New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-01
The Parolod Prisssess o. Lcs,s and John.
stOnsu A rspies.


To "a. Editor u ThN. " Tyt,sa~
SIR: The morning papers report the surrender
~ Gen Johnston N Gen. Grant on the terms accorded
20 tie Army Of Northern Virein,a.
The followed certificate Of parole indicates one Of the
cond toes OF the capitulatioE:
ArrOsA1fox CouRr.li orss Vr Aprl 10. lrfa
"Tb- h. orei Johu damon 4 c.. irh Regiment o. Vol
nrie-f sparosd prisoner tie arny of northern .ifpna'
soS1 '" to 60 to hid ''~' 81 ' s i.aG sf'
The Attorney has construed this raro!o so as
exclude the colder irom any right GOA lone" north
1o Potomac tie eronnd hiatt United States So
prcme Court hcd determined ,ha, the Rebel force con-
.ituted wha, Is called "beils' rent"
The authority Of Geo GRAFT 10 execute the coDyen-
,ion With Cen Leo questioned is the parole
t.ef declared void the bands Of the soldier but 1t is
sdetermined that when he'd by such soldier north OF
given line II is In operative giving to the bearer no
! legal protection. The policy which dictated the co.,
yenon Is too obvious TO be questioned Ii was " so
dist bue aud scatter & Rebel force os 70 render their
co.. Grafton hereafter mex, to impossible. The Re-
benlon WIS considered on cBd. aud uncalled for
hbcraty extended Ia tie even to TIE extent Of
bcir permitted 20 take with them to their homes"
their torses ard other private effects. What re-
sarded ne their homes ~ sufficiently explained BY
the fact thu; Con Grant ordered transportation for
them for instance, to Maryland. Kentucky aud Mis-
soUri
I,u be seen that tie clynetIon did rot recognize
al legal Secessiop--a North South hut one CON
m, Uniob Gen. Grant. nevertheless, treated with a
bclgeert" power not 4 lii State thut rot even
the South The North. the East tho West, Lot one
cn oci Of persons who he'd nnited 10 resist the execu
ou of authority olihe United States az any and all
pon', Tie decision II The SGp,eDe Court simply
s the fact Of tie ckiste Of this power IL oid
rot undertake define IT. tei DRY or It's civil nisdc-
ton aud authority IL was declared 10 tt line OF
bpyopcts-the Of force which des gnaicd
bcicereui." rhfs force. in p,:ut NJ fact held GER
tca territories Places NJ times even In Maryland ard
geunsylyonia bg. il never held item ~ virtue Of any
al authority. u force against law. IL was sue
ce,sl resistance to the law. 10 President Johnston
distinctly enrns when he declared that tie siees III
tie Sogh have never been Legally separated ron the
Union.
cannot pescciye i.deed how It IL possible 20 ques-
Noa the Justice 81 thl. conclusion II TIC States Of the
south b, tier own act- could legally wittdrav from
tie rnioB then Il policy. not principle Which Do
aanlet or sur part their allegation To the authority
of tie United 81 tes n tbcy out Of the Federal
compac', II IL beclusc ihcy had tie egs right 20 Sc
code FOR surely not prrnillel to ssy they were
errel.,d ~ 10 from any motive whatever.
Now II these plain views correct V follows that
The opinion Il tho Attorney General IL wrong both 10
policy and principle Ti"rs can lie no legal North or
south There Il but Union, whose author
/ is the seine on both bi <. OF the Potomac. Offend
~. ARE individual States. There are Rebels, buI
no Rebo. political soyeicigulies-no Rebel bodies
polite
Tho existence OF @ bcecrsnt power was fact-e
legal fact We have dealt With &c M fset In no h. I
lance bGyo treated !, as body polite. We have
removed 1t BY o kiLdr'd free. In destroying the
lgen We Ia, restored tho authority of the United
Setoi wherever Il resisted or overthrown Can II
be said In this view thet the unconditional protection
ava ded 10 the soldier to "ks home end there 70
msin undsturoe." 10 void north OF line % latitude
hat ~. the words Il tie convention which make
home in Maryland and oLtrcky inpossibci Is II
as sered that Maryland party to the belseren
power f,frnd 10 by the snpreu1e Court
Certanly not, In iegal sense was Virginia or;
yorh Carolina 1t was arms--a force capable OF resist
ing the iaxs-n was oil force which constituted the
(.'bogerenL 1t wos treated by this and by every
other government IL had territorial mits no civil
hrc,ions no legal cxistelce. 1t Sss body o. armed
mon gathered from all parts OF the country. Those
~ho Joined this body from Kentucky did not make
home" e!ses here when they took up arms against he
Cnon SO Gen. Graut and the late aDruted President
'cpncudcJ for tho soldiers 81 "tAe Northern Army "
Virginia Us they designated wero sent, each o
his home, ia Maryland Kentucky. Missouri. and
Tennessee.
The capitalization did not enlarge the legal authority
of the United States IL simply dispersed band Of men
who had resisted tae execution OF that authority bot
North and South Of the Potomac Why hon say that the
soldiers ho surrendered shs not he permitted 10 return
TO their homes moth Of that rveri Is wise 70 marx
out geographical line and hold account on
ouc sido II II and release them the -heri Can We
afford In the moment Of triumph. and when peace and
concord become cherished objects Of all good men, to
draw an arbitrary line the country and inlet
the penalties Of treason one side Of u and upon
the other. more guilty. comparative exemption,
Bst,a,r., ma. April So 1863