Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-05-31
Assistant Adj Jutant General
Major General W. T. snERHAS, g
Commanding Military Division Mississippi.
HEApqrARrrR. NIL. DIV. o. rnF Ml.s. /

HEADarARrERs NIL. DIV. OF THE Mrss.
wAsHISgroS, D. G.. May %, ls85.
COtoEHLi ! had the honor TO receive your let.
ter Of May q last evening aud hasten to an
| swer. wish TO precede II by renewing that
| assurance Of my entire confidence and respect
for the President and nsutenant 0ensrai Grant,
and that In all matters l will bo most willing To
shape my oalelAl and private conduct to suit
their wishes. The past Is bcyond my control,
aud the matters embraced In the Official report to
which you refer are hnished. IL Is bat Just ths
reasons that actuAted me, right or wrong, should
stand Of record but In all future eases, should
any arise, I will respect the decision OF General
Grant, though ! think II wrong. suppOsing a
guard has prisoners In charge, and officers Of
another command should aim to rescue or kill
them, II II not clear the guard must defend the
prisonersY Same " safe guard.
50 Jealous l. the military law TO project eai'
maintain 1DOd Idih when pledged. .tSttho law
adj Judges death anh-Dhftttrnatiye punishment to
QPa,lglfVf0lAtes = safe guard In foreign parts.
tsee Article Of War No. 81 } For murder, arson,
treason and the highest military crimes, the pun
ishment prescribed by law Il death or some minor
punishment; but for the violation Of n safe guard
death and death alone, l. the prescribed penalty.
instance this to illustrate how, In military Hupn
lations TO an enemy, our Government commands
and enforccs "0DOd OtHh' In discussing this
matter I would like to refer TO many writer's
on military law, but am willing 10 take Hal
leck as the text. (Scc his chapter, No. Y.
In tho very first article he prafaoes that. good
IIith should always be observed between cne-
niles In war, because when our faith has been
plkdgad TO him, 80 far ~ the promise extends, he
ceases tO be an CnCmy - He then defines the
meaning of C0mpacts and conventions, and say
they are made sometimes for a general or par
tai suspcnsion Of hostiiitios forthe surrender Of
au army, &c. They may be special, limited To
particular places, or to particular forces, but OF
course can only bind the armies subject 10 The
general who makes the truce, and cOeXtenslNe
only with the extent Of hls command.
This j. all | over claimed, aud clearly covers
the whole case. All " North Carolina was in
my immediate command, with General Schoheld,
it, Department commander, aud his army, pres
cnt with me- never asked the truce TO have
effect beyond my own territorial command. Ueh.
IIAllcck, himself In his orders No. !, defines his
owl limits clearly enough, namely, such part
Of North Carolina as was not occupied by the
command Of Major Gcueral Sherman. ~ lie
could not pursue aud cut OF JOhnstOn's retreat
toward salisbury and Charlotte without invading
my command, and so patent Was hi. purpose TO
thIg aud ufDiTiis my truce that Mr.. stanton =
publication Of the fact, not even yet recalled,
modified, or explained, was headed "ShsrWdn \
Truce DiSrcDTrdsd:' that the whole world
drew but Que inference. II admits Of no other.
I never claimed that the truce bound General
IIalleck or Candy within the sphere of their rc.
spectiyc commands as defined by themselves, 1t
was partial truce Of very short duration,
clearly within my limits aud right, justified by
events aud as In the case Of prisoners IN my GUS
tndy, or the violation II safeguard giyeu by inc
in my own territorial limits, ] was bound to
maintain "good faith
pTefor not to change my report but again
repeat that In all future eases am willing TO be
governed by the Interpretation Of uenerAl Grant,
although again invite his attention to the limits
" my command aud those II Geucral llallcck at
the time, aud the pointed phrRseolOgy Of Gcneral
llAlleck y dispatch ~ MI. Stanton, wherein hr
reports that he had ordered his generals to pay
no heed 10 myOrtisrs within the clearly .dchncd
area nG my command
am, Se.,
W T SugRNAN,
MainF GaupFal Commanding.