Newspaper Page Text
The Savannah Daily Herald.
SATURDAY, MAY *T, 1865.
FKom ore evening edition
OF YESTERDAY.
RECONSTRUCTION MEETING IN VIR
GINIA.
A public meeting of the citizens of Augus
ta County, Virginia, was held in Staunton on
Monday the Bth of May, to take measures
looking to a re-organization of the govern
ment of Virginia. Alex. H. H. Stuart was
the chief speaker. Alter summing up the
situation and drawing the conclusions that
“the war is ended, and that there is no pur
pose to resume military operations—that there
has been a virtual abdication of the confed
erate government, and a suspension of the
authorities of the State,” the speaker went on
to say: u
Under these circumstances, we are assem
bled to consider what course we shall adopt
to secure the best protection of person and
property, and the largest measure of our
rights, both personal and political, which
may be practicable. Jt has been suggested
that our wisest course is to do nothing, but
to await the developments of events. I do
not approve this suggestion. I think we
should endeavor, as far as we can. to give
shape and direction to our own destiny. If
we fail, we will at least save ourselves the
reproach of not having made an effort to do
so. Those who advocate a doctrine merely
passive, seem to act on the idea that we
have lost all our right, and must accept scull
form of Government as may be imposed upou
us. This notion arises from the fact that
those who entertain it confound the idea of
Power aud Right, which are two very dif
ferent things.
A victorious party may have the power to
impose an obnoxious form of government on
its defeated adversary, but it by no means
follows that it has the right to do so. In my
judgment it is proper that the people of Vir
ginia should express in public meetings—-the
only mode left to them of giving authentic
expression to their sentiments—their recog
nition of the fact that the war has ceased—
finally ceased—that the attempted revolution
has finally failed, and that there is no pur
pose on their part to renew it. When it is
thus made manifest that the people accept
the fate which, iu the fortunes of war, is
ours, aud that they are prepared to recognize
the authority of the Constitution of the
United States, from that moment our rela
tions to the United States government are
materially modified, and rights which
may have remained in abeyance
during the continuance of hostili
ties are immediately revived in full force
and vigor. When the war is at an end all
those powers claimed as war powers, and as
matters of military necessity, must cease with
it. The restoration of peace will bring up
for discussion and decision many novel and
complicated questions. The experience and
the precedents derived from the history of
other nations will furnish very insufficient
guides iu their solution, because the history
ot the world affords no case that is parallel to
ours. In other countries the relation of the
citizen or subject to his government is Simple
and direct. He owes allegicnce to but one
government. Under our complex system
every citizen owes allegience to two govern
ments.
Before the war, every citizen owed alle
giance to his State, as well as to the United
States. He was bound to defend both. It
was thus a double or a divided allegiance,
with the line ot demarcation not verv dis
tinctly defined. When, therefore, a conflict
occurred, it was not always easy to determine
the path of duty, or to pursue it, for what
was obedience to the one, might be treasou
against the other. The war having termi
nated, and the confederate government bav
ing potentially ceased to exist, we are re
leased from all claim of allegiance to it, and
remitted to our rights as citizeus of Virginia.
What may be the extent of those rights, or
how far any individual may have forfeited
his rights, may be a question to be determin
ed hereafter, in tbe mode prescribed by the
Constitution of tbe United States.
This is a bold and presumptuous speech
throughout, and indicates clearly that the
leading traitors in Virginia do not fully ap
preciate their position with the Government.
The sophistry of the argument is appa
rent. The assertion of the doctrine of
State Rights—the declaration that a citizen
of this country “owes a double or divided al
legiance—an allegiance to his State and an
allegiance to the United States,” which may
act in antagonism to each other, is the falla
cy that vitiates all which come 9 after. State
Rights, as all must know, is one of those
disturbing elements that cannot be allowed
longer to enter into political questions in
this country. Virginians must learn that
they have no rights as Virginians in distinc
tion from their rights,and to of
their duties, as citizens of the United States,
if indeed they have even those rights a? yet.
The N. Y. World remarks upon this meet
ing :
The report we give this morning* of the
meeting of native Virginians, held at Staun
ton last week, is worthy of careful perusal
by all who are interested in the problem of
reconstruction. To restore the South to its
proper relation to the Union, it is not enough
that the YV ashington cabinet act wisely ;
there must also be a willingness on the part
ot the southern people to submit to the new
order of tilings. There is reason to believe
that the mass of the southerners are in a rea
sonable frame of mind, and if not harassed
by harsh measures, will soon become useful
utixens. Lufoitunately, it is difficult to get
aV riM-exaet state of feelings at the Mouth.
