The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-04-26
,&s71A o. AE REELS:
Imuortant Order from the
Department.
Opinion Of Attorney General Speed as tt
the Terms of Lees Surrender.
Rebel officers Have No Homes Within
the Loyal States,
&C., de-, 90.
GENERAL oRpyRs--No. rs.

GENERAL oRDERs-NO. 70.
WAR DgpAgrnRNr, ADJUrASr GsscRAL's OvyIn
WASHINGTON, April "a, 1865. !
s,ons departments districts detachments posts is
drawn the annexed opn6n OF the Attorney General
Which they will observe and regulate their action in
AIroasEY GENERAL Opncx, April %, 1866
Hon EDWIN NJ STANTON, Secretary Of War
STR have the honor to acknowledge the receipt OF
your letter Of the 23d OF April In you ask three
questions growing out 6f the capitalization made between
General Grant of the United States Army and General
You ask-Grst, whether the rebel officers who once
resided in the city OF Washington and went TO Virginia
elsewhr in the South and took SERVICE can return
to the city under the stpustons OF the capitalization and
reade here as their honest
Second-W Whether persons who resided In washington
about the tie rebellion broke out left the city and
went Richmond where they have adhered TO the rebel
cause the civil service otherwise given
1t thor support comfort and aid, to WASH
ingon since the capituaton Of General Lees army and
che capture Of Richmond and reside here under the
terms of the caPtulaoaY
Tsd-You state that since the capituation Of General
Lees army rebel OFF, appeared in public in the
whether such sonduct is not fresh act OF hostility
their part, TO the Unitd States, suhecdng them to be
dealt with as avov Ell enemies Of the Governmentf
Your letter Is accompanied with copy Of the terms
Of capulaon entered into betwixt Generals Grant and
Lee II IL As follows
ss s Re :, 8: ?,
sn:s N
each comrany or RI ,mentsl cousnder sign i've parole
pasc 70 be ad
10 Tue ooen ~ ~ me ueneraI GranI " receive
them rms WIN moi embrace INC side arms OF the ohces
nor their private horses or baggage THIS dom. each officer
no to BE- upsed by q. United States asos
long they teir parole and the laws in force
where they may resids'
In giving construction these articles OF capitula
ton we must consider in what capacity General Grant
speaking He Of course, spoke by the authority Of
the President Of the United States as Commander ill.,
Chief Of the Armies Of the United States 1t must be
PRESUMED that h. had authority from the President
EXCEPT g. cb AS tia Commanderi in Chief could give To
military oflcer
The President performs two functions OF tho govern
mentone civil the aher military. As President OF the
United States and its civil ad he possesses the pardon
chief of the armies Of the United States and
is the head Of it's beeersa power His power TO par
don as a civil maggate cannot DO deecatsd it Is Der
sona trust iusenarably connected with the Office Of
Iresd MT As Co,am Chief of the armies nj the
Uutec states Le has Of necessity TO del gate a vast
amoupt of mower REGARDING General Grant than
purely a. n military officer and that he was speaknr M
one ssing no power except and consider
Jag tn fact 10 be well known to the belloereuts with
Consideration Oh the rst question which you have pro
pound d.
IL must Ge observed tnt the question Is not as to the
in-chef of the armies possesses it is whether he
ond Sv n H, armies 81 e United
thoci,y rebels TO 20 and reside in loyal comhun
1Ntftt Al nd NOT In
the coyenman 81 ne nted h, tSs "ueson 81
W. spe u Nv VI e IN 'eS r oa ie question ~
"as granted sucn PERM oiis
Cages Tho Snnreme ourt of ihe United STATES decided
H. a. ron ~ ,yare thai Ills was No lnnsc
.us VII req - mele Det '.". .is VAS no locse,
Ihorsanized issurrseton Without aehned boundary oul
tEal \ laa boundary marked by lines Of bayoneis
In Is ene@ys teor 1eeaass claimed and sl held
persons rcsGag Within tha teri .ory must be treated a
,h an ~ no ,ra , n Wcans % mr sa',e'
h,n.i "a o 80 - mo ,hra ss,er a. ,sf,,, e
that t.rr,,orv n follows "a matter ~ Course tba
rdeus of The le riorv in RI belion cannon he rearIe,
ae barng bon,as 4, tho iovsI Sto,es MANS homc an,
his resi,icnc, cnuo be d,tuct tho opc rom he oItar
The rebels were deaf with bv General Grant as bel
lgerents As belli er.nts their homes were OF neces
sIy in the territory beIigerent 10 the government Of
the Inted STATES The OH, ers and soldiers of General
Iee's army then who had homes prior 10 The
rebellion IN the Northern States took up their resi.
dcIccs within the rebel states and abandoned their
homes the loyal states and when General Grant gay
nermi,sio TO them by the stimulation 10 rem rn 10 their
homes it clnpl v unesto as psrni SION 10 ysvy1, 10
ouy pd : OF tue LgyoL stl'es
That was a captulation OF surrender and not truce
Vattel ays IL down that TO- AM
During TIE truce especially if made for long perod 1. is
from h other country IN lie same Ia lnaer as is al
lowed peace, hostl'ties are now sus
pended Bu. Oh OF the sevsIesns is At liberty he would
be IA tne o. pc ee g. adopt every pscauion which may be
- M yer ,uS rs ron, pecotaing preJud..
with wi om he La so IN ~ r~onmencr hns t.s liz ma
even declare making truce tia, he viii
admit OF the into place Ter has jurisdiction
Those who having en.erd tae enemys terrtores during
.auee are i, , ~ naess or any oher unr
after ~ entfaon OF the rinsce may in srct iasr -
kept prisoner l. an acc degt which tey mgn have .or
seen and 10 which tney have Of their own accord eloe
but hnniy anu genero:lt commonly relare
.nat '.y .hou'u =. hn",u snLceht ei Tor her oeiar
,arc sri.ne ~ no. naTrnuy rs, c . - 80 @
have hnre laid down tho nsactin becomes particuL
coh,ention Is obhgry on the citing parties, who