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Richmond Whig. [volume] (Richmond, Va.) 1862-1865, April 28, 1865, Image 1

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A large number of r*tagees from the insurrectionary
Stated a; present in Wfghington cal cd upon President
Johnson Monday morning, and through Judge Under
wood presented him an address. The President was ev
idently profoundly moved by this demonstration on the
part of those who, like himself had personally expe
rienced the devilish atrocity of the rebellion and had
been r ibbed of their property and driven from their
.* homes fjr their loyalty to the constitution and th- in
tegr ty and existjnee of the nation.
A* soon as a i whom the room would avesmodate had
entered Judge Unde .wood. <T Virginia, stepped tor
ward and said
Mr. President—The gentlemen who come with me to
pay their respects to tie Chief Magistrate of the nation
are far the most part “vilea from the South—exile* for
their devotion to the Union and tlie constitution, in ded
ance of ttr its ami per ecution of the uliveholding arts
locracy. Your re'ent utterances have stirred our spirits
I it>? the sot-d of a trumpet and encouraged the hope
that we any ere long in safety visit our desolated (arms,
-ad rebuild our hou-. s in the sunny Booth. We hsve
no feelings • ut those of kmdnevs foi the common people
of our *>• : oa—even for those who, by physical or inoral
compui-lou, or by gross deception, have been ariayed in
arm-- ag linst the"cover.nment. We would not say. with
Joshua ct old, “Every one whe rebels shall be pit to
death but woe to the wicked leaders who. though baf
tied, are ni ther humbled nor subdued, whose arrogance
and treason are as dangerous to us and to the country
as ever. We thank you for declaring that these great
rimina s must be punished. The'treat Author of na
ture and providence decrees that those who sow the
wind «hall reap the whirlwind. We know that we can
not go home in safety while traitors, whose hands are
still dripp:ng with the warm blood of our martyred
brothers, remain defiant and unpunished. It is
folly to give gugar plums tigers and hyenas. It is
more than folly to talk of clemency and mercy to these
worse thaa Catilines, for clemency and mercy to them
is cruelty and murder to the innocent and unborn. If
General Jackson had punished the treason of Calhoun
we should not have witnessed this rebellion. If the
guilty leaders of this rebellion shall be properly punish
ed. oar children's children will not be comi-elled to look
anon another like it for generations. By the blood of
— or our martyred President, by the agonies of our starved
and mutilated prisoners, by the ten^ of thousands slain
in battle, and the desolations of home and country, and
all the waste of life and treasure for the last four years,
with no feelings of revenge, but in sincerest sorrow, we
pray that your administration may be both a terror to
evildoers and a protection to all who pursue the paths
of peace. And while we mourn and lament our great
anc good and murdered chief, too kind and too indnl
gent, we fear, for these stormy times, we thank God for
the belief that, knowing the character of the leaders of
the rebellion as yon do. yon will so deal with them that
our whol • country will be an asylum for the oppressed
of every -reed aud every clime—the home ol peace !
freedom, indue.cy, education and ro'.igiun— a light and
an example to the nations of the v. hole ei »h down «
Ling, bright and beneficent future.
The President then made th? fo'lowing reply —
it is hard y necessary for me on this occasion to sav
' hat my sympathies and impulses in connection witL
this nefarious rebellion beat in unism with yours.
Those who have passed through this bitter ordeal, and
who participated in it to a grest extent, are mare conne
tent, as I think, to judge and determine the true policy
which should be pursued. (Applause.) I have but little
to sty on this question in response to what has been said.
