A Compilation of the Messages and Papers of the Presidents: Lincoln
by
Compiled by James D. Richardson
Part 3 out of 10
documents by which it was accompanied.
ABRAHAM LINCOLN.
WASHINGTON, _April 15, 1862_.
_To the Senate of the United States_:
On the 26th of June, 1860, the Senate approved of the treaty of
friendship and commerce between the United States and Nicaragua, signed
on the 16th of March, 1859, with certain amendments.
On the next day, namely, June 27, 1860, the Senate adopted a resolution
extending the period for the exchange of the ratifications of the treaty
for six months from that date; that is, until the 27th of December,
1860.
Although the amendments of the Senate were immediately transmitted to
our minister in Nicaragua for submission to the Government of that
Republic, he failed, notwithstanding earnest efforts, to induce that
Government to call an extra session of Congress to take into
consideration the amendments of the Senate of the United States within
the supplementary time named in the resolution of June 27, 1860, for the
exchange of ratifications.
It was not until the 25th of March, 1861, nearly three months after the
expiration of the six months extended by the Senate resolution, that the
Congress of Nicaragua acted favorably upon the amendments of the Senate
of the United States.
A translation of the decree of the Nicaraguan Government approving the
treaty as amended, with an additional amendment, is herewith inclosed.
It will be perceived that while the ratification of Nicaragua recites
literally the second amendment of the Senate and accepts it with an
additional clause, it does not in explicit terms accept the first
amendment of the Senate, striking out the last clause of the sixteenth
article.
That amendment is of so much importance that the adoption or rejection
of it by the Government of Nicaragua should not be left to construction
or inference.
The final amendment of that Government properly extended the time of
exchanging ratifications for an additional twelve months. That time has
expired. For obvious reasons connected with our internal affairs, the
subject has not sooner been submitted to the Senate, but the treaty is
now laid before that body, with this brief historical sketch and the
decree of the Nicaraguan Government, for such further advice as may be
deemed necessary and proper in regard to the acceptance or rejection of
the amendments of Nicaragua.
ABRAHAM LINCOLN.
WASHINGTON, _April 15, 1862_.
_To the Senate of the United States_:
In consequence of the delay attending the approval by the Senate of the
extradition treaty with Mexico signed on the 11th December last, it is
impossible to effect the exchange of ratifications of that and the
postal convention of the same date within the period assigned by those
instruments.
I recommend, therefore, the passage of a resolution at the earliest
practicable moment extending the time specified in the eighth article of
the extradition treaty and in the twelfth article of the postal
convention for the exchange of ratifications for sixty days from and
after the 11th June next, the date of the expiration of the period named
for that purpose in both instruments.
ABRAHAM LINCOLN.
WASHINGTON, D.C., _April 15, 1862_.
_To the Senate of the United States_:
I transmit herewith, for the consideration and such constitutional
action as the Senate may deem proper to take, a treaty negotiated on the
6th March, 1861, between late Agent Vanderslice, on the part of the
United States, and certain delegates of the Sac and Fox of the Missouri
and the Iowa tribes of Indians; also certain petitions of said tribes,
praying that the treaty may be ratified with an amendment as set forth
in said petitions. A letter of the Secretary of the Interior, with a
report of the Commissioner of Indian Affairs and letter of the present
agent of the Indians, accompany the treaty and petitions.
ABRAHAM LINCOLN.
APRIL 16, 1862.
_Fellow-Citizens of the Senate and House of Representatives_:
The act entitled "An act for the release of certain persons held to
service or labor in the District of Columbia" has this day been approved
and signed.
I have never doubted the constitutional authority of Congress to abolish
slavery in this District, and I have ever desired to see the national
capital freed from the institution in some satisfactory way. Hence there
has never been in my mind any question upon the subject except the one
of expediency, arising in view of all the circumstances. If there be
matters within and about this act which might have taken a course or
shape more satisfactory to my judgment, I do not attempt to specify
them. I am gratified that the two principles of compensation and
colonization are both recognized and practically applied in the act.
In the matter of compensation, it is provided that claims may be
presented within ninety days from the passage of the act, "but not
thereafter;" and there is no saving for minors, femes covert, insane or
absent persons. I presume this is an omission by mere oversight, and I
recommend that it be supplied by an amendatory or supplemental act.
ABRAHAM LINCOLN.
WASHINGTON, _April 18, 1862_.
_To the Senate and House of Representatives_:
I transmit to Congress a copy of a correspondence between the Secretary
of State and Benjamin E. Brewster, of Philadelphia, relative to the
arrest in that city of Simon Cameron, late Secretary of War, at the suit
of Pierce Butler, for trespass _vi et armis_, assault and battery, and
false imprisonment.
ABRAHAM LINCOLN.
EXECUTIVE MANSION,
_Washington, April 24, 1862_.
_To the Senate of the United States_:
In obedience to your resolution of the 17th instant, I herewith
communicate the testimony and judgment of the recent naval court of
inquiry in the case of Lieutenant Charles E. Fleming, of the United
States Navy; also the testimony and finding of the naval retiring board
in the case of the said Lieutenant Fleming.
I have the honor to state that the judgment and finding aforesaid have
not been approved by me.
ABRAHAM LINCOLN.
WASHINGTON, _April 26, 1862_.
_To the House of Representatives_:
In compliance with the resolution of the House of Representatives of the
24th of February last, requesting information in regard to insurgent
privateers in foreign ports, I transmit a report from the Secretary of
State and the documents by which it was accompanied.
ABRAHAM LINCOLN.
EXECUTIVE MANSION,
_Washington, May 1, 1862_.
_To the Senate of the United States_:
In answer to the resolution of the Senate in relation to
Brigadier-General Stone, I have the honor to state that he was arrested
and imprisoned under my general authority, and upon evidence which,
whether he be guilty or innocent, required, as appears to me, such
proceedings to be had against him for the public safety. I deem it
incompatible with the public interest, as also, perhaps, unjust to
General Stone, to make a more particular statement of the evidence.
He has not been tried because in the state of military operations at the
time of his arrest and since the officers to constitute a court-martial
and for witnesses could not be withdrawn from duty without serious
injury to the service. He will be allowed a trial without any
unnecessary delay, the charges and specifications will be furnished him
in due season, and every facility for his defense will be afforded him
by the War Department.
ABRAHAM LINCOLN.
EXECUTIVE MANSION,
_Washington, May 1, 1862_.
_To the Senate of the United States_:
In accordance with the suggestion of the Secretary of the Treasury
contained in the accompanying letter, I have the honor to transmit the
inclosed petition and report thereon of the Third Auditor for the
consideration of Congress.
ABRAHAM LINCOLN.
WASHINGTON, D.C., _May 14, 1862_.
_To the Senate and House of Representatives_:
The third section of the "Act further to promote the efficiency of the
Navy," approved 21st of December, 1861, provides--
That the President of the United States, by and with the advice and
consent of the Senate, shall have the authority to detail from the
retired list of the Navy for the command of squadrons and single ships
such officers as he may believe that the good of the service requires
to be thus placed in command; and such officers may, if upon the
recommendation of the President of the United States they shall receive
a vote of thanks of Congress for their services and gallantry in action
against an enemy, be restored to the active list, and not otherwise.
In conformity with this law, Captain David G. Farragut was nominated to
the Senate for continuance as the flag-officer in command of the
squadron which recently rendered such important service to the Union by
his successful operations on the Lower Mississippi and capture of New
Orleans.
Believing that no occasion could arise which would more fully correspond
with the intention of the law or be more pregnant with happy influence
as an example, I cordially recommend that Captain D.G. Farragut receive
a vote of thanks of Congress for his services and gallantry displayed in
the capture since 21st December, 1861, of Forts Jackson and St. Philip,
city of New Orleans, and the destruction of various rebel gunboats,
rams, etc.
ABRAHAM LINCOLN.
WASHINGTON, D.C., _May 14, 1862_.
_To the Senate and House of Representatives_:
I submit herewith a list of naval officers who commanded vessels engaged
in the recent brilliant operations of the squadron commanded by
Flag-Officer Farragut, which led to the capture of Forts Jackson and St.
Philip, city of New Orleans, and the destruction of rebel gunboats,
rams, etc., in April, 1862. For their services and gallantry on those
occasions I cordially recommend that they should by name receive a vote
of thanks of Congress.
LIST.
