Newspaper Page Text
the Savannah Daily Herald.
FRIDAY, MAY 1S0».
— v
FROM OUR EVENING EDITION
OF YESTERDAY.
THKCOIYTY MEETINGS.
The citizens of Effingham Count}', it ap
pears, have held a public meeting at which
resolutions were adopted commending the
action of Governor Brown in calling an ex
traordinary session of the Legislature for the
purpose of repealing the “ordnance of seces
sion ’ and taking other steps towards bring
ing the State back into the Union. This
meeting must have been held as were those ot
simular purpose in Chathau and other counties
before the Geneial Order, No. 63, of General
Gilmore had been promulgated, or circulated
in the interior counties of the State. The
actiop of these meetings is of course, under
the Order, of no validity. They are not,
however, without significance, but indicate
the extent of the desire among the people to
give their allegiance to the government.—
Checked in their movement in this direction
the people are left somewhat in the dark
as to what course they shall choose.
The second clause of the Order of General
Gilmore may be referred to in this connection.
ll.' The policy and wishes of the geueral
government towards the people of these
States, and the method which should be pur
suer] by them in resuming or assuming the
exercise of their political rights, will doubt
less be made known at an early day.
It i9 deemed sufficient, meanwhile, to an
nounce that the people of the black race are
free citizens of the United States, that it is
the fixed intention of a wise and beneficent
government to protect them in the enjoy
ment of their freedom and the fruits of their
industry, and that it is the manifest and bind
ing duty of all citizens, whites as well as
blacks, to make such arrangements and
Agreements among themselves, for compensa
icU laboF, as shall De mutually advantageous
to all parties. Neither idleness nor vagran
cy will be tolerated, and the goverment will
not extend pecuniary aid to any persons,
whether white or black, who are unwilliug
to help themselves.
A Two-Faced Public Servant. —The dp
plicity of the Clock on the Exchange at pres
ent is carried on to sucli extent as to call for
public reprebeusion. For two days, we un
derstand, the Bull street face lias been an
hour behind the Bay street face. Whether this
is a “bull” on the part of the former, or the lat
ter is “over the Bay,” should be immediately
ascertained, and the offender made to “come
to time.”
False Rumors about Gen. Banks.— The
Washington correspondent of the New York
Times, who is usually well-informed, de
clares in a despatch dated the 19th inst., that
the reports circulated by interested parties,
that Gen. Banks had been removed from the
command of the Department of the Gulf, are
utterly false.
OIIR NATIONAL SECURITIES THEIR
STYLE AND CHARACTER.
1. The “Seven-thirties” represent a Cur
rency Loan, having three years to run, then
convertible into a Gold Interest C per cent.
Stock having 20 years to run, but with the
right reserved to the Government of paying
off the Loan, in Gold, at any time after 5
years. The term “Seven-thirties” is derived
troni the rate of Interest which these three
years convertible notes 4>car, to wit.- two 1
cents per day on each i 100, or for 365 days
seven dollars and thirty cents on each $ 100.
3. The term “Five-twenties” is applied to
the 0 per cent. Gold bearing Bonds of the
l T nited States, to which twentv years half
yearly Coupons are attached, but‘which may
be paid off, in Gold, by the Government, on
due notice to the holders, at any. time after
five years, iu the not improbable event the
Government should be offered the money
on anew Loan at a cheaper rate than C per
cent. 1
3. Tbe tenn ‘ Ten-forties” is applied to the
"> per cent. Gold-bearing Bonds of the Uni
ted States, to which half-yearly Coupons are
attached tor forty years, but which may be
paid oft in Gold, on notice to the holders, at
anytime after 10 years, in the possible event
the Government should be ottered the money
on anew Loan at a less rate of Interest than
5 per cent.
4. The long or unconditional (5 per cent.
Gold bearing Loan, known asthet! per cents
of 1861, eaunot lie redeemed by the Govern
ment at all, except by purchase, until after
the year 1881, making this the most desirable
of all the United States Loans as a perma
nent investment.