The state legislatures are not allowed to sit,
va ! ue suc h meetings ns we
report this inojnmg in showing the aetual
of feeling at the South. hope suS
meetings willcontmue to lie held boas to
give the southern people a chance to show
their penitence, and furnish a clue to our ru
fers respecting the course they should pursue
iu bringing about reunion.
total number of officers and men sur-
r w D b y Johnson was a©,924. Among the
the first to sign the parole was Semmes, late
pirate. One North Carolina regiment had
tmly 14 men left: another had 7 ; another 20.
guard-mounting of the SIXTH
REGULARS.
The mounting of guard by the Sixth Regi-r
ment, U. S- Infantry now garrisoning this
city attracts a large number of spectators
each morning. The wonderful precisiou of
drill among the men, the neatness of their
uniform, the completeness of their equip
ments, the facility with which their officers
handle them, and the fine music of the full
band, elicit much admiration. The guard
mounting takes place in New Orleans Square
at about lialf-past eight in the moruiug, and
is well worth witnessing.
The Meeting To-day. —A public meeting
of the citizens of Chatham county, “to take
into consideration the present condition of
affairs" was held to-day at the Exchange. A
full report of the proceedings will appear in
morning issue.
ITEMS.
The Spanish Government has issued a
decree ordering the evacuation of San Do
mingo. • j
Strawberries, new potatoes, peas and beaus,
have made their appearance in liberal quan
tites at Cincinnati.
Arrests of treason brawlers, and those who
rejoice over the assassination of President
Lincoln, continue at San Francisco.
Major General Butler has returned home,
after an absence of a month in Washington
and other cities.
The paroled prisoners and men of the rebel
Gen. Dick Taylor’s army are now overruning
Mobile.
The California branch Sanitary Commission
have remitted to New York by telegraph
§14,000,000 in gold.
Hon. John S. Millson, formerly a member
of Congress from the Norfolk District, has
arrived iu Petersburg.
Major-Gen. Thomas visited the Cincinnati
Merchants’ Exchange lately, and was en
thusiastically received.
Anew silk mill, one hundred feet long by
forty feet wide, is to be erected in Hartford,
Conn., this season.
Some enthusiastic Trojans recently sent on
to Gen. Grant a box of one hundred cigars,
which cost §IOO.
Gen. Gideon J. Pillow was captured near
Selma. He was afraid to go home on account
of the guerrillas.
The War Department has received irom
Richmond two large trunks filled with pri
vate correspondence or George N. Sanders.
The dark-brown mare “Lady Lightfoot,”
whose untrained speed is a mile in 2:36, has
been purchased by a Rhode Island gentleman
for §6,000.
The War Department on Thursday, re
ceived from Richmond, two trunks filled with
the private correspondence of George N.
Sanders.
Gen. Phil. Sheridan is to be placed in a
high command at the West, and his old staff
has gone on. His men will join in the review
at Washington.
A movement has been started in Boston to
raise one hundred thousand dollars by one
dollar subscriptions, to be presented to Mrs.
Lincoln.
Three persons—the engineei, fireman,"and
brakesman—were killed on the St. Louis and
Alton Railroad, on the 18th, by the explosion
of the locomotive which they were driving.
Kili.ino of Gen. Forrest —The Nash
ville Press learn that Gen. Forrest was killed
by ('apt. Walker, of the rebel army, in re
venge for shooting his son.
Jeff. Davis was hung in effigy by loyal
men, on Thursday last, at San Francisco,
Cal. The figure appeared in a woman’s
dress, but with a man’s boots in plain sight.
It is said that President Johnson differs
with Secretary Stanton and auother member
of the Cabinet on the policy of extending the
elective franchise to the negroes.
A FERs.iN named Sophia Gibonse, who has
for twenty-five years passed as a woman,
died in Cambridge, Ohio, a few days since,
when it was found that he was a man.
There is not a single unpaid requisition in
the Treasury Department, except the pay of
the army: which is awaiting the readiness
of the Paymaster's Department to call for it.
Dr. Blackburn, who is said to have ship
ped infected clothing from Bermuda, were
arrested at Montreal on Thursday, on a war
rant from Toronto, for the breach of the neu
trallity law’s.
One of the last acts of the lamented Rich
ard Cobden, was to send a generous contri
bution to a poor, sick, distressed American
seaman, whose pitiful case had become pub
lic through the uewspapers.