Captain Theodorus Bailey.
Captain Henry W. Morris.
Captain Thomas T. Craven.
Commander Henry H. Bell.
Commander Samuel Phillips Lee.
Commander Samuel Swartwout.
Commander Melancton Smith.
Commander Charles Stewart Boggs.
Commander John De Camp.
Commander James Alden.
Commander David D. Porter.
Commander Richard Wainwright.
Commander William B. Renshaw.
Lieutenant Commanding Abram D. Harrell.
Lieutenant Commanding Edward Donaldson.
Lieutenant Commanding George H. Preble.
Lieutenant Commanding Edward T. Nichols.
Lieutenant Commanding Jonathan M. Wainwright.
Lieutenant Commanding John Guest.
Lieutenant Commanding Charles H.B. Caldwell.
Lieutenant Commanding Napoleon B. Harrison.
Lieutenant Commanding Albert N. Smith.
Lieutenant Commanding Pierce Crosby.
Lieutenant Commanding George M. Ransom.
Lieutenant Commanding Watson Smith.
Lieutenant Commanding John H. Russell.
Lieutenant Commanding Walter W. Queen.
Lieutenant Commanding K. Randolph Breese.
Acting Lieutenant Commanding Selim E. Woodworth.
Acting Lieutenant Commanding Charles H. Baldwin.
ABRAHAM LINCOLN.
EXECUTIVE OFFICE, _May, 1862_.
_To the Senate of the United States_:
I transmit herewith, for the constitutional action of the Senate, a
treaty negotiated on the 13th of March, 1862, between H.W. Farnsworth,
a commissioner on the part of the United States, and the authorized
representatives of the Kansas tribe of Indians.
A communication from the Secretary of the Interior, together with
a letter of the Commissioner of Indian Affairs, suggesting certain
amendments to the treaty and inclosing papers relating thereto, are
also transmitted.
ABRAHAM LINCOLN.
WASHINGTON, _May 21, 1862_.
_To the Senate_:
In answer to the resolution of the Senate of the 14th instant,
requesting information in regard to arrests in the State of Kentucky, I
transmit a report from the Secretary of War, to whom the resolution was
referred.
ABRAHAM LINCOLN.
WASHINGTON, _May 22, 1862_.
_To the House of Representatives_:
In compliance with the resolution of the House of Representatives of the
20th instant, requesting information in regard to the indemnity obtained
by the consul-general of the United States at Alexandria, Egypt, for the
maltreatment of Faris-El-Hakim, an agent in the employ of the American
missionaries in that country, I transmit a report from the Secretary of
State and the documents by which it was accompanied.
ABRAHAM LINCOLN.
WASHINGTON, _May 23, 1862_.
_To the House of Representatives_:
I transmit a report from the Secretary of State, in answer to the
resolution of the House of Representatives of the 22d instant, calling
for further correspondence relative to Mexican affairs.
ABRAHAM LINCOLN.
[The same message was sent to the Senate, in answer to a resolution
of that body.]
WASHINGTON, _May 26, 1862_.
_To the Senate and House of Representatives_:
The insurrection which is yet existing in the United States and
aims at the overthrow of the Federal Constitution and the Union was
clandestinely prepared during the winter of 1860 and 1861, and assumed
an open organization in the form of a treasonable provisional government
at Montgomery, in Alabama, on the 18th day of February, 1861. On the
12th day of April, 1861, the insurgents committed the flagrant act of
civil war by the bombardment and capture of Fort Sumter, which cut off
the hope of immediate conciliation. Immediately afterwards all the roads
and avenues to this city were obstructed, and the capital was put into
the condition of a siege. The mails in every direction were stopped, and
the lines of telegraph cut off by the insurgents, and military and naval
forces which had been called out by the Government for the defense of
Washington were prevented from reaching the city by organized and
combined treasonable resistance in the State of Maryland. There was no
adequate and effective organization for the public defense. Congress had
indefinitely adjourned. There was no time to convene them. It became
necessary for me to choose whether, using only the existing means,
agencies, and processes which Congress had provided, I should let the
Government fall at once into ruin or whether, availing myself of the
broader powers conferred by the Constitution in cases of insurrection,
I would make an effort to save it, with all its blessings, for the
present age and for posterity.
I thereupon summoned my constitutional advisers, the heads of all the
Departments, to meet on Sunday, the 20th day of April, 1861, at the
office of the Navy Department, and then and there, with their unanimous
concurrence, I directed that an armed revenue cutter should proceed to
sea to afford protection to the commercial marine, and especially the
California treasure ships then on their way to this coast. I also
directed the commandant of the navy-yard at Boston to purchase or
charter and arm as quickly as possible five steamships for purposes
of public defense. I directed the commandant of the navy-yard at
Philadelphia to purchase or charter and arm an equal number for the same
purpose. I directed the commandant at New York to purchase or charter
and arm an equal number. I directed Commander Gillis to purchase or
charter and arm and put to sea two other vessels. Similar directions
were given to Commodore Du Pont, with a view to the opening of passages
by water to and from the capital. I directed the several officers to
take the advice and obtain the aid and efficient services in the matter
of His Excellency Edwin D. Morgan, the governor of New York, or in his
absence George D. Morgan, William M. Evarts, R.M. Blatchford, and Moses
H. Grinnell, who were by my directions especially empowered by the
Secretary of the Navy to act for his Department in that crisis in
matters pertaining to the forwarding of troops and supplies for the
public defense.
On the same occasion I directed that Governor Morgan and Alexander
Cummings, of the city of New York, should be authorized by the Secretary
of War, Simon Cameron, to make all necessary arrangements for the
transportation of troops and munitions of war, in aid and assistance of
the officers of the Army of the United States, until communication by
mails and telegraph should be completely reestablished between the
cities of Washington and New York. No security was required to be given
by them, and either of them was authorized to act in case of inability
to consult with the other.
On the same occasion I authorized and directed the Secretary of the
Treasury to advance, without requiring security, $2,000,000 of public
money to John A. Dix, George Opdyke, and Richard M. Blatchford, of New
York, to be used by them in meeting such requisitions as should be
directly consequent upon the military and naval measures necessary for
the defense and support of the Government, requiring them only to act
without compensation and to report their transactions when duly called
upon. The several Departments of the Government at that time contained
so large a number of disloyal persons that it would have been impossible
to provide safely through official agents only for the performance of
the duties thus confided to citizens favorably known for their ability,
loyalty, and patriotism.
The several orders issued upon these occurrences were transmitted by
private messengers, who pursued a circuitous way to the seaboard cities,
inland across the States of Pennsylvania and Ohio and the northern
lakes. I believe that by these and other similar measures taken in that
crisis, some of which were without any authority of law, the Government
was saved from overthrow. I am not aware that a dollar of the public
funds thus confided without authority of law to unofficial persons was
either lost or wasted, although apprehensions of such misdirection
occurred to me as objections to those extraordinary proceedings, and
were necessarily overruled.
I recall these transactions now because my attention has been directed
to a resolution which was passed by the House of Representatives on the
30th day of last month, which is in these words:
_Resolved_, That Simon Cameron, late Secretary of War, by investing
Alexander Cummings with the control of large sums of the public money
and authority to purchase military supplies without restriction, without
requiring from him any guaranty for the faithful performance of his
duties, when the services of competent public officers were available,
and by involving the Government in a vast number of contracts with
persons not legitimately engaged in the business pertaining to the
subject-matter of such contracts, especially in the purchase of arms
for future delivery, has adopted a policy highly injurious to the
public service, and deserves the censure of the House.
Congress will see that I should be wanting equally in candor and in
justice if I should leave the censure expressed in this resolution to
rest exclusively or chiefly upon Mr. Cameron. The same sentiment is
unanimously entertained by the heads of Departments who participated
in the proceedings which the House of Representatives has censured.
It is due to Mr. Cameron to say that although he fully approved the
proceedings they were not moved nor suggested by himself, and that not
only the President, but all the other heads of Departments, were at
least equally responsible with him for whatever error, wrong, or fault
was committed in the premises.
ABRAHAM LINCOLN.
