Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-05-06

The parole which was given to the officers and
men Of the Army Of Northern Virgins. by Gen
GIANT. stated that they had permission to go &c
their homes, and there remain undisturbed. snC
the same terms were extended to the army OF
Gen JoE JoHssroS. Nov the attorney genera
of the United States has officially construed thi,
parole, granted By Gen. GIANT, to exclude any
persons having il from any RICH, to a home north
of the Potomac, on the ground that the United
States Supreme Court had determined that The
rebel force constituted what ia called a "bellig
%erent,r"
la The New York Tribune. al Monday. We
End the following examination OF the position
assumed by the attorney general Of the United
States on this question:
The authority OF General Grant to execute the
convention with General Lee is not questioned
nor is the parole itself declared void in the hands
of the soldier. but IL determined that when held
By such soldier north OF n given line il is inope-
rsrive, giving TO the bearer no legal protection
The policy which dictated the convention is too
obvious to be questioned, IL was TO so distribute
and scstter the tebel force as 10 render their CO
operation hereafter next TO impossible. The re
bellion vas considered st an end, and uncailed
for liberslity was extended to the men even TO
the extent of being ermittcd TO take with them
TO their "homes" their horses and other private
effects. What was REGARDED as their "homes' is
sufficiently explained by the fact that General
Grant ordered transportation tor them. Tor IN
stance. to Maryland. Kentucky and Missouri.
Is will be seen that the capituiation did not re
cognizs at ell q legal sccession-a north or a
south. but one common union. General Grant,
nevertheless, treated With a '.beliigereut" power,
not of this state or that. not even OF the south,
the moth. the east or the west. but one composed
of persons who bad united To resist the execution
of the authority oi the United States at any and
all points. The deci-ion of the supreme court
simply afirms the fsct OF the existence OF this
power. It did not undertake to define its terri
tory or rs civil Jurisdiction and authority. IL
vas declared 10 be a line OF bayonets--the exist
ence OF = force which was designated a belli
gerent." This force, in point OF fact, held Ger
tain territories or places. at times even 10 Mary
land and Pennsylvania. but II never held then
BY virtue OF any legal suth0rty. IL was iorct
against Law. IL VAS successful resistance To TOE
Law. So President Johnson distinctly hfhf ms
when he declared that the states of the south
have never been legally separated from the
union.
cannot perceive. indeed. how IL Is possible to
question the Justice OF this conclusion. N the
states of the south. By their osn acts, could lie
gally withdraw from the union. then u war
policy. not principle, which demanded, on out
part. their sunic CATION 60 the authority OF the
United States. 1t they we're out OF the fedsr
al compact. IL Is because they had the legal
right 10 secede. for surely We are not per United
20 SAY they we're expelled ny rs from any mo
tive whatever.
Now. if these plain views are correct. il fol
lows that the opinion of the attorney general is
wrong both in policy and principle. There can
be no legal north or south. There Is but one
..AN- - al. -
b,th banks OF the Potomac. Offenders are IN
d~iviiusls not states. There are rebels. but no
rebel ~polilicsi sovercignties-no rebel bottles
polite.
The existence OF q helligerent power ~ss =
fsct-s legal fact. We have dwell, With it IS
fact. In no instance have ~e treated IL ~ a
body polite. We hare removed il BY : kindred
force. In destroying the belligerent re have
restored the authority OF the United States
wherever il was resisted or overthrow. Cen 10
be said. Ia this view that the unconditors al pro
section awarded to the soldier 10 go 20 bis home
aud there remain undisturbed, Is void north of
n line OF latitudsf What are the words Of the
convention which make a "home" 10 MARYLAND
and kentucky impossible7 IL il answered. that
Maryland was no party 20 the belligerent power
referred TO by the supreme COURT
Certainly DOT. nor N a legal sense Was Vir-
ginia or North Csrolia. IL vas arms force
CtPtutc " Ic.FbfS Tue taNs-t Sbc Nj AOitt
which eoussitn,ed the '5eiligerent" II was 80
treated BY this and by every other government
IL had no territorial ! nis. no civil fenctious. no
legal existence. IL Was a BODY OF armed men
gathered from all parts OF the country. Those
who joined the body from Kentucky did not
make home" clseshere when they took Up
arms against he union. SO General Grant and
the late lamented president concluded. for he
soldiers Of 1.-The Northern Army OF Virgins. /"
ss they we're designated. we're sent. each co ..hls
home in Maryland. Kentucky. Missouri and
Tennessee.
The captuiarion did Dot enlarge the legal au-
thority Of the United States. Il simply dispersed
a band of men sho had rested the execution OF
that authority. both north and south of the TO
tomae. Why. then. cay that tue soldiers Who
surrendered shall not be permitted 20 return TO
their homes north Of that riverf IL 10 wise to
mark out q geographical line and TO bold men to
account on one aide 81 10 and release them on the