It enan nates and expresses my own feelings to the full
est extent I and in much better language than 1 can at
the present moment summon to my aid. The most
that I can say is that, entering upon the duties
that have devolved upon me under circumstances that
are perilous and responsible, and being thrown into the
position 1 now occupy unexpectedly, in consequence of
the sad event, the heinous assassination which has
taken place—in view of all that is before me and the
circumstances that surround me— I cannot but feel that
your encouragement and kindness are pecuhatly accep
table and appropriate. Ido not think you, who have
_ been familiar with my course—you who are from the
South—de -m it necessary for me to make any professions
as to the future on this occasion nor to express what
my course will be upon questions that may arise. If ray
pa-t life is no indication > f what my future will be. my
professions were both worthless and empty; and in re
turning you my sincere thanks for this encoursgemeat
and sympathy, I can only reiterate what I have said be
fore, and, in part what has just been read As tar as
clemency and mercy are concerned, and the proper ex
ercise of the pardoning power, I think I understand the
nature and character of the latter. In the exercise of
clemency and mercy that pardoning power should be
exercised with caution I do not give utterance to my
op-moos on this point in any spirit of revenge or unkind
feelings. Mercy and clemency have been pretty large
ingredients in my compound, having been the Kxccutive
of a -State, and thereby placed in a position in which it
was nec-ssary to exercise clemency and mercy. I have
oeen charged with going too far, being too lenient, and
have become satisfied that mercy without justice is a
crim * and that wh**n mercy and clemency are e.xer
tired b^ti? Kxccutive it should always be done in view
of justice, and in that manner alone is properly ex
«- is-*d th it great prerogative- Tne time has come,
at yo i who have had to drink this bitter cun are
fully aware, when the American Deople should l»e
mah* to understand the trie nature of crime—of
—i n • generally Our people hare a high understand
in;, as well as of the necessity for its punishment
b f: in th» catalog te of crimes there is one and that
♦ he highest known to the .aw and the onstitution,
of which, since the days of Jefferson and Aaron Hnrr,
the/have become oblivious. Tliatie—treason. Indeed,
one who has b«co ne distinguished in treason, and in
this rebel don said that “when traitors become numerous
enough treason becomes respectable, and to become a
tailor was to constitute a portion of the aristocracy
of taecountry.” God protect tb9 people against such
an ari.stocra-y. Yes, the time has come when the
<~ people should be taught to understand the length and
nreidth. the d-p h aud height of treason. An indi
vidual accupymg the highest position among us was
u'tiJ to that position by the free offering of the Ameri
can pe >pl*~ tae highwt position on the habitable globe.
This man we have seen, revered and lov-d—one who,
if he erred a: all, erred ever on the side of clemency
aal m >rcv. That man we have seen treason strike,
thr inch a fitting instrument, and we have tebeld him
fall like a bright star falling from its sphere. Now,
the-e is non" but would say, if the question came up,
what should be done with the individual who as-aa^
•mated the Chief Magistrate of the nation—he is hot a
mu—one man. af’or all; but if asked what should be
done with the assassin wfcat should be the pen-Jty, the , ■
orfeit exacted1 I know what re ponse dwells in evcrv
bosom. It is. that he ahonld p iv the forfeit with
his life. And hence we see there are times when
itiercy and clemency, without j'l-me be- ome a crime.
1'he one should temper the other, ud brine about that
proper mean. And if we would - «y this wnen the ca--e
was the simple murder of one man by his fellow man,
what should we say when asked what shall lie done
with him or them or those who have raised impions
hands to take away the life o! a nation composed of
thirty million? of people 1 What would be the reply to
that question • But while in m ••cy we remember jus
tice, in the language that has been uttered 1 say. jus
tice towaids the leaders, the con-s ousieade:s. but I also
say amnesty, conciliation, clem.uyy and mercy to the
thousands of our countrymen v om yon and I know
have been deceived or driven into ’his infernal rebellion.
And so I return to where 1 started troin, and again re
peat, that it is time onr people were taught to know
that treason is a crime, not a mer» political difference,
not a mere contest between two parties, in which one
succeeded and the other lias sirapl/ failed. They must
know it is treason: for if they had ucceeded the ie ol
the nation would have been reft !rom it—the Union
would have been destroyed. Surely the constitution
sufficiently defines treason, it eov-ts in levying w ar
against the United Si it< < and in y ing their enemies
’nid rnd comfort. With thn deti on it requires the
exercise of no great acumen to ascet i i who are traitors,
it requires no great perception to tel is whq have levied
war ngai st the United Beales; nor loan it require any
great stretch of reasoning to .iscert..: who has given aid
to the cn-in e i of the United states, : olwfenthe gov
ernment of the United States docs as tain who are the
conscious and intelligent traitors, th- enalty and the
forfeit should be mil. (Applause.) ’ I now bow to ap
preciate the condition ol being driver trom one’s home.
