Savannah daily herald. (Savannah, Ga.) 1865-1866, May 27, 1865, Image 4

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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.