5. The present outstanding totals <Jf each
of the above Loans are as follows ;
J~t- ve^ Thi ?- ies *000,000,0n0
SJXHaeiooo
S—len-Fortie*. 172,770, 100
4—Sixes or Eighty-one ‘2Ht.50i.40n
Total. *1,050,5TT,4C0
Interest in Currency on. .$ G00, 000,1*10
interest in Gold an 1,050,577.400-$1;C60,577,4n0
In addition to the Gold Interest Stocks
here classified, there is outstanding #48,868,
Bbl. ot the old Funded S and 6 per cents ot
Lnited States, upon which the Interest is
pan’ in Gold and the Principal of which will
be redeemed in Gold when due.
6. The terms “Greenbacks” and “Legal-
r r x r T vcr ! iblp - All the Greenbacks
J end , er : but l 60,569 are of the
SK’ l c h lfltlon ’ f ree of interes » 8 ’ antl
17 ’, , bt ‘ ar sim P le f>r compouiid Inter
est, payable on the maturity of the Note®
after 1864 ct ‘? ,s ’ p!,yable ,I,rce years
attu IBt>4, the Interest compounded in a ta
ble on the back of the Note every six months
[Ae«’ 1 or): Timet,
Election of a Mayor at Fmnandina, Fla*
-Last week the citizens of Fernaudina Fla
Th? C oi J f r ' Mott M M sl .y° r of that place’.
The election was participated in by both
whites and blacks. Chief Justice Clmse
during his recent tour in Florida, formally
Fnt? < ff dtb M dllt^? f - BWearin S ,he Ma yor
into office. Mr. Mott is a gentleman highly
esteemed by the people of Fernandina and
his election gives general satisfaction. Major
Hears, of tne Engineer Corps, presided at the
meeting which nominated W Mottfor the
Mayoralty.— Courier 23d.
rtUHLESTD*
Visit of Major'fitnrtal GlltmOre.
Major-General Q. A. Gillmofe and Staff
arrived in this city from Hilton Head, on
board the steamer W. W. Coit, yesterday
morning.
The Geueral made his Headquarters at the
Charleston Hotel, and was visited during the
day by a great number of military officers
and large crowds of citizens. A splendid
dinuer was given to the General and bis Staff
by the worthy and popular proprietor of the
Charleston Hotel, Mr. J. P. M. Stetson.
The General’s reception and interview with
the citizens was exceedingly pleasant, and
his frank, cordial, unreserved manner pro
duced a good effect. General Gill mores
admirable administration of affairs in the de
parlment has rendered him very popular.
When the news of his arrival became gen
erally known, a very large crowd assembled
in front of the hotel to cateh a glimpse of
him. While the General, with his staff and
invited guests, were at dinner, the band of
the 7tli L nited States Infantry discoursed
most excellent music. In response to re
peated calls the General made bis appear
ance on the balcony and briefly returned ins
thanks for the compliment paid him. His
appearance was greeted with the most en
thusiastic cheering. — Courier, 23 d.
Methodist Conference.
Amongthe proceedings of the Seventh day
of the Conference, the charge of the Bishop
to the Ministers was delivered. The appoint
ments are as follows :
STATIONS.
Charleston city—R. H. Cain.
Savauuah city—A. L. Stanford.
Wilmington city—James A. Mandy.
Raleigh city—George W. Brodie.
i CIRCUITS.-
Beaufort River—T G. Steward.
Hiltou Head—J. H. A. Johnson.
Cteeecllee River—To be Supplied.
Edislo Island—Charles Bradwell.
Charleston—To be Supplied.
Georgetown—To be Supplied.
The Conference adjourned.
Rev. James Lynch,
who has been laboriug in this part of the
South as Missionary for two years, takes his
departure iu a few days. He has been ap
pointed by his Conference to the Agency for
Wilberforce College, located near Zenia,
Ohio. His removal will doubtless be a loss
to tbe qolored people where he has labored.