I can ay mpathi/.e with hi a whose a:t has been taken
from bin -w ill him wh > t a < been denied the place that
gave his children birth. Bnt let ns with il, in the resto
ration of true gover ment, proceed temperately and
dispassionately, and hope and' pray that tne time will
come, as I believe, when all can return and remain at
onr homes, and treason and traitors be driven from our
land—(applause)—alien again law and order shall
reign, and the banner of our c onntry be unfurled over
every inch of territory within the area of the Unite!
State?. (*pp!aus<\) la c inclusion. let rne thank you
most profoundly for this encouragement and mnules
tatien of jonr regard and respect, and assure yon that
I can give no greater assurance regarding the settle
ment of this question than that 1 intend to discharge
my duty, and in that way whieh shall, in the earliest
pO?sib'e 1 our, bring back peace to our detracted coun
try. And I hope the time is not far distant when our
people can all return to their homes and tiresidcs and
resume their various avocations.
AnjtTT vNT Gen.'s Office.
Washington. April 24. 1865. )
No. 73. S
The attention of ail Commanders of Military Divi
sions, Departments, Districts, Dcta-hneruj and Posts, is
drawn to the annexed opinion of the Attorney General
which will they observe, and regulate their action in ac.
oordance therewith :
Attokney Geneeai.’s Office J
April 22, 1866. )
Hon. EdwinM. Stanton,
.Secretary of War.
Cm 1 liaro fha 'winnr fn ai'IrnntrLitiro f V.a iNmaint /.f
your le ter of the 22d of April. In it you ask me three
questions, growing out of the capitulation made betwixt
(Jen. Grant, of the United States Army, and Gen. Lee. of
the rebel si my.
Yon ask, Fust. Whether rebolofflcerswhonncere-i
ded In the city of Washington, and went to Virginia,
or elsewhere in the South, and took service, can re
turn to the city under the stipulations of capitulation,
and reside here as tneir homes ?
Second. Whether pesrom who resided in Washi&gton
about th» time the rebellion broke out. left the city and
went to Richmond where they have adhered to the rebel
canse entered into the civil service, or otherwise given
it their support, comfort, and aid, can return to Wash
ington since the capitulation ol General Lee's army,
and the capture of Richmond, and leride here unde,
the terms of the capitulation 1
Third You stite that, since the capitulation of Gen.
Lee’s army, rebel officers have appeared in public in the
loyal States, wearing the rebel uuiform. and you ask
whether such conduct is not a fresh act of hosti ity, on
their part, to the United States, subjecting them "to be
dealt wi h as avowed enemies of the Government?
Your letter is accompanied with a copy of the terms
of capitulation entered into betwixt Gecerals Grant and
Lee. It is as follows:
4 Rolls of all the officers and men to be made in d i
plicate; one copy to be given to an officer designated by
me, the other to be retained lysuch officer or officers
as you may designate. The officers to give their indiv 1
ual paroles not to take up aims against the Government
of the United .states until properly exchanged. And -a h
company or regimental commander sign a like parole
for the men of their commands. The arms, art.l
lery, and public property to be parked and stacked,
and turned over to the officers appointed by me,
(Gen. Grant) to receive them. This will notea trice the
side aims of the officers, nor their private horses or bag
gage This dons, each officer and man will be allowed
to return to their homes, not to be disturbe by United
Stat- s authority sj long as they observe their par >le and
the laws in force where they may reside."
