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The Salmon P. Chase Papers - Vol. 3

By: John Niven; James P. McClure et al. | Book details

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Page 73
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June 26, 1861, telegram and letter, in Sears, Papers of McClellan, 38-39; OR, ser. 1, v. 2:674-75.
Anderson evidently attended because of his standing as an influential citizen of Cincinnati. William S. Rosecrans had served under McClellan since April as a volunteer aide. During June he received a commission as brigadier general in the regular army. He later succeeded McClellan in command of the Department of the Ohio, subsequently commanded in western Virginia, and in 1862 became head of the Army of the Mississippi. Appletons', 1:71; DAB, 16:163.

FROM EDWARD JORDAN

Autograph letter. Letters Received from Executive Officers (AB Series), General Records, Department of the Treasury (Record Group 56), National Archives (micro 16:0061).

Solicitors Office1 July 6th 1861.

Sir,

I am a good deal embarrassed in regard to questions arising out of the present insurrection against the government, and the measures which the latter has been compelled to adopt for its suppression. Those questions are, some of them, exceedingly delicate, and it is desirable not to commit the government in regard to them, until they shall have been thoroughly considered and digested. On the other hand, they are pressing practically upon me, and I find it exceedingly difficult to avoid them. Under these circumstances I have thought it proper to submit the matter to your consideration.

The questions to which I refer seem to me to be resolvable into a few of a very general nature.

First. Are the insurgents to be considered, for any purpose, as "belligerents," in the sense of the law of nations?

Second. Are they to be so regarded as respects any questions arising between us and foreign nations, and concerning the intercourse between the latter and the insurgents?

Third. Are they to be regarded as enemies as respects the property of the insurgents themselves, whether found on sea or on land; and as respects the property of citizens of the loyal states, employed in trade, direct or indirect, with the insurgents?

Fourth. Are they to be regarded as rebels?

Fifth. If the tree character or the other is to be attached to them, does that necessarily exclude the other? May they be treated as enemies as respects our control of the intercourse between them and foreign nations, and as rebels as regards our own people whether within or without the insurgent states?

Sixth. Should the Government decide to treat the insurgents as rebels so far as concerns the punishment of the treason itself, would this debar it from treating them as belligerents, in the sense of international

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