WASHINGTON, _May 30, 1862_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to
ratification, a treaty of amity, commerce, consular privileges, and
extradition between the United States and the Republic of Salvador,
signed in this city on the 29th instant. It is believed that though
this instrument contains no stipulation which may not be found in some
subsisting treaty between the United States and foreign powers, it will
prove to be mutually advantageous. Several of the Republics of this
hemisphere, among which is Salvador, are alarmed at a supposed sentiment
tending to reactionary movements against republican institutions on this
continent. It seems, therefore, to be proper that we should show to
any of them who may apply for that purpose that, compatibly with our
cardinal policy and with an enlightened view of our own interests, we
are willing to encourage them by strengthening our ties of good will
and good neighborhood with them.
ABRAHAM LINCOLN.
WASHINGTON, _June 4, 1862_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 29th ultimo,
adopted in executive session, requesting information in regard to
the claims of citizens of the United States on Paraguay and the
correspondence relating thereto, I transmit a report from the Secretary
of State and the documents by which it was accompanied.
ABRAHAM LINCOLN.
WASHINGTON, _June 4, 1862_.
_To the House of Representatives_:
I transmit herewith a report of the Secretary of War, in answer to
the resolution of the House of Representatives of the 2d of June, in
relation to the authority and action of the Hon. Edward Stanly, military
governor of North Carolina.
ABRAHAM LINCOLN.
WASHINGTON, _June 10, 1862_.
_To the Senate and House of Representatives_:
I transmit to Congress a copy of a treaty for the suppression of the
African slave trade, between the United States and Her Britannic
Majesty, signed in this city on the 7th of April last, and the
ratifications of which were exchanged at London on the 20th ultimo.
A copy of the correspondence which preceded the conclusion of the
instrument between the Secretary of State and Lord Lyons, Her Britannic
Majesty's envoy extraordinary and minister plenipotentiary, is also
herewith transmitted.
It is desirable that such legislation as may be necessary to carry the
treaty into effect should be enacted as soon as may comport with the
convenience of Congress.
ABRAHAM LINCOLN.
EXECUTIVE MANSION,
_Washington, June 12, 1862_.
_To the Honorable House of Representatives_:
In obedience to the resolution of your honorable body of the 9th
instant, requesting certain information in regard to the circuit court
of the United States for the State of California, and the judge of said
court, I have the honor to transmit a letter of the Attorney-General,
with copies of two other letters and of an indorsement of my own upon
one of them; all which, taken together, contain all the information
within my power to give upon the subject.
ABRAHAM LINCOLN.
EXECUTIVE MANSION,
_Washington, June 13, 1862_.
_Fellow-Citizens of the Senate and House of Representatives_:
I herewith transmit a memorial addressed and presented to me in behalf
of the State of New York in favor of enlarging the locks of the Erie and
Oswego Canal. While I have not given nor have leisure to give the
subject a careful examination, its great importance is obvious and
unquestionable. The large amount of valuable statistical information
which is collated and presented in the memorial will greatly facilitate
the mature consideration of the subject, which I respectfully ask for it
at your hands.
ABRAHAM LINCOLN.
EXECUTIVE MANSION,
_Washington City, June 17, 1862_.
_The Speaker of the House of Representatives_:
The resolution of the House of Representatives of the 9th instant,
asking whether any legislation is necessary in order to give effect to
the provisions of the act of April 16, 1862, providing for the
reorganization of the Medical Department of the Army, was referred to
the Secretary of War, whose report thereon is herewith communicated.
ABRAHAM LINCOLN.
WASHINGTON, _June 23, 1862_.
_To the Senate of the United States_:
On the 7th day of December, 1861, I submitted to the Senate the project
of a treaty between the United States and Mexico which had been proposed
to me by Mr. Corwin, our minister to Mexico, and respectfully requested
the advice of the Senate thereupon.
On the 25th day of February last a resolution was adopted by the Senate
to the effect "that it is not advisable to negotiate a treaty that will
require the United States to assume any portion of the principal or
interest of the debt of Mexico, or that will require the concurrence of
European powers."
This resolution having been duly communicated to me, notice thereof was
immediately given by the Secretary of State to Mr. Corwin, and he was
informed that he was to consider his instructions upon the subject
referred to modified by this resolution and would govern his course
accordingly. That dispatch failed to reach Mr. Corwin, by reason of the
disturbed condition of Mexico, until a very recent date, Mr. Corwin
being without instructions, or thus practically left without
instructions, to negotiate further with Mexico.
In view of the very important events occurring there, he has thought
that the interests of the United States would be promoted by the
conclusion of two treaties which should provide for a loan to that
Republic. He has therefore signed such treaties, and they having been
duly ratified by the Government of Mexico he has transmitted them to me
for my consideration. The action of the Senate is of course conclusive
against an acceptance of the treaties on my part. I have, nevertheless,
thought it just to our excellent minister in Mexico and respectful to
the Government of that Republic to lay the treaties before the Senate,
together with the correspondence which has occurred in relation to them.
In performing this duty I have only to add that the importance of the
subject thus submitted to the Senate can not be overestimated, and I
shall cheerfully receive and consider with the highest respect any
further advice the Senate may think proper to give upon the subject.
ABRAHAM LINCOLN.
EXECUTIVE MANSION,
_Washington, June 26, 1862_.
_To the Senate of the United States_:
The accompanying treaty, made and concluded at the city of Washington on
the 24th day of June, 1862, between the United States and the united
bands of the Ottawa Indians of Blanchards Fork and of Roche de Boeuf, in
Kansas, is transmitted for the consideration and constitutional action
of the Senate, agreeably to recommendation of inclosed letter from the
Secretary of the Interior of this date.
ABRAHAM LINCOLN.
WASHINGTON, _July 1, 1862_.
_To the Senate and House of Representatives_:
I most cordially recommend that Captain Andrew H. Foote, of the United
States Navy, receive a vote of thanks of Congress for his eminent
services in organizing the flotilla on the Western waters, and for his
gallantry at Fort Henry, Fort Donelson, Island No. 10, and at various
other places, whilst in command of the naval forces, embracing a period
of nearly ten months.
ABRAHAM LINCOLN.
WASHINGTON, D.C., _July 5, 1862_.
_To the Senate of the United States_:
I transmit herewith, for the constitutional action of the Senate
thereon, a treaty negotiated in this city on the 3d instant with the Sac
and Fox Indians of the Mississippi.
Letters from the Secretary of the Interior and Commissioner of Indian
Affairs accompany the treaty.
ABRAHAM LINCOLN.
WASHINGTON, _July 9, 1862_.
_To the Senate of the United States_:
I transmit to the Senate, for consideration with a view to ratification,
a postal convention with Costa Rica, concluded at San Jose on the 9th
June last.
ABRAHAM LINCOLN.
WASHINGTON, D.C., _July 11, 1862_.
_To the Senate of the United States_:
I transmit to the Senate, for its constitutional action thereon, a
treaty negotiated at the Kickapoo Agency on the 28th of June, 1862,
between Charles B. Keith, commissioner on the part of the United States,
and the chiefs, headmen, and delegates of the Kickapoo Indians of
Kansas.
A letter of the Commissioner of Indian Affairs of the 10th instant is
also transmitted, suggesting amendments to the treaty for the
consideration of the Senate.
ABRAHAM LINCOLN.
WASHINGTON, D.C., _July 11, 1862_.
_To the Senate and House of Representatives_:
I recommend that the thanks of Congress be given to the following
officers of the United States Navy:
Captain James L. Lardner, for meritorious conduct at the battle of Port
Royal and distinguished services on the coast of the United States
against the enemy.
Captain Charles Henry Davis, for distinguished services in conflict with
the enemy at Fort Pillow, at Memphis, and for successful operations at
other points in the waters of the Mississippi River.
Commander John A. Dahlgren, for distinguished services in the line of
his profession, improvements in ordnance, and zealous and efficient
labors in the ordnance branch of the service.
Commander Stephen C. Rowan, for distinguished services in the waters of
North Carolina, and particularly in the capture of Newbern, being in
chief command of the naval forces.
Commander David D. Porter, for distinguished services in the conception
and preparation of the means used for the capture of the forts below New
Orleans, and for highly meritorious conduct in the management of the
mortar flotilla during the bombardment of Forts Jackson and St. Philip.
Captain Silas H. Stringham, now on the retired list, for distinguished
services in the capture of Forts Hatteras and Clark.
ABRAHAM LINCOLN.
WASHINGTON, _July 12, 1862_.
_To the House of Representatives_:
I transmit a report of the Secretary of State upon the subject of the
resolution of the House of Representatives of the 9th ultimo, requesting
information in regard to the relations between the United States and
foreign powers.
