Savannah daily herald. (Savannah, Ga.) 1865-1866, May 26, 1865, Image 4

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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.