him before allowing the de
livery of tjie article on which such tax has
accrued aed become payable.
No vegel will be allowed to unload at any
port excipt such as shall be named on her
manifest is her ports of destination, without
the authtity of the Secretary of the. Treasu
ry, and ii> goods will be delivered at any
port untH all such taxes are paid.
Until tte custom officers are dulv appoint
ed, spec-hi agents will act as such,'and when
acting in this capacity, will sign “Special
Agent atri Acting Customs Officer."
Capturid tnd abandoned property will be
treated a» di-ected in regulations of 29th of
Secretary of the Treasury.
Reconstaiction in North Carolina.
A large mating of North Carolinians, to
take action for the restoration of civil
governmert aid social order in their State,
was held atlldeigh on the 14th inst. Speeches
were made b; a number of prominent citi
zens and a ieies of resolutions unanimously
adopted, in ili of which were expressed jov
over the downfall of the rebellion and their
return to thejfid of the Union and the pro
tection of theiold flag; satisfaction at the
termination oklavery, which was admitted
to have alway been a drawback on the pro
gress of the Stte, and the acquiescence of
the people in he announcement of President
Johnson that tfason must be punished. At
night there we| a general illumination of the
city and a largaJnion procession.
A petition cl the colored men of North
Carolina to Pieideut Johnson, askiug that
they may be gritted the privilege of voting,
is being extensively circulated in that State.
They express thir appreciation of the great
boon of liberty inferred upon them by Pres
ident Lincoln, ajd remind.Mr. Johnson how
all through thisjvar they have stood by the
old flag and gyen all aid in their power to
those who u;jt*ld it; that many of them
selves have fo:i|4t for it, and that up to the
year 1835 frc« lolored men were allowed to
vote in Nortl Carolina, without, that they
have ever headany detriment to its interests.
Jeflf. Davp-fle Public in Mrtterr as
to fllti Whereabouts.
Jeff'. Davis’s whereabouts still remains a
matter of mysery to the general public.—
Cincinnati audNushville despatches say that
instead of coung North by way of the Mis
sisippi river, b was sent via Macon, Ga., to
Savannah, whoce, on board a steamer,he wa9
to be taken to fortress Monroe and Wash
ington. The pople will no doubt soon be in
formed just wbre Jeff. i9.
General Bank Remove it from Ills Com
President Janson lias removed General
Banks from coimand in Louisiana, and ap
pointed Generl Canby in his place. This
a “ge is basd upon the report of General
William F. (Baly) Smith and Mr. James T
Brady, who wee appointed by Mr. Lincoln
to investigate tl- management of affairs un
der the adminitration ol Generals Butler
and Banks in Laisiaua. The report of these
commissioners ,-as made to the President
and Cabinet oi Wednesday and Thursday
and resulted intlie order for the removal of
Banks to-day. ’he order restricts General
Canby s duties to purely military affaiis,
leaving the ctvi Governor (Mr. \\ ells) full
control over civl affairs, the military com
mander of the epartment to interfere only
upon the reqmaion of the Governor. By
J ? r ' kanedy, who was summarily
Gisplaced by Ge;eral Banks, is restored to
the position of Myor of New Orleans.
Sacretary Sewa* Attending to Bustness-
Couditiou Os Frederick Seward.
Secretary Bewail visited the State Depart
More hope is entertained of Frederick
Seward s recover* now than at any other
period since his iijury. The surgical skill
♦he W, L by ,h , e su . r 8 J( ->ns who have charge of
the Sewards, in their treatment of the
when‘l% if llnivesal] y commended; and
SU'tte of »»-
XUE OBAND BE VIEW OF THE ARMIES AT WASH
h G af a n p?ea r r d ed forthC reTiCW at Wash ’
V th marchi,, S “lute of the Ar
s“e the A ™?^’ the Arm >' of Tennes
dan's and General 9beri
lhe inflowing will be the order of march:
The head of column will each day rest on
Maryland avenue, at foot of Capitol Hill, mo-
\ m S a t precisely nine A. M., passing around
the C apitol to Pennsylvania avenue, thence
up the avenue to the Aqueduct bridge aud
across to their camp.