ABRAHAM LINCOLN.
WASHINGTON, D.C., _July 14, 1862_.
_Fellow-Citizens of the Senate and House of Representatives_:
Herewith is a draft of a bill to compensate any State which may abolish
slavery within its limits, the passage of which substantially as
presented I respectfully and earnestly recommend.
ABRAHAM LINCOLN.
_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That whenever the President of
the United States shall be satisfied that any State shall have lawfully
abolished slavery within and throughout such State, either immediately
or gradually, it shall be the duty of the President, assisted by the
Secretary of the Treasury, to prepare and deliver to such State an
amount of 6 per cent interest-bearing bonds of the United States equal
to the aggregate value at $---- per head of all the slaves within such
State as reported by the census of the year 1860; the whole amount for
any one State to be delivered at once if the abolishment be immediate,
or in equal annual installments if it be gradual, interest to begin
running on each bond at the time of its delivery, and not before.
_And be it further enacted_, That if any State, having so received any
such bonds, shall at any time afterwards by law reintroduce or tolerate
slavery within its limits contrary to the act of abolishment upon which
such bonds shall have been received, said bonds so received by said
State shall at once be null and void, in whosesoever hands they may be,
and such State shall refund to the United States all interest which may
have been paid on such bonds.
EXECUTIVE MANSION,
_Washington, July 15, 1862_.
Hon. SOLOMON FOOT,
_President pro tempore of the Senate_.
SIR: Please inform the Senate that I shall be obliged if they will
postpone the adjournment at least one day beyond the time which I
understand to be now fixed for it.
Your obedient servant,
ABRAHAM LINCOLN.
[The same message was addressed to Hon. Calusha A. Crow, Speaker of the
House of Representatives.]
JULY 17, 1862.
_Fellow-Citizens of the Senate and House of Representatives_:
Considering the bill for "An act to suppress insurrection, to punish
treason and rebellion, to seize and confiscate the property of rebels,
and for other purposes," and the joint resolution explanatory of said
act as being substantially one, I have approved and signed both.
Before I was informed of the passage of the resolution I had prepared
the draft of a message stating objections to the bill becoming a law,
a copy of which draft is herewith transmitted.
ABRAHAM LINCOLN.
_Fellow-Citizens of the House of Representatives_:
I herewith return to your honorable body, in which it originated, the
bill for an act entitled "An act to suppress treason and rebellion, to
seize and confiscate the property of rebels, and for other purposes,"
together with my objections to its becoming a law.
There is much in the bill to which I perceive no objection. It is wholly
prospective, and touches neither person nor property of any loyal
citizen, in which particulars it is just and proper. The first and
second sections provide for the conviction and punishment of persons who
shall be guilty of treason and persons who shall "incite, set on foot,
assist, or engage in any rebellion or insurrection against the authority
of the United States or the laws thereof, or shall give aid and comfort
thereto, or shall engage in or give aid and comfort to any such existing
rebellion or insurrection." By fair construction persons within these
sections are not to be punished without regular trials in duly
constituted courts, under the forms and all the substantial provisions
of law and of the Constitution applicable to their several cases. To
this I perceive no objection, especially as such persons would be within
the general pardoning power and also the special provision for pardon
and amnesty contained in this act.
It is also provided that the slaves of persons convicted under these
sections shall be free. I think there is an unfortunate form of
expression rather than a substantial objection in this. It is startling
to say that Congress can free a slave within a State, and yet if it were
said the ownership of the slave had first been transferred to the nation
and that Congress had then liberated him the difficulty would at once
vanish. And this is the real case. The traitor against the General
Government forfeits his slave at least as justly as he does any other
property, and he forfeits both to the Government against which he
offends. The Government, so far as there can be ownership, thus owns the
forfeited slaves, and the question for Congress in regard to them is,
"Shall they be made free or be sold to new masters?" I perceive no
objection to Congress deciding in advance that they shall be free. To
the high honor of Kentucky, as I am informed, she has been the owner of
some slaves by escheat and has sold none, but liberated all. I hope the
same is true of some other States. Indeed I do not believe it would be
physically possible for the General Government to return persons so
circumstanced to actual slavery. I believe there would be physical
resistance to it which could neither be turned aside by argument nor
driven away by force. In this view I have no objection to this feature
of the bill. Another matter involved in these two sections, and running
through other parts of the act, will be noticed hereafter.
I perceive no objection to the third and fourth sections.
So far as I wish to notice the fifth and sixth sections, they may be
considered together. That the enforcement of these sections would do no
injustice to the persons embraced within them is clear. That those who
make a causeless war should be compelled to pay the cost of it is too
obviously just to be called in question. To give governmental protection
to the property of persons who have abandoned it and gone on a crusade
to overthrow that same government is absurd if considered in the mere
light of justice. The severest justice may not always be the best
policy. The principle of seizing and appropriating the property of the
persons embraced within these sections is certainly not very
objectionable, but a justly discriminating application of it would be
very difficult, and to a great extent impossible. And would it not be
wise to place a power of remission somewhere, so that these persons may
know they have something to lose by persisting and something to save by
desisting? I am not sure whether such power of remission is or is not
within section 13.
Without any special act of Congress, I think our military commanders,
when, in military phrase, "they are within the enemy's country," should
in an orderly manner seize and use whatever of real or personal property
may be necessary or convenient for their commands, at the same time
preserving in some way the evidence of what they do.
What I have said in regard to slaves while commenting on the first and
second sections is applicable to the ninth, with the difference that no
provision is made in the whole act for determining whether a particular
individual slave does or does not fall within the classes defined in
that section. He is to be free upon certain conditions, but whether
those conditions do or do not pertain to him no mode of ascertaining is
provided. This could be easily supplied.
To the tenth section I make no objection. The oath therein required
seems to be proper, and the remainder of the section is substantially
identical with a law already existing.
The eleventh section simply assumes to confer discretionary powers upon
the Executive. Without the law I have no hesitation to go as far in the
direction indicated as I may at any time deem expedient. And I am ready
to say now, I think it is proper for our military commanders to employ
as laborers as many persons of African descent as can be used to
advantage.
The twelfth and thirteenth sections are somewhat better than
objectionable, and the fourteenth is entirely proper if all other parts
of the act shall stand.
That to which I chiefly object pervades most parts of the act, but more
distinctly appears in the first, second, seventh, and eighth sections.
It is the sum of those provisions which results in the divesting of
title forever. For the causes of treason and the ingredients of treason
not amounting to the full crime it declares forfeiture extending beyond
the lives of the guilty parties, whereas the Constitution of the United
States declares that "no attainder of treason shall work corruption of
blood, or forfeiture except during the life of the person attainted."
True, there seems to be no formal attainder in this case; still, I think
the greater punishment can not be constitutionally inflicted in a
different form for the same offense. With great respect I am constrained
to say I think this feature of the act is unconstitutional. It would not
be difficult to modify it.
I may remark that this provision of the Constitution, put in language
borrowed from Great Britain, applies only in this country to real or
landed estate.
Again, this act, by proceedings _in rem_, forfeits property for the
ingredients of treason without a conviction of the supposed criminal or
a personal hearing given him in any proceeding. That we may not touch
property lying within our reach because we can not give personal notice
to an owner who is absent endeavoring to destroy the Government is
certainly not very satisfactory. Still, the owner may not be thus
engaged; and I think a reasonable time should be provided for such
parties to appear and have personal hearings. Similar provisions are not
uncommon in connection with proceedings _in rem_.
For the reasons stated, I return the bill to the House, in which it
originated.
JULY 17, 1862.
_Fellow-Citizens of the Senate and House of Representatives_:
I have inadvertently omitted so long to inform you that in March last
Mr. Cornelius Vanderbilt, of New York, gratuitously presented to the
United States the ocean steamer _Vanderbilt_, by many esteemed the
finest merchant ship in the world. She has ever since been and still is
doing valuable service to the Government. For the patriotic act in
making this magnificent and valuable present to the country, I recommend
that some suitable acknowledgment be made.
ABRAHAM LINCOLN.
VETO MESSAGES.
JUNE 23, 1862.
