184. The commander of an occupying army or advance of his attacking works as much so may require of the civil officers of the enemy, as from attacks by main force. and of its citizens, any pledge he may consider necessary for the safety or security of his army, and upon their failure to give it, he may arrest, confine or detain them. SECTION VIII. Armistice-Capitulation. 135. An armistice is the cessation of active hostilities for a period agreed upon between belligerents. It must be agreed upon in writing, and duly ratified by the highest authorities of the contending parties. 136. If an armistice be declared, without conditions, it extends no further than to require a total cessation of hostilities, along the front of both belligerents. If conditions be agreed upon, they should be clearly expressed, and must be rigidly adhered to by both parties. If either party violates any express condition, the armistice may be declared null and void by the other. 137. An armistice may be general, and valid for all points and lines of the belligerents; or special, that is, referring to certain troops or certain localities only. ་་ h But as there is a difference of opinion among martial jurists, whether the besieged have the right to repair breaches or to erect new works of defense within the place during an armistice, this point should be determined by express agreement between the parties. 144. So soon as a capitulation is signed, the capitulator has no right to demolish, destroy or injure the works, arms, stores or ammunition in his possession, during the time which elapses between the signing and the execution of the capitulation, unless otherwise stipulated in the same. 145. When an armistice is clearly broken by one of the parties, the other party is released from all obligation to observe it. 146. Prisoners, taken in the act of breaking an armistice, must be treated as prisoners of war, the officer alone being responsible who gives the order for such a violation of an armistice. The highest authority of the belligerent aggrieved may demand redress for the infraction of an armistice. 147. Belligerents sometimes conclude an armistice while their plenipotentiaries are met to discuss the conditions of a treaty of peace; but plenipotentiaries may meet without a prelimia definite nary armistice; in the latter case the war is ng which carried on without any abatement. on giv the armistice, SECTION IX. An armistice may be concluded time, or for an indefinite time, d either belligerent may resume host ing the notice agreed upon to th 138. The motives which induce other belligerent to conclude a whether it be expected to be preliminary to a treaty of peace, or to prepare during the armis- 148. The law of war does not allow proclaim tice for a more vigorous prosecution of the war, ing either an individual belongirgo the hostile does in no way affect the character of the armis- army, or a citizen, or a subject of the hostile tice itself. government, an outlaw, who may be slain with 139. An armistice is binding upon the bel-out trial by any captor, any more than the modligerents from the day of the agreed commence-ern law of peace allows such international outment; but the officers of the armies are responsible from the day only when they receive official information of its existence. 140. Commanding officers have the right to conclude armistices binding on the district over which their command extends, but such armistice is subject to the ratification of the superior authority, and ceases so soon as it is made known to the enemy that the armistice is not ratified, even if a certain time for the elapsing between giving notice of cessation and the resumption of hostilities should have been stipulated for. lawry; on the contrary, it abhors such outrage. The sternest retaliation should follow the murder committed in consequence of such proclamation, made by whatever authority. Civilized nations look with horror upon offers of rewards for the assassination of enemies, as relapses into barbarism. SECTION X. Insurrection-Civil War-Rebellion. 149. Insurrection is the rising of people in 141. It is incumbent upon the contracting arms against their government, or a portion of parties of an armistice to stipulate what intercourse of persons or traffic between the inhabitants of the territories occupied by the hostile armies shall be allowed, if any. If nothing is stipulated, the intercourse remains suspended, as during actual hostilities. 142. An armistice is not a partial or a temporary peace; it is only the suspension of military operations to the extent agreed upon by the parties. 148. When an armistice is concluded between a fortified place and the army besieging it, it is agreed by all the authorities on this subject that the besieger must cease all extension, perfection it, or against one or more of its laws, or against an officer or officers of the government. It may be confined to mere armed resistance, or it may have greater ends in view. 150. Civil war is war between two or more portions of a country or State, each contending for the mastery of the whole, and each claiming to be the legitimate government. The term is also sometimes applied to war of rebellion, when the rebellious provinces or portions of the State are contiguous to those containing the seat of government. 151. The term rebellion is applied to an insurrection of large extent, and is usually a war between the legitimate government of a country and portions or provinces of the same who seek to throw off their allegiance to it, and set up a government of their own. 152. When humanity induces the adoption of the rules of regular war toward rebels, whether the adoption is partial or entire, it does in no way whatever imply a partial or complete acknowledgment of their government, if they have set up one, or of them, as an independent or sovereign power. Neutrals have no right to make the adoption of the rules of war by the assailed government toward rebels the ground of their own acknowledgment of the revolted people as an independent power. fer, imprison or fine the revolted citizens who refuse to pledge themselves anew as citizens obedient to the law, and loyal to the government. Whether it is expedient to do so, and whether reliance can be placed upon such oaths, the commander or his government have the right to decide. 