Eire on Hayne Street.
Shortly after two o’clock Monday morning
a fire broke out iu the four-story brick build
ing, No 27 Hayne street, formerly occupied
by Thomas R. Eggleston & Co.,and owned by
Emery Thayer. The building at the time
contained a large stock of groceries belong
ing to Mr. Alexis Bragg.
W hen first discovered the flames were seen
issuing from the upper story, and there is
little doubt the fire w T as the work of an in
cendiury. The flames made such rapid pro
gress that the firemen were obliged to confine
their efforts to prevent the fire from spread
ing. The building, together with the goods
in it, was entirely consumed.
Mr. Bragg’s stock ot groceries was insured
tor ten thousanc. dollars. Messrs. Wm. Mc-
Kay and C. A. Bogers, Agents, were heavy
losers by the fire.
Some disturbance occuned, caused by dis
orderly persons who became intoxicated from
the liquor found on the premises. When
ordered to leave they refused, and were, with
some difficulty removed by the military
guard.
Railroad Fut ilities.
W e understand that railroad communica
lion between this city and Orangeburg was
re-established on Saturday last. Avery
strong force is engaged in re-laying the track
trom Orangeburg to Fort Motte, and that it
will be completed in a short time.
A force has also been for some time en
gaged in repairing and re-laying the railroad
between the Congaree River and Columbia,
so that a continuous connection between that
point aud Charleston may be reasonably ex
pected within a few weeks.
Tbe Greenville and Columbia Railroad is
in operation from Hope's Station, three miles
from Broad river, at Alston, to Greenville.—
Fare, ten cents per mile in legal currency
The Columbia and Charlotte Railroad is in
operation frotn Youngsville, three miles this
side of Blackstocks, to Charlotte.
Mr. Nasbv \\ aileth and Cusseth—
baint’s Rest, (which is in the Strait uv Noo
Gersey, Dec. 26, 1863.
Ive heered trom Savannah! I red uv it
Fancy the feelins uv a man who lied bin lor
weeks spectin 2 her uv Sherman’s bein entire
ly chawed up by the undaunted Southern
mclish!
The following impromptoo cuss and wale,
ckally raixt, reflex the strait uv mind uv the
Dimoerisy uv this section :
Hart-sick, weery, alone, bustid ;
Gone up, Hayed, skinned, hung out;
Smashed, pulverized, shived, scattered •
Physikt, puked, bled, blistered.
Sicli is Dimoerisy!
Alone I sit, like Marious, among the rooins.
Alone I sit and cuss, and- this iz my cuss:—
Cussid be Calhoun, for he interdoost us to
that painted harlot, Stait Rites, who sedoost
us.
Cussid be Pccrse, who. conscutid to the
Nebrasky bill, which bustid us.
Cussid be Bookaunon, who favored Le
compton, which peeled us.
Cussid he Brickinridge, who wouldn't sup
pw nrw! 1S ’ A Kij e u . kiu > which give our
Poss Orifices 2 Ahlishnists.
Cussid be the Post Masters, may thay be
cum sudenly insane and wildly go 2 trustin
out postige stamps 2 Dimocrits.
Cussid be Graut, and Sherideu, and Rosy
crauce, for what the’re dun for Democrisy
Cussid be them ez went in the army Dirao
cntsandcum out Abolitiouists. (Which is
eppydemic.)
Cussid be ’S alundingham, which went a
practisin law, leevin me in the Democrisy
bigness alone, withoot eny cappytle to run on.
[sfeechily hot ]
Cussid be Sherman, ter he look Altnnla.
And he marcht tliroo the Confedrisy A res
pected not the feclius ov enlwxly.
Iliz path wus, like Moses’, lit with pillars
ev tire and smoke, ouly the tire and smoke
wuz behind him.
Hiz path iz a desert; lo; the voice ov the
hliangyiz heerd not in all the land.