_To the Senate of the United States_:
The bill which has passed the House of Representatives and the Senate
entitled "An act to repeal that part of an act of Congress which prohibits
the circulation of bank notes of a less denomination than $5 in the
District of Columbia" has received my attentive consideration, and I
now return it to the Senate, in which it originated, with the following
objections:
1. The bill proposes to repeal the existing legislation prohibiting the
circulation of bank notes of a less denomination than $5 within the
District of Columbia without permitting the issuing of such bills by
banks not now legally authorized to issue them. In my judgment it will
be found impracticable in the present condition of the currency to make
such a discrimination. The banks have generally suspended specie
payments, and a legal sanction given to the circulation of the
irredeemable notes of one class of them will almost certainly be so
extended in practical operation as to include those of all classes,
whether authorized or unauthorized. If this view be correct, the
currency of the District, should this act become a law, will certainly
and greatly deteriorate, to the serious injury of honest trade and
honest labor.
2. This bill seems to contemplate no end which can not be otherwise more
certainly and beneficially attained. During the existing war it is
peculiarly the duty of the National Government to secure to the people a
sound circulating medium. This duty has been under existing
circumstances satisfactorily performed, in part at least, by authorizing
the issue of United States notes, receivable for all Government dues
except customs, and made a legal tender for all debts, public and
private, except interest on public debt. The object of the bill
submitted to me, namely, that of providing a small-note currency during
the present suspension, can be fully accomplished by authorizing the
issue, as part of any new emission of United States notes made necessary
by the circumstances of the country, of notes of a similar character but
of less denomination than $5. Such an issue would answer all the
beneficial purposes of the bill, would save a considerable amount to the
Treasury in interest, would greatly facilitate payments to soldiers and
other creditors of small sums, and would furnish to the people a
currency as safe as their own Government.
Entertaining these objections to the bill, I feel myself constrained to
withhold from it my approval and return it for the further consideration
and action of Congress.
ABRAHAM LINCOLN.
EXECUTIVE MANSION,
_July 2, 1862_.
_To the Senate of the United States_:
I herewith return to your honorable body, in which it originated, an act
entitled "An act to provide for additional medical officers of the
volunteer service," without my approval.
My reason for so doing is that I have approved an act of the same title
passed by Congress after the passage of the one first mentioned for the
express purpose of correcting errors in and superseding the same, as I
am informed.
ABRAHAM LINCOLN.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
It is recommended to the people of the United States that they assemble
in their customary places of meeting for public solemnities on the 22d
day of February instant and celebrate the anniversary of the birth of
the Father of his Country by causing to be read to them his immortal
Farewell Address.
Given under my hand and the seal of the United States, at Washington,
the 19th day of February, A.D. 1862, and of the Independence of the
United States of America the eighty-sixth.
[SEAL.]
ABRAHAM LINCOLN.
By the President:
WILLIAM H. SEWARD,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
It has pleased Almighty God to vouchsafe signal victories to the land
and naval forces engaged in suppressing an internal rebellion, and at
the same time to avert from our country the dangers of foreign
intervention and invasion.
It is therefore recommended to the people of the United States that at
their next weekly assemblages in their accustomed places of public
worship which shall occur after notice of this proclamation shall have
been received they especially acknowledge and render thanks to our
Heavenly Father for these inestimable blessings, that they then and
there implore spiritual consolation in behalf of all who have been
brought into affliction by the casualties and calamities of sedition and
civil war, and that they reverently invoke the divine guidance for our
national counsels, to the end that they may speedily result in the
restoration of peace, harmony, and unity throughout our borders and
hasten the establishment of fraternal relations among all the countries
of the earth.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 10th day of April, A.D. 1862, and
of the Independence of the United States the eighty sixth.
ABRAHAM LINCOLN.
By the President:
WILLIAM H. SEWARD,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by my proclamation of the 19th of April, 1861, it was declared
that the ports of certain States, including those of Beaufort, in the
State of North Carolina; Port Royal, in the State of South Carolina; and
New Orleans, in the State of Louisiana, were, for reasons therein set
forth, intended to be placed under blockade; and
Whereas the said ports of Beaufort, Port Royal, and New Orleans have
since been blockaded; but as the blockade of the same ports may now be
safely relaxed with advantage to the interests of commerce:
Now, therefore, be it known that I, Abraham Lincoln, President of the
United States, pursuant to the authority in me vested by the fifth
section of the act of Congress approved on the 13th of July last,
entitled "An act further to provide for the collection of duties on
imports, and for other purposes," do hereby declare that the blockade of
the said ports of Beaufort, Port Royal, and New Orleans shall so far
cease and determine, from and after the 1st day of June next, that
commercial intercourse with those ports, except as to persons, things,
and information contraband of war, may from that time be carried on
subject to the laws of the United States and to the limitations and in
pursuance of the regulations which are prescribed by the Secretary of
the Treasury in his order of this date, which is appended to this
proclamation.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 12th day of May, A.D. 1862, and of
the Independence of the United States the eighty-sixth.
ABRAHAM LINCOLN.
By the President:
WILLIAM H. SEWARD,
_Secretary of State_.
REGULATIONS RELATING TO TRADE WITH PORTS OPENED BY PROCLAMATION.
Treasury Department, _May 12, 1862_.
1. To vessels clearing from foreign ports and destined to ports opened
by the proclamation of the President of the United States of this date,
namely, Beaufort, in North Carolina; Port Royal, in South Carolina, and
New Orleans, in Louisiana, licenses will be granted by consuls of the
United States upon satisfactory evidence that the vessels so licensed
will convey no persons, property, or information contraband of war
either to or from the said ports, which licenses shall be exhibited to
the collector of the port to which said vessels may be respectively
bound immediately on arrival, and, if required, to any officer in charge
of the blockade; and on leaving either of said ports every vessel will
be required to have a clearance from the collector of the customs,
according to law, showing no violation of the conditions of the license.
Any violation of said conditions will involve the forfeiture and
condemnation of the vessel and cargo and the exclusion of all parties
concerned from any further privilege of entering the United States
during the war for any purpose whatever.
2. To vessels of the United States clearing coastwise for the ports
aforesaid licenses can only be obtained from the Treasury Department.
3. In all other respects the existing blockade remains in full force and
effect as hitherto established and maintained, nor is it relaxed by the
proclamation except in regard to the ports to which the relaxation is by
that instrument expressly applied.
S.P. CHASE,
_Secretary of the Treasury_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas there appears in the public prints what purports to be a
proclamation of Major-General Hunter, in the words and figures
following, to wit:
HEADQUARTERS DEPARTMENT OF THE SOUTH,
_Hilton Head, S.C., May 9, 1862_.
_General Orders, No. 11_.--The three States of Georgia, Florida, and
South Carolina, comprising the Military Department of the South, having
deliberately declared themselves no longer under the protection of the
United States of America, and having taken up arms against the said
United States, it becomes a military necessity to declare them under
martial law. This was accordingly done on the 25th day of April, 1862.
Slavery and martial law in a free country are altogether incompatible;
the persons in these three States--Georgia, Florida, and South
Carolina--heretofore held as slaves are therefore declared forever free.
DAVID HUNTER,
_Major-General Commanding_.
Official:
ED. W. SMITH,
_Acting Assistant Adjutant-General_.
And whereas the same is producing some excitement and misunderstanding:
Therefore I, Abraham Lincoln, President of the United States, proclaim
and declare that the Government of the United States had no knowledge,
information, or belief of an intention on the part of General Hunter to
issue such a proclamation, nor has it yet any authentic information that
the document is genuine; and, further, that neither General Hunter nor
any other commander or person has been authorized by the Government of
the United States to make proclamations declaring the slaves of any
State free, and that the supposed proclamation now in question, whether
genuine or false, is altogether void so far as respects such
declaration.
I further make known that whether it be competent for me, as Commander
in Chief of the Army and Navy, to declare the slaves of any State or
States free, and whether at any time, in any case, it shall have become
a necessity indispensable to the maintenance of the Government to
exercise such supposed power, are questions which, under my
responsibility, I reserve to myself, and which I can not feel justified
in leaving to the decision of commanders in the field. These are totally
different questions from those of police regulations in armies and
camps.
On the 6th day of March last, by a special message, I recommended to
Congress the adoption of a joint resolution to be substantially as
follows:
_Resolved_, That the United States ought to cooperate with any State
which may adopt a gradual abolishment of slavery, giving to such State
pecuniary aid, to be used by such State, in its discretion, to
compensate for the inconveniences, public and private, produced by such
change of system.
