Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1865-04-28
Hon. EDWIN VI. STANTON,
Secretary OF War.

April p 1869 !
Hon. EDWIN NJ. STANTON.
Secretary Of War.
SIR have the honor TO acknowledge he receipt OF
your le ter Of the 22d of April In Il YOU ask me three
questions growing out Of the cspuatOn made betwixt
Cen Grant Of the United states Army, and Cen Lee
You ask First Whether rebel officers who once resi-
de in the city of Washington, and went to Virginia,
or elsewhere in the South, and took service can re-
turn TO the city under the stpulations OF captuaoD
and reside here as their homes
Second. Whether pesron5 who resided in Washh gtOn
about tn time the rebellion broke out left the city and
went to Richmond where they have adhered to the
cause entered into the civil service otherwise given
il their support comfort and aid, can retLrn to Wash
inrton since the capitulaton of General Lees army,
and the capture OF Richmond, and reside here under
the terms of the capitulation
Third You state that since the cspituatio1 of Gen.
Lees army rebel officers have appeared in public in the
loyal States wearing the rebel uniform and you ask
whether such conduct is not fresh act Of hostility
their part to the United States, subjecting them to be
dealt wi h. avowed enemies Of the Government
Your letter is accompanied with copy OF the terms
of captulation entered into bewKt Generals Grart ard
Lee. II is as follows:
Rolls of all the officers and men to be made in du-
peate copy 10 be given TO an officer designated by
me, the other TO be retained ly such officer officers
you may designate The officers TO give their ndy j.
nal paroles not TO take up arms against the Government
OF the United States until properly exchanged aud each
company regmental commander sign like parole
for the men Of their commands The arms art.l-
lery, and public property 10 be parked and stacked,
and turned over TO the officers appointed by me-
(Gen. Grant, TO receive them This will en- bri the
side OF the officers their private horses bag
gage This done, each officer and man will be allowed
to return TO their homes not TO be dsturbe by United
Stat authority long they observe their parole and
the laws in force where they may reside
LIN giving construction 20 these articles OF captU
lation we must consider in what capacity Gen Grant
was speaking He, of course spoke by the authority Of
the President of the Un ted States as Commandern-
Chief the Armies of the United States Il D1st be
presumed that lie had authority from The President,
except such as the Commanderin-Chef could give 70
military officer
The President performs two functions of the Govern
men-one civil the other mil sry. As President of the
United States ane its civil head he possesses the pEdon'
ing power as President Of the United States he is Com
of the Armies Of the United States and
s the head OF it, begerent power His power TO par
don as civil magistrate cannot be delegated It ID
personal trus inseparaby connected with the office Of
President As Commander-in- Chief of the Armies OF
the United States he has Of necessity to delegate VAST
amount power Regarding General Grant then purely
a m litary officer and that he was speaking as one
sing no power except beigerent and steering
that fact to b. well known to the begerent5 with whom
he was making the ipulation. Let us come 70 the
lsdera;on OF the first question which you have pro
pounded.
1t must be observed that the question no. as to the
extent of the power that the President as Commander
nChief of the armies, possesses it s not whether he
"a Commander in Chief et the Armies Of the United