The troops will be without knapsacks'
marching at company front, closed in mass’
and at route step, except between Fifieeu
street and New York avenue and Seven
teenth street, where the cadence step will be
Each brigade will be accompanied by six
ambulances, passing three abreast.
Tbe reviewing officer will be stationed in
front of the President’s house, w r here pro
visions will be made for members ot tbe
Cabinet, heads of the military and civil de
partments and corps diplomatique.
There w ill, no doubt, be a great crow r d of
visitors here next week to witness the grand
military display on Tuesday and Wednesday.
Not a room is to be had at the hotels, and
hundreds of applications by mail and tele
graph for accommodations are daily refused.
Rooms even in private houses are also nearly
all pre-engaged, and visitors will be obliged
to go to Baltimore to sleep after tbe day’s
exhibition is over.
A large stage is being erected on tbe plat
form in front of the White House, one hun
dred aud twenty feet long, for the accommo
dation of the Lientenant-General, heads of
departments, and the diplomatic coips and
Twenty-two rebel steamers, including the
rams Nashville and Maty Ann and the block
ade runner Heroine, recently captured by the
national forces at and in the vicinity of Mo
bile, were expected to arrive from that place
at New Orleans on the night of the 13th inst.
Thirteen of these steamers and the rams were
found up the Toinbigbee river, whither the
rebels had taken them on evacuating Mobile.
Four other steamers were captured up that
river; but it was feared that they could not
be got down as the water was tailing. Mo
bile is being overrun by the paroled men of
Dick Taylor s army.
Tnc Markets, Gold, &c.
The stock market wa9 extremely dull yes
terday, and a fraction lower. Governments
were heavy. Gold was firm, and closed at
131 1-4 a 131 1-2 at five P. M. At night the
closing price was 130 1-8.
There was a fair business done in most
articles of domestic produffe yesterday, but
imported merchandise was generally quiet.
The export movement in lu-eadstuffs noted
day before yesterday continued and further
engagements were effected by the steamers—
mainly for next week, at sd. a 7d.; a week
ago it would have been taken at Id. Cotton
was firmer. Petroleum was heavy and
lower. Groceries were steady. On ’Change
flour aud grain were more steady. Provisions
were firmer. Whiskey was nominal.
Treaty between the United States and Co
The highly important announcement is
made that the government of Colombia has
not only ratified tbe new stipulations with
the Panama Railroad Company guaranteeing
that corporation the perpetual proprietorsliip
of its road, but has concluded a treaty with
agents of our government which grants to
the United States in perpetuity the exclusive
privilege of transporting military and naval
stores over the line. As an equivalent for
this importaut concession, our government is
to guarantee the sovereignty of Colombia
over the Isthmus of Panama aud the security
of the Transit route against all other foreign
PORT OF SAVANNAH.
Wednesday, May 23, 12, M.
Arrived This Forenoon.
Steamer Blackstone, of Cromwell’s New York and
Savannah Screw Steamship Line, Wm. Berry, N. York
Saturday. 4, p. m„ with U. S. mails, passengers aud
freight, to Brigham & Baldwin.
Passengers— Mrs Blois, Mrs Clark, M Meinhard, W
S Dempsey, .las Dunning, R H Young, Chas Cordell,
W M Forde, H F Dutton, F H Conway, L II Cutlain, A
Ponce, B T Johnson, M Adland, A B Newkirk, J W
Jackson, Geo. Allen, James Engle, U E Keyan, H if
Shun, C II Bulkley. F C Lewis, P Buckhain, J Draer
son, W Sampson, H G Rume.
