New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-04-26
|STAIUS OF THE PAAOLED PRISONERS
They have 10 Homes" in the Loyal States
LEES ARMY ONLY COMPRISED IN THE TERMS
Rebel Uniforms Not to be Worn in Washington
Official.
WAI DEPARTMENT.
ADJUTANT GENERALS OFFICE.
-, .....,,.. I'LL ~ IS,T

The attention of al Commanders OF Military
Divisions. Departments. Districts DeachHentf, anu
Posts is drawn 10 the annexed opinion OF the Attorney
General, which they will observe and regulate their
ATIor.El GENERALS OrTicr,
Hon EDWIN NJ. STANTON. lste,a0,y Of Uer:
SIR have the honor to ackno|ledge ihe reeeiPl "
your letter of the 22d of April In II you az me 'r
questions. growing out Of tie cGpGiaiioA mace oe'Wla
Gen Crnni If the United States army, and Gen. Lee
the Rebel army.
You ask, Fhs, Whether Rebel officers WHO once
resided in the city Of Washington ana Wep' 10 VIZ
cN MA or elsewhere IN tie South. and topA service e
cnrn TO tie city under the siipuations al the capu
|lation, and reside here M their home:' So 49,,
S,cord Whether persons who resided In asDlhgtoh
hont the time the rebellion broke out left the city aud
went 10 Richmond. where they have adhered 10 tnr
Rebel cause entered into the civil service or o'heFVse
yrn 1, their support comfort ard aid can return W
washington since the clpulatiou OF Con Lees army
and the capture Of Richmond and reside here uhder
The terms Of the capitulaion .c
Tg;,d Yon state that since the cspirlntion Of Gen
ees amy Rebel officers have appeared IN puDnc III
The loya States wearing the Rebel uniforms nnd you
ask whether such conduct is not ilesh act OF ho.t'!
on their part to the United States. 'ubiectng them 70
be dealt will avowed enemies of the Government
our otter is accompanied with copy OF the terms
% capiuaiion entered into bc"ixt UeAs' 'r"' ANU
Lee. l, Is as follows. -,
Rolls Of al! the officers end men TO De made In dupi
cato. ops CODY To- De given 10 officer ccgnated Dy
me- the other 10 be retained by such o'eer or once'
designate.
ydaal PAL oes to take arms against The G4'erncn'
of tie United States until properly eIchats Alu oa'
l company or regimontsl commander sign IKE paroh
for the men Of their commands; me sfin' mts sn:
turned over to tie officers appointed D! NE V"sh-
IGranO TO receive them. This will not embrace the
,de arms IL tho officers. their private horses OF
baggage. Til, done each officer and m,n WI be al
tlowsd 10 return 10 their homes not to be dsthfOeu
Inv United States authority ~ long ~ thcy opscne
tier parole and the laws IN force "hef' t"'! "' "
lside," .,.,.,...,.
In giving construction 10 these articles Of esptu
1latop We must consider In nat cGpasAy zen nihhl
Iwss speaking. lie. of course, spoke by me aAlloI!
kol the President OF he nited states as 'onhhue
Ia, Chief az the armies Of the United states. IL must
Inc pre.uren hat be had no auihJiiy ron u. iies
Ident except such tho ,c,- ~ N-''' '''''
Igiye 10 u military officer.
The President performs two functions Of the Govern
ment; ore civil the other military. As President Of
the United States and it, cyl head h. possesses the
pardoning power President OF the Untcd states DO
lis Commando rim Chief Of tho armies OF lie United
States aud IL The head o! IFS boeercut power. His
rover 70 pardon civil masi'trate cannot he dele
gated 1t j. personal trns usepaTsby connected with
The Office Of President Az Comm aldcf in Chief of the
armies Of the Ugsd Slaes he has OF necessity to dele
gate a vast amount o. lovcr. Regarding Gen. Grant
then. purely ~ Is'hisiy oNo'r' and That he was
tspeasiSg 20 QUE fe.s''ns ~ si.ep' oe't
Ih-o.er,s with whom he insting The stipulation let
Us CON shs rsiefson OF the H!st question winch
Il be obser,.t ih tie question is no. o. to the
scxc1t Of ihc pJseT that to PeiGent ~ Commander
En-Chef q tie sImrs yoss:ssst !; j. not whether ne
a. CO'lnandeT-lD CA~! u TIE ARMIES OF Inc nit"d
Sta,cs could grant I0oe, by vr.ue ~ his military
Iauihori;g to Rebes 20 to and reside IN loyal COM
fmuniies-comnunilies lhat bad not been IN rebellion
Vagainst the Government OF the United states but the
is whether by and under The terms Of the stpu
Elations he has granted such perinssions
/ In the cases IN . Black. commonly called he Prize
the Supreme Court Of the Untod States decided
That the Rebel. were beihgerents. that this no
loose unorgsnized nsureciion without defined bound
ary hut that 1t bad boundsfy marked by INES oi bay
ouets which only be crossed by force; that south
OF that line is enemys territory. because claimed Gnd
held by an organized hostile and beligercnt power
that al persons residing within thai territory must be
treated o. eD.iies though not foreigners and 1t is
well settled that all persons going there without license.