And the people of the South lift up their
voices auti weep, becoz their niggers ure not.
Aud lie took Savannah, aud cotton euuft 2
ba l e Buckunnou s cabinet
• bc turns eyes towards Charleston,
and is serusly thinking uv Richmond.
He starteth with three skore thousand, he
stoppeth with three skore and ten thousand.
The wind bloeth whete It liitetb j be llateth
Where he gdeth.
As the lode-Btun la to the steell, so 1 1 hiz
steel to the Georgia nigger, it draweth him
on.
Who will save us from the fury oV this
Sherman? who will deliver us from his hand?
Johnson lie beset, Hood be fooled, aud
Wheeler he flogged.
Lee wood doit, but he’s holdiii Grant and
can’t leave go ov him.
So he cavorts ez he wills, like a yerlin mule
with a ehesuut bur under bis tale
Bitter in the mouth ova Dimokrat is quin
ine, bitter is gaul, but more bitter is Federal
victrys.
Weliev bin fed on victrys lately, and our
stummick turns.
Played out is Davis, and Dimocrsy hez fol
lered soot.
The Dimocrisy iz turnin war men—that
are bowin the knee to Linkin.
Yoorhees will yet be a Briggydeer, and
Vallaudgum will cry aloud for a war of ex
termynashun aud Feruandy Wood will bowl
for drafts. (
Fer though John Brown’s body lies all
mouldy in tbe grave, his sole is marching on.
I ain’t the rose uv Sharon, nor the liliy uv
the valley—l’m the last uv the Kopperheds.
I bilt my poiittikle howse on sand, it hez
fell and I’m under the rooing. Uv pollytix I
wash my hands. I shake its dustorf mi few
remaiuin garraence.
Petroleum V. Nasby,
Lait Pastor uv the Church uv the Noo Dis
peusa3hun.—Newherne, (A 7 . C.) Times. '
A Massachusetts soldier writing from Rich
mond, says : Everybody is trying to tell
how loyal the people are in this city : and to
show you how they express their Ijnion feel
ings, I send a specimen in their own words.
RICHMOND UNIONISM.
How can you-un’s and we-un’s ever part ?
W hen you-all’s have captured we-all’s
heart.
We-un’s starved till you-un’s came:
We-all’s love you-all’s, save niggers and
your name.
You-un s brought we-un’s much hard tack;
Tty e-all s pay you-all’s with love and apple
jack.
We-un’s beat you-un’s in every battle
throughout;
But we-all’s are tired of driving vou-all’s
about. (!)
We-un’s fought you-un’s all heart can
desire;
We-all’s forgive you-alls: please put out
our fire.
A correspondent who professes to know,
says that the coin J. Davis carried away
from Richmond was used in paying the rebel
soldiers; that at Washington, N. C., Breck
inridge and Benjamin separated from Davis,
the two parties proceeding different ways;
that Mrs. Davi9 was not with her husband at
the time of capture, and that Davis made
little or no effort to escape, but challenged
an investigation of his complicity iu the as
sassination.
Savannah, Ga., May IC, 1805.
To Albert G. Browne, Esq.
Supervising Special Agent, Treasury Depart
ment, Fifth Special Agency .-
Sir : —To correct misunderstanding and to
secure uniform action by Agents of the Trea
sury Department in collection of captured
and abandoned property, all agents will be
required to observe the following directions.
No property owned by individuals and
now in their possession will be treated as cap
tured, except such as has been taken by tbe
National forces from hostile possession, and
has been or shall be turned over to agents of
the Treasury Department under military
orders.
No property will be treated as abandoned
except such as has been or shall be found ac
tually deserted and out of the custody of the
lawful owners or their agents, and no house
hold goods, appurtenances,or furniture will be
touched by agents of the Treasury Depart
ment under any circumstances, except for
the purpose of keeping the same carefully
stored subject to directions.from the Secreta
ry of the Treasury.
