Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-04-25

from their obligation"
l. "The side arms of officers and their
private horses and baggage to be retained
by them"
.. This being done, AL OFFICERS
AND MEN WILL BE PERMITTED TO RE-
TURN TO THEIR HOMES, NOT To BE Dis
TUEBED BY THE UNITED STATES
AUTHORITIES so LONG AS THEY OBSERVE
THEIR OBLIGATIONS AND THE LAWS IN
FORCE where they may reside"
Possibly the Judge did not have this
paper before him, and formed his Opin-
ion from IN examination Of Gen. Rock
ER's parole-instTument merely. Weinfer
this from his statement Of the scope Of
the terms of the capituIation as he styles
it, instead of a Matary contention for
the termination Of the war as it actually
was for we say distinctly there was no
| capitUlation, real or technical, Of JOHN
sTON's army, but simply an agreement to
cease al acts Of lrGr.n And this is q
legitimate distinction that appears
to be ignored in the course OF
the the Judges opinion. Referring
TO the letter Of the Convention, he viii
observe, in article 3, last paragraph, it
was stipulated that each officer and
soldier should give "his obligation IN
Writagg not to take up arms against the
United States etc. That is the condi-
ton precedent on the part Of The COnfed-
crate troops Of that army which being
done" the federal authorities promise
article SHAT they shall be permitted to
20 to their homes and remain there un-
disturbed and unmolested 10y the federal
authorities, so long as they observe their
obligations and OJey The laws in force
where they reside.
Thus a clear contract was made be-
tween two parties who Judge TRTGG adj
mits had an unquestionable right to
make it at the time.
The learned Judge, however, goes Oh
to say ia substance the object of the coll
vention was 10 work the most speedy
end possible to a gigantic, extremely dis
astrous civil war; hence the authorities
Of the United States assented as he
thinks, to let our troops lay down their
arms, desist from that war, (which was
above all the contamination devOutly
wished by their adversary, go
home and remain uumolested, upon
stated conditions, SO long merely as there
was a state Of war-sO long as the civil
authority was not thoroughly re-estab-
lished in the vicinage OF the place of resi-
dence Of these Confederates-when that
immunity from m~elestation should cease,
and each and every Confederate like
Gen. RUCKER should be liable to
the most veXatiOus, costly Of mOlesta-
tions-that Of arrest and trial for
high treason. Now we ask in all
candOr, If such a construction Of
the SHERyIAN-JOHNsTON Convention
does not make it a cheat, such as IS with
outparallel. Now we nassure the Judge
and lie refers to the intention Of the par
ties to the Instrument that 40 one on
either side at Greensboro took that view
Of the Convention, as we know person.
ally, but all regarded il rs explicitly
giving full immunity 10 all of
that army thereafter; full immunity
from civil molestatiou, and this we say
without hesiLancy was the specific pur-
pose Of Gen. SHERMAN, in which con-
neyion we may add that the terms in
question had been determined at Wash
iugton and sent him, through Gen.
GRANT personally at Raleigh.
We are unable to seize the distinction
which the Judge draws between an act
of the President done by virtue Of his
functions a. COmmander-in-Chie and
one which resides in him as Chief Mag
istrate invested with the sovereignty Of
the State. And We submit that while
every act ofthe President may not be due
20 his powers As Commauder-iu-Chief yet
every act Of his appertaining to that
side Of his august position is by virtue
solely Of his inyestiture with the
sovereign or chief executive pow
ers Of the State. Sovereignty-as a
legal friend concisely defines its the
combined right and power 20 legislate, to
adjudge and % execute, for the preserva-
ton aud well being OF the political-or
national-and individual existence. In
military matters though the special
name Of " commander Is chief " may be
applied to the chief magistrate yet after
all he acts no less as the chief executive
Of his nationality than in civil or diplo-
matte affairs; and no legitimate distinc-
ton can be drawn which viii justify the
attempt on his part, at any time, 70 set
aside, as civil magistrate that which he
sanctioned, much less did as the military
commander in chief in a time Of wari
On this proposition we confidently rely
and feel assured the present Executive
viii assert no such extraordinary claim
We have fun right to assume this
from abundant evidence. Gen. LEE was
indicted at Norfolk, for high treason, by
an ignOble grand jury, found facile
enough for such an outrage at the
prompting of, doubtless, the notorious
Judge UNDERWOOD. As soon as this
came to the notice Of Gen. GRANT
and the President, the District-Attorney
ofthe United States was ordered toll.
quash the Indictment forthwith aud dis
discontinue proceedings. And we state
what we know, that that Indictment was
regarded by Gen. GRANT AS a violation
OF the terms Of his agreement with
our great soldier, which would
affect his, Gen. GRANTS, personal
honor if permitted, as well as the honor
ofhis nation. Recently we have had the
OF Gen. BRADLEY JOHNSON, which
all must remember, that fally shows
not only tie view OF Gen. GRANT touch
ing the force or effect OF the Conyen-
ton under which Gen. RUCB1ER, as
well az BRADLEY JOHNsON, took his
parole, bat also the views Of tie Presi-
dent
If Gen. RUCKER can be arrested and
made 10 give heavy bonds for treason, as
siredly So may Gems LEE JOHNSTON
aud BEAUREGARB and every other
Confederate officer and soldier not
amnesued. And It is this view Of the
legal effect OF this decision that has
impelled US 70 notice il at this length,
as We can imagine no subject Of more
vital immediate concern 10 a large num- !
Der Of our readers, than one which in
50 many Of them in nothing less
than amenabiity TO arrest and arraign- j
ment for the highest crime known to s
a., F,w-a an sf. .-HasFv,a,f <
OF heavy costs and great embarrass-