The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-04-28
The Paroled Prisoners Important
Decisions Of fAttorney General Speed
nv 10 the Status Of the PnroIed Rebel
ORcers OF Lees Army.
WAR DEPARTMENT, }
ADJUTANT GENERALS OFFICE, ,
W, ,crrrNcrnN Anril OA

military divisions, departments, districts,
detachments, and posts, is drawn to the
annexed opinion of the Attorney Gener-
al, which they will observe, and regulate
their action in accordance Herewith:
ATTORNEY GENERALS OFFICE,
April "a
Hon. t. IL Stanton. Secretary Of Var.
SIR: Ihave the honor to acknowledge
the receipt of your letter of the 22d of
April In it you ask me three questions,
growing out of the capitulation made
between General Grant, of the United
States Army, and General Lee, of the
rebel army.
You ask-Eirst, whether the rebel Of.
ficers who once resided in tho city Of
Washington, and went to Virginia, or
elsewhere in the South, and took service,
can return to the city under the stipula-
tions of the capitulation, and reside
there as their honest
Second Whether persons who resided
i'll Washington about the time the re
bellion broke out, left the city and went
to Richmond, where they have adhered
to the rebel cause. entered into the civil
service, or otherwise given it their sup
port. comfort, and aid, can return to
Washington since the capitulation of
General Lees army and the capture OF
Richmond. and reside here under the
terms of the capitulation
Third. You state that since the capitu'
latiOn of General Lees army. rebel officers
have appeared in public in the loyal
States. wearing the rebel uniform and
you ask whether such conduct is not
a fresh act of hostility, on their part, to
the United States, subjecting them to be
dealt with as avOwed enemies Of the gov
ernment.
Your letter is accompanied with copy
of the terms of capitulation entered into
betwixt Generals Grant and Lee. II is
as follows:
Rolls of all the officers and men to be
made in duplicate; one copy to be given
to an officer designated by me, the other
to be retained by such officer or officers
as you may designate. The officers to
give their individual paroles not to take
arms against the government Of the Uni
ted States until properly exchanged. and
each company or regimental commander
sign like parole for the men Of their
commands The arms, artillery. and
public property to be packed and stack
ed, and turned over to the officers ap'
pointed by me General Grant, to receive
them. This will not embrance the side
arms of the officers, nor their private
horses or baggage This done, each Off
Ger and man will be allowed to return to
their homes, not to be disturbed by the
United States authority so long as they
observe their parole and the laws in force
where they may reside"
In giving construction to these articles
of capitulation, We must consider in
what capacity General Grant was speak.
ing He, Of con- se, spoke by the author.
ity of the President Of the United States
1t must be presumed that he had no au.
thority from the President, except such
as the Commander-in Chief could give to
a military officer
The President performs two functions
of the government-one civil, the other
military. As President of the United
States, and its civil head, he possesses
| the pardoning power; as President Of the
| United States he is commander-iD-chief
of the armies of the United
| States, and is the head of its belligsr.
ent power. His pewer to pardon as Q
civil magistrate cannot be delegated; it
| Is a personal trust inssparably connect.
ed with the Office of President. AZ com
mander-in-chief of the armies Of the
| United States he has power Of necessity
| to delegate q vast amount Of power. Re
| garding General Grant, then, purely as a
military officer, and that he was speaking
as one possessing no power except bel.
| ligerent, and considering the fact to be
well known to the belligerents with
whom he was making the stipulation,
| let MS come to the consideration Of the
| first question which you have PROFOUND.
ed. II must be observed that the ques-
| ton is not as to the extent Of the power,
| that the President as commander-in-
chief of the armies possesses; il Is not
| whether he, as cominander-in-chief OF
the armies of the United States, could
grant parole by virtue of his military su-
thority, to rebels to 60 to aud reside in
loyal communities - communities that
| had not been in rebellion against the
| government of the United States but the
question is whether, by and under the
terms Of the stipulations, he has granted
such permissions. In the cases in 2
Black, commonly called the Prize Cases,
| the Supreme Court of the United States
decided the rebels were belligerents; that
this was no loose, unorganized insurrec.
ton, without defined boundary, but that
| it had boundary, marked by lines o1
bayouets, which can only be crossed BY
force, that south of that line is enemy's
territory, because claimed and held by
an organised hostile and belligsrenf
power; that al persons residing within
that territory must be treated ss enc
mics, though not foreigners and 1t is vel
settled that all person. going there with