The death of the rebel General Wharton is
confirmed by the Galveston News of May 7th.
He was shot at Magruder’s headquarters by
the rebel Colonel Baylor, whom Wharton
had insulted.
Ax last accounts, Gen. Humphrey Marshall,
Gen. Bragg, and others ot rebel note, are ske
daddling for the Trans-Mississippi Depart
ment. Some of the rebel Congressmen were
striking for Mexico.
A despatch from De 9 Moines, lowa says
the guerillas, who robbed the passengers of
the Great Western Stage Company, have
l>een captured, “and their bodies left iq the
woods. - ’
Commissioner Lewis, of the Internal Rev
enue Bureau, Washington, decides that
stock-broker 9 must include in their monthly
returns all sales of stocks, Ac., made tor
themselves as well as those made for others.
Baron Stoeckel, the Russian Minister at
Washington, recently read to President
Johnson the instructions which he had re
ceived from Prince Gortschakoff in relation
to the assassination of President Lincoln.
It is staled that the administration has
summoned the leading loyal citizens of
Nbrth Carolina to Washington, to confer
upon the matter of the restoration of that
State to its true relations with the Govern
ment.
To make whiskey, costs forty cents a gal
ion—-the government tax on tire arfiple is $2
agallon, yet whiskey is sold at §2.10.k*
W here the odd thirty cents and the profit ga
to, is the problem now engrossing the atten
tton of the assessors of internal revenue.
A YEAR’S HAVOC AMONG INVEST
MENTS OTHER THAN GOVERNMENT
BONDS.
How much better it would have been for
tnvesters to put their spare money into Gov
ernment Loans than into Corporate Stocks
and Company enterprizes, even of recognized
merit and established popu.arity. We make
no mention of the deplorable waste of hard
earned money in any of the phases of mad
ness known to the history of Petroleum,
Coal Oil, and Scoundrelism. Simple people
who play with sharpers that use loaded dice
and marked cards must expect to be skin
ned, and they get skinned. Wisdom is not
available for such, nor can comparisons be
tween judicious and injudicious investments
be made profitable unto them. But just look
at this table, all you who have spare money
and who hesitate what to do with it, and
learn how it is better to take stock in the
United States of America than in an) r of the
very best of our railroad companies, coal
mines, or gold mines.
TAI;LE or A YEAR'S HAVOC IN TRICES,
1864. 1865, Decline per
„ _ . March 31. March 31. share of SIOO
New York Central M3 at 56
Erie Railway 113 50 63
Reading 154 91 tj-j
Mich. Central ~..149 93 5c
Mich. Stout item \\\yt go
Rock Island S3 37 v
Northwestern Pref.... 84 50 34
Fort Wayne 143 8* 69
Hudson River 1C0& 100 C9V
Cleve & Pittsburg 125>i 54 Hl4
Quicksilver..., 91 61 30
Mariposa 42
Pennsylvania C0a1....219 170 39
Now, here is unquestionably good proper
ty. But a time came when people who own
ed it had to convert it into money; and the
haste to realize on it in a market where prop
erty of every description was crowding for
sale, and where capitalists and money-lenders
were timid and exacting, depressed these
stocks very low. The fall in their values
ranged from 48 1-2 to 7.1 1-2. On the other
hand, the United States Five-Twenties, which
on the 31st of March, 1864, stood at 109 3-4,
stood on the 31st of March, 186. r >, at 105 1-2.
All “downward” influences put together, po
litical hostility, the cost of the war, a com
mercial panic, and stock-jobbing combina
tions had not been able to depress them to
par! Not only did not “Governments” go
down of any consequence in a year under
tremendous pressure, but they are rising at
this hour, and they will continue to rise till a
long time after the close of the war. Assur
edly there is nr.' investment for the spare cash
of this country to be compared to United
States Bonds—and best of all of them are
Seven-Thirties.
The entire length of the new railroad be
tween Vera Cruz and Mexico will be three
hundred and fifteen miles, the highest sum
mit level above the sea, being eight thousand
three hundred feet above the level of the sea,
being double the height of any other raihoad
in the world; it will have an incline of twen
ty-three miles aud a grade of two hundred
and twelve feet per mile, on which the curve?
have a radius of five hundred feet. There is
one bridge to be built two hundred and nine
ty feet high, besides several tunnels.
Savannah, Ga-., May 16, 1865.
To Albert G. Browne, Esq.