Any property, which there is satisfactory
reason to believe has belonged to the late so
called Confederate Government will be treat
ed as abandoned, when found by Agents of the
Treasury Department, or will be treated as
captured , when taken and turned over under
Military orders.
No authority whatever can be given to
purchase produets in States heretofore declar
ed in insurrection, except for account of the
United States, until aftei the President shall
declare thgt the insurrection has been sup
pressed, or shall otherwise make such pur
chase lawful, or the Act of Congress, approv
ed July 2, 1864, shall be changed.
You will, by every proper means, encour
age a return to industrial pursuits iu your
agency.
All products of free labor heretofore pro
duced within the National lines, as then de
signated, or hereafter produced in the States
of Tennessee, Virginia, Nprth Carolina, Geor
gia, Florida, and so much of South Carolina,
Alabama and Mississippi, as shall be declared
within the lines of occupation by the Depart
ment Commanders thereof, may be taken, or
sent to market in the loyal States by the pro
ducers on their own account, without sale to
the United States, or any charge except the
internal revenue tax, and the intercourse fees
prescribed by the Secretary of the Treasury.
All products other than of free labor, pro
duced in insurrectionary States, prior to the
order of the Secretary of War extending the
lines of military occupation, dated April 17,
1865, may be sold to agents appointed by the
Secretary of the Treasury to purchase for
the United States. These agents will be lo
cated at all the Atlantic aud Gulf ports im
mediately, and will pay for such property
three-fourths (3-4) of the New York market
price.
Arrangements will be immediately made
in your agency for unrestricted trade in the
sale of all supplies not contraband of war.
All persons who take the oath of loyalty
will be permitted to bring such supplies,
in any quantity desired by them, to all mili
tary posts in your agency, and there to sell
the same to all loyal persons, in unrestricted
amounts.
The purpose of the Government is to es
tablish in all districts where good order is
maintained by the inhabitants, as nearly an
unrestricted trade as possible under the pres
ent law; and you will be careful to see that
the above directions are carried out in your
agency, and that all technicalities are avoided
which are not absolutely required under the
law.
I am your ob’t serv’t,
Wa*. P. Mullen,
General Agent Treasury Dept.
fttittd,
Header’s, Department of- the South. )
Hilton Head, S. C., May 15, 1865.)
General Orders.)
No. 63. >
1. The proclamation of A. G. Magralh,
styling himself Governor of South Carolina,
dated at Headquarters, ' Columbia. South
Caroliua, May 2d, 1865, declaring that all sub
sistence stores and the property of the Con
federate States within the limits of the State
should be turned over and accounted for by
the Agents of the Slate, appointed for that
purpose, and directing that the subsistence
and other stores shall be used for tbe relief of
the people of the State ; and the proclama
tion of Joseph E. Brown, styling himself Gov
ernor of Georgia, dated at the eapitol of that
State, on the 3d day of Mav, 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 of May, 1565 ; and the proclamation
of A. lu. Allison, styling himself Acting Gov
ernor of Florida, da‘ted at Tallahassee, on the
Bth day of April 18G5, 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 State of Florida ; are, each and
all of them, declared null and void, it having
become known to me, from trustworthy in
formation, that the atoresaid A. G. Magratli,
Joseph E. Bi’own, and A. K. Allison, are dis
loyal to the United States, having committed
sundry and divers acts of treason against tbe
same, in adhering to their enemies, giving
.hem aid and comfort.
The persons and peoples, to whom the
proclamations hereinabove referred to have
been respectively addressed, are therefore
enjoined and commanded to give no heed
whatever tiiereto, or to any orders, procla
mations, commissions, or commands, emana
ting from persons claiming the right to exer
cise tire functions and authority of Governor
in either ot the States of South Carolina,
Georgia, or Florida, unless the same shall
have been promulgated by the advice or
consent of the United States authorities.
