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The Savannah Daily Herald. THURSDAY. MAY 35. 1863. FKOH 011 l EVEXnO EDITION OF YESTERDAY. 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 sible. 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 the eemetry. “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 fht'XuoaSend^^ 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 BLACKSTONE. Two Days Later from New York. JEFF. DAVIS E\ KOI TE FOR W\SHL\t,TO\. THE NSW AMNESTY PROC LAMATION. Gov. Brown in Washington. The Progress of the Great Trial. IMPORTANT CIRCULAR REGARDING TRADE WITH THE INSURREC TIONARY STATES. 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 COMMAND. Secretary Seward’s Condition, Grand Military Spectacle at Washington. From Mobile. 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 umn. 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 sippi. 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 July, 1814. Hugh McCullough, 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 mand. 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 “uJ 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 a t SU'tte of »»- XUE OBAND BE VIEW OF THE ARMIES AT WASH INGTON. 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 observed. 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 their families. Mobile. 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 lombia. 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 Powers. flipping ||ttt*Jligtijtt. 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 Robson. 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 gusta. Consignees 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. False Delicacy. 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. maylS—eodlw 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. General Obueb,) 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 ®b24 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 WAR DEPARTMENT 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 their departure. 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 lion. ° 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 ment. 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.