SuperlHsmg Special Agent, Treasury Depart
ment, Fifth Special Agency :
Sir:— To correct misunderstanding and to
secure uniform action by Agents of tbe Trea
sury Department in collection of captured,
ana abandoned property, all agents will be
required to observe the’following directions.
No property owned by individuals aud
now in their possession will be treated as cap
tured, except such as has been taken by the
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 aud turned over under
Military orders.
No authority whatever can be given to
purchase products in States heretofore declar
ed in insurrection, except for account of the
United States, until after the President shall
declare that 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 in your
agency.
AH products of free labor heretofore pro
duced within the National lines, as then de
signated, or hereafter produced in the States
of Tennessee, Virginia, North 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 ol 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 and Gulf ports im
mediately, and will pay for such property
three-fourths (8-4) 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.
AH persons who take the oath of loyalty
will lie 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
tabjish in all districts where good order is
maintained by the Inhabitants, as nearly au
unrestricted trade as possible under the pres
ent law; and you will lie careful to see that
the above directions are carried out in youi'"
agency, and that all technicalities are avoided
which are not absolutely required under the
I am yoyr ptyt jjCTv’t,
Wm. P. Meli.fh,
General Agent Treasury Dept.
fffitfel,
Headq rs District of Savannah, I
Savannah, Ga., May 26, 1865. f
General Orders,!
No. 24. >
The following General Order is republish
ed for the information of all concerned:
Headqr’s, Department of the Soctii, >
Hilton Head, S. C., May 15, 1865.)
General Orders.)
No. 63. ;
1. The proclamation of A. G. Magrath,
styling himself Governor of South Carolina,
dated at Headquarters, Columbia. South
Carolina, 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
tbe Agents of the State, appointed for that
purpose, aud directing that the subsistence
and other stores shall be used for the relief of
the people of the State ; and the proclama
tion of Joseph E. Brown, styling himself Gov
ernor of Georgia, dated at the capitol of that
State, on the 3d day of May, 1.865, requiring
the officers and members of the General As
sembly to meet in extraordinary session at
the Capitol in Milledgeville on Monday, the
22d day ot May, 1865 ; and the proclamation
of A. K. Allison, styling himself Acting Gov
ernor of Florida, dated at Tallahassee, on the
Bth day of April 1865, giving notice and di
rection that an election will be held on Wed
nesday, the 7th day of June, 1865, for Gov
ernor of the 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. Magraih,
Joseph E. Brown, aud A. K. Allison, are dis
loyal to the United States, having committed
sundry and divers acts of treason against the
same, in adhering to their enemies, giving
hem aid and comfort.
The persons and peoples, to whom tire
proclamations hereinabove referred to have
been respectively addressed, are therefore
enjoined and commanded to give no heed
whatever thereto, or to any orders, procla
mations, commissions, or commands, emana
ting from persons claiming the right to exer
cise the 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 these
States, and the 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 tlTcrr 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 for compen
sated labor, as shall be 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, and will
take such steps to secure its enforcement as
may by them be deemed necessary.
Q. A'. Gillmore,
Major-General Commanding.
T. D. Hoogks,
Capt. 35th U. S. C. T.-, Act. Asst. Adj’tGen'l.
The Commanding Officers of the Defences
of Savannah, Post of Augusta, Fort Pulaski,
arid’detached commands will see that tie
above order is circulated, not only within the
limits ot their respective commands but
throughout the adjacent country.
By command of ,
Brevet Maj. Gen. GROVER.
Oliver Matthews, A. A. G.
may 27 7t
HEADQUARTERS IT.l T . S. FORCES,
Savannau. Ga., May 20th. 1805.
General Order, \
No 35. I
All restrictions heretofore placed upon the bringing
in oi 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, Dire. A. A. G. may2o
HEADQUARTERS DISTRICT OF SAVANNAH,
Savannah, Ga., May 20th, 1365.
Clßcri.AE.
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 Headquarters.
By command of
Bvt, Maj.-Gen’l GROVER.
Outer Matthews, A. A. G,
HEADQUARTERS U. S. FORCES.
Savannah, Ga., May 20, 1865.
Gen-erai. Order,)
. No. 36. ;
General Order No. 12 is hereby revoked.
By command of Brvt. MaJ. Gen. GROVER
Edward G. Dike, A. A. G. raay2o
PLANTATION FOR SALE
THE SEA ISLAND COTTON PLANTATION,
Known as
"BRICKYARD,",
For, sale, situate on Hilton Head Island,
4bovit five miles front Custom House street;
Contains 12 or 1400 acres—4 or 500 acres heavy wood
Live Oak and Pine, the balance valuable Col ton
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,
Roe 20 Hilton Head, 8. C
PHE NEW SKIRT FOR 18C5.