Consignees— Weed, Cornwell & Cos, H G Rume, L P
Robb, S W Kiterman L D Waddell, Johnson & Wad
dell, P Dyralnsky, Adams Express, II Meinhard & Cos,
K Plastar, J M lieidt, SII Eckmau, Joseph Engle, A
Ponce, Seaborn Goodall, P Skehan. J Ryan, B Strauss.
Steamship Thames, Reuben E Swift, New York Sat
urday, 0, a m. with passengers, and merchandise to
John R Wilder, •
Passengers— Mrs Rushton and child, Mrs Margaret
McCullough, Miss E Rompkin, W II Newman, L C
McLellan, S P Hamilton, P B Marsh, Jos Marshall, J
B Durfee, J Kaufman, M Fischack-'r, W R Dodge, 2nd
cabin, Bartolo Canova, A J Passmore. A J Reeves <fe
Son. W T Carlton, W M Scliould, P Ward, Mrs Morris
and 2 children, D Grim.
Consignees— M S Meyer, Joseph Lippman. I D La-
Roche, P Ward. II Meinhard & Bro, L Lilienthal, T
Nugent, Sr, D Grim ,J King, Mrs M Reinhardt, W H
Steamer Gov. Troup, Hatfield. Macon Ga,
Passengers— E B Woodruff, 4th lowa Cav, in charge
of steamer Gov Troup, Capt i W Kiikendall, 12th
Ohio. Daniel Curry, Miss E rfawKes.
Cleared This Forenoon,
Steamship Star of the South, Woodhull, H Head ;
steamers Sylph, French, do; Jeff Davis, Henry, Au
Per steamship Thames, from New York, will please
report their Invoices at the Custom House, and receive
their Goods, now landing at Central Press Wharf. All
Freight Bills payable at the wharf.
may 24 2t JOHN R. WILDER.
The friend? or those who are troubled with bad
breath, anil, through over-squeamlshness, dislike to
refer to it, commit a positive and cruel mistake, espe
cially if they are aware of the merits aud great efficacy
of the Fragrant Soeodont. This is the true and only
remedy for the'difficulty ; there is no valid excuse for
a bad breath now,
Sold by all Druggists aud Perfumers.
HEADQUARTERS DISTRICT OF SAVANNAH
' Savankau, Ga., May 20th, JSOS. ’
T ANARUS, A-1 JL At. „ CIROULAB.
I ntil farther orders it will be necessary for persons
desiring to go North from this Distucr. cm private
tionTfor Hn ( h t , hor ressOs, to forward theirapplica
r8, f fr 8“ r 8 l l perm . lßS ouloth( ’ Headquarters of the
D.pattment, through these Headquarters
Ry command of
n, x, . Bvt - MaJ.-Oen’l GROVER.
IJMVgR Matthews, A. A. G.
headquarters u. s. forces,
r, _ „ Savannah t Ga., May 20, ISCS.
No. 30. (
General Order No. 12 is hereby revoked.
By command of Brvt. Maj. Gen. GROVER
Edward Q. Dike, A. A. G. may2o
CIDER FOR SALE,
To families by the quart or gallon, at
O’MEARA & CO’S
over Adams’ Express Office, Bay street
HEADQ’RS DEPT. OF TIIE SOUTH
General Orders) H “ tOU
No. 52. (
The following General Order from the \v„. n
to published for the information
A,, wI A k-‘ a Office
General Orders) " Kington, April 24. ISOS.
No. 73. /
* The attention of all Commanders of mui. »
ions, Departments, Districts, UetachmemJ VU? iMv,s
ls drawn to the annexed opinion ofUwAttn™* 1
eral, which they will observe, and reinilme y oeQ '
m accordance therewith • e gmate their action
ATTORNEY GENERAL’S OFFICE,
H on. Edwin M. Stanton, Secretary of \Ur! 1805 ■
Sir : I have the honor to acknowledge f , •
your letter of the 22d of April l„ it von eceipt of
questions, growing out of the cap ,hree
twixt Gen, Grant, of the Fniteff st« li made be -
Lee, of the rebel army. taleß Anr ‘>'< “udGcu.