I.—In giving construction to "these articles of capitu
lation, we must consider in what capacity Gen. Grant
was speaking. He, of course, spoke by the authority of
the President of the Un ted Spates, as Commander-in
Chief o. the Armies of the United States. It must be
presumed that 1 e had no authority from the President,
except such as the Commander-in-Ohief could give to a
military officer.
The President performs two functions of the Govern
ment—one civil, the other mil tary. As President of the '
United States anc its civil head he possesses the pnrdon*
ing power; as President of the United States he is Com
mander-in-Chief of the Annies of the United States, and
is the head of its bellllgerent power. Hie power to par
don as a civil magistrate Cannot be delegated; it hi a
personal trust, inseparably connected with the office of
President. As Comraander-in-Chief of the Armies of
the United States, he has of necessity, to delegate a vast
amount of power. Regarding General Grant then purely
as a m ilitary officer and that he was speaking as one
p use sing no power except belligerent, and consi ering
that fact to b- well known to the beligereots with whom
he was making the »ipolation. Let us come to the
toisideration of the first question which you hav** pro
It must be observed that the question .« not as to the
•stent of the power that the President, as Commander
n-Chief of the armies, poa-esses; it is not whether he.
te Commander in-Chief of the Arur'es of the United
■states, could grant parole by virtue of his military
authority, to rebels to go to, and reside in, loyal r -nimu
nities—communities that had not been in rebellion
against the Government of the I.mted States but the
quest on is whether by. and under the terms of the
stipulations, lie h i* granted such permissions.
In the cases in 2 lllack, commonly called the Prize
Cases, the*Supreme Court of the United States derided
that the rebels wero belligerents; that this was no
loose, unorganized in-urrection, without defined
boundary, but that it had a boundary marked by lines
of bayonets, which can only lie crossed by force
that south of that line is enemy's territory, because
claimed and held by an organized hostile and belligerent
power; that all persons residing within that territory must
be treated as enemies, though tot foreigners; an,l it
is a ell settled 1 ha', all persons going there without licpn-e
pending the hostilities, or remaining thtre after hostili
ties commenced, must be regarded and treated as res .
dents of that territory. It follows, as a matter of course,
that resiuwits of the’territory in rebe'lion cannot be re
garded as having homes in the loyal States. A man's
home and his residence cannot be distinct the one from
the other. The rebels were dealt with by General Grant
as b lligereuts. As belligerents, their Lome* were of ne
■ er- ity in the tei iitory belligerent to the Government of
fhe United States. The officers and soldiers of General
Lee's ai my then, who had homes, prior to the rebellion,
in the Northern State*, took up their residences within
the rebel States, and abandoned tLe.r homes in the loyal
States; and when General Grant gave permission to
them, by the stipulation, to return to their homes, itcan
not be understood as a permission to return to any part
of .the loyal States.
That was o capitulation ol sturender, not a truce.
Vattel lavs it down that [p. 4)1] • During the trn e es*
ecially if made fur a long period, it is naturally allowa
ble for enemies to pa»s and repass to and from each other's
country, in the s ,me manner s“ it is allowed in time of
peace, since all hostilities are now -impended. Kut each
of the sovereigns is at libeity, as he would be in time of
peace, to adopt every precaution which maybe neces
sary to prevent this’intercourse Irom becoming prejudi
dal to him. He has just grounds of suspicion against
peop'e with whom lie is soon to recommence hosti.ities.
He may even declare, at the time ol making the truce,
that he will admit none of the enemy into any place un
der his jurisdiction.
“Those who having entered the enemy's territories
di.r.ng the truce, are detained there by sickness, or any
other unsurmountable obstacle, and thus happen to re
main in the country after the expiration of the armis
tice, may, in Mrict justice, be kept prisoners, it is an
accident which they might have foreseen, and to which
toey have, of their own accorl, exposed themseNes; but
humanity and generosity commonly require that they
should be allowed a sufficient turn fir their depart
“If the articles ol trn e contain any conditions either
more extendve or more narrowly re«tri tivs than what
we have here laid down, the transaction become* a par
tii ular (onvention. It is ob igatory on the contract
ing parties, who are bound to observe what they have
promised in <!■•• form: and the obligations thence re
sulting consti ute a conv.-ational right."