Awondeffnl invention for Ladies. Unquestionably
superior to all others.
Don’t fail to read the advertisement in the Savannah
Hekai.d, containing full particulars, every Mouday
morning. edexMßmo mnrtl
tiujtK tint "
To families by the quart or gallon, at
O’MEARA & CO’S
oyer Ad§ms’ Express Office, Bay street
mb24 .
[OFFICIAL.]
HEADQ’RS DEPT. OF THE SOUTH
Hilton Head, S C yJ , r , .
General Obuf.bs) ’ ’ Ma y 16, loG3.
No. 62. )
The following General Order from the War iw
ment, la published for the Information of ,hi pßrt ‘
maud: coia-
WAR DEPARTMENT
-Adjutant Gf-nkrai.-s Office
General Orders) Apr.l 24, 1865:
No. 73. j
The attention of all Commanders of Military n; t
jons. Departments. Districts, Detachment mid k, ?
is drawn to the annexed opinion of the Attorney i? 8 >
eral, which they will observe, aud regulate thel/al?”'
in accordance therewith • e Ulelr ac, ion
ATTORNEY GENERAL’S OFFICE,
Hon. Edwin M Stanton, Secretary
Sib : I have the honor to acknowledge the ,
yonr letter of the 22d of April. In it you ask ml it 1 of
questions, growing out of the ea P itdiatio n k n STip h j' ee
twixt Gen, Grant, of the United States Army «!'
Lee, ol the rebel army. ■'* an uGcn.
Y'ou ask, First Whether rebel officers who ™
sided mthe city of Washington, and went to Vi
or elsewhere in the South? amt smlee
turn to the city under the stipulations of the caXu'
tion, and reside here as their homes ? ca PlUila-
Second. Whether persons who resided in
ton about the time the rebellion broke out tor?!?'
city and went to Richmond where thev have i!m the
to the rebel cause, entered into the rebel lei“ke dr
otherwise given it their support, comfort, and aid
return to Washington, sine?the capitula!ton*o?G?”
Lee-s army and the capture of Richmond, and reside
here under the terms of the capitulation « de
Third. You state that, since the capitulation of o*«
Lee s army, rebel officers have appeared TpuWic ”,
the loyal States, wearing the rebel uniform ■ ‘
ask whether such conduct is not a fresh act oihosfi
part, to the United States, subjecting them
mem f as avowed enemies of the (fore™-
Your ietter is accompanied with a copy of the terms
of capitulation entered into betwixt Gels Gram and
Lee. It is as follows.- 1 ana
‘•Rolls of all the officers and men to be made in dn
plicate; one copy to be given to an officer designated
by me, the other to be retained by such officer oroffl
■ e^ y °, U may designate. The officers to givethrir
individual paroles not to take up arms against theftol
vemment ot the United States until properly
ed, aud each company or regimental commander stn
a like parole lor the mc-n of their commands T h
arms, artillery, and public property to be Darked
stacked, and turned over to the officers appointed by
me [Gen. Grant] to receive them. This will not em
brace the side arms of the officers, nor their nrivare
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 lorn? :'l
they observe their parole and the laws iu force wuere
they may reside."
L—ln giving construction to these articles of capitu
lation, we must consider iu what capacity Gen Grant
vvas speakmg. lie, of course, spoke by the authority
of the Fresment of the United States, as Commander 7
111-Chief of the Armies of the United States. It must
be presumed that he had no authority from the Presi.
