The Van Buren press., 1866-03-03
What is the Real Meaing?
War Dept. Adj't Gems Otiice, Wash. Jan Il
General Orders, No. 3.

! il suits and penalties in late rebellious States.
Military Division and Department Com
manders whose commands embrace or are
composed of any of the rebelliOus States. and
who have not already done so, will at once Is
sue and enforce orders, protecting from pros
ecution or suits in the States. or Municipal
Courts of such States, all officers and soldiers
of the armies of the United States. and all
persons thereto attached. or in any wise there
to belonging, subject to military authority,
charged with offences for acts done I'm their
nlitd,y capacity or pursuant to orders froni
proper military authority and to protect from
suit or prosecution, ell loyal citizens, or per-
sons charged with offences done against the
rebei forces, directly or indirectly. during the
existence Of the rebellion, and all persons. their
agents or employees. charged with the Occu
pancy of abandoned lands or plantations. or
/ the possession or custody of any kind Ofprop-
crty whatever, who occupied, used or possess
Sed or controlled the same. pursuant to the or
der of the President or any of the Civil or
Military Departments of the Government,
and to protect them from any penalties or
damages that may have been, or may be pro-
nOunced or adjudged in said Courts, in any of
Sucn cases: and also protecting colored per-
sons from prosecutions in any Of said States
charged with offences for which white persons
are not prosecuted or punished in TIE same
manner and degree.
| BY command of Lieut.. Gen. Grant:
| +. ID. TOWNSEND. Asst. Idjt. Gen.
| We cannot say much in commentator of
the construction of the above order. so far as
its rording is concerned 1t is certainly very
loosely expressed and as is always the ease slls
ccptibe ofmany constructions and interprcta-
tions. This is peculiarly unfortunate at this
time because there are so many restless spirits
ready to warp law and order to make
them suit, their netarious designs. Many
have construed this order in such manner as
TO make it protect any and every scOundrel
from prosecution, who can prove, by any
means, no matter what, that lie has been loyal
to the United States Government during the
late war. No rational man ever supposed or
i thought that Gen. GIANT supposed or thought
loyal men might not be dishonest men. A
man may have never lifted his hand against
his government, and yet may be a notorious
house-burner or horse thief. We may then
safely conclude that Gen. Grant, did not in
tend to make "loyalty" good plea in bar of
all prosecutions. The heading" Of the order
forbidS this construction, and gives its true
meaning and intent.
1t is" to protect loyal persons against i'm
proper civil SUITS &c. What would be an
improper civil suit? Certainly. if man. en-
t tirely unconnected with the army. and acting
on his own responsibility. and impellcd by the
desire of gain, should steal a horse. or rob a
, house. belonging toa person in sympathy with
the South, it wouldnot be "mpropcr' for that
!: southern man to sue that thief or robbcr for
damages; nor would it be "impropcr' for
, the Grand Jury to find a true bill of indict-
ment against him.. the aforesaid thief how
ever loyal he may be. The order protects the
officers. soldiers and attaches of the Federal
, army from suits or prosecutions for any
offences committed by them in their mtlita,y
capacity. or pursuant to orders from proper
military authority" Herein it is particularly
and emphatically stated that these persons
must be acting in their military capacity, and
not only under orders from military authori-
ty, but from proper" military authority.
Persons subject to military authority, are not
supposed to have a will Of their own but for
the sake of discipline, are required to obey
orders like machines Hence they are
not presumed to have the " dpimus," the intent
which is essential in order to constitute a
crime in the eye of the law Therefore it
,oorld be " improper" to make them amenable
for acts committed, pursuant to orders cman-
ating from proper military authority.
In the second place, the order protects all
"loyal citizens or persons, charged with often
ces done against the rebel forces. directly or
indirectly, y,during the eristence ofthe rebellion"
Again persons having control of or occupy
ing abandoned lands shall be protected from
trespass suits, provided they acted pursuant
to the order of the President or any of the
civil or military departments of the govern
ment,' &c. &c. Inevery instance they must
have acted under orders from proper authori-
ty. The last clause of the order Is so amhig-
uouSly worded as to be easily susceptible of
erroneous interpretations. This is protecting
colored persons strom prosecution in any ofsad
"(rcbellious) states charged with offences for
which white persons are not prosecuted or
punished in the same manner and degree." Now
it we could. bring ourselves to believe that
Gen. Grant, is like Sumner, and believes the
negro can do no wrong and ought not
to be punished for any acts committed in
the South against his former masters