. 11. The policy and'wishes of the general
government towards the people of tiiese
States, and tire method which should be pur
sued by them in resuming or assuming the
exercise of their political rights, will doubt
less be made known at an early day.
It is deemed sufficient, meanwhile, to an
nounce that the people of the black race are
free citizens of the United States, that it is
the fixed intention of a wise and beneficent
government to protect them in the enjoy
ment of their freedom and the fruits of their
industry, and that it is the manifest and
binding duty of all citizens, whites as well
as blacks, to make such arrangements and
agreements among themselves, tor compen
sated labor, as shall lie mutually advan
tageous to all parties. Neither idleness nor
vagrancy will be tolerated, and 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, aud will
take such steps to secure its enforcement as
may by them be deemed necessary.
Q. A. Gii.lmork,
Major-General Commanding.
T. D. Hodges,
Capt. 35th U. S. C. TANARUS., Act. Asst. AdjtGenl.
HEADQUARTERS U. S. FORCES,
Savannah, Ga., May 2<oth, 1805.
General Order,)
No. 35. /
All restrictions heretofore placed upon the bringing
in of wood from outside the picket lines surrounding
the city, are removed.
Those availing themselves of the privileges so ex
tended will however be held strictly responsible that
they do not cut wood upon lands not belonging to
them, without proper anthority. Neither will they be
permitted to disturb fences or other improvements.
By command of
Brevet Major Gen. C. GROVER.
Edward G, Dike, A. A. G, may'2o
HEADQUARTERS DISTRICT OP SAVANNAH,
Savannah, Ga., May 20th, 1805.
Circular.
Until further orders it will be necessary for persons
desiring to go North from this District, on private
steamers or other vessels, to forward their applica
tions for such permission to the Headquarters of the
Department, through these Ileadxuarters.
By command of
Bvt. Maj.-Gen’l GROVER.
Oliver Matthews, A. A. G.
HEADQUARTERS U. S. FORCES,
Savannah, Ga., May 20, 1805.
General Order,)
No. 30. (
General Order No. 12 is hereby revoked.
By commnndof Brvt. Map Gen. GROVER
Q. Duck, A. A. G. raay2o_
PLANTATION FOR SALE.
THE SEA ISLAND COTTON PLANTATION,
Known as
“BRICKYARD,",
For, sale, situate on nilton Head Island,
About five miles from Cnstom House street:
Contains 12 or 1400 acres—4 or 600 acres heavy wood
Live Oak and Pine, the balance valuable Cotton
Land, or suitable for Early Gardening purpo
ses. Has high banks and deep water on
Broad Creek, suitable for wharves.
Price, $15,000. Address
J. E. WHITE,
mayS-tf Box 20 Hilton Head, S. C
pOST QUARTERMASTER’S OFFICE,
Central Railroad Bank,
Savannah, Ga., May, Ist, IS«S.
In pursuance of orders, received at this office, all
citizens occupying buildings, whose owners are ah
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 this office op or before the 10th of
May.
A failure to comply with the above will cans*, a
forfeiture of all claims to fnrther occupation.
S. S. STARR,
mayl Capt. and A. Q. M., in charge of buildings.
'pHE NEW SKIRT FOR 1565.
Awondcrful invention for Ladies. Unquestionably
superior to all others.
Don’t fail to read the advertisement in the Savannah
Herald, containing full particulars, every Monday
morning. edexM3mo martl
QIViIKT CiDKttfc’UK SALE,
To families by the quart or gallon, at
O’MEARA & CO’S
over Adams’ Express Office. Bay street.
mh24
ffflrlal.
t OFFICIAL.]
IIEADQ’RS. DEPT. OF THE SOUTH
Hilton Head, S. C , May fi /L
General Orders t * 1
No. 6-2. (
The following General Order from the War Tw. .
mail'd W lmblinhed fo ‘ the ‘“formation of thU com"
WAR DEPARTMENT,
AlWl TANT Genekai. h Oefioe
General Orders) ***“ * **s.