deut except such as the Commauder-in-Chief could
give to a military officer. coum
The President performs two functions oftheGov-rr
ment; one civil, the other military. As President of
the l mted States and its civil head, he possesses the
pardoning power; as President of the United States he
is Communder-in-Chief of the Armies of the United
States, and is the head of its belligerent power His
power to pardon as a civil magistrate cannot be dcle-
Iff tn l st i Ußt, parably connected with
° ; ® c * As CommandcF-in-Chief ol the
Annie- of the l mted States, he has of necessity to
delegate a vast amount of power. Regarding General
Grant then pu ely as a military officer, and that he was
speaking as one posse-sing no power except belliger
ent, and considering that tuct to be well known to the
belligerents, with whom he was making the stipula
tion,let us come to the consideration ol the tirst ques
tion which you have propounded 4
It must be observed that the question is not as in
the extent of the power that the President asCom
mander-in-Chielof the Armies, Uisnot'
whether he, as Commander m-Cliief of the A 1 mips of
the United States could grant parole, by virtue ol his
military authority, to rebels to go to, and reside in loy
al communities—communities that had not iieeirin re
bellion against the Government of the United States
but the question is whether by, and under the terms It
the stipulation, he Ami granted such permisrions
Iu the cases in 2 Black, commonly called the Prize
he S ,T eme <Jou , rt ,? r the United States derided
that the rebels were belligerents: that this was do
loose, unorganized insurrection, without defined boun
dary, but that it had a boundary, marked by lines of
y ,?AfV V lCh CiUl ° ,,ly bt ' b.v force ; that
B ° l i ,b : tbat llue 18 enemy’s territory, because claimed
and held by au organized hostile anti belligerent pow
er ; that all persons residing within that territory must
be treated as enemies, 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 Heated
as residents of that territory. It follows? as a matter
of course, that residents oi the territory in rebellion
cannot be regarded as having homes In the Joyal States
A mans home and his residence cannot lie 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 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 abandonee?
their homes in the loyal States; and when Gen Grant
gave permission to them, by the stipulation, to return
to their homes, it cannot be understood as a Dermis
slon to return to any part of the loyal States
„ That was a capitulation of surrender, and not a truce
V atte 1 lays it down that: [p. 414] • During the truce
especially if made fora long period, it is naturally al
lowable lor enemies to pass and repass to aud from
each other's country, In the same manner 83 it is allow,
ed in time of peace, since all hostilities are now
suspended. But each of the sovereigns is at liberty, as
he would be in time of peace, to adopt every precau
tion which maybe necessary to prevent this intercourse
from becoming prejudicial to him. Hehasjust grounds
of-suspicion against people with whom he is *oou 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, aie detained there by sickness, or any
other unsurmountable obstacle, and thus happen to
remain in the country after the expiration of the ar
mistice, may, in strict justice, be kept prisoners • it Is
an accident which they might have foreseen, niid to
which they have, of their own accord, exposed tliem
selves; but humanity and generosity commonly re
quire that they should be allowed a sufficient term tor
their departure
"It the articles of truce contain any conditions ei
ther more extensive or more narrowly restrict ve than
what we have here laid down, the transaction becomes
a particular convention. It Is obligatory on the com
trading parties, who are bound to observe what they
have promised in due form; and the obfigationsthem*
resulting constitute a conventional nghc
Now if the rights of enemies, during along trace
and suspension of hostilities, are thus rest,fcW it
would seem evident that their rights under a cauitula
latiou or surrender, without any suspension of hostili
ties, could not, without express words In the stinnhi.
tion to that effect,
truce and suspension of hostilities. E r
Regarding Gen. Grant, then, aa speaking- sinmlv as
th swar W^L t , h ! P? werH of a soldier f regaling
this war ns & territorial war, and persons within that
8 “ d \ 88 s , uch - enemies of
the Government; and looking to the lang of the
of °P |nlon thl) t the rebel ofllcers who
surrendered to Gen. Grant, have no homes within tha
j£ yal , 8 h t “, t fL and hav . e no ri & ht to come to places which
vvere their homes prior to their going into the rebel-
L°«»f““d question—The stipulation of
surrender made betwixt He us. Grant anti Lee, does
br fL any r pe . rsonsother than the oncers and
£? e s arra y Persons in the civil sei -
vice of the rebellion, or who had otherwise given it
support, corclort and aid, and were residents cf the
rebel territory, certainly have no right to return to
Washington under that stipulation. S
ITT. As t° the third question—My answer to the first
is a complete answer to this.
Rebel officers certainly have no right to be wearing
any °* t ? e >°yal State*. It seems to
me that such officers, having don ewronu in coming
into tie loyal States, are but adding insult to injury iu
wearing their uniforms. They have as much right to
through the Streets of a loyal
city as to wpar a traitors’garb. The stipulation of
surrender permits no such thing, and the wearing of
raent* 1 ” onß ** 8n &C * k°etllfty against the Govcm
\ ery respectfully, your obedient servant,
Rv nrdo, SPEED, Attorney General.
By order ot the Secretary of War •
W. A. NICHOLS,
, Assistant Adjutant General.
Ky r C r? 1 ?L 8nd °f Maior General Q. a. GILLMORE.
p. p. Hoboes. Capt. 36th V. S C. TANARUS.,.
Act, Asst, Adjt. General.