The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-02-28
NOS.

S1e prominent rebels were personally present at
ice invasion of Maryland and Pennsylvania, but !.
all nearly all of them received military pdroles
upon the surrender of the rebel armies. Whilst
think that these paroles are not HtAeute protec-
ton from proceedings for high treason, have
thought that it would be yioation Of the paroles
to prosecute those persons for crimes before the
political power of the government has proclaimed
that the rebellion has been suppressed" which
proclamation the said Gee need not inform the
Court has never been issued
The fact of q state of war existing over the ter
ritory in rebellion being expressly stated in the
] same opinion, these paroles cannot be revoked, If
at all. before such proclamation of peace has been
issued, or martial law discontinued, and the said
Gee further says that by the customs of war g
parole is held sacred by all civilized nations
That in the hands of this Court rests the sacred
honor of the United States, which this Court IL
bound to and will respect, deciding in the words
of their oath, according to their consciences,
the best of their understanding, and the custom
of war in like cases." And of this custom of war
this Court, composed Of military men, is bound
to judge. fgs
And the said Gee begs to call the attention Of
the Court that one Wrtz, recently tried by a NIL
itary Commission at Washington, was not thus q
paroled prisoner of war, and that the obstacle
which exists to this trial did not exist his case;
and further that Jefferson Davis and others, mem
bers of the rebel Cabinet, and civil officers Of the
rebel government, are not thus paroled, nor un-
de- such protection, they not being included in
the terms of the surrender of the insurgent
: armies. q
Wherefore, the said John II. Gee respectfully
requests that this Count will decline to exercise
jurisdiction in his case; and will regard his state
ment aforesaid, and his parole annexed, as a bar
to his trial Or that, if any doubts exist whether
said parole is full protection, that the matter
ton, as he is informed and believes that the Lieu
tenant General Commanding the armies of the
United States and other of the high officers there
Of, regard paroled prisoners of war as protected
by these paroles from trial and molestatiOn.
And for further reasons he says, that by the
laws OF nations, IT is held as part of the funda-
mental law OF nations and of war, that as every
commander necessarily has power of agreeing
to the conditions on which the enemy admits his
surrender the engagements entered into by him
for saving his life or liberty, with that of his men,
are valid, made within the limits of his powers,
and his sovereign cannot dnfsM HeR," (see Vat
teps Law of Nations, book Sd, chapter g. section
151.) s "a
The laws of nations are a part of the
Constitution of the United States, Qst Kent's
Commentaries, PIP l, and q &c.-Opinion Of At
torney General of the United States, on the trial
of the assassins of President Lincoln,) and the
power to parole captured prisoners of war has
been exercised by the General commanding the
armies of the United States, and recognized by
the government without question during the re-
belliOn.
And the said John r. Gee further says, that, on
the 26th day of April, 1866 military convention
was entered into at Benefits house, near Dur
hams Station, N. c., between Gen. J. E. john
ston, commanding the so-called Confederate army,
| United States armyin North Carolina, which Con-
vention resulted in terms of capitulation and sur
render on the part OF all the troops under Gen.
Johnston's command: the terms of which are in
the words and figures following:
COPY
Terms of Military Convention, entered into,
this seth day of April, 1866 at Benefits House,
| near Durhams Station, N. c., between General
! j. E. johnson, commanding the Confederate
army and Major General w. T. Sherman,
commanding the United States army, in North
| Carolina
| l. All acts of war on the part of the troops un-
| der Gen. Johnston's command, to cease from
| this date. ~
IT. All arms and public property to be deposit
| ed at Greensboro and delivered to an ordnance
officer of the United States army. -,
Ill Rolls of the officers and men to be made
in duplicate; one copy to be retained by the
commander of the troops and the other to be
! given to an officer, to be designate, by General
Sherman Each officer and man to give his in
divdual obligation in writing not to take up arms
| against the government of the United States,
until properly released from this obligation.
~ The side arms of officers and their pri-
yate horses and baggage to be retained by them.
v. This being done, all the officers and men
| will be permitted to return to their homes, not
|
so long as they observe their obligations and the
laws in force where they reside.
(Signed) j. E. JOHNSTON, Gen.
| Commanding forces In N. e.,
@ W. T.. SHERMAN, Maj. Gen.
Commanding u s. forces in N. @.
And the said John H. Gee says that he was
Major in the said Confederate States army, and
in that portion of it known as the 11th regiment
! of Infantry, and was under the command, on the
Ist day of May, 1865, of Brig. Gen B. D. Fry, and
that he the said Brig. Gen. Fry, and he, the said
John H. Gee, did form part of the troops under
Gen. Johnston's command; and that he was in
cluded in the surrender ofthe said Gen. Johnston,
to Gen. Sherman, and that, in accordance with the
stipulation of the said terms OF surrender, be, the
said John II. Gee, was at the head quarters, at
Augusta Ga, on the LIST day of May, 1855, pa
rolled. And, in accordance with the terms of
said surrender, and especially of the 9Th section
thereof, he was permitted to return to his home,
which was at the town of Quincy, in the State of
Florida, of which place he had been continuous
citizen and resident and where his home was for
more than twelve years, preceding the date Of
said surrender. And that on the 18th day Of
May, 1865, in accordance with the General Or
ders' from headquarters Of the United States
forces, Tallahassee, Florida, he was again parOled
by the officers of the United States, and that be
did, and has faithfully observed his said paroles,
and never violated the same, and has Oheyed the
laws of the United States both civil and military,
/ which he was bound to do. And he shows here
! othe Court the original paroles and copy OF
the terms OF said surrender. vs ,s,-sls
And he further says, that by the laws ofnations,
which are part of the Constitution of the United
States, and BY the honor and faith of the General
Commanding the armies of the United States
and more especially by the 5th section Of the
! terms OF said surrender, he is shielded and pro
tected from any trial, such as is here attempted
and is not to be disturcd by the United States
authorities, long as he observes the obligations
in his parole aforesaid, and the laws in forcs
where. nc resides, - 49, I
.fi L &hol