pesdng the hOsiilties or remaining there after hOsl
HE. CONNIE need must be regarded and treated resi-
dents OF that territory IL iol9"s nS matter of
course that residents 0f the territory IA rebellion can
not be- regarded having ZONES IN the loyal States
4 mans home and his residence cannot be distinct
h one frou fhe other The KcJels dealt with by
Cen Grant as bc.gerentS. A. bclligeTeuts their
homes were II necessity ~ the territory bcgercnt to-
the Gov eminent Of the United States. The officers and
soldiers Of Cen Locs army, then. who had homes por
10 the Rebellion in the Northern States took up tleir
residences wit in tho Rebel States and abandoned their
homes In the loya States ard whcn Gen. Grant gave
permsson to tlem by stipulation. 'o retnr to their
homes It cannot Dc understood ~ permission 10 re-
turn 10 any part OF the loyal States
That was a captuation OF surrender. and not truce
yattc LAYS il down that: p. an During the truce
especially If made for long period. II u naturally
allowable for enemies pass and rcpass Ia ard from
each others county la the same manner "a Is allowed
In time of peace since all hOstliiics suspended
but each Of the sOycregns 10 ~ liberty rs Le would bel
time Of peace 20 ADOPT every pfeehutDh when mhy
he necessary 10 prevent this intercourse from becoming
preludeia 10 him. lie has just grounds Of suspicion
against people with whom be ~ soon 10 recoDncnce
hostiities lie declare n the tine OF making
he truce that he viii admit none OF The enemy into
any place under his jurisdiciion.
"1hOsc who baylu, entered the eneinys territories
dnrng the truce are detained there by Sickness or ans
other uneurm0untabe obstacle and thus happen 10
ma in the country after the expiration OF Tie sfms
oe may, ia strict Justice. be kept pI.soaesi II is 81
accident which ho might have foreseen, ard 70 which
they have OF their own accord exposed themselves br
humanity and generosity commonly require that the,
should be- allow ed sufficient term iDr thcr departure
IF The articles oftruee contain any conditions either
more extensive narrowly restrictive than what
have here laid down the transaction becomes par
tcuar oony entiOD. 1t is obligatory on the contracting
parties who bound to observe what they have prom
sed In due form and the obligations thence resulting
constitute d conventional night
Now II The rights OF enemies. during long truce and
pension Of hofihtics are thu- Icstcfed, would
seem evident that their rights under captuaiion OF
surrender without any suspension OF hostiies could
not without express words inthe stipulation 10 thai
effect be anything ike large under truce and
L. suspension Of hostlliiics.
Regarding Gen Grant then ~ speaking simply as~
soldier and with the powers Of soldier regarding lh's
war as territorial and all persons within lhat
territory residents thereof and, SUCH enemies Of
the Governments and looking TO The language Of the
am OF opinion that the Rebel officers VINO
surrendered 10 Gen. Grant have homes within thc
loyal States, and have right 10 come 10 places which
were their homes prior 10 their going into the Rebellion
H. A. to your second questionable stipulation OF
surrender made betwIt Gene. Grant and Lee docs not
embrace any persons other than officers and soldiers OF
Gen Lees army Persons IN the ciyil service OF the
Rebellion. who had otherwise given 1t support com
fort and aid and were residents OF the Rebel territory
ainy have no RICH. TO TO Washington under
TINT stipulation.
III. As to the third queston-my answer TO the first |
is q complete answer TO this.
Rebel officer, certainly have M right to bc wearing |
their uniforms in any Of the loyal States 1t seems to