The resolution, in the language above quoted, was adopted by large
majorities in both branches of Congress, and now stands an authentic,
definite, and solemn proposal of the nation to the States and people
most immediately interested in the subject-matter. To the people of
those States I now earnestly appeal--I do not argue; I beseech you to
make the arguments for yourselves; you can not, if you would, be blind
to the signs of the times. I beg of you a calm and enlarged
consideration of them, ranging, if it may be, far above personal and
partisan politics. This proposal makes common cause for a common object,
casting no reproaches upon any. It acts not the Pharisee. The change it
contemplates would come gently as the dews of heaven, not rending or
wrecking anything. Will you not embrace it? So much good has not been
done by one effort in all past time as, in the providence of God, it is
now your high privilege to do. May the vast future not have to lament
that you have neglected it.
In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 19th day of May, A.D. 1862, and of
the Independence of the United States the eighty-sixth.
ABRAHAM LINCOLN.
By the President:
WILLIAM H. SEWARD,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas in and by the second section of an act of Congress passed on the
7th day of June, A.D. 1862, entitled "An act for the collection of
direct taxes in insurrectionary districts within the United States, and
for other purposes," it is made the duty of the President to declare, on
or before the 1st day of July then next following, by his proclamation,
in what States and parts of States insurrection exists:
Now, therefore, be it known that I, Abraham Lincoln, President of the
United States of America, do hereby declare and proclaim that the States
of South Carolina, Florida, Georgia, Alabama, Louisiana, Texas,
Mississippi, Arkansas, Tennessee, North Carolina, and the State of
Virginia except the following counties--Hancock, Brooke, Ohio, Marshall,
Wetzel, Marion, Monongalia, Preston, Taylor, Pleasants, Tyler, Ritchie,
Doddridge, Harrison, Wood, Jackson, Wirt, Roane, Calhoun, Gilmer,
Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, Mason, Putnam,
Kanawha, Clay, Nicholas, Cabell, Wayne, Boone, Logan, Wyoming, Webster,
Fayette, and Raleigh--are now in insurrection and rebellion, and by
reason thereof the civil authority of the United States is obstructed so
that the provisions of the "Act to provide increased revenue from
imports, to pay the interest on the public debt, and for other
purposes," approved August 5, 1861, can not be peaceably executed; and
that the taxes legally chargeable upon real estate under the act last
aforesaid lying within the States and parts of States as aforesaid,
together with a penalty of 50 _per centum_ of said taxes, shall be a
lien upon the tracts or lots of the same, severally charged, till paid.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 1st day of July, A.D. 1862, and of
the Independence of the United States of America the eighty-sixth.
ABRAHAM LINCOLN.
By the President:
F.W. SEWARD,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
In pursuance of the sixth section of the act of Congress entitled "An
act to suppress insurrection and to punish treason and rebellion, to
seize and confiscate property of rebels, and for other purposes,"
approved July 17, 1862, and which act and the joint resolution
explanatory thereof are herewith published, I, Abraham Lincoln,
President of the United States, do hereby proclaim to and warn all
persons within the contemplation of said sixth section to cease
participating in, aiding, countenancing, or abetting the existing
rebellion or any rebellion against the Government of the United States
and to return to their proper allegiance to the United States on pain of
the forfeitures and seizures as within and by said sixth section
provided.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 25th day of July, A.D. 1862, and of
the Independence of the United States the eighty-seventh.
ABRAHAM LINCOLN.
By the President:
WILLIAM H. SEWARD,
_Secretary of State_.
[From Statutes at Large (Little, Brown & Co.), Vol. XII, p. 589.]
AN ACT to suppress insurrection, to punish treason and rebellion, to
seize and confiscate the property of rebels, and for other purposes.
_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That every person who shall
hereafter commit the crime of treason against the United States, and
shall be adjudged guilty thereof, shall suffer death, and all his
slaves, if any, shall be declared and made free; or, at the discretion
of the court, he shall be imprisoned for not less than five years and
fined not less than $10,000, and all his slaves, if any, shall be
declared and made free; said fine shall be levied and collected on any
or all of the property, real and personal, excluding slaves, of which
the said person so convicted was the owner at the time of committing the
said crime, any sale or conveyance to the contrary notwithstanding.
SEC. 2. _And be it further enacted_, That if any person shall hereafter
incite, set on foot, assist, or engage in any rebellion or insurrection
against the authority of the United States or the laws thereof, or shall
give aid or comfort thereto, or shall engage in or give aid and comfort
to any such existing rebellion or insurrection, and be convicted
thereof, such person shall be punished by imprisonment for a period not
exceeding ten years, or by a fine not exceeding $10,000, and by the
liberation of all his slaves, if any he have; or by both of said
punishments, at the discretion of the court.
SEC. 3. _And be it further enacted_, That every person guilty of either
of the offenses described in this act shall be forever incapable and
disqualified to hold any office under the United States.
SEC. 4. _And be it further enacted_, That this act shall not be
construed in any way to affect or alter the prosecution, conviction, or
punishment of any person or persons guilty of treason against the United
States before the passage of this act, unless such person is convicted
under this act.
SEC. 5. _And be it further enacted_, That to insure the speedy
termination of the present rebellion it shall be the duty of the
President of the United States to cause the seizure of all the estate
and property, money, stocks, credits, and effects of the persons
hereinafter named in this section, and to apply and use the same and the
proceeds thereof for the support of the Army of the United States; that
is to say:
First. Of any person hereafter acting as an officer of the army or navy
of the rebels in arms against the Government of the United States.
Secondly. Of any person hereafter acting as president, vice-president,
member of congress, judge of any court, cabinet officer, foreign
minister, commissioner, or consul of the so-called Confederate States of
America.
Thirdly. Of any person acting as governor of a State, member of a
convention or legislature, or judge of any court of any of the so-called
Confederate States of America.
Fourthly. Of any person who, having held an office of honor, trust, or
profit in the United States, shall hereafter hold an office in the
so-called Confederate States of America.
Fifthly. Of any person hereafter holding any office or agency under the
government of the so-called Confederate States of America, or under any
of the several States of the said Confederacy, or the laws thereof,
whether such office or agency be national, State, or municipal in its
name or character: _Provided_, That the persons thirdly, fourthly, and
fifthly above described shall have accepted their appointment or
election since the date of the pretended ordinance of secession of the
State, or shall have taken an oath of allegiance to or to support the
constitution of the so-called Confederate States.
Sixthly. Of any person who, owning property in any loyal State or
Territory of the United States, or in the District of Columbia, shall
hereafter assist and give aid and comfort to such rebellion; and all
sales, transfers, or conveyances of any such property shall be null and
void; and it shall be a sufficient bar to any suit brought by such
person for the possession or the use of such property, or any of it, to
allege and prove that he is one of the persons described in this
section.
SEC. 6. _And be it further enacted_, That if any person within any State
or Territory of the United States, other than those named as aforesaid,
after the passage of this act, being engaged in armed rebellion against
the Government of the United States, or aiding or abetting such
rebellion, shall not, within sixty days after public warning and
proclamation duly given and made by the President of the United States,
cease to aid, countenance, and abet such rebellion, and return to his
allegiance to the United States, all the estate and property, moneys,
stocks, and credits of such person shall be liable to seizure as
aforesaid, and it shall be the duty of the President to seize and use
them as aforesaid, or the proceeds thereof. And all sales, transfers, or
conveyances of any such property after the expiration of the said sixty
days from the date of such warning and proclamation shall be null and
void; and it shall be a sufficient bar to any suit brought by such
person for the possession or the use of such property, or any of it, to
allege and prove that he is one of the persons described in this
section.
SEC. 7. _And be it further enacted_, That to secure the condemnation and
sale of any of such property, after the same shall have been seized, so
that it may be made available for the purpose aforesaid, proceedings _in
rem_ shall be instituted in the name of the United States in any
district court thereof, or in any Territorial court, or in the United
States district court for the District of Columbia, within which the
property above described, or any part thereof, may be found, or into
which the same, if movable, may first be brought, which proceedings
shall conform as nearly as may be to proceedings in admiralty or revenue
cases; and if said property, whether real or personal, shall be found to
have belonged to a person engaged in rebellion, or who has given aid or
comfort thereto, the same shall be condemned as enemies' property and
become the property of the United States, and may be disposed of as the
court shall decree and the proceeds thereof paid into the Treasury of
the United States for the purposes aforesaid.
