Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1865-04-28

States could grant parole by virtue Of his military
authority to rebels 90 to- and reside IN loyal commG
nites-communities that had not been IN rebellion
gainst the Government Of the United States buL the
quest on is whether by and under the terms Of the
stipuatons, he HAS granted such pernissons
In the cases in Black, commonly called the Prize
Cases the Supreme Court of the United states decided
that the rebels be.lgerentsi that this was no
loose, unorganized nsurrection, without dehned
boundary, hut that i had boundary marked oy lines
of bayonets, which only be crossed by toTce
that South Of that line is enemys territory, because
claimed and held by organized hostile ana telgerent
power that all persons residing within that tertry must
be treated as enemies though Tot foreigners and 1t
well settled that all persons going there who1; license
pending the hostties remaining there aiter host-
ties commenced must be regarded and treated as res
dents of that territory. IL follows as matter OF course
that residents Of the territory in rebe lion cannot be
garded as having homes in the loyal states. mans
home and his estence cannot be distinct tie one from
tie other The rebels we're dealt with oy General uIant
as b.igeents As belgeIents their homes were OF ne
cessty in the territory belge.ent TO the Government Of
The United States. The officers and soldiers OF General
Lees army then who had homes, prior to the rebellion
in the Northern States took up their residences within
the rebel States and abandoned tier homes in the loyal
states: and when General Grant gave permission to
them by the stipulation TO return TO their homes, il
not be understood permission 10 return 10 any part
Of the loyal States.
That was > capitulation Of surrender not truce.
Yauel laws il down that Up. Ali During the truce es
ecially if made for long period It s naturally a.lowa-
be for enemies 70 pass and rpas 10 and from each other
country in the II is allowed in time OF
peace since all hostlities are now suspended But each
of the soyeeigns at liberty as he would be in time OF
pea ce 70 adopt every precauton which may De neces
sar, TO prevent this intercourse from becoming preud
cial 10 him He has Just grounds OF suspicion against
peope with whom he is 20 recommence hostities
lie may declare at the time OF making the truce
that he will admit Of the enemy into any place un
der his jurisdiction.
Those who having entered the enemy's territories
during the truce detained there by kness or any
other unsurmountabe obstacle and thus happen TO
main in the country after the expiration Of the arms
tice may in slrict justice, be kept prisoners it is an
accident which they might have oreseen and to which
tley have of their accori exposed themselves but
humanity and generosity commonly require that they
should te allowed sufficient term fer their depart
| ure.
more eXen ive or more narrowly restr tive than what
we have here laid down. the transaction becomes par
ticular convention. II is obligatory on the contract
ing parties who are bound to observe what they have
promised in due form; and the obligations thence re-
| suting constitute a cow entional right
Now il The rights of enemies, during long 'ruce and
suspension Of hOstlities are thus restricted il would
seem evident that their rights under captuaton OF
surrender without any su5pension Of hostites, could
not without express words in the stipulation 10 that
effect he anything like a. large as under truce and
| suspension of hostiltes.
Regarding General Grant then. as speaking simply as
a soldier and with the powers of a soldier regarding
this territorial war and all persons within tina;
territory residents thereof and such enemies of the
Government and looking TO the language Of the stipu
aton am OF opinion that the rebe. officers who
d-red General Grant have homes within the loyal
States and have right to come to places which were
! lheir homes pr or 70 their going into the rebellion.
! U.-As 10 your second questionable stipulation Of
surrender made betwiXt Generals Grant and Lee does
not embrace any persons other than the officers and SOL
der Of Gen raj Lees army. Persons in the civil service
OF the rebellion who had otherwise given it support
comfort and aid and We're residents OF the rebel terrific
~ certainly have right 10 return TO Washington kinder
! tn stipulation.
III-As to the third questonlGy answer TO the frs;
is a complete answer 10 this.
Rebel officers ainly have right 10 be wearing
their uniforms in any OF the loyal States. Il seems to
me, IL at such officers having done wrong in coming
into the loyal State, but adding insult - injury in
wearing their uniforms They have much right to
bear the traitors flag through the streets of loyal
city, as to traitors garb. The stipulation Of sur
render perm slch thing, and the wearing Of such
uniform is an act Of hostility against the Government
Very respectfully, your obedient servant
JAMES SPEED. Attorney General
BY ORDER OF THE SEcRETkRY OF WAR:
w. A. NICHOLS,
Assistant Adjutant General.
OPTICAL
w.ANCHoLs.