Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-04-25

o 0H tCfOm fI may cOBCcTN
Satisfactory evidence having been exhibited
10 me that ROBERT BAR1H, of St. Louis, has
been appointed Consul OF the Duchy of Bruins.
WICK and Luneburg, Tor the State Of Missouri,
do hereby recognize him as such, and declare
him free TO exercise and ENJOY such fuActons,
powers, aud privileges, are allowed 10 Con-
suls by the law of nations, or by the laws OF
the United States
In testimony whereof, have caused these
Letters TO be made Patent, and the Seal of the
United States to he hereunto affixed.
Given under my hand at the City OF Wash.
inCtop. the 18th day OF April, A. ID.
IL. g. 1865, and OF the Independence of the
United States OF America the S9th.
ANDREW JOHNSON.
W. HUNTER, Acting Secretary OF State.
Fas Department., Adjutant Generals ORe.,)
Washington, April ~, 1865.
Gtp>' al Orders, No %.
The attention OF all commanders OF military
divisions, departments, districts, detachments,
and posts, Is drawn TO the annexed opinion OF
the Attorney General. which they will OBJ.
serve, and regulate their action In accordance
herewith,
Attorney Generals Office, April %, 1865.
He's. Edtcin N. Stanton, Secretary of War:
SIR: have the honor to acknowledge the
receipt OF your letter Of the 22d OF April. In Ii
you ask me three questions, growing out of the
capltuiaiion made between General Grant, Of
the United States Army, and General Lee, OF
You ssk-nrst whether the rebel officers who
once resided in the city OF Washington, and
went 10 Virginia, or elsewhere in the South,
ana teoE service, can return TO ths city under
me supulations OF the capitulatiOns, and reside
here as their homes!
Washington about the time tie rebellion broke
out lett the city and went to Richmond,
where they have adhered to the rebel cause,
entered into the civil service, or otherwise
given IL their SUpDOrt, comfort. And Aid.
return to Washington since the capitulation of
General Lees army and the capture OF Rich
nond, ane reside here under the terms OF the
Third. You state that, since the capi.ula,ion
Of General Lees army, rebel officers have ap-
peared Ia public in the loyal States, wearing
the rebel uniform; and you ask whether such
conduct Is not fresh act of hostility on their
part, TO the United States, subjecting them to
be dealt with as ayowed enemies OF the dow
ernmentI
Your letter is accompanied with a copy OF
the terms of capitulation entered into betwixt
Generals Grant and Lee. 1t is as follows
"Roils OF all the officers and men to be made
in dHplicate; one copy to be given 10 an officer
designated by me, the other to be retained by
eucn oifcer or officers bs you may designate
The officers to give their Individual paroles
lot TO take arms against the Government Of
the Cnied States until properly exchanged,
and each company or reglmental commander
risn IKE parole for the imen OF their com.
maHds. The arms, artillery, and public prop
cry 10 be parked and stacked, and turned over
10 the officers appointed by me General Grant
20 receive them. This will lot embrace the
AIDE arms OF the officers, nor their private
horses or baggage. This done, each officer and
man will be allo wed to return to their homes
not TO be disturbed by the United States au-
thoriiy so long as they observe their parole
and the laws in force where they may reside
i. In giving constructions 10 these articles Of
captu!ation, we must consider in what cana
city General Grant was speaking. He, OF
course spoke by the authority OF the President
OF the United states, as Commander in Chief
Of the Armies OF the United States 1t must he
presumed that he had NO authority from the
PRESIDENT, except such as the mmauder In.
Chief could give to a military ofhcer.
Ihe President performs two functions Of the
GoveInment-one civil, the other military. AS
PRESIDENT OF the United States, and its civil
head, ne possesses the pardoning power; as
President OF the United States he is Com
mander-in Chief OF the Armies OF the United
states, ard is the head of Us belligerent power
his powerto pardon as a civil magistrate can
hot De delegated; IL is a personal trust insepa.
t .s Sonnee,ed with the office of President.
as COMMANDER -ln-Caief OF the Armies of the
inlted states he has OF necessity To delegate a
vast amount OF power. Regarding General
orant, then. purely as military officer, and
that ne was speaking as one possessing no
power except beilig.rent, and considering the
teet 70 be well known to. be!ligerents with
Whom he was making the stipulation, let ms
come 10 the consideration of the first uuestion
which yen have prspOunded.
IL mus be observed that the question is not
as 10 Inc extent OF the power that the Presi-
dent as Commander In-Chief OF the Armies
possesses, IT is not " he th.r b e. Us Comma uder.
ln-Cnisi OF the Armies Of the Uni'ed States,
eouio grant parole by virtue of his military
authority, TO rebels to 20 to and reside in
ioyal ACKNOWLEDGEMENTS that had nor
been IN rebellion against the Gov Ell nnsnt Of the
United States; but the question is whether hy
arr under the terms OF the s.ipulations he bG,
granted such permissions
n The cases in Black. commonly called the
ilne cases, the Supreme Court OF the United
Saa'es decided that the rebels were bel.igerents;
tA.A- 'nis was no loose, UnOrganiZeG irsurrec.
49, mniout defined boundary. but that 1t had
y, nv hnac 81 IN
wnIcn can only he crossed by force: that south
OF ma line 10 enemy e territory becaus e claimed
ept power that all persons rssidi .C 'siiscI-
ritory n ust be treated as epemiss -. W. -
ioIeigners; ana II Is well settled tina, ali per.
hostiities, or remaining there after hn,Ei,, ,ne
com msnced, must be regarded ana tre.,at S
residents CT that territory. 1t follows, as =
mater OF couse, that res dents OF the territorr
IN rebellion, cannot be- regarded as hay;nS
homes In the 10y al States. A mans home a.
MS residence cannot be distinct the one from
the other. The rebels were dealt with by Gen
Grant as beliigerents. As belligerents, their
homes were OF necessity IN the terri ory bell
igerent to the Grow rnment of ths United
Satss. The officers ana soldiers of Gen LEAFS
army, then, who had homes, prior 10 the re.
beliion, In the Northern States, took up their
residences within me rebel States, and. aban
doned their homes in the 10y aI States and when
Gen Grant gave permission to them, by the
stipulation, 10 return 10 their homes, it cannot
De under. TODD as permission to return to any
Fart OF the 10y al States.
Tnat was capitulation OF surreade-, and
NOT truce. Vattel lays IL down that TO- am
Doring the truce, especially If made for n
Iohs period, II IL naturally allowable for ena
Hies 70 pass and repass to and from each
otner country. In the same manner as il is al
IoWeu IN une OF peace, since all host,fities are
now suspended But ca IN Of the soyereiens 10
AZ Hotrty, as ne would be in time of ns.na 70
adopt every precaution which NAV he ua.eso
seTy 70 prevent this Intercourse frsn1 bscontn.
pIeJnoiciai 10 MIN. He has just grounds OF
suspicion against people with whom ne "a go
10 reecmmence hostilities. He ma, svsn f.
elaYe, a. the time OF making the 49, I'm oe-