SEC. 8. _And be it further enacted_, That the several courts aforesaid
shall have power to make such orders, establish such forms of decree and
sale, and direct such deeds and conveyances to be executed and delivered
by the marshals thereof where real estate shall be the subject of sale
as shall fitly and efficiently effect the purposes of this act, and vest
in the purchasers of such property good and valid titles thereto. And
the said courts shall have power to allow such fees and charges of their
officers as shall be reasonable and proper in the premises.
SEC. 9. _And be it further enacted_, That all slaves of persons who
shall hereafter be engaged in rebellion against the Government of the
United States, or who shall in any way give aid or comfort thereto,
escaping from such persons and taking refuge within the lines of the
army, and all slaves captured from such persons or deserted by them and
coming under the control of the Government of the United States, and all
slaves of such persons found on [or] being within any place occupied by
rebel forces and afterwards occupied by the forces of the United States,
shall be deemed captives of war, and shall be forever free of their
servitude, and not again held as slaves.
SEC. 10. _And be it further enacted_, That no slave escaping into any
State, Territory, or the District of Columbia from any other State shall
be delivered up or in any way impeded or hindered of his liberty except
for crime or some offense against the laws, unless the person claiming
said fugitive shall first make oath that the person to whom the labor or
service of such fugitive is alleged to be due is his lawful owner and
has not borne arms against the United States in the present rebellion
nor in any way given aid and comfort thereto; and no person engaged in
the military or naval service of the United States shall, under any
pretense whatever, assume to decide on the validity of the claim of any
person to the service or labor of any other person, or surrender up any
such person to the claimant, on pain of being dismissed from the
service.
SEC. 11. _And be it further enacted_, That the President of the United
States is authorized to employ as many persons of African descent as he
may deem necessary and proper for the suppression of this rebellion, and
for this purpose he may organize and use them in such manner as he may
judge best for the public welfare.
SEC. 12. _And be it further enacted_, That the President of the United
States is hereby authorized to make provision for the transportation,
colonization, and settlement, in some tropical country beyond the limits
of the United States, of such persons of the African race, made free by
the provisions of this act, as may be willing to emigrate, having first
obtained the consent of the Government of said country to their
protection and settlement within the same, with all the rights and
privileges of freemen.
SEC. 13. _And be it further enacted_, That the President is hereby
authorized, at any time hereafter, by proclamation, to extend to persons
who may have participated in the existing rebellion in any State or part
thereof pardon and amnesty, with such exceptions and at such time and on
such conditions as he may deem expedient for the public welfare.
SEC. 14. _And be it further enacted_, That the courts of the United
States shall have full power to institute proceedings, make orders and
decrees, issue process, and do all other things necessary to carry this
act into effect.
Approved, July 17, 1862.
[From Statutes at Large (Little, Brown & Co.), Vol. XII, p. 627.]
JOINT RESOLUTION explanatory of "An act to suppress insurrection, to
punish treason and rebellion, to seize and confiscate the property of
rebels, and for other purposes."
_Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled_, That the provisions of the
third clause of the fifth section of "An act to suppress insurrection,
to punish treason and rebellion, to seize and confiscate the property of
rebels, and for other purposes" shall be so construed as not to apply to
any act or acts done prior to the passage thereof, nor to include any
member of a State legislature or judge of any State court who has not in
accepting or entering upon his office taken an oath to support the
constitution of the so-called "Confederate States of America;" nor shall
any punishment or proceedings under said act be so construed as to work
a forfeiture of the real estate of the offender beyond his natural life.
Approved, July 17, 1862.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
I, Abraham Lincoln, President of the United States of America and
Commander in Chief of the Army and Navy thereof, do hereby proclaim and
declare that hereafter, as heretofore, the war will be prosecuted for
the object of practically restoring the constitutional relation between
the United States and each of the States and the people thereof in which
States that relation is or may be suspended or disturbed.
That it is my purpose, upon the next meeting of Congress, to again
recommend the adoption of a practical measure tendering pecuniary aid to
the free acceptance or rejection of all slave States, so called, the
people whereof may not then be in rebellion against the United States,
and which States may then have voluntarily adopted, or thereafter may
voluntarily adopt, immediate or gradual abolishment of slavery within
their respective limits; and that the effort to colonize persons of
African descent with their consent upon this continent or elsewhere,
with the previously obtained consent of the governments existing there,
will be continued.
That on the 1st day of January, A.D. 1863, all persons held as slaves
within any State or designated part of a State the people whereof shall
then be in rebellion against the United States shall be then,
thenceforward, and forever free; and the executive government of the
United States, including the military and naval authority thereof, will
recognize and maintain the freedom of such persons and will do no act or
acts to repress such persons, or any of them, in any efforts they may
make for their actual freedom.
That the Executive will on the 1st day of January aforesaid, by
proclamation, designate the States and parts of States, if any, in which
the people thereof, respectively, shall then be in rebellion against the
United States; and the fact that any State or the people thereof shall
on that day be in good faith represented in the Congress of the United
States by members chosen thereto at elections wherein a majority of the
qualified voters of such State shall have participated shall, in the
absence of strong countervailing testimony, be deemed conclusive
evidence that such State and the people thereof are not then in
rebellion against the United States.
That attention is hereby called to an act of Congress entitled "An act
to make an additional article of war," approved March 13, 1862, and
which act is in the words and figure following:
_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That hereafter the following
shall be promulgated as an additional article of war for the government
of the Army of the United States, and shall be obeyed and observed as
such:
ART.--. All officers or persons in the military or naval service of the
United States are prohibited from employing any of the forces under
their respective commands for the purpose of returning fugitives from
service or labor who may have escaped from any persons to whom such
service or labor is claimed to be due, and any officer who shall be
found guilty by a court-martial of violating this article shall be
dismissed from the service.
SEC. 2. _And be it further enacted_, That this act shall take effect
from and after its passage.
Also to the ninth and tenth sections of an act entitled "An act to
suppress insurrection, to punish treason and rebellion, to seize and
confiscate the property of rebels, and for other purposes," approved
July 17, 1862, and which sections are in the words and figures
following:
SEC. 9. _And be it further enacted_, That all slaves of persons who
shall hereafter be engaged in rebellion against the Government of the
United States, or who shall in any way give aid or comfort thereto,
escaping from such persons and taking refuge within the lines of the
army, and all slaves captured from such persons or deserted by them and
coming under the control of the Government of the United States, and all
slaves of such persons found on [or] being within any place occupied by
rebel forces and afterwards occupied by the forces of the United States,
shall be deemed captives of war and shall be forever free of their
servitude and not again held as slaves.
SEC. 10. _And be it further enacted_, That no slave escaping into any
State, Territory, or the District of Columbia from any other State shall
be delivered up or in any way impeded or hindered of his liberty except
for crime or some offense against the laws, unless the person claiming
said fugitive shall first make oath that the person to whom the labor or
service of such fugitive is alleged to be due is his lawful owner and
has not borne arms against the United States in the present rebellion
nor in any way given aid and comfort thereto; and no person engaged in
the military or naval service of the United States shall, under any
pretense whatever, assume to decide on the validity of the claim of any
person to the service or labor of any other person or surrender up any
such person to the claimant on pain of being dismissed from the service.
And I do hereby enjoin upon and order all persons engaged in the
military and naval service of the United States to observe, obey, and
enforce within their respective spheres of service the act and sections
above recited.
And the Executive will in due time recommend that all citizens of the
United States who shall have remained loyal thereto throughout the
rebellion shall, upon the restoration of the constitutional relation
between the United States and their respective States and people, if
that relation shall have been suspended or disturbed, be compensated for
all losses by acts of the United States; including the loss of slaves.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 22d day of September, A.D. 1862,
and of the Independence of the United States the eighty-seventh.
ABRAHAM LINCOLN.
By the President:
WILLIAM H. SEWARD,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF 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 commissions; 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.
[SEAL.]
Done at the city of Washington, this 24th day of September, A.D. 1862,
and of the Independence of the United States the eighty-seventh.
ABRAHAM LINCOLN.
By the President:
WILLIAM H. SEWARD,
_Secretary of State_.
EXECUTIVE ORDERS.
Major-General H.W. HALLECK
_Commanding in the Department of Missouri_.