You ask, First. Whether rebel offi™™ „ v
sided in the city of Washington! and went mv— re '
or elsewhere in the South, and took 11 e ' lj,a ’
turn to the city under the stipulations of th» e ’„„ C “ u r< ‘
tion, and reside here as their homes y le ca l )Uulf >-
Kecvnd. Whether persons who resided i„«.
ton about the time the rebellion brokeno VXa*w,lg
dty and went to Richmond where they have irth U ‘ e
to the rebel cause, entered into the rebel lerv? herea
otherwise given it their support, comfort ° r
return to Washington, since the capitmatton Jf
Lee-s army, and the capture of Richmond
here under the terms of the capitulation y ’ rua,de
2turd. You slate that, since the cupitulatiftn nf n
Lee’s anny, rebel officers have appeared in
the loyal States, wearing the rebel uniform .P?, I c 111
ask whether such conduct is not a act nf 'J n U
ty, on their part, to the United ytate^uAectin^h'
menu ith Bsavo ’ ved euend « of the (fo ve “
Your letter is accompanied with a ennv of *
g«B£SKSir iuto betwixt ®
‘•Rolls of all the officers and men to be madp i„ a„
plicate j one copy to be given to an officer de~e i
by me, the other to be retained by such officer or oth
cersaayou may designate. The officers to give thoG
individual paroles not to lake up arms against the
veinment ot the United States until properly excbm
ed, and each company or regimental coramander abfn
a like parole lor the men of their commands lhe
arms, artillery, aDd public property to be Darken ~!?a
stacked, aud turned over to the o&cers apRM
me IGen. Grant] to receive them. This will not e-n
brace the side arms of the officers, nor the r private
hor.es or baggage. This done, each officer and m" u
will be allowed to return to their homes nnt.Xk
disturbed by the United States authority so ffing
S may mside.-’ par ° le <md tbe lf '"' S iu lorce ™
1.-In giving construction to these articles of capitu
latiou, we must consider iu what capacity Gen. Grant
was speaking. He, of course, spoke by the authorit,
the H nit , ed ale8 ’ « s hommaS
in-Chief of the Armies of the United Sjtates. It m ust
be presumed that he had no authority from the C«i
dent except such as the Commander-In-Chief wold
give to a military officer.
The President performs two functions of the Govern
meat; one civil, the other military As.Prpsi(iem nf
the United htaies and its civil head, he possess^ s the
-pardoning power; as President of the United States he
is Commander-In-Chief of the Armies of the Unite i
States, and is the head of its belli™,Sit power Bh
power to pardon as a civil magistrate cannot be dele
gated; it is a personal trust inseparably connected with
the office of President. As Commamler-TnKo t e
Armies ot the United States, he has of necessity to
delegate a vast amount of power. Regarding Genera
Grant tneu pu ely as a military officer, and that he was
.peaking as one possessing no power except belliger
ent, and considering that lact to be well known to the
belligerents, with vihorn he was making the etinula
tmn, let us come to the consideration ol the first quel
tion which you have propounded.
It must be observed that the question is not as to
the extent of the power that the jSSdait «■ Com
mauder-in-Chief of the possesses ,’ it is nffi
whether he, as Commander tn-Chief of the’ Armies of
the United States could grant parole, by virtue his
military authority, to rebel, to go to, and reside hi loy
al communities—communities that had not beluffi rc
beiliou against the Government of the United States
but the question is whether by, and under the term, nt
the stipulation, he tuts granted such permitriom
„ Ia the , Cll y UB ln - Bluet commonly called the Prize
Cases, the Supreme Court of the United States decided
that the rebels were belligerents: that this was’no
loose, unorganized insurrection, without defined bonu
dary, but that it had a boundary, marked by lines of
bay ,°H e £wr h Can crossed by force; that
<> f that hue is enemy’s territory, because claimed
and held by au organized hostile and belligerent pow
er; that all persons residing within that territory most
be treated as enemies, though not foreigner- • and it
is well settled that ali persons going there without li
censo.pencltng the hostilities, or remaining there after
hostilities commenced, must be regarded and treated
as resident of that territory. It follows, as a matter
of course, that residents of the territory in rebellion
cannot be regarded as having homes in the loyal States.