157. Armed or unarmed resistance by citizens of the United States against the lawful movements of their troops is levying war against the United States, and is therefore treason. GENERAL ORDERS, NO. 141. WAR DEPARTMENT, 153. Treating captured rebels as prisoners of war, exchanging them, concluding of cartels, capitulations or other warlike agreements with them; addressing officers of a rebel army by the rank they may have in the same; accepting flags of truce, or, on the other hand, proclaiming martial law in their territory, or levying The following Proclamation by the President war taxes or forced loans, or doing any other is published for the information and governact sanctioned or demanded by the law and ment of the Army and all concerned: usages of public war between sovereign belligerents, neither proves nor establishes an ac- "BY THE PRESIDENT OF THE UNITED STATES OF knowledgment of the rebellious people, or of the government which they may have erected, as a public or sovereign power. Nor does the adoption of the rules of war toward rebels imply an engagement with them extending beyond the limits of these rules. It is victory in the field that ends the strife and settles the future relations between the contending parties. 154. Treating, in the field, the rebellious enemy according to the laws and usages of war has never prevented the legitimate government from trying the leaders of the rebellion or chief rebels for high treason, and from treating them accordingly, unless they are included in a general amnesty. 155. All enemies in regular war are divided into two general classes; that is to say, into combatants and non-combatants, or unarmed citizens of the hostile government. The military commander of the legitimate government, in a war of rebellion, distinguishes between the loyal citizen in the revolted portion of the country and the disloyal citizen. The disloyal citizens may further be classified into those citizens known to sympathize with the rebellion, without positively aiding it, and those who, without taking up arms, give positive aid and comfort to the rebellious enemy, without being bodily forced thereto. AMERICA. "A PROCLAMATION. "WHEREAS, It has become necessary to call into service not only volunteers, but also portions of the militia of the States by draft, in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure and from giving aid and comfort in various ways to the insurrection. Now, therefore, be it ordered: "First. That during the existing insurrection, and as a necessary measure for suppressing the same, all rebels and insurgents, their aiders and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to rebels against the authority of the United States, shall be subject to martial law, and liable to trial and punishment by courts-martial or military commission. "Second. That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison or other place of confinement by any military authority, or by the sentence of any court-martial or military commission. "In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. "Done at the city of Washington, this twentyfourth day of September, in the year of 156. Common justice and plain expediency require that the military commander protect the manifestly loyal citizens, in revolted territories, against the hardships of the war as much as the common misfortune of all war admits. The commander will throw the burden of the war, as much as lies within his power, on the [L. s.] our Lord one thousand eight hundred and disloyal citizens of the revolted portion or province, subjecting them to a stricter police than the non-combatant enemies have to suffer in regular war; and if he deems it appropriate, or if his government demands of him that every citizen shall, by an oath of allegiance, or by some other manifest act, declare his fidelity to the legitimate government, he may expel, trans sixty-two, and of the Independence of the "By the President: "WILLIAM H. SEWARD, Secretary of State. "By order of the Secretary of War. "L. THOMAS, Adjutant General. "OFFICIAL." AFFIDAVITS ОР LOUIS J. WEICHMANN AND CAPT. G. W. DUTTON. COL. H. L. BURNETT, Judge Advocate, Cincinnati, | with John Wilkes Booth in the parlor. On the Ohio: Colonel I stated before the Commission, at Washington, that I commenced to board with Mrs. Surratt in November, 1864. As a general thing, I remained at home during the evenings, and, consequently, I heard many things which were then intended to blind me, but which now are as clear as daylight. The following facts, which have come to my recollection since the rendition of my testimony, may be of interest: AFFIDAVIT OF LOUIS J. WEICHMANN. I once asked Mrs. Surratt what her son John had to do with Dr. Mudd's farm; why he made himself an agent for Booth (she herself had told me that Booth desired to purchase Mudd's farm). Her reply was, that "Dr. Mudd and the people of Charles county had got tired of Booth, and that they had pushed him on John." Before the fourth of March, she was in the habit of remarking that "something was going to happen to old Abe which would prevent him from taking his seat; that Gen. Lee was going to execute a movement which would startle the whole world." What that movement was she never said. way down she was very lively and cheerful, taking the reins into her own hands several times, and urging on the steed. We halted once, and that was about three miles from Washington, when, observing that there were pickets along the road, she hailed an old farmer, and wanted to know if they would remain there all night. On being told that they were withdrawn at about eight o'clock in the evening, she said she "was glad to know it." On the return, I chanced to