Now if 'he righ's of eicraie.i, during a Ion-; truce and
suspension of hostilities, are tins restricted, it would
* . in evident that thalr righ.-i under a capitulation of
surrender, without any suspension of hostilities, con'd
not w ithout express words in the stipulation to that
effect he anything like as large as under a truce and
gii'penGon ol hostilities.
Itegarding General Grant, then, as speak.ng simply as
a soldier, and with the powers of a soldier: regarding
territory as residents thereof, and. as such, esemies of the
Government and looking to the language of the stipu
lation. I ain of opinion that the rel e. • fficers who mrren
u-ied to General Grant have no homes within the loyal
States, and have to right to come to places which were
their home-1 pr or to their going into the rebellion.
II. —As to your second question—The stipulation of
surrender made betwixt Generals Grant and Lee does
not embrace any persons other than the oilier rs and sol
d ers of lien -ral Lee's army. Persona in the dvil service
01 the rebellion or who had otherwise given it support,
comfort and aid and were residents of the rebel territo
ry. certainly have no right to return to Washington snder
that stipulation.
III. —As to the third qn»st'on—Jfy answer to the first
is a complete answer to this.
Rebel officers cer aiuly have no right to be wearing
their uniforms in any ot the loyal States. It seems to
me, tiiat such officers having done wrong in coming
into the loyal State-, are but adding insult to injury in
wearing their uniforms. They have as much right to
bear the traitors' flag through the streets of a loyal
city, as to wear a traitors' garb. The stipulation of sur
render permi s no such thing, and the wearing of such
uniform is an act of hostility against the Government.
Very respectfully, your obedient servant
J AMES SPEED Attorney General.
W. A. MCH0L8,
Assistant Adjutant General.
Assistant Adjutant General.
135 Bread street, RlchmoLd.
S'ght Drafts sold ou New York, Philadelph.a «r.d Eal
Collections made in any part of the United States.
aD 23—dim.__•
jLx Market G'urden on the Hrook
Tarupike. one und uhiilf mile* nor.h
ol Lor rent.-The above Cottage
Rrsulence is for re t for the balance of the year, to a
careful tenant with a small family. The Cottage has
four rooms .besides kitchen, smoke house, dairy, well of
aater Ac. Attached to it is an excellent garden well
enclosed, containing about thirty acres, and a beautiful
oak grove ot seveial acres. The place is remarkably
healthy and beautifully situated.
Apply at my residen re before 9 o clock A. SL, or after
* o'clock P. w- GODDIN
ap28 —2t____
UN —f-3 f et front a d »ifl d-ep; fronting on 2tth
itre»d, iu thi vicinity of Union Stiti i.u Chorch (Union
H l!.; For particular* apply to no on Main, between 26th
Ranking ourselves among those who—no matter what
tieir former political opinions—are now willing to re
ceive cordially and honorably the arbitrament of war
believing sincerely that by the inscrutable workings o
an over-ruling Providence, the dreadful tempest o f
strife and desolation which has swept over us daring the
past fonr years was bnt the harbinger of a jhirer and
brighter day than ever yet dawned upon oar b:lovetr
country, we feel it to be now the duty of every true pa
triot, easting a charitable veil over the irremediable
pis?, to bend all his energies to the pleasing ta-k no t
only of obliterating all traces of bv-gone differences,
but of immediately laying the foundation of present
aid future prosperity among up. We believe it to be
a duty we all owe to our common country—in th e
broadest acceptation of the term—to onr individua
State, to our families, and to the cause of humanity and
civilization throughout the world.
Firm in this 1 elief—impelled by the spirit of true brotb
erhood towards all our countrymen, whether of south
ern or northern origin, we purpose to issue a Daily pa
per under the above title of "The Rbpcbiic," and bear
ing the significant motto "No North ni^oath no East .
noWest—Out Whole Country.” The very selection ol
this name and m itto will, we trust, abundantly fore
shadow the principles by which we are determined to b
guided. While we yield to no one in love and veneration
for onr dear old State of Virginia, we do not and nevet
did fee! that • ir love and veneratf >n should be limited
to the n ere petty confines of State lines.