A mari’d home and his residence cannot be distinct the
one from the other. The rebels were dealt with by
General Grant as belligerents. As belligerents, their
homes were of necessity in the territory belligerent to
the Government of the United States, The officers
and soldrers 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 home?, it cannot be understood as a pennis
sion to return to any part of the loyal States.
That was a capitulation of surrender, and not a truce
Vattefl lays it down that: [p. 414] ‘ During the truce,
especially ll made fora 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 in time of peace, since all hostilities are now
suspended. But each of the sovereigns isat liberty, as
he would be in time of peace, to adopt every precau
tion which may be necessary to prevent this i utercourse
f.om becoming prejudicial to him. Hchas just grounds
ot suspicion against people with whom he is soon to
re-commenee 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 eucmv’s territories
during the trace, me detained there by sickness, or any
other unsurmount able obstacle, and thus happen to
remain in the country after the expiration of the ar
misticc, may, in strict justice, be kept prisoners- it is
an accident whieh they might have foreseen, and to
which they have, of their own accord, exposed them
selves; but humanity and generosity cominonlvre
quire that they shoulu be allowed u sufficient term for
iclcß of truce contain any conditions ei-
SlVe , or . n '°iJ narrowly restrictive than
what we have here laid doffui, the transaction becomes
a particular convention. It is obligatory on the cou
p?rtl,e?’ \r bo are bound to observe what they
have promised in due form; and the obligations thexce
resulting constitute a conventional right.
Now if the rights of enemieA during along truce
and suspension ol hostilities, are thus restricted, it
would seem evident that their rights under a capitnla
latiou or surrender, without uny suspension of hostili
ties, could not, without express words in the stipula
tion to that effect, be anythin .■ like as large as under a
truce and suspension of hostilities.
Regarding Gen. Grant, then, as speaking simply as
soldier, and with the powers of a soldier; recanting
this war as a territorial war, and persons within that
teintory as residents thereof, and. as such, enemies of
the Government; and looking to the langnage of the
stipulation, I am of opinion that the rebel olhcersvvho
surrendered to Gen. Grant, have no homes within the
loyal States, and have no right to come to places which
were their homes prior to their iroinu into the rebel
II —As to your second qnestion-The stipulation of
surrender mude betwixt Oeus. Grant aud Lee, doe*
not embrace any persons other thaitthe officers and
soldiers ot Gen. Lee’s urmy. PersonCln the civil ser
vice of the rebellion, or who had otherwise given it
support, comfort and aid, and were residents cf the
rebel territory, certainly have no l ight to return to
Washington under that stipulation. v
Hl.—As to the third question^—My answer to tbe first
is a complete answer to this.
Rebel officers certainly have no right to be wearing
tueir uniforms in any ot the loyal States. It scents to
me that such officers, having don ewrong iu cowing
into tTe-loyal States, are bnt adding insult to lujury in
wearing their uniforms. They have as much light to
bear the traitors’ tiag through the streets of a loyal
city as to wear a traitors’ garb. 'lhe stipulation of
surrender permits no such thing, and the wealing of
such uniform is an act of hostility against the Govern
Very respectfully, your obedient servant,
JAMES SPEED, Attorney General.
By order of the Secretary of War:
W. A. NICHOLS, *
_ Assistant Adjutant General.
By command of Ma|or General Q. A. GILLMOKL.
TANARUS, D. Hopoes, Copt. 36th U. 8. C. T-,
Act. Asst, Adjt. General.