New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-07-14

gstons, facts and sentiments npoo tue pnohc
matters which from tine TO tine have come unuer
vcur review think that n your issue OF me "d i"St
ne leader entitled "BFrrEg OWE IT uP,' upon the
yp status Of the prisoners PEroied by Gen NT"h' an"
Sthers, embraces a miseoneeglion concerning pO'a'
q fact ask place in your daily FOR th' auemf' "
sont oct tie niscoac, ption consider It, aud TO
siys ry reasons come forward under my own name
Skr reason which win presently sppear.
Isrote vour language; 1--WE 90 not suppose there IS
NV d,,ep. or aemu- anon Intelligent prsons to what
vs have stated We know no toninal OF any chshc'ef
AAt disputes them though several may haze seemeu
% do So while wandering TO ignorance aha popular
.assiou." Here think, is your niscoacsphon-ahoa
srsas ore Why nast the silence of journals ana o.
Intelligent persons BE- dee peeessariy :" their agree
usnt With you respecting the status Of those prisoners
"a not rather to the circumstance that the gronuds
81 SsaSr.ent are. 10 their minds SO patent anu COZ"
s.usive that nothing need be said about iheaf Lei me
state two Of these grounds, specifically:
First. There is the OFFICIAL DECISION Of the Attor'
ssyGenersl of the United States, which conceived
- DO aosd against you in your own issue Of Ap %
you will 6ni this Official copy OF the terms oil "en
Iee's surrender conspcucusly announced. and a'tsr
SAsm the DECISION, IN the words fclowing'
"I In dining construction 10 these art Of c,ri'n'
tssion We must CONSIDER IN what esIacitl cen rran.
va speaking. lie. IT course spoke 10y tne Nu'noi':
Il the President OF the Unlted states as VoihIau''
fn(,bief of The armie. Il the United STATES II must
s. presumed that lie Lad authority irvm the ftesi,
Sent except such AS tie ComHahoo' in-N"''' 0o'
eive to military officer. A..
"Ii. The President performs two functions OF the
eovsrnnent: one civil the Other nlhIaly. AS IIes'
lsnt ofihe United STATES be Is comm nasr ad ~
Selbgerent power. His power TO paroon. ss ciVii
magistrate cspnot be delegated; " IS pc rsnha trus
kseparably connected with the Once Oh rsSoou'
A mo- r int hief of the grnlies al tue Oh'u
States be has Of necessity to deie.ae Vast amour, oi
BOW err Regarding Gel. Grant, ten purely ~ MIN
L. ofcer ana thst ne Was spe king ore possessing
10 power except beiigereni, ana eohsiarr,nS Ia' &
b Re well know to the beleerents "'ih whom Dc was
making the stipulation let ls come 10 LIE
Il tie first QGestlOn, &c, &C.
Nov. sr can YOU not conceive that, when "infeih
gent persons" read In yoar paper Attorney Gen.
Speeds exposition OF the ndanesa! ep to the eject
At the power to pardon could be delegated by 1hs
Hrrsdent bat must be exercised 10 perso'-thnt mil
Ary power alone could be delegated TO Gen. Grant
md thst the purely military character In which the
iaassr coni alone. act was ptent to the other oehe
srents sneh uteln cent persons vouii, Of course De
sent provided .Leir assent to the doctrine thus pro-
rngated BY the Government was distinct ana ei9af'
Ysav bv sae Gorernment; for 1t the Head Of The
War Departroeat to whom this Official opinion was ad'
Aressed aud that Head that directed It's pnb'ca
uou or allowed il. knowing that 1t would DO accepted
- decision OF the question on the pa o. tue "o'erh'
uent Can you conceive that the very silence oil
ne persons and journals referred to may be proof OF
sAeir finding noting adverse 70 their views Of tie
matter In these views Of tie Attorney -Geuerali
Go not fan to notice your contrary opinion IN the
bsader referred to. and your re son for H. VIZ
nat the Government has not ALREADY arrested the
traitors. But tbis-athoush somethihg-h"s a force
,sr.ly copjectnra and the fact i.sei may easily 10
oeive Other explanations.
II the Ike principles OF interpret alton which you sp
NV 10 your pr;ih quotation Of Gen. Lees articles
capitalization s. ould he applied ei'hont pa taiity u
your ow Ian uage IN TIE leader before me. tie corc'
den must De- you we're cocnsant OF the oini"h
Attosn+y. Ceneral Speed (of Which, however. know
no rtmaton n any tice Of your Sriung) you do d"
eonsidcr him Intelligent pe-son.' fossoy more
ever his opinion may have prompted. In part you
Ssel,ag depreciation Of any attempt by tie Govern
pent 10 vregle ont Of the plain intent aud eject
Oen Grants langua &c; but reader Ia ohiged Il
spppose from any expression Of yours tDat the Attor
sey.Gepei ais opinion within your knowledge.
Ihaye spokcn Of your partia! qaot1ion Of Gen. Leet
Articles Of capulation The qnotation Is 80 partial
% exclude al except the last sentence, ard. thereby. u
neglect the connection with tina; precedent sentence
which is the KEY and pnnistakable exponent Of the
whole In italics and capt. Is you set the w.rd moi
y diuxrb,d UNITED states ArTEohfrEs 90 long "a
x, ob.,yve ,ir psro,e' &c but you I'll ow not e,er
Sisn Roman those characteristic words Which Gen
Grant STAMPED upon mis- cered terms in the outset, u
tadcse ard their merely Hilary character viz
TAe ose,s 10 cir. dor iadpidgsl paro' not TO TAEF
CP ARMS GNNsT THB GoyEE'nzNr OF TIRE CNnEi
BATS UNTIL FRO EsLY KxCIA GED aud saes eomPan,
~ veSimentai commander ssn like paroie er tae
AA<ir TGRds."
This ala me to the secord reason WHY the silence n
~furnals q character" and Of intelligent persona
Tot 10 De conceived If In the significance you ascrbe
~ il They that IL Its very face the Transaction.
tsken all together purpOrts u be Ordinary military
surre ier which took ooetfince Of the NnIrender
Tag Rebels crininsls. but only as prisoners, and
&tich accordingly proceeds upon the usual presunlp
kon of their ,sinq exchanged at future time, IA
taking up anew. Caa yon not conceive that pub
he journals Notwithstanding their well Learned charsc
ser and persons notwithstanding their intelligence.
might hesitate to reoeiveDay. might utterly eschew
srch version Of Gep. Grants artcis So would subject
aim 10 the imptatIon OF laving bestowed On amnesty
without requiring snbnission-to the perpetual dis
grsee o. having himself proposed that the enemy might
soatinne in anirrs aud OF rebellion while
seiving release from the consequences Of their past
Reasonable coadGcti
But sir LET 70 the point OF fact directly For
Shis publication give you responsible name. and
which Is has been known 70 you live in q city you
sercese studded With nst tious that resored to
~ the fountains Of intelligence Among ourselves We
10 not lack for at least proficient IN and author
spon National Law. You have bis work. ard sokno~i-
edge 1t as standard. Our headquarters Of law In
sruction are also occupied BY known both to civil
and political life former Governor Of Connecticut
end Judge Of highest Court give you truthful
Information when say that these distinguished men