The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-04-28

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gsrded as having homes in the loyal
States. A mans home and his residence
cannot be distinct the one from the 9TH
er. The rebels were dealt with by Ger
eral Grant as belligerents As belliger-
euts, their homes were of necessity in
the territory belligerent TO the govern
ment 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 resi-
dences within the rebel States, aud aban-
doned their homes In the loyal States;
and when General Grant gave permis-
sion To them, by the stipulation, TO re-
turn tn their homes, il cannot he under
stood as permission to return to any
part of the loyal States. That was a
capitulation of surrender and not
truce. yattel lays it down that [p. All
"During the truce, especially if made fer
a long period, il is naturally allowable
for enemies TO pass and repass To aud
from each others country, in the same
manner as it is allowed in time Of peace,
since all hostilities are now suspended.
But each of the soyereigns is at liberty,
as be wonld be in time of peace, to adopt
every precautiOn which may be necessa-
~ to prevent this intercourse from be-
coming prejudicial to him. He has just
grounds of suspicion against people with
whom he is soon to recommcnce hostili-
ties He may even declare at the time
of making the truce that he will admit
none of the enemy pto any place under
his jurisdiction.
Those who, having entered the en-
emy's territories during the truce, are
detained there by sickness, or any other
obstacle, and thus hap
pen to remain in the country after the
expiration of the armistice, may, in
strict justice. be kept prisoners; il is an
accident which they might have toreseep,
and to which they have, of their own ac-
cord, exposed themselves; but humanity
and generosity commonly required that
they should be allowed a sufficient term
for their departure.
"if the articles of truce contain any
conditions either more extensive or moro
narrowly restrictive than what We have
here laid down, the transaction becomes
q particular convention. II is obligato-
bound to observe what they have prom
ised in due form; and tho obligations
thence resulting constitute "A convention
al right"
Now, if the rights OF enemies, during
a long truce and suspension Of hostili.
ties, are thus restricted, il would seem
evident that their rights under a capitu.
lation Of surrender, without any susprn
sion of hostilities. could not, without ex.
press words in the stipulation TO that ei.
feet, be anything like rs large as under
truce and suspension of hostilities Re.
garding Gen. Grant, then. as speaking
simply as a soldier. and with tho powers
of u soldier; regarding this war a. ter.
ritorial war. and all persons within that
territory as residents thereof aud, ~
such, enemies TO the government, and
looking TO the language Of the stipuls
ton, am Of opinion that the rebel ON
GERS who surrendered to Gen Grant have
no homes within the loyal States. and
have no right to come 10 places which
were their homes prior to their going IN
to the rebellion
ao w voui
latiOn of surrender betwixt Generals
Grant aud Lee does not embrace any per
SONS other than the officers and soldiers
of General Lees army. Persons IN the
civil service Of the rebellion. or who had
otherwise given il support, comfort and
aid, were residents of the rebel territory,
and certainly have no right TO return TO
Washington under that stipulation
As 10 the third question my answer
to the first il complete answer TO this
Rebel officers certainly have no right 10
he wearing their uniforms in any Of the
loyal States. II seems to me that such
officers, having done wrong in coming
into the loyal States, are but adding in.
suit to Injury in wearing their uniforms
They have as much right TO bear the
traitors flag through the streets Of
loyal city as to wear a traitors garb -
The stipulation Of surrender permits no
such thing, and the wearing OF such
uniform Is an act Of hostility against the
Government
Very respectfully.
YOur obedient servant,