make some remark about Booth, stating that he appeared to be without employment, and asking her when he was going to act again. "Booth is done acting," she said, "and is going to New York very soon, never to return." Then turning round, she remarked: "Yes, and Booth is crazy on one subject, and I am going to give him a good scolding the next time I see him." What that "one subject" was, Mrs. Surratt never mentioned to me. She was very anxious to be at home at nine o'clock, saying that she had made an engagement with some gentleman who was to meet her at that hour. I asked her if it was Booth. She answered neither yes nor no. this glory into sadness." I asked her what she meant. She replied that after sunshine there was always a storm, and that the people were too proud and licentious, and that God would punish them. When about a mile from the city, and having from the top of a hill caught a view of WashA few days after, I asked her why John ington swimming in a flood of light, raising brought such men as Herold and Atzerodt to her hands, she said, "I am afraid all this rethe house, and associated with them? "O,joicing will be turned into mourning, and all John wishes to make use of them for his dirty work," was her reply. On my desiring to know what the dirty work was, she answered that "John wanted them to clean his horses." He had two at that time. And once, when she sent me to Brooks, the stabler, to inquire about her The gentleman whom she expected at nine son, she laughed, and remarked that "Brooks o'clock on her return, called. It was, as I afconsidered John Surratt, and Booth, and Her-terward ascertained, Booth's last visit to Mrs. old, and Atzerodt a party of young gamblers and sports, and that she wanted him to think so." Brooks has told me since the trial that such was actually the case, and that at one time he saw John H. Surratt with three one-hundred dollar notes in his possession. Surratt, and the third one on that day. She was alone with him for a few minutes in the parlor. I was in the dining room at the time, and as soon as I had taken tea, I repaired thither. Mrs. Surratt's former cheerfulness had left her. She was now very nervous, agitated and restless. On my asking her what was the matter, she replied that she was very nervous, and did not feel well. Then looking at me, she wanted to know which way the torchlight procession was going that we had seen on the On Good Friday I drove her into the country, Avenue. I remarked that it was a procession ignorant of her purpose and intentions.. We of the arsenal employees, who were going to started at about half-past two o'clock in the af- serenade the President. She said that she would ternoon. Before leaving, she had an interview | like to know, as she was very much interested When Richmond fell and Lee's army surrendered, when Washington was illuminated, Mrs. Surratt closed her home and wept. Her house was gloomy and cheerless. To use her own expression, it was "indicative of her feelings." in it. Her nervousness finally increased sc much that she chased myself and the young ladies who were making a great deal of muse and laughter, to our respective rooms. When the detectives came, at three o'clock the next morning, I ripped at her docr for permission to let them in. "For God's sake, let them come in! I expected the house to be searched," said she. When the detectives had gone, and when her daughter, almost frantic, cried out: In reply I have the brace a state that mỹ fuses required me se je oczstantly with the prisoners, sai faring a conversation with Dr. Mail on the Si of July, be confessed that he krew Boch when he came to his bouse with Herold on the morning after the assassination of the President: thas be lad known Booth for some time but was afraid to tell of his having been at his house in the 15th of April fearing that his own and the lives of his Sally voli be endangered thereby. He Oh. Ma! just think of that man's John W. also confessed that he was with Booth at the Booth) having been here an hour before the as- National Hotel on the evening referred to by sassination! I am afraid it will bring suspi- Welchmann in his testimony: that he came to cion upon us." Washington on that occasion to meet Booth, by "Anna, come what will," she replied, I am appointment who wished to be introduced to resigned. I think that J. Wilkes Booth was John Surrau; that when he and Booth were only an instrument in the hands of the Al- going to Mrs. Sarratt's house to see John Surmighty to punish this proud and licentious rat, they met, on Seventh street. John Surratt, people." LOUIS J. WEICHMANN. who was introduced to Booth, and they had a conversation of a private nature. I will here aid that Dr. Maid had with him a printed Sworn and subscribed before me this 11th day ecpy of the testimony pertaining to his trial, of August, 1865. CHAS. E. PANCOAST. Alderman. AFFIDAVIT CONCERNING CERTAIN STATE- CAMP FRY, WASHINGTON, D. C., BRIG.-GEN. JOSEPH HOLT, Judge Advocate General, U. S. A.: SIR-I am in receipt of your communication and I had. upon a number of occasions, re- Please acknowledge the receipt of this letter. Your obedient servant, Capt. Co. C, 10th Reg't V. R. C., com' dg Guard. Sworn and acknowledged at Washington, of this date, in which you request information D. C., this 23d August, 1865, before me. as regards the truthfulness of certain statements and confessions reported to have been made by Dr. Mudd while under my charge, en Toute to the Dry Tortugas. G. C. THOMAS, Notary Public. The above is a diagram of the stage, with properties, as it stood at the time of the assassination. The number of persons required upon the stage during the performance is as follows: 19 actors and actresses, 4 scene-shifters, 1 stage carpenter, 1 assistant stage carpenter, 1 property man, 1 gas man, 1 (back) door-keeper, 1 prompter, making a total of 29 persons passing and repassing upon the stage and through the passages and green-room which connects with the stage by the passage through which the assassin passed. |