GENERAL: As an insurrection exists in the United States and is in arms
in the State of Missouri, you are hereby authorized and empowered to
suspend the writ of _habeas corpus_ within the limits of the military
division under your command and to exercise martial law as you find it
necessary, in your discretion, to secure the public safety and the
authority of the United States.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed, at Washington, this 2d day of December,
A.D. 1861.
[SEAL.]
ABRAHAM LINCOLN.
By the President:
WILLIAM H. SEWARD,
_Secretary of State_.
GENERAL ORDERS, NO. III.
HEADQUARTERS OF THE ARMY,
ADJUTANT-GENERAL'S OFFICE,
_Washington, December 30, 1861_.
* * * * *
Joint Resolution expressive of the recognition by Congress of the
gallant and patriotic services of the late Brigadier-General Nathaniel
Lyon and the officers and soldiers under his command at the battle of
Springfield, Mo.
_Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled_, 1. That Congress deems it just
and proper to enter upon its records a recognition of the eminent and
patriotic services of the late Brigadier-General Nathaniel Lyon. The
country to whose service he devoted his life will guard and preserve his
fame as a part of its own glory.
2. That the thanks of Congress are hereby given to the brave officers
and soldiers who, under the command of the late General Lyon, sustained
the honor of the flag and achieved victory against overwhelming numbers
at the battle of Springfield, in Missouri; and that, in order to
commemorate an event so honorable to the country and to themselves, it
is ordered that each regiment engaged shall be authorized to bear upon
its colors the word "Springfield," embroidered in letters of gold. And
the President of the United States is hereby requested to cause these
resolutions to be read at the head of every regiment in the Army of the
United States.
The President of the United States directs that the foregoing joint
resolution be read at the head of every regiment in the Army of the
United States.
By command of Major General McClellan:
L. THOMAS,
_Adjutant-General_.
WAR DEPARTMENT, _January 22, 1862_.
The President, Commander in Chief of the Army and Navy, has received
information of a brilliant victory by the United States forces over a
large body of armed traitors and rebels at Mill Springs, in the State of
Kentucky. He returns thanks to the gallant officers and soldiers who won
that victory, and when the official reports shall be received the
military and personal valor displayed in battle will be acknowledged and
rewarded in a fitting manner.
The courage that encountered and vanquished the greatly superior numbers
of the rebel force, pursued and attacked them in their intrenchments,
and paused not until the enemy was completely routed merits and receives
commendation.
The purpose of this war is to attack, pursue, and destroy a rebellious
enemy and to deliver the country from danger menaced by traitors.
Alacrity, daring, courageous spirit, and patriotic zeal on all occasions
and under every circumstance are expected from the Army of the United
States. In the prompt and spirited movements and daring battle of Mill
Springs the nation will realize its hopes, and the people of the United
States will rejoice to honor every soldier and officer who proves his
courage by charging with the bayonet and storming intrenchments or in
the blaze of the enemy's fire.
By order of the President:
EDWIN M. STANTON,
_Secretary of War_.
PRESIDENT'S GENERAL WAR ORDER NO. 1
EXECUTIVE MANSION,
_Washington, January 27, 1862_.
_Ordered_, That the 22d day of February, 1862, be the day for a general
movement of the land and naval forces of the United States against the
insurgent forces; that especially the army at and about Fortress Monroe,
the Army of the Potomac, the Army of Western Virginia, the army near
Munfordville, Ky., the army and flotilla at Cairo, and a naval force in
the Gulf of Mexico be ready to move on that day.
That all other forces, both land and naval, with their respective
commanders, obey existing orders for the time and be ready to obey
additional orders when duly given.
That the heads of Departments, and especially the Secretaries of War and
of the Navy, with all their subordinates, and the General in Chief, with
all other commanders and subordinates of land and naval forces, will
severally be held to their strict and full responsibilities for prompt
execution of this order.
ABRAHAM LINCOLN.
PRESIDENT'S SPECIAL WAR ORDER NO. 1.
EXECUTIVE MANSION,
_Washington, January 31, 1862_.
_Ordered_, that all the disposable force of the Army of the Potomac,
after providing safely for the defense of Washington, be formed into an
expedition for the immediate object of seizing and occupying a point
upon the railroad southwest ward of what is known as Manassas Junction;
all details to be in the discretion of the General in Chief, and the
expedition to move before or on the 22d day of February next.
A. LINCOLN.
WAR DEPARTMENT,
_Washington City, February 11, 1862_.
_Ordered_, That D.C. McCallum be, and he is hereby, appointed military
director and superintendent of railroads in the United States, with
authority to enter upon, take possession of, hold, and use all
railroads, engines, cars, locomotives, equipments, appendages, and
appurtenances that may be required for the transport of troops, arms,
ammunition, and military supplies of the United States, and to do and
perform all acts and things that may be necessary or proper to be done
for the safe and speedy transport aforesaid.
By order of the President, Commander in Chief of the Army and Navy of
the United States:
EDWIN M. STANTON,
_Secretary of War_.
WAR DEPARTMENT, _February 13, 1862_.
_Ordered_, 1. That all applications to go south across the military lines
of the United States be made to Major-General John A. Dix, commanding
at Baltimore, who will grant or refuse the same at his discretion.
2. That all prisoners of war and other persons imprisoned by authority
of any department of the Government who shall be released on parole or
exchange shall report themselves immediately on their arrival at Baltimore
to Major-General Dix and be subject to his direction while remaining
in that city. Any failure to observe this order will be taken as a
forfeiture of the parole or exchange.
The regulation heretofore existing which required passes across the
military lines of the United States to be signed by the Secretary of
State and countersigned by the General Commanding is rescinded.
By order of the President:
EDWIN M. STANTON,
_Secretary of War_.
EXECUTIVE ORDER NO. 1, RELATING TO POLITICAL PRISONERS.
WAR DEPARTMENT,
_Washington, February 14, 1862_.
The breaking out of a formidable insurrection based on a conflict of
political ideas, being an event without precedent in the United States,
was necessarily attended by great confusion and perplexity of the public
mind. Disloyalty before unsuspected suddenly became bold, and treason
astonished the world by bringing at once into the field military forces
superior in number to the standing Army of the United States.
Every department of the Government was paralyzed by treason. Defection
appeared in the Senate, in the House of Representatives, in the Cabinet,
in the Federal courts; ministers and consuls returned from foreign
countries to enter the insurrectionary councils or land or naval forces;
commanding and other officers of the Army and in the Navy betrayed our
councils or deserted their posts for commands in the insurgent forces.
Treason was flagrant in the revenue and in the post-office service, as
well as in the Territorial governments and in the Indian reserves.
Not only governors, judges, legislators, and ministerial officers in the
States, but even whole States rushed one after another with apparent
unanimity into rebellion. The capital was besieged and its connection
with all the States cut off.
Even in the portions of the country which were most loyal political
combinations and secret societies were formed furthering the work of
disunion, while, from motives of disloyalty or cupidity or from excited
passions or perverted sympathies, individuals were found furnishing men,
money, and materials of war and supplies to the insurgents' military and
naval forces. Armies, ships, fortifications, navy-yards, arsenals,
military posts, and garrisons one after another were betrayed or
abandoned to the insurgents.
Congress had not anticipated, and so had not provided for, the
emergency. The municipal authorities were powerless and inactive. The
judicial machinery seemed as if it had been designed, not to sustain the
Government, but to embarrass and betray it.
Foreign intervention, openly invited and industriously instigated by the
abettors of the insurrection, became imminent, and has only been
prevented by the practice of strict and impartial justice, with the most
perfect moderation, in our intercourse with nations.
The public mind was alarmed and apprehensive, though fortunately not
distracted or disheartened. It seemed to be doubtful whether the Federal
Government, which one year before had been thought a model worthy of
universal acceptance, had indeed the ability to defend and maintain
itself.
Some reverses, which, perhaps, were unavoidable, suffered by newly
levied and inefficient forces, discouraged the loyal and gave new hopes
to the insurgents. Voluntary enlistments seemed about to cease and
desertions commenced. Parties speculated upon the question whether
conscription had not become necessary to fill up the armies of the
United States.
In this emergency the President felt it his duty to employ with energy
the extraordinary powers which the Constitution confides to him in cases
of insurrection. He called into the field such military and naval
forces, unauthorized by the existing laws, as seemed necessary. He
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