The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-02
PLEA OF sEMMEs TIE PIRATE.

stems BSuRrendeF-AeP PrOcosds TO Argue
HS Case, ana EnIignto" the PFeSi-
dent ON tOInts Of Military Aad Own
Law,
IOur Washington dispatches, q few days since,
mentioned the reception BY President johnson
ot q maniiesto or protest against the imprison-
ment or trial of Raphael Semme5 The com.
plebe document Il now before u.s. and we give 1t
entire. 1t is in Semmes' own handwriting, and
Is Cot up with great care. Whatever It's intrinsic
value may be, It is worth puttn{ on record as a
To His EXcellency Andrew johnson, Presl-
dent oil the United States.-S Sir Being satisfied
that you are anxious to arrive at a correct deci.
sion of my case--one that shall accord, at the
same time, with the honor and dignity OF the
United States, ana with justice to mYselt-l ven
ture to address you the following brief eXposi-
ton of the law and the facts of the case.
On the 26th DAY OF April 1865, the following
military convention was entered into at Green's
boro N. G between General Joseph e. John
Eton, commanding the Confederate States Army
in NOrh Carolina, and Major General W. L.
Sherman, commanding the Unitcu states Army
in the same State, W.T.
All acts of war ON the part Of tho troops under
Genera Jolnstols command 10 cease fir IN ihIs date
M arms and pub lc proJ erY 70 be deposited at
GREENSBORO and delivered TO an ordnance officer OF
3. hoIs Of ali the officers and men to be made in
duplicate, copy TO be retained by tho commander
of he troops and the other be Siyen to Ofic
to be desIgnat, by General sherman Each officer
and man 10 i've hIs sindvldua obioation, in writing,
not 10 take up o. ms AGAINST the Government of the
United states until properly released from this OBJ
hgahon.
horses and baggage, to be retained by them.
&. This being done, al the officers and men wi be
permitted to return to their homes, not 10 be dis
turbed Dy the United States au holties so long as
they observe their obligation and tho avs in iOrce
IslSned5 W D SHERMAN Major.General
Commanding y ; Fo,ces in hortn Carolina,
tSienedl JOS D. JOHNSTON General
Commanding G s, Forces iD North Carolina.
Here, MIR. President, was a lemn military
convention entered into by two Generals, who
had opposing armies IN the field IN which con-
Ventlon the one ana the other General stipulated
Ior certain terms; General Johnston agreeing to
lay down his arms and disband his forces, and
General Sherman agreeing. .1 consideration
thereof, that the forces thus disbandel shall pro-
coed to their homes, ana there remain untis
turbed by the United States authorities. beg
you to observe the use OF the word ''unds-
tui bed, one OF the most comprehensive words
In our language.
pray you also to remark the formalities with
which this convention was dra @n. We were
treated as officers commanding armies, repre-
senting of course. il not dc jaIe, at least
Ge JGCtO Government Our proper m ,litary titles
were acknowledged. | was myself styled and
treated in the muster-rons, and other papers
drawn up by both parties, brigader-general
and q rear-admiral. The honors OF war usual
upon surrenders upon terms were accorded to
us, IN our being permitted to retain our SIDE
arms, private horses, and baggage.
In short, the future historian, upon reading
this convention, will be unable 10 distinguish it
in any particular from other similar paOers
agreed upon by armies o. recognized Govern
ments. At the date of, and some weeks prior TO
the ratification OF this convention, commanded
br gade OF artillery, forming part OF the
army of General Johnston. l was, OF course,
included in the terms Of che convention; 1
received from General Johnston, by turning
over my arms to the proper officer, and
disbanding my forces. The convention was ap.
proved by the Government OF the United States.
Your EXcellency may recollect that the first con-
ventlon entered into between General Johnston
and General Sherman, which provided, among
other things, for the return OF the Southern
States TO their functions under the Constitution
of the United States, was dlsapproved by the
Government on the ground that General Sher
man, in undertaking to treat OF political matters,
had transcribed his authority. The armistice
which had been declared between the two
armies was dissolved, and hostllities were re-
neWed
A few days afterwards, however, new negotia-
. tions were commenced, and the convention with
which we have to do, was the second convention
entered into by those Generals; and which was a
substantial readoptlon of the military portion OF
the first convention. 1t was this latter conven-
tion which was formally approved, both by
General Grant, the Commandern-Chief under
whose orders General Sherman acted, and by the
Executive at Washington.
Contiding i'll the good faith of the Govern
ment pledged in solemn treaty as above
STATED, returned t. my home in Alabama, and
remained there for the space OF seven months,
engaging in civil pursuits as q means of iveli'
hood for my dependent family, and yielding a
ready obedience to the laws. had, IN fact,
become an officer of the law, having established
myself as an attorney. 1t would have been
easy Tor me, at any time within these seven
months to pass out of the country, If had had
any doubt about the binding obligation OF the
Greensboro Convention, or OF the good faith
OF the Government.
But had no doubt on either point nor have
any doubt yet, as feel quite sure that when you
shall have informed yoursen of all the facts o
the case you will come to the conclusion that
my arrest was entirely without warrant, and
order my discharge. While thus remaining
quietly at my home in the belief that 1 was
mot to be disturbed by the United States
authorities" was, on the 10Th day of Deoem
ber, 1866, in the night time, arrested by
Corps, under an order signed by the
Secretary Of the Navy, and placed under guard
a file of soldiers in the meantime surrounding
my house. was informed by the officer making
the arIests that was to proceed to Washington
in his custody, there to answer to a charge 9
copy of which he handed me. This charee, ant
the protest which filed next day with the Com
manding General of the Department of Alabama
against my arrest, your EXcellency has already
seen. The question for you then to decide, Mr.
President is the legality Of this arrest.
Can |, in violation Of the terms of the military
convention already referred to, ami under
which laid down my arms, be held to answer
for any act OF war committed anterior 10 the
date of that convention? respectfully submit
that / cannot be SO held, either during the con
tinuance of the war (and the political power hai
not vet proclaimed the war ended) or after the
war shall have been brought to close by pro
clamation, and the restoration of the writ o
habeas corpus, without hagrant violation o
faith on the part OF the United States.
If IT be admitted that might be tried for am
act dehoYs the war, and having no connection
with IT, as for instance for forgery, 1t is We