American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1865-05-03
The Returning Rebels.
General Orders. No. 79.
WAR DEPARTMENT.

detachmen.s, aud posts, IS drawn 10 lhe
annexed opinion of the Attorney Gener,
al, which they will observe, and regulate
their action in accordance herewith:
ArroRsEY GENERALS OFFICE,
April q, 1865.
Hon. z. H. Stantcp. Soy Of Waa-:
Sir-I have the honor to.ackdowledgc
the receipt Of your letter Of the 22nd OF
April. In it you ask me three questions
growing out Of the capitulation made be.
tween General Grant, Of tho United States
army, and General Lee, of the Rebel
army.
You ask-frst, whether the Rebel oil,
GERS whoonce residcdin the city Of Wash
ipgton, and went to Virginia, or else
where in the South, and took service, can
return to the city under the stipulatious OF
the capitulatiou, and reside here US their
homes?
Second-Whethor persona who resided
in Washington about the time the rebel
lion broke out, left the city and went to
Richmond, where they have adhered to
the rebel cause. entered into the civil SER
vice. or otherwise given it their support,
comfort and aid, can return to Washing
ton since the capituiation Of Lees army
and the capture Of Richmond, and re-
side here under the terms Of the capitula-
tiony
Third-You state that, since the cap
itulation Of General Lees amy, rebel Of
fcers have appeared in public in the 10y
al States. wearing the rebel uniform and
YOU ask whether such conduct is not a
fresh act Of hostility on their part to the
United States, suhiecting them to be dealt
with as avowcd enemies Of the Govern
mont?
Your letter is accompanied with copy
sof the terms Of capitulalion entered into
bctwixt Gems. Grant and Lee. 1t is as
follows:
"RoIls Of oil the officers and men to
be made in duplicate one copy to be
given to an officer designated by me- the
other to be retained by such officer or Of.
fcers as you may designate The officers
to give their individual paroles not to take
arms against the Government OF the Uni
led States until properly exchanged, aud
each company or rcgimental commander
sign a like parole for the men Of their
commands. The arms, artillery, and
,public property to he packedaud stacked,
aud turned over to the officers appointed
by me General Grant, to receive them.
This will not embrace the side arms of
the officers, nor their private horse, or
baggage This done, each oficerand nan
will be allowed to return to their homes,
not to be disturbed by the United States
authority so long as they observe their pa
role and the laws in force where they may
reside"
/. In giving construction to these ar
ticles Of eapitultion, we must consider in
what capacity General Grant was speak,
ing. lie, Of course, spoke by the author
ity of the iresidentof the United States,
as a Comnander-in-Chief Of the Armies
of the United States i must be pre-
sumcd that he had no authority from the
President, except such as the Commander
in-Chicf could give to a military officer
The President performs two functions
OF the Goycrnmeut-oae civil, the other
military. As president Oft Uritcd
States and its civil head, lie possesses the
pardoning power; as President Of the
United States lie is Commander-in-C ChieI
Of the Armies Of the United States, and
is the head of its beligerent power
Ills power to pardon as a civil magistrate
cannot be delegated; ii is personal trust
iuseperably connected with the Office Of
President. As Commanderin Chief Of
che Armies Of the United States he has
Of necessity to delegate a vast amount Of
power Regarding General Grant, then,
purely as a military officer, and that ne
was speaking as one possessing no power
except belligerent, aud considering the
fact to be well known TO the belligorents
with whom he was making the stipulation,
let us come to the consideration Of the
FIRST question you have propounded.
1t must be observed that the question
is not as to the extent Of the power that
the President, as Comman der,iu- Chief OF
the armies, possesses it IS, not whether
he, as Commander Chief Of the Ar
mics of ;he United States, could grant
parole by virtue of his military authority