No. 73. /
The attention of all Commanders of Militarv m -
ions, Departments, Districts, Drtachmentl aml p' v ' 3 '
is drawn to the annexed opinion of the Attoml^ 8 ’
eral, which they will observe, and regulate tnel/.iit C ' n '
m accordance tnerewith:— smaie Weir action
ATTORNEY GENERAL’S OFFICE,
Hon. Edwin M. Stanton, Secretary of^Ar-
Sir : I have the honor to acknowledge the reoi, * „
your letter of the 22d of April. In it you ‘‘ite me d os
questions, growing ont of the capitulation*
twixt Gen. Brant, of the United Sutes Amt V
Lee, of the rebel army. un “
You ask, First. Whether rebel officers «
sided in the city of Washington, and went o vXia'
or elsewhere in the South, and took service can r '
turn to the city under the stipulations of the can „la'
tion, and reside here as their homes ? pitula
.Second. Whether persons who resided iu Washing
t«“ the tune the rebellion broke out left ifel
city and went to Richmond where thsy have il L S
to the rebel, cause, entered into the rebel
otherwise given it their support, comfort, and aid can
return to Vi ashmgton, since the capitulation of Gm
Lee-s army, and the capture of Richmond, and reside
here under the terms ot the capitulation ?
Third. You state that, since the capitulation of Gen
Lee s army, rebel officers have appeared in
the loyal States, wearing the rebel uniform And von
ask whether such conduct is not a fresh act of hosril.
ty, on their part, to the United States, subjecting toem
to be dealt with as avowed enemies of the (foA
went ? vnxern-
Your letter is accompanied with a copy of the terms
of capitulation entered into betwixt Gens Grant wd
Lee. It is as follows: 1 ana
‘•Rolls of all the officers and men to be made in <in
plicate : one copy to be given to an officer designated
by me, the other to be retained by such officer or offi
cers as you may designate. The officers to give their
individual paroles not to take up arms against the Go
vernment of the United States until properly e X chan°'
ed, and each company or regimental commander si™
a like parole for the men of their commands The
arms, artillery, and public property to be parked ami
•stacked, and turned over lo th, officers apS and fr
me [Gen. Grant] to receive them. This will not
brace the side arms of the officers, nor their private
horses or baggage. This done, each officer and man
will be allowed to return to their homes, not to be
disturbed by the United States authority so ion” as
they observe their parole and the laws in lorce wnere
they may reside.”
1— In giving construction to these articles of caDitn
lation, we must consider in whftt capacity Gen Grant
was speaking, lie, of course, spoke by the authority
of the Presiuent ot the United btates, as Commander
in-Chief of the Armies of the United States “ met
be presumed that he had no authority from the Pnii
dent except such as the Commander-in-Ohief could
give to a military officer.
The President performs two functions of theGovern
civil, the other military. As President of
the I nited ...tales and its civil head, he possesses the
pardoning power; as President of the United States he
is Commander-in-Chiet of the Armies of the United
States, and is the head of its belligerent power llis
power to pardon as a civil magistrate cannot be dele
fh! Ut m 1118 ‘rt ,er ?“ nal trust inseparably connected with
the office of President. As Conimauder-in-Chiet of the
Annie, of the l nited States, he has of necessity to
deiegate a vast amount of power. Regarding General
Grant then pu ely as a military officer, and that he was
speaking as one posseting no power exoept belliger
ent, aim considering that fact to be well known to the
belligerents, with whom he was making the stipula
tion, let us come to the consideration ot the first Ques
tion which yon have propounded H
U must be observed that the question is not as to
the extent q 1 the power that the President, as Com
mi“ld u er ' l !!' Chlef Armies, possesses; it is not
whether he aa Commander m-chief of the Armies of
the United States could grant parole, by virtue of his
military authority, to rebels to go to, and reside in loy
al communities—communities that had not been in re
bellion against the Government of the United States ■
but the question is whether by, and under the terms oi
the stipulation, he has granted such permissions
In the cases in 2 Black, commonly called the Prize
Cases, the Supreme Court of the United States decided
that the rebels were belligerents: that this was no
loose, nuorgamzed insurrection, without defined boun
dary, but that it had a boundary, marked by lines of
bayonets, which can only be crossed by force • that
south of that line is enemy’s territory, because claimed
and held by au organized hostile aud belligerent pow
er ; that all persons residing within that territory must
be treated as euemies, though not foreigners ; and it
is well settled that all persons going there without li
cense, pending the hostilities, or remaining there after
hostilities commenced, must be regarded and treated
as residents of that territory. It follows, as a matter
of course, that residents of the territory in rebellion
cannot be regarded as having homes iu the loyal States.