We intend to make of “ The Republic" a urst-clao
daily newspaper, containing all the latest news, native
and foreign, sustained by an able corps of Reporters, and
by Editorial ability of the first order. It will be a i fv*
paper; not occnpying the safe bnt sulky and dubious
position of. a non-committalist, bat fearlessly and bon
estiy expressing its opinions; attacking the wrong and
defending the bight wherever we find them—whether
for or against Northern or Southern proclivities ,and
from the view not of what existed, bnt of what exists.
Entertaining no feeling of sectionalism ourselves, we
shall have no fear of either class of thinkers an harita
bly confounding our honesty of purpose with malevo
lence of intention. In short, onr effort will be to smooth
over the rude furrows of the past,—to maintain the dig
nity and true interests of our now undivided country,—
to do all we can towards moulding into one harmoniou a
ha> py, prosperous and fraternal roiult, tha restless and
donbting elements of discord yet surviving this horrible
oinvulsion: proud of the proofs of true greatness which
this war has develop© l in tiro former rival sections 0 !
the same nation, and rejoicing in the conspicuous fai
that, in spite of all the ind vidual suffering which tba t
war has inflicted. Northern and Southern brethren have
in four yean, beea brought together, been shown each
other’s merits and demerits been taught t j love and re
spect each other, in a manner that wou’d hav» been nt
teriy impossible during centuries of peue.\
To speed on the good work, now happily commenced
will be the effort of ‘ The Republic,” but to ensnrs suc
cess will much depend upon the aid that is accor icd to
onr earnest and well meant endeavcrs. All we can say
is, that if the support we obtain is at all in proportion t©
the zeal and hopefulness with which we lauvh onr
paper upon it* cireerof nreftilness. it will not b- long
in asst m;ng a foremost rank rmong ’he fonrosls of th
We exj e’t to issue onr first numLe .,n ©out Mon
day. the 6th May.
Onr office will be locat'd in Bosher’a Hall, sou.h wept
corner of Main and Ninth streets, where we have every
facility for undertaking JOB PRINTING upon any
from the largest play-bill to the smallest card. '•'
ap 27—lw_ J. W. LEWKLLFN.
wooi>: woou:
*tUU sale. It is about three miles from the Richmond
and Fredericksburg Railroad, at the first ro**dng be .
yond the Chickahominy.
3 stacks of nire Wheat Ftraw.
Apply through Richmond P. 0., or a: my re«.aea e on
Brook Turnpike. JOHN B. CRENSHAW.
apS8—d I w* _
NOTICE.—If tki* Should meet the eye of DAVID or
ELIZA 8C0TT. (colored.) who 1 ved when last beard
lrnm, near Old street Johnston's Mills, Petersbrr* Ya..
they will hear from their son. by addressing a letter to
Wm. H. Scott. U, 8. 8. •* Chippewa,” James Riv»*r. Va.
Any information of the above named parties will be
thankfully received by the undersigned.
On board IT. 8. P. Chippewa .fame# River. Va.
Peter burg papers plea-e cop;. ap - 3t*
NOTICE.—The subscribers will pay the highest mar
ket rales for
Also fur all kinds of *
Those having any of the above articles woo d uo wel 1
to call on the suberibers be o:e disposing of the -ame.
A .>111T11 A < O.,
ap28—6t* No. 199 Broad street, nea- E'b «tree
FOR KE.NTT.-Two nicely furnished r.OOMS
opening into each other with ga«, Ac A vrv in t* *
room, if required. Apply on 31 street betw-en Clay
and Leigh, fourth house from Clay, right ban; - le
ap28—at* ___ _
WOOD! WOO!*:—Persons de^rin.- to pm
chateWood can he supplied on anplierton o©
10th at eet and Basin Rank P H HAT.
ap 28—31*

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