A man’s home and his residence cannot be distinct the
one Irom the other. The rebels w ere 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 soldiers of Gen, Lee’s army, then, who had homes,
prior to the rebellion, iu the Northern States, took up
their residence within the rebel States, and abandoned
their homes in the loyal States; and when Gen. Grant
gave permission to them, by the stipulation, to return
q* their homes, it cannot be understood as a permis
sion to return to any part of the loyal States.
That was a capitulation of surrender, andnot a truce
Vattell lays it down that: [p. 414] ‘ During the truce,
especially if made fora long period, it is natnrallv al
lowublc for 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 is at liberty, aa
he would be in time of peace, to adopt every precau
tion which maybe necessary to preventthis intercourse
Lorn becoming prejudicial to him. He has just grounds
of suspicion against people with whom he is soon to
re-commence hostilities. He may even declare, at the
time of making the truce, that he will admit none of
the enemy into any place under his jurisdiction.
‘ Those who, having entered the enemy’s territories
during the truce, are detained there by Sickness, or any
other uusurmountable obstacle, and thus happeu to
remain in the country after the expiration of tiie ar
mistice, may, in strict justice, be kept prisoners- it is
an accident which they might have foreseen, and to
which they have, of their own accord, exposed them
selves; but humanity and generosity commonly re
anire that they should be allowed a sufficient term tor
leir departure.
‘•lt the articles of truce contain any conditions ei
ther more extensive or more narrowly restrictive than
\fhatwe have here laid dowu, the transaction becomes
a particular convention. It is obligatory on the con
tracting parties, who are bound to observe what they
have promised in due form; and the obligations thence
resulting constitute a conventional right.
Now if the rights of enemies, during a long, truce
and suspension of hostilities, are thus restricted, it
would seem evident that their rights under a capitula
lation or surrender, without any suspension of hostili
ties, could not, without express words in the stipula
tion to that effect, be anything like as large as under a
truce and suspension of hostilities.
Regarding Gen. Grant, then, as speaking simply ns
sojdier, and wjth the powers of fi soldier; regarding
this war as a territorial war, and persons within that
teiritory as residents thereof, aud. as such, enemies of
the Government; and looking to the language of the
stipulation, I am of opinion that the rebel officers who
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 going into the rebel
lion.
11. As to your second question—The stipulation of
surrender made betwixt Gens. Grant and Lee, does
not embrace any persons other than the officers aud
soldiers ol Gen. Lee’s army. Persons iu 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 right to return to
Washington under that stipulation.
111. —As to the third question— My answer to the first
is a complete answer to this.
Rebel officers certainly have no right to be wearing
their unitoruie in any of the loyal States. It seems to
me that such officers, having don evvrong in coming
into tTe loyal States, are but adding insult to injury m
wearing their unilorms. They have as much tight to
bear the traitors' flag through the streets of a loyal
city as to wear a traitors’garb. Ihe stipulation ol
surrender permits no such thing, and the wearing °«
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-
Bycommandof Major General Q. A. GILLMORL.
T. D. llodoes, Capt. 36th U. S C. TANARUS.,
Act. Asst, Adjt. General.